The construction of any kind of construction projects can be carried out only if all the necessary permits are available, which are approved by the norms of the current legislation.
The customer prepares and approves these papers during the design of the structure. What does not have the right to create inconvenience to the owners of nearby buildings, as well as pollute the surrounding area. If these rules are not followed, the developer may be subject to both criminal and administrative liability, or to payment of a sum of money as compensation for causing moral or material damage.
You can complain about construction to the control authorities, who will check its legality.
Where to complain about the developer
The authorities that consider complaints related to construction differ in the subject of the claims. So, today you can contact the following authorities:
- Department of Natural Resources and Environmental Protection.
- Rospotrebnadzor.
- Court.
- Rostekhnadzor.
- Prosecutor's office.
In cases where construction is carried out at night (late), harmful materials or technologies are used, etc., it is necessary to call the police or local police officer to draw up a report. And present it to the regulatory authorities as evidence.
Collective complaints from a group of interested parties, such as residents of a neighboring building, will have greater weight and will help speed up the process of bringing the offender to justice.
The legislative framework
When drawing up a complaint, you can be guided by the following legislative acts:
- Federal Law “On the sanitary and epidemiological welfare of the population” dated March 30, 1999 N 52-FZ (as amended on July 29, 2017).
- Federal Law “On Environmental Protection” dated January 10, 2002 N 7-FZ (as amended on July 29, 2017).
- Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” No. 59-FZ dated May 2, 2006.
- Town Planning Code of the Russian Federation N 190-FZ dated December 29, 2004 (as amended on July 29, 2017).
- Civil Code of the Russian Federation N 14-FZ dated January 26, 1996. (as amended on March 28, 2017).
Contact Rospotrebnadzor
You can write a complaint about a noisy construction site at night to Rospotrebnadzor, from where they are required to send a specialist to measure the level of noise and sounds.
.
When the data obtained differ from the established norms, then on the basis of Law No. 52-FZ
, which prohibits night unloading, loading and construction and finishing work, a protocol is drawn up for the court.
You can send an appeal to the federal control service:
- Rosposhta. Address for departure: 127994, Moscow, Vadkovsky lane, building 18, buildings 5 and 7. All materials that can prove illegal actions or violations discovered at the construction site are attached to the complaint. A letter from the applicant sent with the notification ensures that it will be served on the addressee, notifying the sender exactly when this happened.
- You can submit a written complaint about the process of illegal construction during a personal meeting with an official, supplementing it with oral explanations. The reception schedule for citizens can be found here rospotrebnadzor.ru/feedback/index.php.
- An electronic complaint can be filed online at petition.rospotrebnadzor.ru/petition/oper_msg_create/, where it will be considered after a maximum of 30 days, in accordance with the requirements of the law. By filling out personal data, the applicant can explain the situation in detail, as well as point out all the circumstances indicating violations of the law during construction. The “Select file” function will help you enter data for a group of people for collective submission of a document.
Citizens have the right to complain to any branch of the territorial or Central Rospotrebnadzor. You just need to use the information from this page www.zpppinf.ru/rospotreb.html.
What are the dangers of high building density?
We received an answer to this question from General Director Maria Litinetskaya, who identified several main negative factors, generally confirming the fears of concerned residents: “In most cases, compact development is accompanied by a deterioration in living conditions for residents of houses adjacent to the construction area. Firstly, the load on the transport infrastructure increases significantly. At the same time, problems with parking almost always arise, since existing parking lots are often not able to cope with the additional volume of cars.
Secondly, such construction in a historically established neighborhood certainly affects the peace of mind of local residents. Construction equipment works “to the bitter end”, the noise practically does not subside even for a minute.
Thirdly, compact construction increases the load on the existing utility network, which often leads to accidents and interruptions in water and electricity supplies. Another important factor in the influence of “compaction” is that the construction of new facilities often has a negative impact on the structure of neighboring houses - various cracks and defects occur, deflections of concrete slabs of balconies, subsidence of the foundation, etc.
As a result, housing in neighboring houses may become cheaper. When it comes to new buildings, apartments usually lose 10–15% in price. Representatives of the old housing stock, which are not particularly expensive anyway, are falling in price by 5–10%.”
Complaint about construction to Rostekhnadzor
When doubts arise regarding the legality and availability of documents
, confirming the permit for construction or the materials used, you should contact Rostechnadzor. This authority controls the scope of technological safety during construction work.
You can make a complaint in different ways:
- By contacting the reception office in person of the Central Office, located in Moscow on the street. Taganskaya, 34, building 1. This is where the heads of the Department accept applications. Citizens can find the visiting schedule here www.gosnadzor.ru/public/reception/shedule/. You can pre-register by telephone at 8 (495) 532-13-28, indicating the applicant’s details and describing the essence of your claim. Reception is carried out strictly according to passports and at the time specified in the preliminary registration. This way, the applicant will be able to legitimately explain orally what was the reason for the appeal. Also, citizens have the right to provide all necessary documents on this issue, drawn up in accordance with the norms and rules of relevant legislation, during a personal meeting.
- You can send documents by mail: 105066, Moscow, B-66, st. A. Lukyanova, 4, building 1. The sender can find out when the letter will arrive at the reception by calling the number. By sending the papers in writing by mail, with notification, it will be possible to track their transfer to authorized persons of Rostechnadzor. If the documents are drawn up correctly, then registration will take three days from the date of their publication.
- You can fill out the form on the Department’s website page in electronic form here gosnadzor.ru/public/reception/feedback/.
Before filling out the form, the user has the right to familiarize himself with the rules, as well as the procedure for filing such claims. In addition to the application itself, you will need to fill out other information:
- Choose how to receive a response by mail or email.
- Provide all personal information of the applicant and group of persons.
- Please indicate “Construction Supervision” in the subject line of your message.
- Information about construction should be provided in the “Your question” section. Here it is important to indicate the facts of violations, location, developer and other reliable data regarding the object of the complaint.
- The “Attach file” function will allow you to supplement the application form with audio, video or photo files indicating the illegality of the construction (for example, a police officer’s protocol).
- Publishing the text of the appeal is permitted only after obtaining the consent of the applicant. Otherwise, confidentiality will be maintained.
Russian citizens have the right to send an appeal to the local office of Rostechnadzor, or to its central office.
Residents of Pavshinskaya Poima are sounding the alarm
At the end of November 2014, the author of the article was sent a petition drawn up by residents of the Pavshinskaya floodplain addressed to the Governor of the Moscow Region Andrei Vorobyov (copies were sent to the head of the Krasnogorsk municipal district B. E. Rasskazov, the head of the Krasnogorsk urban settlement P. V. Starikov and to the Main Department of Architecture and Urban Planning Moscow region). Alarmed by the construction of a “monster house” in the “Spassky Most” microdistrict, residents of neighboring buildings demand to cancel its construction or at least reduce the number of floors of the 9th, 10th and 11th buildings of the residential complex, which, in their opinion, “violate the standards for residential density".
Indeed, in the established, albeit young area, it is planned to build a 29-story building designed for 1,414 apartments. Therefore, the petition states that “the construction will worsen living conditions in an already overpopulated area, lead to a worsening of the situation with the provision of social infrastructure in the area, and to overload in kindergartens and schools. Traveling to the area will become significantly more difficult; the acute shortage of parking spaces will be an additional incentive to turn lawns into parking lots!”
At the time the author of the article read the petition, it already had the signatures of 1,159 residents - you can’t pass it by! And while the residents of the Pavshinskaya floodplain are ringing the bells, KVARTIRAzaMKAD.ru is trying to understand the current situation and understand how dangerous the neighboring development is, what residents of neighboring houses can and cannot do, alarmed by the construction of another high-rise building nearby.
Department of Natural Resources and Environmental Protection
The Department of Natural Resources will accept a complaint if it detects a negative impact of construction technologies or harmful materials on the natural environment. Which ultimately leads to the death of green spaces, pollutes the surrounding area, etc.
If you live in Moscow, you can submit an application:
- Send materials by letter, Russian Post, with notification: 119991, “Moscow GSP-1”, Novy Arbat street 11, bldg. 1. Such claims describe the discovered facts of violations, attaching documented evidence. An inventory of the documents being sent must be compiled. And now their delivery can be tracked. If sent without notification, the applicant will not have official confirmation of the application to the Department of Natural Resources and Environmental Protection
.
You can find out about the receipt of such a letter by telephone at the following numbers: 8 (495) 609-93-95,
. - In electronic format Here the claim can be attached as a separate document, indicating the topic of the appeal.
- By making an appointment in advance with your deputies or manager by phone. At the reception, the applicant provides all documents and information known to him.
- On the Moscow Government website you can select the Department of Natural Resources
.
In the application, tell about all the facts of violations, indicate the location of the work and all known information about the developer. Note which authorities have already been contacted and provide decisions on them in a specially designated window. If necessary, you can use the “Add File” button and send evidence in various digital formats.
Complaint about construction to the Prosecutor's Office
According to the current constitutional rights, a Russian can resort to the help of the Prosecutor's Office if no violations were identified by other monitoring organizations involved earlier.
The appeal can be filed at the territorial office of the Prosecutor's Office, or sent to the Prosecutor General's Office. If the construction site is located on the territory of Moscow, then you can contact the local Prosecutor’s Office:
- Personally to the prosecutor on duty, according to the visiting schedule: from Monday to Thursday, during office hours (9.00 - 18.00); on Fridays (9.00 – 16.45, break 13.00 – 13.45); holidays - days off. You can pre-register for an appointment with management officials by inquiring about the schedule on this page mosproc.ru/rabota-s-obrashenijami/graphik-lichnogo-priema.php.
- You can only fax a complaint using a telephone number. It will not be possible to send additional materials this way.
- A letter for delivery with notification should be sent to the address: 109992, Moscow, pl. Krestyanskaya Zastava, 1.
- The Internet reception has the function “Appeal to the Moscow Prosecutor,” but only those who agree to the processing of personal data can use it. In the form, be sure to indicate the reasons for filing the application, the location of the property, owners, violations and confirmed facts of illegal actions.
In the buildings of territorial divisions there are boxes for receiving any correspondence.
Reasons for filing
You can complain about a dishonest developer for the following reasons:
| Low quality of the constructed facility | Claims are made about the quality of the windows installed in the apartment (for example, the frames are skewed). Or citizens discovered an incorrect pipe in the bathroom, which prevents the facility from being used for its intended purpose. |
| The agreed deadlines for delivery of the new building were violated | When concluding an agreement on shared construction, a point is immediately agreed upon when the house will be ready for occupancy. If the deadlines are violated, the shareholder may demand payment of penalties for each day of delay. If the developer does not meet the deadline, he can negotiate with the buyer and enter into an agreement on the timing of the construction delay. In this case, the citizen cannot demand payment of the penalty. |
| Regulatory and government standards are not met | A building permit has not been obtained, design documentation for the house has not been agreed upon, and a building not indicated in the plan is being added to the new building. |
This list is not exhaustive and there may be other reasons for filing a complaint.
Reference! A claim against a construction organization is accepted only if there is evidence.
Complaint against the developer to court
The court will consider even minor violations, such as a noise claim, provided that the evidence is well prepared. For example: a documented expert opinion on noise level measurements, a district police officer’s protocol, visually recorded facts of work at the site at night (photos, videos), etc.
According to the court's conclusion, the construction site could be “frozen,” either temporarily or permanently. And the plaintiff may be paid by the defendant material or moral compensation, strictly in the prescribed amounts. In addition, the court has the power to impose monetary fines and administrative penalties.
complaint about the construction site complaint to the prosecutor's office complaint to Rospotrebnadzor
Permissible noise level, according to the Government of the Capital
The maximum permissible noise level established by the Moscow authorities is directly related to human comfort:
| Noise level, dB | What does noise at a given dB level sound like? | Noise ban | Comfort for humans |
| 30 | Sounds like rustling leaves | Allowed at any time | Comfortable |
| 40 | Standard human conversation | Allowed at any time, including in social institutions | comfortable |
| 60 | Man talking in slightly elevated voice | Allowed at any time in apartments, as well as during the day in social institutions, such as hospitals | Comfortable |
| 90 | Alarm clock | Allowed during the daytime for 1 - 2 minutes. | Causes discomfort |
| 140 | Can be compared to the takeoff of an airplane or a shot | Prohibited at any time | Causes pain in humans |
| 160 | An airplane crossing the supersonic barrier | Prohibited at any time | May cause membrane rupture |
On the street, during the daytime, the noise level cannot be higher than 70 dB, and at night - 60 dB. In apartments, noise is allowed at a level of 55 dB, and in new ones - 45 dB. Hospital wards must be quiet even during the day, where permissible daytime parameters are set at 50 dB.
