How can residents check the work of the management company? We understand who controls the management companies of housing and communal services and how to independently check their activities

City dwellers mostly spend their lives in apartment buildings. They are serviced by a homeowners association (HOA) or a management company - the final choice is up to the owners. Residents hope for a clear and competent work of those who have been entrusted with common house property. But what to do and how to act if there is no benefit from the management company, its actions and decisions are illegal, or it is completely inactive. It is important to understand and figure out where to complain about the management company, is there any real benefit from such complaints?

Homeowners, having chosen a company, conclude an agreement on the management of an apartment building. If it is correctly drawn up and complies with the law, then it explains to which body and on what specific grounds to file a complaint. Federal, state, and local laws detail this procedure, and the decision of the general meeting of owners approves the final choice of tenants.

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What to complain about?

Most often, the inhabitants of the house complain about:

  1. inadequate level or frequency of housing and communal services (HCS);
  2. inadequate preparation of the house for the supply of housing and communal services, mainly on the eve of the heating season;
  3. failure to provide the required interim or final report or inadequate reporting by the management company;
  4. procedural violations in holding a meeting of owners or not holding such a meeting;
  5. non-fulfilment of other conditions of the apartment building management agreement.

How to make and file a complaint?

The management company is obliged to professionally perform its functions and provide services of adequate quality, as well as to report for the work done to those who pay for its work. Consequently, the tenants of an apartment building have the full and legal right to any evasion from performing work to higher authorities. For example:

  • the entrance needs cosmetic or major repairs;
  • broken elevator or garbage chute;
  • apartments are poorly heated, or heating is completely absent;
  • knocked out or burnt out light bulbs in the entrances, including the stairwell.

You can find out to whom to complain about housing and communal services, and how exactly, by carefully studying the details of the legislation and understanding the general rules for writing a complaint.

Complaint Form– free, written by hand or on a computer. Be sure to indicate the addressee, that is, the specific state body where the appeal is sent. You should fill in the name, patronymic, surname of the applicant, his contact details: telephone for communication - home and mobile, e-mail, return postal address where the answer should be sent. It is recommended to indicate the address of registration of the complainant or his representative or a PO box.

Directly in the text of the appeal, violations of the management company are listed, specific terms and duration of improper actions, the exact address of the house, entrance, floor and apartment are indicated. It is advisable to provide links to regulations where violations are named: the Code of Administrative Offenses (CAO), the Housing Code, Sanitary Rules and Regulations (SanPin), Decrees of the city government, federal laws and other legislative acts. Mention the violation of a specific article and clause of the contract with the management company.

The appeal must be presented in a clear and understandable language, legible handwriting and not allowing ambiguous interpretation of phrases. If necessary, additional documents are attached: photos of violations, contracts, reports or other documentary evidence of the company's illegal actions.

Claims may end with a request to fulfill any requirement to the extent necessary and within a time period clearly indicated by law. The essence of the complaint is certified by the signature of the applicant and its transcript, the date is affixed. When submitting a collective appeal, information about each tenant is indicated.

Complaints to the management company and to other government agencies should be written in duplicate. The first must be accepted at the office of the organization and assigned an incoming number with a date. The second copy is also stamped with the number and date, and is given to the applicant. Be sure to give an explanation of when and how the answer will be given. The period starts from the date of filing the application and, according to the general rule of appeals to the state body, is no more than 30 days. Shorter terms are also envisaged - on the basis of Federal Law "On Protection of Consumer Rights" a response to a claim against the management company must be received within 10 days.

Both complaints must contain the signature of the employee who accepted him and his position. These formal requirements certify the fact of applying to the appropriate authority. If it is not possible to file a complaint in person, it must be sent by registered mail with acknowledgment of receipt.

Filing a complaint against the management company with higher authorities

If the complaint sent to the management company remained unanswered or the answer did not satisfy the residents, then the question of where to complain about housing and communal services has several answers. According to the procedural rules, any actions may be appealed with the participation of higher organizations, namely the housing inspectorate, Rospotrebnadzor, and the prosecutor's office. After the mandatory out-of-court procedure, the statement of claim is sent to the judicial authorities.

Contacting the Housing Authority

You can find the contacts of the housing inspectorate for your region on the Internet. For example, here is the website of the State Housing Inspectorate of the city of Moscow - https://www.mos.ru/mgi/

When contacting the housing inspectorate, you should know that it, as a state body, oversees:

  • proper implementation of the rules for the operation of housing;
  • compliance with standards and norms for the use of housing;
  • compliance with the deadlines and quality of preparation for the heating season;
  • fulfillment of standards for the receipt of utilities by residents;
  • the legitimacy and implementation of the norms of legislative acts when convening a general meeting of homeowners, the direct choice of a managing organization;
  • compliance with the management company regulations.

The work of the housing inspection is aimed at protecting the rights of apartment owners and preserving their homes. She is obliged to check how the management company performs its functions, and if violations are found, it will indicate the need to eliminate them. Approximate terms for fulfilling such an order are one month. If violators are identified, the inspection has the right to bring the perpetrators to administrative punishment.



An example of a complaint to the housing inspectorate
(click to enlarge)

In addition to the standard complaint procedure, on the websites of the regional housing inspectorate, you can use the service for online contacting the supervisory authority.

Contacting Rospotrebnadzor

Complaints to Rospotrebnadzor regarding managing organizations are received in the following cases:

  • non-compliance of the agreement between the management company and the tenants with the norms of the Federal Law "On Protection of Consumer Rights";
  • violation of the rights of residents to provide complete and reliable information about the housing and communal services provided;
  • the need to check financial statements, including documents confirming payments, for compliance with their reality;
  • establishing the need and justification for changing tariffs and fees for housing and communal services.

When contacting Rospotrebnadzor, it is listed which authorities the residents have already applied to, and talks about the results of filing complaints. If violations are detected, Rospotrebnadzor is obliged to take the necessary measures to eliminate violations, after the inspection, sanctions against violators are possible.

The application can be submitted both in person and by filling out an online form on the website of the state body.

Appeal to the prosecutor's office

You can also find the prosecutor's office of your region on the Internet. Here is the website of the Moscow Prosecutor's Office - http://www.mosproc.ru/

The prosecutor's office takes measures to identify violations of:

  • intentional or unintentional misappropriation of funds, expressed in economic crimes: robbery, fraud, misappropriation, embezzlement;
  • inaction or illegal actions of supervisory or regulatory authorities.

The prosecutor's office is checking and investigating all the circumstances of the case. Based on its results, it will be possible to bring violators up to criminal liability.

Going to court

Having found out for what reasons and to whom to complain about the management company, you can contact the judicial authorities. Procedural rules allow tenants to write a statement of claim after a pre-trial settlement of the issue or an unsatisfactory result of the check. The court will consider the appeal if the case concerns material claims, and it is necessary to clarify the amount of compensation for damage caused to residents or property of the owners. For example, a dilapidated tree that was not cut down in time or a poorly fixed pole fell on a car, poorly removed snow or an ice-covered path near the house caused injuries to residents.

According to civil law Article 28 of the Code of Civil Procedure (CPC RF)- the statement of claim is filed at the location of the managing organization, unless a different jurisdiction has been determined by the contract. Requirements for the content of the claim are listed in article 131 of the Code of Civil Procedure of the Russian Federation, according to which it should contain:

  • the name and full details of the court, the plaintiff and the defendant, including their location;
  • the essence of the stated requirements - a description of the violation of the rights or interests of the plaintiff;
  • evidence of the substantiation of the statement of claim and the circumstances of the case;
  • monetary claims and their justification;
  • listing the state bodies to which the plaintiff applied in the course of pre-trial settlement;
  • required additional documents and their listing.

The claim must be accepted for proceedings five days after filing or returned to the applicant with a requirement to eliminate violations during its filing. The execution of court decisions occurs either voluntarily or with the participation of bailiffs.


    When a management company assumes obligations to manage an apartment building, this means that it must provide the most favorable. Safe and comfortable conditions for living in this house for all tenants without exception. The management company also ensures the correct maintenance of all property good, which belongs on a general basis to all residents and the HOA itself. Everything sounds good only on paper, but when it comes to the practice and proper fulfillment by the company of its obligations prescribed by the contract, it turns out that the enthusiasm of the performers disappears somewhere, simply disappears. To prevent this from happening in your partnership, it is necessary to indicate a clause in the concluded agreement for the maintenance of an apartment building, which will clearly state how the activities of the HOA and by whom will be controlled and verified. It should also clearly indicate what punishment or sanctions will be taken against the board if it does not fulfill its obligations or does not comply with the contract in a manner.
    Let us first consider what is "control over the activities of the management company" and how it is carried out. Control can include both measures that contribute to the proper execution and provision of services to residents, as well as verification activities, monitoring and checking for compliance with the state and performance of communal facilities. The activities of control over managing organizations can be carried out by various individuals or companies. For example, the owners of the premises themselves can control their HOA. It is possible to attract an audit company, engineering specialists and specialists of other profiles for these purposes. In some cases, according to the current legislation, self-government bodies and state authorized persons may be controlling structures.
    If any violations are found in the activities of the HOA, the controlling organization must reflect them in the relevant documents. For their part, the owners of the premises should not silently observe what is happening in their house and indifferently agree with all the events taking place. Each owner of the premises has the full right to make demands, express wishes and his own opinion about this or that event in the house. All expressed wishes are necessarily recorded, as well as complaints from residents and statements. After a complaint or application is accepted, it should not only be executed, but the entire process of its implementation should be monitored, and properly. Services that are provided by utility companies with which the HOA enters into contracts should also be subject to control.
    For each owner, any information that may relate to the activities of the HOA should be available and open, partnerships of owners are created on a voluntary basis, everything is done in order to make it good for the residents themselves, so they must understand and see, constantly making sure that the HOA operates precisely in the interests of the residents. The contract should immediately indicate the services that the HOA will provide. Changing the contract is almost impossible, so you need to think through all the points right away. which should be in the contract. Otherwise, it is then quite difficult to demand from any organizations participating in the management of an apartment building to fulfill what is not provided for in the contract.
    The control of the activities of communal and management organizations is necessarily regulated by the legislation of the state. This is the most important Law on the Protection of Consumer Rights, on the basis of which both the punishment for non-performance of the service and its proper quality are determined.
    The owner in this case is the most common consumer of utilities and other services related to the management of the house. Therefore, he can independently control the quality of work and make claims if the quality does not correspond, in the opinion of the owner, to the proper level.
    Control is an important and necessary measure. No matter how respectable the company that manages the house looks, the well-being of all residents in the house depends on its activities, so you should not be lazy and carefully think through each clause of the contract when drawing up and signing it. The comfort and safety of the whole house depends on the vigilance of the residents themselves and the competent authorities.

    There are many fundamental problems in Russia that are stereotypes. When talking about our country, they immediately notice a couple of main problems - these are unsatisfactory roads, low wages, as well as constant problems with housing. In fact, not everything is so terrible everywhere, because problems with roads and money are mostly being solved, and in general, people have not complained lately. But, unfortunately, the problem with housing still remains and it is impossible to get rid of it.

    And it consists in the following: in the country, the housing and communal services are responsible for each individual apartment building, which, in turn, completely monitors the house, as well as the territory adjacent to it, and performs repairs in cases where it is necessary. Simply put, housing and communal services ensure the functioning of houses and make people feel comfortable living in these same buildings. For their activities, these organizations receive a certain amount of money.

    But not everything is so transparent, not every one of them is so honest with the residents of apartment buildings. It often happens that the management organization simply becomes impudent and begins to steal money from the residents, in the truest sense of the word, although many may not even suspect anything. That is why there is a body standing above, which oversees management companies.

    Organization of regulatory bodies

    In order to understand how to check the management company, you need to understand what rights the tenants have in general and what public authorities should do this. In total, there are three levels of organization that checks the management companies of the authorities: local, regional, and also federal, all of them have their own characteristics and are needed for a specific purpose.

    Federal level

    Far from the main level, among those who control the work of management companies. This method is not the main one, while they only issue some instructions, instructions on how to manage housing, introduce only some principles and features, and this level consists of several state parts:

    • FAS Russia (Federal Antimonopoly Service of Russia) - the part that controls tariffs in the areas of water and heat supply and determines the maximum possible cost of payments from which housing and communal services should be repelled.
    • Ministry of Construction of Russia - which determines the drawings and schemes for heating, as well as water supply for houses.
    • Ministry of Energy of Russia - which determines the quality of services provided by housing and communal services. Describes their laws, regulations, permits and in general the whole concept of management companies, and also performs a check on the accounting of the economic part (Payment for heat and water).

    Regional level

    The very level that performs in itself control over management companies. Checks how orders from above, laws and guidelines are being fulfilled. Management companies in this case are subject to a special body - state housing supervision, which performs all kinds of checks on the following parameters:

    • How well is the maintenance and care of housing premises.
    • Tariffs and fees for various services provided by the management company.
    • Carrying out redevelopment of buildings according to certain standards.
    • Transfer from the status of residential to the status of non-residential and vice versa of various premises.
    • Formation of funds for the repair of housing.

    In cases of detection of violations, the body can stop and eliminate them at the expense of the management company that allowed them. It is also worth noting that, guided by the norms of SanPiN, this part also monitors the safety and quality properties of the services provided: water quality, its composition, both chemical, biological and radiological. In addition, the noise level, humidity and ventilation quality are checked.

    Municipal level

    Most often, this is an organization attached to a city organization that checks management companies. These bodies also have responsibilities that must be carried out at the regional level. All of these checks should be scheduled once a year. In cases where there are complaints from residents, unscheduled inspections are also carried out. Based on the results, an act must be drawn up with a conclusion on the verification of the management company. Most often, such a check of the management company is effective.

    Residents in the form of a supervisory body

    Residents can also act as a body that controls the housing and communal services management company, since an agreement has been concluded with them for the provision of certain services. That is why tenants can request an audit to be carried out in relation to the quality of these same utility services.

    Residents can request full reporting for 1 - 2 years, on the basis of which it will be clear how honestly the management organization keeps records. If something does not converge, then the tenants can apply to the court or to the supervisory authority. It is important to note that round robin will speed up this process. The more residents join, the faster the issue will be resolved. If the court confirms illegal actions, then all fees will be reimbursed to the tenants.

    Audit checks

    The audit check consists in checking the transparency of the housing and communal services management company, it is carried out according to some criteria, according to which the conclusion of the audit is made. The correctness of the execution of all papers, declarations and so on is checked. This is done by a special person called an audit. In conclusion, the audit provides recommendations for improving the work of housing and communal services.

    Checking the housing and communal services management for honesty in three stages:

    Regulatory authorities in the housing and communal services sector are sometimes not honest, so you have to carry out the check in such a way that it is really fast, minimally costly both in terms of time and resources, and, accordingly, has the maximum return.

    First stage: Gathering information

    In order to check management companies, you need to be able to study the documentation and be quite patient and attentive in this regard. At the management company, collect all the necessary package, which specifies the tariffing of all services provided by the company. On behalf of the owners, write a statement with which to request calculations. You need to get as many papers as possible.

    Second stage: Checking calculations and work performed

    Check the correctness of the organization's calculations, as well as the justification for which the payment for services was made. It is also desirable to check whether these services have really been performed in full, as well as their quality.

    If it is not possible to perform recalculations on your own in order to check them correctly, then you should turn to professionals for help. Such expenses, as a rule, most often pay off, but it is worth remembering that you need to start this action in cases where there really is a suspicion of dishonesty of the Criminal Code.

    Third stage: Final

    This, in fact, ends the supervision in the housing and communal services sector. If in the conclusion the managing organization is still unclean, then further - go to court, and also warn the tenants that they will have to write a complaint to the Criminal Code.

    Preparation and filing of complaints against the management company

    In order to carry out an audit of the financial and economic activities of the management company, the authorities most often have to file a complaint, which is then filed with the court, prosecutor's office, inspection or other state part that deals with this.

    Drafting a complaint

    Before contacting the regulatory authority, you need to try to get an answer from the Criminal Code itself, if the answer does not suit you or it does not exist at all, then you can proceed to filing a complaint. This is done according to the samples of filing complaints against the Criminal Code.

    Complaint to the Housing Authority

    The work of this state part is aimed at protecting consumers, that is, residents, but do not forget that it only deals with a certain part of the possible problems, this was described above. Otherwise, you will have to contact another government agency.

    Complaint to the prosecutor

    The prosecutor's office is not the one who controls the work of housing and communal services management companies, but still in cases of illegal actions, but it can do the job if the violations are related to money circulation. Based on the results of the case, it will be possible to bring the organization to criminal liability for committing illegal actions.

    Complaint to court

    When the authorities that control the operation of housing and communal services management companies cannot cope, it is possible to turn to a judge and resolve conflicts and issues related to the Criminal Code and in court. This requires more time and effort, but is more practical than other methods.

    Complaint to Rospotrebnadzor

    This body, again, does not apply to those who control the activities of management companies, but at the same time, when the rights and laws “On the Protection of Consumer Rights” are violated, in cases where services are not provided in full, or not provided at all.

    Control over the activities of management companies (MCs) in the housing and communal services sector is carried out both at the federal level and by the forces of local governments. Certain measures can be taken by the residents of houses served by these organizations themselves.

    The legislative framework

    Regional supervision in the housing and utilities sector is regulated by local regulations (regional and municipal), Article 20 of the LCD, Government Decree No. 493, Federal Law No. 131-FZ, Federal Law No. 210.

    The listed legislative acts describe in detail the powers of each body, indicate those areas of activity that state and municipal institutions are obliged to control.

    Yes, Art. 20 of the LCD regulates the general goals and principles of state, municipal and public housing control, in Art. 13 of the LCD describes the powers of regional public authorities, Art. 196 of the LCD determines the procedure for conducting license control of management companies.

    Federal Law No. 131 describes the powers of municipal authorities, including regulatory authorities in the housing sector.

    The Code of Administrative Offenses contains information on preventive measures taken in relation to managing organizations that perform their duties in bad faith.

    Organs

    There are three levels of housing control: federal, regional, municipal.

    Federal level

    Federal supervision is not the main way to control the Criminal Code, the central state bodies are responsible for the formation of general principles for housing management and issue guidelines.

    Who controls the work of management companies at the federal level?

    This includes:

    • Ministry of construction of the Russian Federation. This ministry determines the procedure for approving standards for public services, the procedure for the provision of these services and the criteria for their quality. The Ministry of Construction provides clarifications on the content of Government Decree No. 493 (“Rules for the provision of public services ...”) and on the practical implementation of its provisions. The body regulates the economic aspects of accounting for heat and water.
    • Ministry of Energy of the Russian Federation. Determines the schemes and standards for heat supply to houses.
    • Federal Antimonopoly Service. It determines the principles of pricing in the areas of heat and water supply, the maximum levels of tariffs, and regulates the monitoring of citizens' payments for utilities. Previously, the Federal Tariff Service dealt with these issues, but in 2015 it was abolished.

    Regional level

    Direct control over the practical implementation of the standards and guidelines of federal ministries is carried out by regional bodies and municipalities.

    At the regional level, management companies are subordinate to:

    1) Goszhilnadzor (housing inspection). The main function of the body is to conduct inspections of the implementation of the Criminal Code and citizens of the requirements of the law. Checks are carried out according to such parameters as:

    • maintenance of residential premises;
    • carrying out redevelopment and reconstruction;
    • maintenance and repair of common property in MKD;
    • the amount of payment for the maintenance of residential premises;
    • transfer of premises from non-residential status to residential status and vice versa;
    • provision of utility services, determination of their payment and methods of its payment;
    • formation of repair funds.

    Goszhilnadzor is authorized to prevent and eliminate violations in these areas.

    The Housing Inspectorate does not exercise direct housing supervision over organizations licensed to manage buildings. Instead, it exercises licensing control (Article 196 of the LC), which involves checking the compliance of the activities of the Criminal Code with the conditions for obtaining and maintaining a license.

    2) the Tariff Committee. Depending on the region, its functions can be performed by different organizations: the REC, the Ministry of Energy, etc. The Committee determines the tariffs for heat supply, electricity, gas supply and water supply, monitors their application. The activities of the body are controlled by the Federal Law No. 210 “On the regulation of tariffs ...”.

    3) Regional offices of Rospotrebnadzor. Guided by SanPiNs, this organization monitors the quality and safety of public services, including:

    • checks the chemical, biological, radiological composition of water;
    • controls the level of noise generated by the operation of ventilation systems, elevators, heating units and other devices;
    • monitors the implementation of disinfection and disinfestation measures;
    • checks indicators of humidity, lighting, ventilation in residential premises.

    In accordance with the Code of Administrative Offenses, Rospotrebnadzor prosecutes management companies that violate the requirements of sanitary standards.

    local level

    Separate duties are imposed on municipal bodies, which are carried out by the regional authorities.

    Supervisory authorities in the field of housing and communal services at the local level can:

    • check residential premises for compliance with the norms of their use and maintenance;
    • monitor the use of common property in apartment buildings;
    • check utilities for their compliance with established standards;
    • monitor compliance with the requirements for making payments for repairs and utility bills.

    Local self-government bodies are also authorized to carry out license control of the UK.

    In most cases, at the local level, the work of management companies is controlled by the Housing and Communal Services Department under the city administration.

    The procedure for conducting inspections is established by municipal legal acts.

    Scheduled inspections by regional and municipal authorities are carried out once a year, unscheduled inspections are carried out upon receipt of complaints from residents, in case of violations of the rights of consumers of public services, in case of harm to human health or the environment, as well as in case of a threat of such harm.

    Based on the results of the audit, an act of verification of the management company is drawn up.

    Resident control

    Management companies act on the basis of an agreement with tenants of a serviced apartment building, who have the right to request a verification of the conscientiousness of fulfilling its conditions. To do this, homeowners must write an application. Collective statements are processed faster and have greater force.

    In the application, tenants must indicate their personal data and request a list of tariffs and their sizes from the Criminal Code. The document is drawn up in two copies.

    The data provided is analyzed and correlated with the quality and quantity of services provided. For a detailed analysis, you can use the help of experts.

    Reporting must be required not only for the current year, but also for the previous 1-2 years (for example, for 2019, 2018 and 2017).

    If a discrepancy between the size of the tariffs and the quality of the services provided is found, then the owners receive grounds for filing a lawsuit, they can also file a collective complaint against the Criminal Code, which is sent to the supervisory authority. Both options have one outcome: the Criminal Code will be checked, and illegal fees will be reimbursed to residents if the fact of their existence is proven.

    You can check the licensing of an organization on the State Services website (dom.gosuslugi.ru) by searching for the company name in the license register.

    Audit checks

    An audit of management companies in the housing and communal services sector makes it possible to make the work of the organization more transparent and optimize the maintenance of financial records. The audit check of the management company is carried out according to the following criteria:

    • compliance of financial documentation with the actual costs of the company;
    • the correctness of the execution of documents, the completeness and reliability of the information presented in them;
    • efficiency of economic activity (correctness of targeted spending of funds, etc.).

    Based on the results of the analysis, the auditor can give recommendations on improving the work of the Criminal Code, on improving the workflow, on optimizing costs (including tax).

    During the audit, attention is drawn to the following documents:

    • estimates that provide information on the costs of operating the housing stock;
    • public service reporting on funds collected from residents;
    • service reporting with the involvement of third-party services;

    An audit of the management company with an analysis of these documents makes it possible to identify what percentage of the money invested by tenants goes to housing maintenance, and what part of the funds is spent inefficiently.

    findings

    So, who are the management companies reporting to?

    Management companies are controlled at all levels: both by central authorities and ordinary homeowners. Federal ministries are responsible for the formation of the theoretical and regulatory framework governing the activities of management companies, regional and municipal authorities carry out regular checks on the compliance of organizations with established standards, and residents can check the management company by analyzing its financial records.

    Where to file a complaint about the quality of housing and communal services?

    Where to file a complaint about the quality of housing and communal services. These questions will be answered by a specialist of the Regional Energy Commission of the Sverdlovsk Region.

    What appeals are received by the REC of the Sverdlovsk region?

    The number of letters and phone calls about the work of housing and communal services enterprises received by the Regional Energy Commission of the Sverdlovsk Region per year is in the thousands. A significant part of them are appeals of citizens. Some issues are directly related to the activities of the Commission, others, in fact, should be sent to other departments, as not falling within the competence of the REC of the Sverdlovsk region.

    Most often, residents are concerned about problems related to the quality of public services provided, the sanitary and epidemiological state of the housing stock, and the validity of calculating the amount of rent for an apartment.

    However, one cannot agree with the statement that the provision of answers by the executors is “delayed”.

    The current legislation obliges public authorities to provide a response to any citizen's appeal within a month. In the REC of the Sverdlovsk region, this requirement is strictly observed. At the same time, not a single ministry or department has the right to provide official clarifications on issues that are not within its competence.

    Explain, please, by what signs can an ordinary citizen understand whether he has addressed his question there or not?

    For official clarifications of legal acts, one should apply directly to the state or municipal authority that issued the legal act of interest. For example, the Regional Energy Commission of the Sverdlovsk Region can only comment on resolutions adopted by the Commission. On matters not within the jurisdiction of the Commission, we can only express our private opinion, but it cannot be regarded as an official interpretation of the law.

    Unfortunately, appeals received by the REC of the Sverdlovsk region often have to be sent to the authorities directly authorized to resolve this or that issue. As you understand, it takes some time to study the identified problem and all transfers by departmental affiliation. At least three or four days are lost as a result, citizens are waiting. From our point of view, the reason lies in the fact that, when asking questions to public authorities, the applicants do not always clearly understand where exactly they should apply.

    For many, housing and communal services are inseparable concepts, and, therefore, someone should be responsible for them ...

    In reality, this is not so. When it comes to the services provided by housing and communal services, you need to understand that they can be conditionally divided into two categories - housing and utilities. What do utilities include? Electricity supply, gas supply, hot and cold water supply, sewerage, heating. Housing services are the maintenance and repair of housing and common property.

    :
    [continuation]
    Now let's try to determine who is in charge of solving a particular problem.

    Where to turn if we are talking, for example, about the poor technical condition of the housing stock or violation of the rules for using residential premises? These issues are within the competence of the State Housing Inspectorate.

    One of the most frequent questions from citizens is the question of the structure and correctness of the charge for the maintenance of housing.

    In accordance with the current legislation, the approval of the amount of payment to citizens for housing is within the competence of homeowners (HOA, housing cooperative ...) or local governments. Therefore, on issues related to payment for housing services, it is advisable for citizens to contact the management bodies of the HOA, housing cooperative, or the administration of the municipality at the place of residence, etc.

    Do you doubt the correctness of the recalculation made, for example, for interruptions in the supply of hot water? Contact the service provider represented by the management company, HOA, housing cooperative, etc.

    What issues is the Regional Energy Commission of the Sverdlovsk Region responsible for?

    We are responsible for tariffs and regulations. Today, many people confuse the concepts of "tariff" and "payment for utilities". Meanwhile, the difference between them is significant. What is a tariff? This is the cost of one unit of utility service - 1 kWh. electricity, 1 Gcal. thermal energy, 1 cubic meter of natural gas or water, 1 kilogram of liquefied gas. By setting these values ​​for housing and communal services, the REC of the Sverdlovsk Region bears full responsibility for the economic feasibility of each of them. Tariffs for utilities are set, as a rule, once a year, and are not subject to change, except as expressly provided for by federal law.

    As for the payment for utilities, it consists of two components - the tariff multiplied by the volume of the consumed service, and can change every month.

    Thus, when there are complaints about the correctness of calculating utility bills for a certain period of time, one should contact the Rospotrebnadzor authorities, since this is again a matter of protecting consumer rights. But if the tariffs presented for payment do not correspond to the values ​​​​approved in the prescribed manner - contact the REC of the Sverdlovsk Region.

    In addition, the Regional Energy Commission of the Sverdlovsk Region sets a limit index for changes in the amount of citizens' payments for utilities. If this index is violated on the territory of the municipality, citizens have the right to turn to us.

    And if the answers of the above departments of the citizen are still not satisfied?

    The problem that has arisen can be resolved at the discretion of citizens in the prosecutor's office or in court. After studying the case and confirming the facts of violation of the law, the prosecutor's office has the right to issue a protest or send a presentation to the persons who committed this or that violation.

    As for the court, following the results of the trial, the defendant (for example, a management company, HOA, housing cooperative, etc.) may be charged with a sum of money unlawfully accrued for payment for housing and communal services.