With the onset of October and the beginning heating season homeowners in apartment buildings often face a rather serious situation - it becomes very cold in apartments. Problems with heating in high-rise buildings are far from uncommon, and this is true both for secondary housing built 30-40 years ago, and for new buildings. How to solve this problem and where to turn - in the new material "Polygraph.Media".
Why are batteries cold?
Before you panic and rush to write complaints to all authorities, find out the specific reason for the lack of heating. They can be different: from the re-equipment of the house system and ending with an accident on the highway.
Problem in the home system:
- neighbors spend repair work heating systems, for example, install additional sections to the battery. To carry out such work, it is necessary to turn off the heating. Therefore, neighboring apartments can also temporarily be left without it;
- the tenants of the apartment themselves made the replacement of the old heating system on a new one and made mistakes during installation.
In order to find out whether this is a problem of one apartment or the entire entrance, you should find out how the neighbors are doing with heating. It is also advisable to call a specialist - a plumber who will search for the problem and fix it.
External problem:
- an accident on the central heating main, as a result of which entire houses or even districts can be left without heat;
- delay of the heating season by the municipal service, supply of heat energy of inadequate quality or with interruptions exceeding the normatively established permissible duration.
It is important to remember that the lack of heat in the premises is not always the fault of the organizations that provide it to consumers. Therefore, before filing a complaint against poor heating in the apartment, it is necessary to identify the cause of the cold.
Grounds for filing a complaint
The question "where to complain?" important, but not paramount. It is necessary, first of all, to establish precisely whether there are grounds for a complaint. To do this, you need to collect and document facts confirming that temperature regime in an apartment below the norm.
The time when utilities are required to start the heating season is established by the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, which are approved by Decree of the Government of the Russian Federation of 05/06/2011 N 354 (hereinafter referred to as the Rules). In Russia, there is no exact date when heating should be turned on in each individual region. The date varies depending on the weather. If the temperature outside is below 8 degrees for five days, heat must be supplied to the houses.
The same rules establish requirements for the quality of public services, in particular:
1) Provide uninterrupted round-the-clock heating during the heating period.
Wherein for each hour of exceeding the permissible break duration heating, calculated in total for the billing period in which the indicated excess occurred,
2) Establish regulatory requirements for air temperature:
For each hour of temperature deviation air in the residential premises in total during the billing period in which the specified deviation occurred, the amount of payment for utility services for such a billing period is reduced by 0.15 percent the amount of the fee determined in accordance with the Rules.
If the temperature in the apartment is below normal, but problems in the heating system are not confirmed, you must contact management company. The specialist from the Criminal Code should fix the deviation from the standard and draw up an act. In the event that it is cold at home, and the employee of the Criminal Code refuses to do this, the act can be drawn up by the owner of the apartment in any form in the presence of two witnesses.
How to measure air temperature correctly?
Methods for conducting air temperature control are established by GOST 30494-2011 " Interstate standard. Buildings residential and public. Indoor microclimate parameters.
It is allowed to take measurements in the cold season at a temperature of outdoor air not higher than minus 5˚С. Cannot be measured during daylight hours with a cloudless sky. This is due to the fact that penetrating into the rooms sunlight heats up the room, so measurements will be inaccurate.
Measure the temperature in the room at a distance of 10 cm, 1 m 10 cm and 1 m 70 cm from the floor. Measurements at these heights are taken in the center of the room and at a distance of 50 cm from the outer walls. The temperature of the walls and floor is measured at the center of the surface.
Where to complain about poor heating in the apartment?
Knowing this, you can quickly solve the problem. First of all, you can contact the following authorities:
- to the management company serving the house;
- to the City Housing Authority.
Please note that with 2018, amendments were made to the Housing Code of the Russian Federation (FZ No. 59-FZ of 04/03/2018). Now tenants apartment building can enter into direct contracts with resource providers and, accordingly, transfer payments for electricity, water, heating and gas directly to the organization that supplies these resources, and not to the account of the management company.
But, even if there is a direct agreement with resource providers, you can still complain to the management company. By law, she is required to keep all the systems in the house in order, even if tenants do not pay for communal resources.
Therefore, if there are problems with heating, you can contact the Criminal Code. The management company is obliged to accept the appeal and respond. But the supplier, and not the management company, will be responsible for the quality of services under a direct contract.
If complaints to the management company and the housing inspection did not bring any result, you can subsequently contact:
But a claim about the lack of heating should be sent to these authorities if the utility service specialists ignore the complaint of the residents of the house and have not taken any measures.
How to file a complaint?
Regardless of which structure the claim will be sent to, it is important to draw it up correctly and competently.
You can follow the following general rules design:
- in the upper right corner, you must indicate the name of the structure to which the document is submitted. Below is the name of the tenant, address of residence. In order for the organization to contact the owner of the apartment, you should write contact details (telephone, e-mail);
- the problem is detailed below. It should be indicated from what date there is no heating, what measures were taken, to which authorities and to whom exactly they turned. If there are acts, responses from any authorities or other important documents, their copies must be attached to the complaint;
- in conclusion, it is necessary to state the requirement that the selected structure take measures to solve the existing problem. It can also be added that if the heating issue is not resolved, then in the future the complaint will be sent to the court;
- at the very end, the date of the document and the signature of the person who filed the complaint is put.
Regardless of where the complaint is filed, it is desirable that it be collective from several residents of the house. Since public appeals are usually considered first. Appeals are considered within 30 days after receipt of the document. Complaints must be submitted in multiple copies. Residents of the house must have a second version of the document in their hands. In addition, you can contact a lawyer to file a complaint for help.
To leave comments
Heating bills are getting bigger and bigger: heat tariffs are rising, but the quality of heating does not always keep up with the price. Probably, many people would like their apartment to be warm and comfortable, and the fee for this was small.
But what about when the apartment is NOT warm (and maybe even cold), and large heating bills continue to come regularly. Agree, this is an insulting situation when you are actually required to pay for services that were provided improperly.
In any area of civil law relations, the issues of interaction between the buyer and the seller in the supply of low-quality goods are determined by the civil code and the law on consumer protection. Necessary actions buyer when buying bad goods are well known. For example, if you buy a faulty TV in an electronics store, then returning the faulty product and getting money back for it is not particularly difficult.
In the field of housing and communal services, consumer rights are also protected. But the interaction between the consumer and the supplier or utility service provider in the supply of low-quality services will differ from the usual interaction between the buyer and the seller. This is due to the fact that if the management company delivers a low-quality heat supply service (for example, cold radiators in the apartment or too low air temperature), then the consumer does not have the physical ability to correct the consumed heat.
But in this case, he has the right to pay less for the consumed heat. Or maybe not pay for heat this month at all.
Unfortunately, few people know how to act in a situation where there are cold batteries in the apartment: where to complain and turn to change the situation. Let's look at how the consumer's actions are prescribed in the legislation in the event of such a situation.
The standard values of air temperature in a residential building are defined in paragraph 15 of Appendix 1 to the "Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings", approved by Decree of the Government of the Russian Federation of 05/06/2011 No. 354. It is specified that: there should be "providing standard temperature air in residential premises - not lower than +18 °C (in corner rooms- +20 °C), in areas with a temperature of the coldest five-day period of -31 °C and below - in residential premises - not lower than +20 °C (in corner rooms - +22 °C) ".
In other words, minimum temperature in the rooms of the apartment should be at least 18 degrees for non-corner rooms and at least 20 degrees for corner ones. In the districts harsh winter and cold weather - even higher by 2 degrees, respectively. That is, it does not legally regulate the temperature of the coolant in the batteries: the apartment may have cold batteries and heating risers, but the temperature must be within the approved norm.
It should be noted that in accordance with the same paragraph 15 of Appendix 1: "permissible excess of the standard temperature - no more than 4 ° C; permissible decrease in the standard temperature at night ( from 0.00 to 5.00 hours) - no more than 3 °C ;
decrease in air temperature in the living room during the daytime (from 5.00 to 0.00 hours) not allowed.
What to do and where to complain if the batteries in the apartment are cold and the above temperature norms not followed? On the pages of the portal, we have already told how to calculate the payment for heating in an apartment according to the law.
Here we will tell you how this board in law can be reduced.
The law defines in sufficient detail the procedure for the consumer's actions when providing him with a public service of inadequate quality. In the previously mentioned "Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings", approved by Decree of the Government of the Russian Federation of 05/06/2011 No. 354, there is a whole section devoted to this problem. This section is number X and it is called "The procedure for establishing the fact of the provision of public services of inadequate quality and (or) with interruptions exceeding the established duration (paragraphs 104-113 of the Rules).
If the apartment is cold, then you need to do the following:
1. Call the phone or call hotline or to the emergency dispatch service of the utility service provider (management company or HOA). A complaint about cold batteries must be registered by an employee of the hotline or emergency dispatch service and tell you your name, surname and position and the registered number of your complaint about the low temperature in the apartment. You can apply in any other way, but you need to keep in mind that you may need to prove the fact of notification in the future.
2. If the employee of the emergency dispatch service of the contractor does not know the reasons for the cold in the apartment, he is obliged to agree with the consumer on the date and time of the verification of the fact of violation of the quality of the utility service.
The time for the inspection is appointed no later than 2 hours from the moment the consumer receives a message about the violation of the quality of the utility service, unless a different time is agreed with the consumer.
In other words, employees of the utility service provider must arrive to draw up an act at the apartment at a convenient time for the consumer or no later than 2 hours from the moment of contact.
3. If, for some reason, the employees of the utility service provider did not arrive by the scheduled date to draw up the act, the consumer can draw up such an act on his own. However, in this case, the air temperature in the apartment must be recorded in the act, and the act must be signed by the chairman of the council of the apartment building, as well as 2 neighbors - apartment owners.
4. After drawing up such an act, the performer is obliged to take measures to provide utility services for heating of adequate quality. These measures can be: settlement of necessary issues with heating networks (boiler house) to increase the temperature of the coolant, repair of heating risers in apartment building, booster pumps and more.
If no action has been taken by the end of the month, and the consumer has not been informed of the fact that the supply of heat of good quality has begun, then the consumer has the right to apply for a recalculation of the cost of heating for the month.
If the apartment is cold, then the amount of recalculation of the cost of heating is determined as follows: for each hour of deviation in the air temperature in the living room in total during the billing period in which the specified deviation occurred, the amount of the utility service fee for such a billing period decreases by 0.15 percent for each degree of deflection.
To illustrate, let's take a simple example. The air temperature in the apartment at the time of drawing up the act was 16 degrees. Therefore, the deviation from the norm is 2 degrees. The period during which this temperature was maintained was 10 days or 240 hours.
The size of the reduction in the cost of heating will be: 2 degrees x 240 hours x 0.15% = 72%. That is, the cost of heating this month should be reduced by 72%. With the usual average monthly payment for heat being about 3,000 rubles, this month the consumer must pay 3,000 rubles - 2,160 rubles = 840 rubles.
To do this, the consumer needs to write an application to the utility service provider, attach a copy of the drawn up act, indicate the date and registration number his initial appeal on the fact of the cold in the apartment.
An approximate sample of a complaint about poor heating in an apartment.
After receiving a complaint, the contractor is obliged to recalculate the cost of heating.
If for some reason he does not want to do this, then you can contact:
1. To the state housing inspection with a complaint about the actions of the contractor.
2. To the bodies of Rospotrebnadzor.
3. To the court with a claim to reduce the cost of heating and compel the contractor of the utility service to properly fulfill the obligations for the supply of utility resources.
At the end of the article, I would like to wish you to live in a warm apartment with hot batteries, and the heating fee did not hit your pocket.
Do you want to know the answer to your question?
Here you can ask it free of charge to experts or lawyers of the portal gkh-konsultant.ru.
Behind the window for a long time subzero temperature, and the batteries in your apartment are still cold? Yes, the management company knows how to present surprises. Or maybe it's not their irresponsibility, but a banal breakdown? Read in the article why the batteries may not heat up, as well as where to complain if the heating was not turned on for you.
The issue of the beginning of the heating season is regulated by Decree of the Government of the Russian Federation No. 354 dated May 6, 2011 “On the provision of utility services to owners and users of premises in apartment buildings”.
The period of the heating season is set individually for each region. It depends on the temperature outside the window. At what temperature turn on the heating in the apartments? It is obligatory to supply heat to residential buildings if the air temperature is below 8 ° C for five days in a row.
Dear readers! We talk about standard methods for solving legal problems, but your case may be special. We will help find a solution to your problem for free- just call our legal adviser by phone:
It's fast and for free! You can also quickly get a response through the consultant form on the site.
When the approximate start date of the heating season is behind, and the batteries in the apartment are cold, there may be several reasons for this.
- The problem with heating is only in your apartment. Check with your neighbors to see if they have heating. If it is confirmed that the breakdown has occurred with you, call a specialist for diagnostics and repair.
- An unexpected emergency situation, which delayed connecting your home to the heat supply. In this case, the whole house or even the district will not have heating.
- The utility service or management company is delaying the start of the heating season.
The solution of the last problem will be discussed further.
Where to complain if the heating is not turned on?
According to the Rules for the provision of public services, interruptions in the supply of heating are possible when the season has already begun. The periods for which interruptions are permissible are clearly regulated:
- no more than 24 hours per month;
- if the air temperature in the apartment is above 12°C - a maximum of 16 hours in a row;
- if the temperature in the apartment is 10-12°C - a maximum of 8 hours in a row;
- if the temperature in the apartment is 8-10°C - a maximum of 4 hours in a row.
If the above norms are not met, the amount of payment for heating is reduced for each extra hour by 0.15%.
In the absence of heat, first of all, you should find out the reasons. To do this, call the dispatch service and leave a request about the lack of heating with a request to take appropriate measures. Specialists are obliged to establish the cause and inform you about it within one to two days.
If the problems are related to a technical breakdown, a specialist should go to the site. Confirmation of your appeal will be the corresponding act, drawn up in two copies. One is for you, the second remains with the specialist. In this case, all problems with heating are solved in a short time.
You may also contact:
- management company;
- housing inspection;
- your apartment building partnership, if any.
If, after the measures you have taken, the heating has not been turned on, you can complain to higher organizations. Among them:
- Rospotrebnadzor;
- prosecutor's office;
- municipality;
- judicial authorities.
It is not in the interests of public utilities to transfer the issue to higher authorities for resolution. Therefore, before writing a complaint, let them know about your intention. It is likely that heating problems will be solved very quickly.
Heating not turned on: complaint and follow-up
If filing a complaint is unavoidable, it is written as follows:
- At the top right, your personal data and the name of the organization to which the claim is sent are indicated. You should leave your contact phone number so that you can be contacted promptly to resolve the issue.
- The claim must be as detailed as possible. Write down what measures you took before filing a complaint, where you applied, who you contacted. Attach copies of supporting documents, if available.
- Then, state all the demands put forward and ask for action in the current situation. You can threaten to take legal action.
- Put a personal signature and the current date.
There is no prescribed form for complaints. If you find it difficult to draw up a document, you can contact a housing lawyer.
The complaint may be handed over to the authorized person in person. In this case, you need to get a paper from him confirming the receipt of the claim. You can also send a complaint by registered mail or electronically on the official website of the organization.
After solving the problem with heating, be sure to draw up an application sent to the management company with a request to recalculate for the time when you did not actually use utilities. On their own initiative, utilities will not recalculate the amount of payment, it must come from you.
Now you know how and where to complain if you did not turn on the heating when the season had already begun. If you have any difficulties, contact a lawyer for advice and assistance in resolving the issue.
