If there are problems with the heat supply, they must be addressed without delay, especially in winter. The first thing to determine is the temperature in the apartment. It depends on where to go if there is no heating.
For an emergency solution, call management company, as well as the dispatch service of the service provider. If this method fails to solve the problem, it is worth resorting to more radical methods, which we will discuss in our material.
While the specialist is traveling, you can independently find out the cause. For measurements, you need a regular room thermometer. The measurement error will be high, but only the approximate temperature difference in the rooms needs to be determined. If the temperature is below normal, then you need to understand the reasons and understand how to get rid of the problem.
To determine the approximate temperature values, you need to put your hand on the riser and the register, which is located in the next room. This method is suitable for private houses. If a heating problem occurs in a building with many apartments, then it is necessary to interview the nearest neighbors.
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If the riser is hot, and the heating devices do not please with heat, most likely air has entered the system. In this case, the problem will be solved within a few hours. In addition to gas contamination, the cause may be an imbalance in the system or a failure of the radiator. If the neighbors do not have such problems, then the reason is the condition of the pipes and appliances in the apartment.
If the temperature values are the same, this indicates problems with the supply of thermal energy throughout the house. In this case, you need to check with your neighbors if they have similar problems. Most often, equal temperature indicators confirm the presence of problems in general communications.
Don't expect a quick resolution to the problem. It is better to connect an electric heater, and not wait for the temperature to drop to critical levels. How to choose good heater for the home, read the following.
No later than two hours after the call to the dispatch service, a specialist should arrive. In addition to determining a malfunction in the heat supply system, he is obliged to take readings and record in writing the absence of heating supply.
His duties include drafting the act. This document is drawn up in two identical copies, one is intended for the owner.
According to the law, the management company is responsible for common house property, which does not include heating registers and interior pipes. The owner of the apartment is responsible for their condition. In this case, you will have to make repairs at your own expense.
What is the act for?
The document confirms the poor-quality provision of services, and is the basis for the consumer of thermal energy to apply to the court, supervisory authorities, as well as to receive a recalculation.
For an act to have legal effect, the following requirements must be met:
- Avoid artificial increase in temperature in the investigated apartment.
- Call the composition of the commission.
- Alert the housing service representative and service provider.
Directly on the day the act is drawn up, all heating devices must be turned off. When drawing up the document, the absence of heating services is recorded, therefore, factors affecting measurements should be excluded.
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The commission must measure the temperature of the room and compare it with the standards, taking into account temperature fluctuations environment. The air in the room must be warmed up to 18 degrees Celsius. Minor deviations in the range of 2 degrees up or down are allowed.
Heat supply standards
The text of GOST indicates the norms and permissible deviations from it, when heat is supplied to different types premises.
It is necessary to measure the temperature background not only in living rooms. In a latrine separate from the bathroom, the thermometer should not show less than 18 degrees Celsius. On the landing, the temperature should not be much lower than 16 degrees Celsius
During the entire season when heating is supplied, heat must be supplied to consumers uninterruptedly.
Government Decree N 354 establishes the following possible interruptions in the supply of heating to residential buildings:
- The decrease in the temperature regime cannot exceed 24 hours in total per month.
- Decreasing the temperature in the room to 8 -10 degrees should not exceed 4 hours (at a time).
- Reducing the temperature in the room to 10 -12 degrees should not exceed 8 hours (at a time).
- Decreasing the temperature in the room to 13 -16 degrees should not exceed 12 hours (at a time).
If the service provider does not comply with these standards, he is liable to consumers. For each hour of delay in excess of the allowable period specified in the decision, the service fee is reduced by 0.15%.
If there are multiple violations, the supplier may be subject to administrative or criminal liability, depending on the severity of the consequences. You can read more about the parameters of a comfortable microclimate in residential premises.
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If the specialist did not come
The fact that a representative of the heat supply supplier did not appear on a call should not go unnoticed. It is necessary to repeat the call to the dispatch service and report a violation of the procedure for the provision of services. Demand clarification and say about your intention to write complaints to the bodies controlling their activities and higher authorities.
Clarification should be requested on what basis the delay occurs. It is necessary to insist on the immediate dispatch of a specialist to inspect communications and recall his obligation to draw up an act.
It would not be superfluous to record a conversation with the dispatcher, he can not be warned that a recording is being made. These records will serve as evidence in court.
After talking with the dispatcher, you need to dial the number of the chief engineer or director and briefly state the essence of the situation, clearly stating the address and the reason for the accumulated claims. Inform about the lack of response to the application addressed to the dispatch service, mention your intentions to file complaints against the organization with the supervisory authorities.
It is necessary to demand that the problem be fixed in the near future and ensure that a specialist visits to inspect the heating system. It is necessary to mention the preparation of a collective complaint if a problem with the heating supply is present in all residents of the house. In most cases, this will be enough to attract the attention of utilities.
What to do if heating is not given?
After the arrival of a specialist and receipt of the act, it is necessary to make copies of the document. They are needed according to the number of planned calls.
Next, you need to take a sample and prepare the text of the claim. The content should reflect the essence of the problem, summary situations and a proposal to resolve the issue out of court. If health problems occur during the heating shutdown, this fact must be indicated.
Additionally, you can write that in addition to recalculation, payment of legal costs and compensation for moral damage received, you will demand a penalty. Write that you plan to rent an apartment and through the court you will demand compensation for the cost of rent.
It is unprofitable for a private company to bring a dispute to trial. For this reason, claims are often satisfied out of court. Two copies of the claims must be prepared.
Copies of the following documents must be attached to the claim:
- Act on the lack of heating.
- A copy of the service agreement.
- Copies of timely payment receipts utilities.
- Certificate from a medical institution.
The specified package of documents must be sent to the service provider by mail. This must be done by registered mail with notification. When the letter is delivered, the sender will receive a notification that the addressee has received the letter.
If there is no time for mail forwarding, then the documents must be personally brought to the utility provider. It is necessary to come to the reception to the manager and file a claim, talk and come to an agreement
It is important to ensure that both copies of the claim are marked and registered as incoming documentation. This must be done regardless of what agreement has been reached.
Within 2-3 days, a response should be received in writing. If the heating supply is not resumed, you need to proceed to the next step.
Where to write complaints if there is no heating?
No need to wait for the expiration of the three-day period. The heating issue needs to be addressed by everyone accessible ways. One of them is to file administrative complaints with regulatory authorities, including by phone. The first step is to prepare the text of the complaint. They can be sent by mail or online.
Here is a list of organizations to call about heating:
- Territorial department of housing inspection.
- Rospotrebnadzor.
If you file a complaint by mail, you must attach to the application copies of documents that confirm the illegality of the actions of the management company or service provider. It is necessary to attach a copy of the act on the lack of heating and an appeal to the organization, which remained unanswered.
Option number 1 - contacting the housing inspection
Public utility workers are afraid of citizens' appeals to the housing inspection, so before submitting a request for an inspection, call the head of the management company. Offer to reconsider your claim by first calling registration number, perhaps the problem will be solved already at this stage.
If there is no reaction, then it is necessary to write an application to the housing inspectorate according to this sample. It must be supplemented with personal data, write the address of residence, as well as the location of the management company. Complaints must be sent by certified mail
If you send a complaint via the Internet, then first you need to go to the website of the housing inspection, to which the location of the management company belongs.
On the site you need to find a section where citizens' applications are accepted. It is located on the main page. Next, you need to click on the "Appeals of citizens" section and select "Electronic reception" in the list that opens.
On the page that opens, you need to linger and study the rules for submitting an electronic appeal. After reading the rules of submission, you must click on the link under the rules.
This will open a form that you need to fill out.
At the bottom of the form, you must attach the scanned documents, as well as write the text of the appeal. The text cannot exceed 4,000 characters. The size of the attached file cannot exceed 50 MB. Photos can be attached
Be sure to specify the method of receiving a response from the GZhI. The result of the appeal will be sent by e-mail, if indicated in the application. It is possible to receive a response by registered mail, but in this case it will take much longer to wait for the result. On average, it takes 2 to 5 days to process one complaint.
After processing the application, GZhI will check the activities of the management company. If the violations are confirmed, the GZhI can take away the license issued by the management company. Without it, the organization will not be able to continue its activities. .
Option number 2 - a complaint to Rospotrebnadzor
You can write an appeal using the text that was compiled for the complaint to the GZhI. It is necessary to make minor changes, pointing out a violation of consumer rights, since the management company does not fulfill its obligations.
In the text of the claim being made, it is necessary to reflect the request for an audit. Next, attach copies of the documents to the text of the complaint and send it by registered mail.
You can also write to Rospotrebnadzor on its official website or through the public services portal. The complaint process will be shown using the second method. To do this, you need to be registered on the appropriate portal.
You need to go to your personal account and click on the "Catalog of services" tab. From the list that opens, select the section "Authorities". This tab contains the necessary supervisory agency
In the list of services that opens, select the fifth item from the top. After that, there will be a transition to the tab with information about the service, where at the bottom there will be a link to go to the organization's website. On the site you need to find an electronic reception, and then select the territorial department of Rospotrebnadzor. The system will transfer to the desired site where you need to fill out the form.
Option number 3 - a lawsuit
Another effective way force the management company to fulfill its obligations - go to court with an administrative claim. To do this, you need to use the services of a lawyer who has experience in courts with management companies. It is very important to find a specialist who understands housing law.
He needs to show all receipts, documents, requests and records of conversations. Together with a lawyer, it is necessary to draw up a lawsuit in which all claims against the company will be specified. In addition, the text of the document should contain claims for reimbursement of costs incurred by the consumer due to the lack of heating.
Sample text statement of claim as follows. The claim must be accompanied by a list of documents confirming material expenses. If exacerbations occurred during the shutdown period chronic diseases, you must attach a certificate from a medical institution
If problems with heat supply have arisen in an apartment building, then you need to involve neighbors and write a collective statement. The claims of owners and responsible tenants are highly likely to be satisfied by the court. The defendant will be required to comply with the judgment.
Option number 4 - application to the local prosecutor's office
If the situation with heating has not returned to normal, it is necessary to contact the prosecutor's office. In addition to the management company, checks will also be carried out on appeals that have remained unanswered by the supervisory authorities.
You can only apply to the prosecutor's office in person. To do this, you need to find out the address and come with ready-made documents. You need to write an application for an urgent inspection in the management company. Copies of appeals left unanswered must be attached to the application.
Option number 5 - contacting the President's reception
In the absence of a response from the prosecutor's office, you need to write to the president's office. This can be done on the website by filling out an electronic form. After the complaint is received, it will be considered and a decision will be made on the appointment of inspections, sending it to the relevant supervisory authorities.
You can write a collective appeal. To draw up a complaint, you can use an existing sample or write it in any form. You need to attach photographs and copies of supporting documents, this will reduce the time to receive a response.
Conclusions and useful video on the topic
Interview with the head of the GZhI:
The video tells how to return money for lost heat:
The following video briefly shows how temperatures are monitored in residential buildings:
Problems that arise with the supply of heat to residential buildings should be resolved by the management company on a regular basis. If an organization ignores its direct responsibilities, it can be forced.
Consumers of public services rarely take the case to court, although this encourages the management company to comply with its obligations. In addition to reimbursement of expenses, you can ask to check the validity of the accrued rent. If violations are found, then the recalculation will be obliged to be done by a court decision.
Quality information on a topic such as poor heating in the apartment: where to complain, where you can get a sample complaint about the lack of heat in an apartment building, who is to blame for the fact that the batteries are cold, filling out an application for recalculation.
Residents especially annoyed apartment buildings causes the fact that the heating battery in the apartment does not heat well, and you will have to pay for heat.
Actually, not everything is so sad.
There are organizations responsible for the quality of the services provided, and there is a law that protects consumers if these services do not comply with legal standards.
Who is to blame that the apartment is "winter"?
It just so happens that in case of trouble, people always look for someone to blame. When with the onset heating season the long-awaited warmth did not appear, the question becomes urgent, who is responsible for heating in the apartment.
Before finding out, you need to determine why the heating radiator in the apartment does not heat well or the heating radiators are hot and the apartment is cold.
There are several reasons for this:
- When one half of the battery is warm (top) and the other is cold, the reason is either clogging or airiness. If the system is old, it is not surprising that it is clogged with sediment and corrosion. In the summer, heat engineers should carry out preventive cleaning of the system, if this was not the case, then clogging of the batteries and insufficient heating in the apartment lies on the conscience of the utilities. You can remove the airiness yourself by unscrewing the Mayevsky tap or the plugs from the radiator and releasing the air.
- If the tenants of the apartment independently replaced the old heating system on new design and mistakes were made during installation, then the radiators will not warm up strongly enough. In this case, you won’t have to look for an answer on the side who is responsible for the heating batteries in the apartments. He is unequivocally the owner of the apartment.
- When the cause of the cold is the slow movement of the coolant through the system, then the service that supplies heat to the building may be to blame. As a rule, this problem occurs when the circulation of the coolant in the pipes is disturbed due to poor pump performance. Heating engineers are required to check the efficiency of all system nodes, so in this case, a complaint about heating in an apartment will not be superfluous.
The lack of heat in the premises is not always the fault of the organizations that provide it to consumers. Often, residents of apartment buildings secretly install water-heated floor systems or put a locking device on the bypass, which is strictly prohibited. In any case, before writing an application for poor heating in an apartment, it makes sense to invite heating workers to your place so that they identify the cause of the cold. They are just those who are responsible for heating in an apartment building. It is easier for them to detect "illegal" installations from the residents of the house.
Standard battery temperature
Before guessing, having discovered poor heating in an apartment, what to do, you need to know what rights consumers have. Heat norms are approved by law and only after checking with them, it is possible to decide whether there is a discrepancy between them and the services provided.
Only after that go and make complaints about the heating in the apartment or write a complaint about the heating in the apartment (a sample of 2017 will be provided to you by the relevant service).
The approved criteria for heat in residential areas are:
- for corner apartments, the optimum temperature is +20;
- in rooms it should not be lower than +18 degrees;
- in the bathroom - +25.
These figures may vary by region.
The norm is considered to be a decrease in the temperature in the apartment at night to 3 degrees (in the daytime, a drop in indicators by 2 degrees is considered a violation), and if this happens, then a recalculation for heating in the apartment is required. Cold or not at the same time in the room, it does not matter. The consumer is not obliged to pay in full for services that do not meet the approved standards.
The check can be carried out independently using a conventional medical thermometer, but for this you need to fulfill 2 conditions:
- Measurements are taken only interior walls , but the distance from outer wall, if any, it should be at least a meter. The thermometer must be kept one and a half meters from the floor.
- To the results obtained, you need to add 2 degrees.
And only after that think, if there is no heating in the apartment, where to call and who to complain about poor heating in the apartment. There are several examples of complaints about the lack of heating in the apartment, but, as a rule, it is often enough to report the problem to the housing office for a commission to come from there and record the fact that the client is right.
The heating in the apartment does not work, where to complain? Read about it below.
Poor heating in the apartment: where to complain?
Where to complain about the lack of heating in the apartment? Often tenants multi-storey buildings they simply do not know when there is no heating in the apartment where to complain, and they think that they should immediately go to court. This is fundamentally not the right approach.
To file a complaint about poor heating in an apartment, there is also a sequence of actions:
- First, you need to start with your housing office or an organization that provides heating services. To do this, in our time it is absolutely not necessary to go to these institutions and stand in queues there. It is enough to call and file a complaint, writing down the name of the person who received it and the number under which she got into the registration book of applications.
A personal visit to the utility will expedite the complaint process, and service workers can come the same day to record the validity of the complaint. By law, heating network technicians are required to check the cause of the complaint within two days. If they did not appear or considered that the consumer's claims were unfounded, then you can proceed to the next step of action.
- Secondly, the next complaint about poor heating in the apartment (a sample is provided in the office) is submitted to the head of the housing office or the organization supplying heat. You can go further and immediately send your application to the head of the housing and communal department of the district administration.
All applications must be submitted in two copies indicating their number in the registration book, the date of submission, the signature of the person who accepted them and the stamp of the organization.
By law, the service to which the complaint was sent is obliged to respond to it within 30 days. Only after these instances have ignored the statements, and measures to eliminate problems in the heating system have not been taken, can one sue the heat suppliers.
Applying for a recalculation
The question of where to turn if there is no heating in the apartment for recalculation is very relevant, since no one wants to pay for services that were not provided.
In order to pay less, an act must be drawn up on the lack of heating in the apartment (the sample is drawn up by an experienced lawyer in the presence of a commission), confirming that the heat in the apartment does not comply with the accepted GOSTs.
After that:
- A statement is written about the lack of heating in the apartment(a sample can be obtained at the office or on the website of the organization) addressed to the head of the management company.
- Indicate in it the temperature indicators in the street and in the room at the time of the act.
- Note how the data differs from the standards.
- Formulate your claims, which may consist, both in a request to recalculate the payment, and in the requirement to normalize the operation of the heating system in the apartment.
Public utilities often "cunning", arguing that the temperature should be +18 in the entire apartment, without exception, hoping that consumers do not know the standards. That is why it is important to indicate in the application the difference between the norm and the actual temperature in each room.
Based on the foregoing, we can conclude that identifying the perpetrators of the cold in the apartment, as well as obliging them to fix the problems of the heating system at their own expense and recalculate the payment, is quite realistic and one should not give up consumer rights to receive quality services.
> If the apartment has cold batteries, where to contact, call and what to do
In accordance with Russian legislation, when operating the system central heating residential buildings should be provided with the optimal (not lower than the permissible) air temperature in the heated premises.
If in some rooms it is violated temperature regime, the contractor (management company, service organization) is obliged to establish a heating system, install additional heating devices.
The air temperature in the premises of residential buildings during the cold season should not be lower than the values provided for by the standards.
In accordance with the Government Decree Russian Federation dated May 6, 2011 N 354 "On the provision of public services to owners and users of premises in apartment buildings and residential buildings", the air temperature in residential premises should not be lower than +18 degrees Celsius, in corner rooms- not lower than +20 degrees.
Step by step instructions for independent
What should you do if you have cold batteries in your apartment?
You need to start with home service organizations. If this is a management company, then all claims should be addressed to it, if the HOA - go to the chairman. If the contracts are signed directly with service providers - water supply and energy supply organizations, then you will have to deal with them yourself.
First, carefully review your contract. It may contain some special procedure for filing a claim. For example, only by registered mail or only to the head office of the managing organization, etc. A written claim is submitted in two copies, one of which is handed to the contractor, and the other is marked with acceptance. Make sure that the name of the recipient is not just written on the mark, but the stamp of the organization, as well as the date and time of admission. If the claim is not accepted, then it must be sent by mail with acknowledgment of receipt. If you are offered to file a complaint by phone, then you need to find out under what number in the log book the appeal was registered and who took the call. If necessary, this will help you prove the fact and time of contacting the public utilities.
The claim must indicate that the temperature in the apartment is below the standard, established by the Sanitary and Epidemiological Rules and SanPiN 2.1.2.2645-10, paragraphs. 4.3, 4.4, 4.8, 4.9, Decree of the Government of the Russian Federation No. 354 paragraphs. 49-n), require temperature measurements in the apartment in accordance with SANITARY AND EPIDEMIOLOGICAL REQUIREMENTS FOR LIVING CONDITIONS IN RESIDENTIAL BUILDINGS AND PREMISES.
A representative of the management company should come to your apartment and draw up an act stating that utilities are not provided or are of poor quality. If there is a disagreement between you and the public utilities about the quality of services, then the check is repeated. A representative of the Housing Inspectorate is invited to it. In addition, you yourself can call an independent specialist. Based on the results of the check, an act is drawn up, which is signed by you and representatives of the commission. The document can also be signed by all those present. The act is drawn up in two copies, one of which remains with you, the other - with the public utilities. If it is known that the cause of the outages is an accident, no further verification is required.
If the management company does not respond to your letter, or responds with an unsubscribe, but does not take measures to eliminate your problem, CONTACT the following organizations in sequence (or better, several at once, of your choice):
1. To the State Housing Inspectorate of your area.
2. To the district office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (Rospotrebnadzor).
3. To the local body of the Federal Antimonopoly Service (Teploenergo, CHPP, Vodokanal and other suppliers are usually monopolists, and their actions are controlled by the Federal Antimonopoly Service).
4. To regional (regional) and municipal (city, district) authorities - to the governor, etc.
5. To the prosecutor's office - they are also obliged to protect the rights of consumers.
6. To the court - and demand compensation for your losses. For example, if you used heaters in the cold and the electricity bill is significantly higher than the usual amounts. You can also claim compensation for non-pecuniary damage.
IMPORTANT
When is recalculation due?
The law establishes deadlines for interruptions in the provision of public services, after which the service organization is obliged to recalculate the fee for them.
HEATING
In case of an emergency shutdown, heating must be restored no more than 16 hours in advance - if the air temperature in the apartments is not lower than twelve degrees. And in 4 hours, if the temperature dropped below 10 degrees. Exceeding the deadlines entails a reduction in the fee by 0.15% of the cost at the rate for each hour of excess. And by the same amount - for each degree of deviation from the temperature regime.
COLD WATER
If there is no water for more than eight hours in total within one month, or for more than four hours at a time (and in case of an accident on the pipeline - within 24 hours), the amount of water payment is reduced by 0.15 percent of its cost for each hour of lack of water.
HOT WATER
Its temperature should be at least 50, maximum 75 degrees. Deviations are allowed at night by no more than five degrees, during the day - no more than three degrees. For every three degrees of water deviation from the standard, the fee is reduced by 0.1% of the cost for each hour of deviation. If the water temperature is below forty degrees, then for hot water you can pay according to the rates for cold.
ELECTRICITY
If it is not there, the fee is reduced by 0.15% of the cost according to the tariff for each hour of non-provision of the service.
In apartments, he can be absent for no more than four hours in total within one month. Its pressure must meet the requirements of federal standards. If there is no gas longer than this time, you can demand a reduction in the fee by 0.15% of the cost at the rate for each hour. The absence of normal pressure gives the right to exclude from payment the days during which substandard gas was supplied.
Sample application to the management company with the requirement to measure the temperature in the apartment
To ________________ (name
management company)
From: _____________________,
Address: ___________________.
Statement
I, ______________________ (full name) am the owner of the apartment at the above address in a building managed by your organization.
There are cold batteries in my apartment from ______ to ________, and the temperature in the apartment is below the norm, established by the Sanitary and Epidemiological Rules and SanPiN 2.1.2.2645-10, paragraphs. 4.3, 4.4, 4.8, 4.9, Decree of the Government of the Russian Federation No. 354 paragraphs. 49-n),
Based on the foregoing
I demand to measure the temperature in the apartment in accordance with the sanitary and epidemiological requirements for living conditions in residential buildings and premises.
"____" ____________2016 _____________ (________________)
