How to write a complaint to the GZHI (State Housing Inspectorate) about housing and communal services, management company (MC), neighbors - rules, procedure and grounds in 2021, sample applications

The life of any person cannot take place in a closed individual space; it consists of interaction with a large number of people - communication with them, neighbors, working relationships.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

But what to do if, after working days, a person is unable to find peace at home because of the active and hectic life of his neighbors, when he is a hostage to the situation, because according to generally accepted standards, every socially mature person should live in such a way as not to create problems for others.

When a complaint against neighbors is justified

There may be several reasons for writing a statement of unlawful actions behind the wall:

• Uncleanliness - violation of sanitary standards for the operation of housing is described in Art. 6.4 of the Code of Administrative Offenses of the Russian Federation, systematic complaints from neighbors in this case can lead to the eviction of the troublemaker from the house;

Article 6.4. Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport

Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport -

entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days.

• Loudness is a fairly common complaint in the presence of too much music, shouting, quarrels, noisy holidays, repair work at an unacceptable time of day, however, it is often impossible to prove that you are right in this case, since this very evidence is not always available;
• Animals - there are many reasons to complain about this - barking, whining, walking on playgrounds, stench, aggression from animals, all this is a reason, however, this coin also has a flip side, since injury from unrestrained neighbors to animals is also may give rise to a complaint;

When neighbors interfere with your life, where can you complain? Watch the video:

• Protracted repairs - every person has the right to improve their living conditions, however, if repairs have become an endless torture for neighbors, lasting for years, it is possible to complain not only about noise and unpleasant odors from paint, but also about unauthorized changes in the layout of housing or systematic shutdown of communication networks;
• Flooding - this can happen to anyone, but if the flooding is systematic, and the neighbors have no desire to restore the damage to their property, it is possible to complain, especially since there is a lot of evidence in this case;
• A brothel and drunkenness are also a reason for treatment, since the immoral behavior of these residents poses a direct threat to all residents of the entrance, young people and children are at risk, attacks and robberies are possible.

Powers of the state housing inspection

The powers of government agencies are specified in Article No. 12 of the RF Housing Code.

It is thanks to these provisions that a citizen interacts with neighbors if:

• standards are not followed;
• peace is disturbed;
• individuals continue to litter a public corridor or throw trash into drains.

The State Housing Authority or the Criminal Code, as well as Rospotrebnadzor, the prosecutor’s office and the courts can always help in the fight. A person has the right to write a complaint to the housing inspectorate (sample). You can even submit a claim without leaving your home via the Internet.

The management company has the right to enter into service agreements with residents and provide utility resources. Companies cannot inflate rates, but are authorized to participate in premises problems. Organizations establish rules for living in apartment buildings, but they cannot go against the law. The actions of the management company are monitored by housing supervision officers, as well as members of the HOA board.

Requirements for premises owners and their responsibilities:

1. Follow parking rules.
2. Do not litter on the premises.
3. Make timely payments for utilities and annual contributions.
4. Maintain silence not only at night, but also during the lunch break, because residents may have children who need to nap during the day.
5. Monitor compliance with the rules.
6. Follow the instructions of local authorities.
7. Receiving complaints from citizens and registering new residents of apartment buildings.
8. Maintaining premises and taking measures if some buildings are considered unsafe or require major repairs.
9. Acceptance of payments and accrual.
10. Providing communal resources in full.

The management company has the right not only to help residents resolve internal issues, but also to respond to complaints about the work of its employees. Not all management organizations comply with the rules and most often exceed their authority, so the inspectorate regularly conducts inspections.

The main tasks of the State Housing Inspectorate

Control function of the State Housing Inspectorate

Such events happen once a year or are unscheduled. If any of the owners or the managers themselves violate the general rules, they will face administrative, and in some cases, criminal liability.

Rules for writing an application

A complaint is an opportunity to formally appeal to authorized norms in accordance with the legal framework on norms of behavior in society.

Despite the legislative regulation of generally accepted norms, the application in this case does not have a fixed form, so it is drawn up in accordance with generally accepted norms.

Important: the application should be written in 2 copies - keep one for yourself. A sample complaint against neighbors to a district police officer can be downloaded below for free.

The document should indicate:

1. Statement header:

• Name of the organization where it is sent - you must indicate the full name with details and address of the position;
• Full name of the head - indicated without abbreviations, if the head is unknown, just the name of the institution;
• Full name of the applicant;
• The applicant's residential address;
• Contact Information;

1. Title of the document “Complaint”:

• Statement of the essence of the appeal;
• Applicant's signature and date of formation.

If the complaint is a collective one, you should indicate a list of persons applying, who must sign at the end of the paper.

Sample complaint against neighbors to the district police officer.

In the summary of the essence, you should indicate the name of the neighbor to whom the complaint was written, the address of his residence, state the essence, indicate your requirements and the availability of evidence to justify the claims, make a reference to regulations, indicate attempts to resolve the problem peacefully.

It should be remembered that a collective complaint will be considered more actively than an individual one.

Important: the essence of such an appeal is not only a complaint against a neighbor and making claims against him, but also a proposal for a rational solution to the current situation.

Sample application for a noisy neighbor. Photo: mosadvokat.org

Documentation

The following must be attached to the application:

• Applicant's passport;
• A copy of the application;
• Evidence, for example, a photo of the flood or an expert’s opinion on the amount of damage suffered;
• If available, documents confirming the application to other authorities.

Where to drop off the package

The first instance where you should contact is the local police station or police station on duty - solving such offenses is their direct responsibility.

Important: if they refuse to accept the application, they should demand an officially substantiated document.

In this case, everything usually happens in favor of the applicant, since there is nothing to justify an official refusal in the presence of truthful information about the offense.

You can also complain in:

• Court;
• housing and communal services;
• Rospotrebnadzor;
• Housing inspection.

But this requires a case of environmental pollution, violation of sanitary standards of residence, or ongoing repairs; each type of authority has its own version of treatment.

Sample of a collective complaint against a neighbor. Photo: uratlas.ru

Contacting the prosecutor's office

A collective complaint to the prosecutor's office against a neighbor (sample below) is an extreme measure when a local police officer does not respond to repeated requests from residents of a particular house or area.

The main purpose of such a document is to force the district police officer to fulfill his official duties and, of course, to rein in the violator of public order.

The main emphasis in such a document is on the action or inaction of the local police officer. And the actions of a neighbor are secondary.

How to properly contact various authorities

Very often, some neighbors forget that they are not the only ones in an apartment building and behave as if everything is allowed to them, then, depending on the situation, it is permissible to complain to various authorities.

To the district police officer

The period of night is intended for rest, this is also indicated by regulations, according to which you cannot make noise above 30 decibels from 11 pm to 7 am.

Of course, such measurements require special instruments, but you can do without them if your neighbors systematically organize night festivities.

Then you should proceed as follows:

• Try to solve the problem yourself;
• Call the police and call for a squad;
• If all this does not stop the neighbors, write a complaint to the district police officer and the police station for a more serious turn of events.

For advice from a lawyer on what to do if your neighbors don’t allow you to live normally, watch this video:

Before writing, you should decide:

• With a complaint form, collective or individual;
• When collective, decide on the addressee;
• Contact the district police officer directly, since if you contact the head of the department, the application will still be forwarded to him. So the name of the district police officer should be indicated in the header of the application.

Rights and functions of HOAs - read the link.

Important: you must sign the application, since, according to regulations, it will not be considered if the applicant is anonymous.

To the prosecutor's office

Today, it is possible for any person to complain to the prosecutor’s office if there is a violation of his rights and integrity in accordance with legislative acts, which means that it is possible to complain to this authority about any issue of rowdy behavior on the part of cohabitants.

The application form in such a case is standard; the name of the relevant district office should be indicated in the header, and the main thing is to state the essence of the problem.

The document can also be drawn up collectively and individually, but one should remember the advantages of the first.

The document is signed and submitted along with a copy of it for registration.

Important: the prosecutor's office primarily considers more serious offenses, so if there is only loud music, it is better to go to the police station.

To court

This time the appeal will be called a claim and must have a reasonable evidence base.

Its preparation requires compliance with several recommendations:

• The header should, as before, indicate the number of the territorial department, but at the same time indicate the parties to the proceedings;
• Next, you should indicate the names and residential addresses of the plaintiff and the culprit;
• All the facts of the appeal are presented in a dry, restrained tone;
• Links to legal acts;
• Indicate the fact of violation;
• Next comes the reasoned request;
• List of attached documentation.

Important: a claim in court must be drawn up in accordance with all standards, this is very important.

To Rospotrebnadzor

You should complain to this body in cases of violation of sanitary and epidemiological standards, then its employees will come and measure the air for the presence of harmful substances in it and issue an order.

According to Article 30 of the Housing Code of the Russian Federation, such a violation occurs in the case of storing spoiled and smelly things in an apartment or using residential real estate for the purpose of earning money through the use of acrylic, acetone and other chemical compounds.

Article 30. Rights and obligations of the owner of residential premises

1. The owner of a residential premises shall exercise the rights of ownership, use and disposal of the residential premises belonging to him by right of ownership in accordance with its purpose and the limits of its use, which are established by this Code.

2. The owner of residential premises has the right to provide possession and (or) use of residential premises belonging to him by right of ownership to a citizen on the basis of a lease agreement, an agreement for gratuitous use or on other legal grounds, as well as to a legal entity on the basis of a lease agreement or on other legal grounds taking into account the requirements established by civil legislation and this Code.

3. The owner of a residential premises bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of the premises in the corresponding apartment building, and the owner of a room in a communal apartment also bears the burden of maintaining the common property of the owners of the rooms in such an apartment, unless otherwise provided by the federal law or contract.

4. The owner of a residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building.

5. The owner of a residential building or part of a residential building is obliged to ensure the management of municipal solid waste by concluding an agreement with the regional operator for the management of municipal solid waste. For the purposes of this Code and other acts of housing legislation, the management of municipal solid waste means the collection, transportation, neutralization, and burial of solid municipal waste.

An application is written according to a standard template, indicating the name of the circulation authority in the header and mandatory signatures at the end.

Who not to contact

In principle, it is possible to complain to any body responsible for the safety of human life and health, compliance with sanitary standards and operation of property.

However, it should be remembered that:

• There is no point in complaining immediately to the head of the police department, since the district police officer will still consider the application, and only after his inaction will a higher-ranking person accept the complaint;
• Complaining to the Housing Office or the manager is available only in case of improper use of the property;
• You should not go to the administration with a demand to punish - this body is not executive;
• The epidemiological station or fire department will consider the application only to resolve issues relating to their jurisdiction.

Is it possible to change the management company if it does not fulfill its duties? See here.

Deadlines

If the complaint was received by the district police officer, then he has 3 days to consider the case in accordance with Article 144 of the Code of Criminal Procedure of the Russian Federation.

If there is a petition from an official, the period can be extended to 10 days.

The prosecutor's office and Rospotrebnadzor have a month to consider the appeal.

Officials have the right to consider the application for up to 15 days.

Grounds for a complaint to the State Housing Inspectorate

Any claim must be based on specific facts and have an evidence base. A sample complaint to the housing inspectorate describes each point in detail and will help the applicant draw up the document correctly.

Reasons for writing a letter of claim:

1. Unauthorized redevelopment.
2. The owner converted the residential premises into non-residential ones or, conversely, without coordinating the actions with the housing office, and did not formalize everything according to the law.
3. The money for the repair of the entrance was not given for more than five years.
4. Utilities are violating the terms of the contract. For example, services are provided in poor quality, fees are overcharged, or incorrect charges are made.
5. Neighbors disturb the peace of other residents of the house: they litter, make noise, smoke or use drugs or alcohol.

Any violation is subject to liability. After writing a complaint, employees of the HOA or management company are obliged to resolve the problem. If this does not happen, then you can contact the court at your place of residence.

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How to write?

In 2021, there are several ways to contact authorized bodies:

1. Personally . Each organization provides personal reception of citizens. To visit a specialist, you must specify the appointment time. As a rule, data can be found on the organization’s website or by phone.
2. By letter . The application must be submitted in writing. Evidence is attached to it. The envelope must include a description of the contents.
3. In electronic form . Almost every organization in 2021 has a service for receiving electronic appeals from citizens. As a rule, it is located on the organization's website.

The easiest and most accessible way is to apply electronically. To refer him, no special knowledge is required, no need to find out the appointment time. Moreover, it can be issued at any time of the day.

None of the authorities will consider an anonymous complaint. The applicant must provide his details and address so that his identity can be identified.

Let's take a closer look at how to draw up an application.

To the guardianship and trusteeship authorities

You may need to file a complaint against your neighbors with the guardianship authorities not only for your peace of mind, but also to protect your minor neighbors. How to complain to guardianship about neighbors? You can complain to the guardianship authorities if:

• in the apartment next door you can often hear children crying and screaming;
• in the apartment where young children live, there is often drinking;
• you witnessed minors living in the apartment next door engaging in drinking or smoking.

Violation of hostel rules

Residents of apartment buildings are obliged to treat their neighbors with respect, observing the rules of the hostel. Of course, every citizen has the right to privacy and personal freedom. But we should not forget that in a civilized society the freedom of one person ends where the freedom of another begins. Unfortunately, not every resident complies with the rules of the hostel, thereby, wittingly or unwittingly, infringing on the rights and interests of their own neighbors.

If attempts to call the violators to order have not led to success, then the only way out is to complain to the supervisory authorities, one of the main ones being the prosecutor’s office. All situations in which it is permissible to contact law enforcement agencies are spelled out in the current legislative codes - housing, civil, administrative and criminal.

The most common reasons for conflicts between neighbors are such cases:

• Seizure of common property, obstruction of the use of public premises. This is installing a door on the staircase without the consent of other residents, or littering corridors, stairs and landings with personal belongings;
• Failure to maintain cleanliness and order in the common area. The offender regularly litters the entrance and in the yard; his apartment has turned into a breeding ground for rodents and insects, spreading to neighboring apartments. An animal lover set up a shelter for cats and dogs in his home, ignoring the opinions of other residents of the high-rise building;
• The neighbors are noisy. This problem is aggravated by poor sound insulation between apartments. According to regulations, the maximum noise level in an apartment at night should not exceed 30 decibels, and during the day - no more than 40 decibels. The period of day considered night time is set separately in each region. For example, in Moscow this time is from 23 pm to 7 am;
• Damage to home property and property of other citizens. Cut wiring, broken light bulbs, scribbled and painted walls of the entrance, burnt elevator and bell buttons are direct signs of an act of an administrative, or even criminal, nature.

A complete list of responsibilities of a resident of an apartment building is given in Article No. 30 of the housing legislation of the Russian Federation.

What is a complaint?

The document is drawn up if the neighbors do not want to accept and comply with the rules of common residence. This is one of the extreme steps, it is taken if the problem cannot be resolved peacefully.

The official paper is filled out in free form; there are no strict requirements, but the names of the parties and the circumstances of the case must be indicated.

Situations in which you can contact a supervisory authority are regulated by housing, criminal, civil, and administrative legislation.

Terms of consideration, consequences

In accordance with federal law, representatives of the prosecutor's office are required to consider the appeal within 30 days, during which time an investigation is carried out. After this, a decision is made. The complaint may be rejected or an order may be issued to eliminate violations of the law and bring the culprit to justice.

If the appeal was accepted and the decision was made in your favor, the perpetrator may receive an administrative fine, be sent to community service, and for serious violations, imprisonment is provided.

The document is returned to the applicant if there were errors in it, the parties were not indicated, the claim was unfounded, the text contains obscene, offensive language, or threats.

Who can file a complaint?

As a rule, the owner of the property is responsible for filing a claim or complaint with law enforcement agencies, utility services and the court, but all apartment residents who have encountered a violation of their rights have the right to appeal to these authorities.

We are talking not only about family members of the property owner or tenants who have signed a rental agreement, but also about any other citizens living in the premises.

There are two types of complaints:

• individual (registered on behalf of one citizen);
• collective (compiled on behalf of several residents).

In practice, the second option of contacting one or another authority has a greater effect.