Functions of the housing inspection: what it does, what issues it solves

Law on State Housing Inspection in the Russian Federation, definition

GZHI was created in 1994 by Government Decree No. 1086 as a structural unit of the Ministry of Construction.

The need for its creation was dictated by the following reasons:

a new payment system for housing and housing and communal services has been introduced;
it was necessary to ensure state control over the housing stock in the conditions of mass privatization and maintain it.

The State Housing Inspectorate has executive power and control and supervisory functions in the field of housing and communal services.

Its powers extend to government bodies, legal entities, individual entrepreneurs and individuals. That is, all those who come into contact with residential and non-residential premises, and on whose activities their maintenance and safety depend.

General concept of the State Housing Inspectorate

First of all, it is necessary to define the concept of a housing inspection, its tasks, rights and responsibilities. The housing inspection is understood as a government body empowered to carry out housing supervision.

For each territorial housing inspection department, these powers extend to the corresponding subject of the federation.

For example, the inspectorate for the Novosibirsk region is engaged in supervision exclusively in the region. Activities are being built in a similar way in other regions of the country.

The legislative framework on which the inspection operates is quite extensive. The following should be highlighted as paramount:

Constitution of the Russian Federation;
Civil Code;
Housing Code;
Code of Administrative Offences.

In addition, a significant part of municipal and city inspections consists of departmental regulations and acts.

Why is it needed, what issues does it solve?

This inspection is necessary to ensure the safety of the housing stock and to maintain it in proper condition. She resolves issues related to major repairs. Its goal is to prevent premature dilapidation and destruction, monitor the quality of public services, and create comfortable living conditions for citizens.

Functions of the housing inspection in housing and communal services matters

The functions of the housing inspectorate are extensive. She oversees:

the condition of the local area – the presence of sidewalks and hard surfaces;
activities of organizations managing apartment buildings and common property (MC, HOA, housing cooperative);
the general condition of residential buildings (including monitoring the appearance of cracks on walls and ceilings, their size, the serviceability of windows and doors in the entrances, the presence of exposed fittings and protruding electrical wires);
compliance with fire safety;
sanitary and hygienic condition of apartment buildings - cleaning of common premises, clearing the local area of snow, garbage removal, landscaping and landscaping of the yard;
the state of general building utilities;
carrying out energy saving measures.

GZHI issues licenses to management companies and has the right to sue for its deprivation.

Rights and obligations of the Civil Housing Inspectorate

The rights and responsibilities of the state housing inspectorate also flow from its functions. According to paragraph 5 of Article 20 of the Housing Code of the Russian Federation, the housing inspector has the right:

conduct scheduled and unscheduled inspections of the activities of the management company;
request from government agencies and legal entities information necessary to conduct inspections;
visit apartment buildings and conduct an investigation or examination in them necessary to verify compliance with legislative standards for the operation of the housing stock;
check documentation, including minutes of general meetings of residents of apartment buildings, regarding the competence of creating an HOA, electing a chairman, choosing a management company;
based on the results of inspections, issue orders to eliminate identified violations, or protocols of administrative violations;
send materials to law enforcement agencies to initiate a criminal case.

He also responds to citizens' requests.

What other rights does GZHI have?

If there are compelling reasons, the official may sue to protect the rights of home owners, to deprive the management company of its license, or to liquidate the HOA or other consumer cooperative.

Responsibilities include the development of the housing and communal services sector as a whole, the creation of a competitive environment, the involvement of citizens in participating in the management of the housing stock, ensuring its safety, repair and improvement.

Powers of the housing inspection in relation to the resource supply organization

The housing inspectorate also has certain powers in relation to the resource supply organization.

She has the right to demand that the utility service provider fulfill the obligations stipulated in the contract concluded with the management company - to supply electricity, heating and water on time and with high quality.

Disputes often arise about who is to blame if the water supplied to apartments is dirty or at too low a temperature. Management companies and suppliers have their own opinions on this.

It is necessary to distribute the area of responsibility. If the problem is in the central networks, then the supplier must fix the problem. If the cause is identified after the watershed point or inside the apartment building, then the management company is obliged to answer.

GZHI also has the right to control the increase in prices for utility services. She has the right to contact the competent authorities if it turns out that the fee is too high or is being increased without good reason.

Functions of the housing inspection

Many citizens do not even know what issues the housing inspection resolves, but this can help many residents of apartment buildings solve many problems regarding the improvement of their home and local area.

You can contact this organization with the following problems, such as:

dissatisfaction with the work of housing and communal services;
declaring the house unfit for habitation;
improving the living conditions of citizens;
wasteful use of resources;
irrational use of communal equipment;
use of residential premises or local area for purposes other than their intended purpose;
installation of electricity, gas, etc. meters;
carrying out redevelopment, renovation of apartments, etc.

Powers of the housing inspection in relation to management companies:

this authority monitors the condition of sidewalks and road surfaces near apartment buildings;
controls the work of management companies servicing apartment buildings;
receives complaints and statements from citizens who are not satisfied with the work of the housing and communal services;
exercises control over the expenditure of funds for housing and communal services repairs;
monitors the general condition of the local area, utilities, technical condition of the house, monitors compliance with fire safety rules and sanitary standards;
Housing inspection employees have the right to conduct examinations, surveys, check the legality of the creation of a management company, homeowners’ association, check the legality of the election of officials of the above-mentioned companies, etc.

In their work, housing inspection employees adhere to the following laws: the Constitution of the Russian Federation, the Code of Administrative Offenses, the norms of the Civil and Housing Codes of the Russian Federation.

Regulations on the state housing inspection

Currently, the main document regulating the activities of the state housing inspection is Decree of the Government of the Russian Federation No. 493 of 2013 “On State Housing Supervision”.

By this Resolution, the concept of “control”, as the main function of the organization, was replaced by “supervision”.

Changes to the Housing Code, the “Law on the Protection of the Rights of Legal Entities”, and other Government Resolutions made for the period 1994-2013 were also taken into account.

Regulations on state housing inspection of the city of Moscow

Regulation No. 493 has federal significance. Regions adopt their own regulations on the creation and functioning of local GZHI bodies.

Decree of the Moscow Government of 2011 No. 336-PP established the legal basis for the functioning of the Moscow Housing Inspectorate.

The main areas of work of the Moscow Housing Inspectorate:

licensing of activities for managing apartment buildings in the city of Moscow and the Moscow region;
approval of redevelopment of residential premises;
implementation of regional supervision (over the activities of housing inspections of the administrative districts of the capital).

The official website of the Moscow Housing Inspectorate contains addresses of places of application, the rating of the Criminal Code, forms for submitting applications electronically and in form, and regulatory documents in the housing and communal services sector.

Functions and powers of the State Property Committee

The functions of the housing inspection of the Russian Federation are extensive. The Housing Inspectorate supervises various objects and subjects:

Monitoring the condition of local areas, sidewalks, coverings.
Monitoring the work of the involved organizations that manage apartment buildings (apartment buildings), common property (management companies, housing cooperatives, housing and communal services, homeowners associations).
Monitoring the condition of houses in management, monitoring signs of destruction, dilapidation, cracks, the amount of destruction and damage, the functioning of doors and windows, the condition of fittings, electrical wiring.
Monitoring compliance with fire safety rules for buildings in the department.
Sanitary and hygienic control of apartment buildings, cleaning, cleaning of the local area, removal of snow and garbage, landscaping, landscaping of the adjacent area.
Monitoring the status of utilities.
Carrying out energy saving measures.
Issuance of licenses to management companies, deprivation of licenses and organization of claims against executive organizations through the court.

From these functions arise the rights and responsibilities of the housing inspection of the Russian Federation:

Conduct scheduled and irregular inspections of the work of the management company.
Make requests from government agencies and legal entities for information regarding the conduct of any inspections.
Conduct inspections of apartment buildings, investigations and examinations that are necessary to verify compliance with legal standards for the operation of housing.
Check documents: minutes of meetings of residents, for the creation of an HOA, election of chairmen, selection of management companies.
Issue instructions regarding the elimination of violations based on the results of inspections, protocols of administrative violations.
Sending materials on initiating criminal cases to law enforcement agencies.

GZHI has a number of powers to protect the rights of owners; it can revoke the license of the management company, liquidate the HOA or consumer cooperative.

Also, the Housing Inspectorate of the Russian Federation is responsible for the development of the housing and communal services industry in the country, the creation of healthy competition, the involvement of citizens in the management of housing funds, ensuring the safety of funds, repairs and all-round improvement.

A number of powers of the state housing inspection apply to resource supply organizations:

Demand the fulfillment of obligations specified in the contract (supply of electricity, water, heating on time and with proper quality).
Resolve disputes in case of non-compliance with contractual obligations (dirty water, low temperature).
Distribute the area of responsibility when establishing the causes of breakdowns and poorly performed work.
Monitor the level of prices for utilities, contact the competent authorities to find out the reasons for inflating prices without reason.

How to complain to a resident. inspection

File a complaint with the resident. inspection can be done in three ways:

Take it personally.
Send by registered mail.
Through the Internet. In this case, you either find the website of the regional public housing estate, the website of the city administration, or use the State Services portal.

Here, for example, is a link to the application form in St. Petersburg: https://letters.gov.spb.ru/reception/form/?agency=fea4967c0f0a428cbeb7d4b1ab4c50ed.

The procedure for filing a complaint through State Services is as follows:

registration;
defining your region;
“feedback” section;
“electronic reception” button.

The period for consideration of a complaint is 15 days (working days).

Complaint to the housing inspection, sample

If you decide to submit your application in person or send it by mail, the procedure will be slightly different.

Firstly , the application can be written “by hand” or printed.

Secondly , the application can be written in free form, or according to a sample that you take from the organization or download on the Internet.

Thirdly , make an application in two copies, on the second you must put a stamp of receipt and date.

And fourthly , you will receive more attention if the complaint is collective.

Any statement consists of three elements - the head of the document, the main part and the conclusion.

In the header you indicate the addressee’s details, that is, the name of the State Property Institution, full name. its manager and address. And below write the full name, addresses and telephone numbers of the applicants.

The main part describes the essence of the problem. You can use your own words, without legal terminology, but without insults and personalization. It is better if specific dates, numbers and names are present.

After this, write the word “please” and indicate what you want to achieve - recalculation for utilities, verification or change of the management company.

The final part consists of the date, signature and its transcript of each applicant.

sample complaint to the housing inspection. ⇐

Powers regarding management companies and HOAs

According to Federal Law No. 294, the activity of managing an apartment building is classified as entrepreneurial. All legal entities, after state registration and tax registration, must notify the Housing Inspectorate of their existence.

The legality of creating a management organization and its structure is being checked. Only after this can the management company or HOA begin its activities.

The powers of the Moscow Housing Inspectorate in relation to management companies and homeowners' associations:

checking the compliance of the adopted charter or amendments made to it with the requirements of current legislation;
checking the legality of the decision made on the selection of a Management Company or the creation of an HOA, the election of members and chairmen.

If illegal actions are detected on the part of the HOA or management company, the Housing Inspectorate sends them a notification and an order demanding that they eliminate the violations and conduct activities in accordance with the legislation of the Russian Federation.

Reasons for refusal to consider a complaint

GZHI employees are required to accept applications from individuals. After all, working with requests is one of the main functional responsibilities. There must be compelling reasons for refusal:

complaints about drafting – unreadable handwriting, lack of applicant’s passport data;
the issues raised are not within the scope of the inspection's mandate. These may be some economic aspects of managing a multi-unit building;
the addressee is other government bodies;
the necessary measures have already been taken regarding this fact, and an official response has been provided.

If none of the above applies to your application, but they still refused to accept it, then you have the right to file a complaint with the housing inspector.

What issues does it solve and what rights does it have?

In order to successfully perform its functions, the inspectorate is endowed with appropriate rights, which should not be confused with powers. Namely:

conducts inspections of housing facilities;
requests necessary information from legal entities, individual entrepreneurs and citizens;
issues orders for violation of housing legislation requirements;
draws up administrative protocols;
participates in courts as a plaintiff or defendant;
concludes various contracts for the supply of necessary products;
carries out explanatory work among the population.

The population should understand that inspection workers exercise their rights both independently and at the request of the residents themselves. This is most clearly expressed when considering applications and appeals from citizens.

If there are certain rights, the housing inspector also has enough corresponding responsibilities:

proper performance of assigned duties;
consideration of citizens' appeals and complaints in strict accordance with the law;
reception of the population on housing issues;
bearing all types of responsibility for improper performance of one’s powers;
carry out activities related to anti-corruption.

Thus, we have gained a general understanding of the activities of the housing inspection, its tasks and powers, rights and responsibilities. This article is intended to help ordinary citizens who have never encountered the activities of a housing inspection.

It should also be recalled that almost every state housing inspectorate for a specific region, republic or region has a website and a hotline where, if necessary, you can find information of interest.

Watch an overview video about the activities of the state housing inspection:

Fines for public housing estates and management companies

It is very likely that, based on the results of the inspection, representatives of the inspection will identify violations of licensing requirements for managing an apartment building. In this case, they have the right to impose an administrative penalty in the form of a fine. The amount for legal entities reaches 300 thousand rubles.

For example, if cosmetic repairs have not been made to the entrance for many years, then this is a serious violation.

A fine is also imposed if the management company has inflated monthly payments. The fine will be equal to 15% of the excess amount.

It is collected in favor of the owner in the form of a reduction in payments in subsequent months.

Rights and obligations

The housing inspector has the following responsibilities:

Compile a register of housing funds and qualification certificates.
Monitor the opening and maintenance of bank accounts that are formed to accumulate funds for repairs.
Receive payments for utilities and manage these funds.
Maintain a register of both issued and revoked licenses of the management company or homeowners association.
Receive, register and respond to incoming applications.
Resolve the issue of liquidation of the management company, HOA and other cooperatives through the courts.
Draw up an application to the court, as well as other law enforcement agencies, in order to initiate a case if violations were discovered in the rules of construction or use of residential premises, terms of the contract, etc.
Engage in concluding contracts with organizations and individuals for the implementation of any work.

The housing inspection may have special powers, rights and responsibilities, which are established by regulatory documents of the constituent entities of the Russian Federation.

After the repair or reconstruction of the house has been carried out, a commission must be formed that must accept the object. It also includes representatives of housing supervision.

ATTENTION! If violations are detected on the part of utility service providers or late receipt of payments for their use, residents may be subject to a fine.

This issue is also being dealt with by the State Housing Inspectorate. It may also participate in the imposition of sanctions on individuals and legal entities that maintain or repair residential premises improperly.

If this government body has put forward demands to eliminate violations, then it has the right to control this process. If facts of violation have been identified in relation to the housing stock, then the Housing Housing Authority has the right to hold persons accountable. In addition, this structure determines the suitability of the housing stock.

If the housing inspection is inactive - what to do and where to go

If you filed an application with the local housing inspectorate and it was ignored, then you have the right to file a complaint about its inaction with the following authorities:

to a higher level State Housing Institution according to vertical subordination - city, district, regional, regional, federal;
the head of the administration or his deputy;
to the prosecutor's office, which performs control and supervisory functions and has the right to initiate unscheduled inspections in the event of requests from individuals. If the facts specified in the application are confirmed, the prosecutor issues a resolution and time to eliminate them;
the court is the final authority. You should contact here only as a last resort, if appeals to other organizations have not led to the desired result.

Legislation in the field of housing and communal services changes and improves very often. Therefore, if you are unable to independently stop the illegal actions of the organization involved in managing your home, then you should contact a competent lawyer.