According to the bill adopted in the first reading, an administrative fine of 20 thousand rubles and suspension of activities for up to 90 days will be imposed on legal entities that do not carry out elevator repairs on time. Let's consider the questions of who in the apartment building is responsible for its good condition and how to modernize or replace the elevator.
The need to determine the composition of the common property of premises owners in apartment buildings
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When to report an elevator problem
An application to check the serviceability of the elevator should be submitted in the following cases:
- when moving, the elevator makes strange sounds;
- there is no lighting in the cabin;
- the floor level of the cabin when stopped does not coincide with the floor level of the floor;
- the elevator doors jam;
- There are regular elevator stops between floors.
All of these cases directly indicate a malfunction of the elevator equipment. You should not expect the situation to resolve itself; we are talking about the safety of life and health of citizens. Prompt troubleshooting will help avoid accidents and casualties.
“According to the current legislation, the responsibility for ensuring proper maintenance and repair of elevators is assigned to the management organization. If the elevator is out of order, residents of an apartment building should contact the dispatch service of their management organization and leave a request. Having accepted the application, the dispatch service specialists must notify the specialized organization involved in servicing elevators about the problem that has arisen. It is better if the application is submitted collectively. According to the rules, it should look exactly like this, but in reality, residents of the building can spend days trying to get workers to be called to diagnose malfunctions of the elevator equipment. It is at this moment that a conflict begins to brew, as a result of which residents are forced to file complaints with higher authorities.”
Volkov M.I., legal consultant, Moscow
Possibility of replacing the elevator
For elevators, the standard service life is 25 years . Then diagnostics must be carried out to determine the remaining resources of the equipment. The management organization has all the necessary technical documentation, which indicates the age of the elevator.
Common property is in the possession of all residents, and therefore the decision to replace the elevator must be made by all owners. For this purpose, a general house meeting is convened, where this issue is resolved. It also determines how the replacement will be done and who will do the work.
There are several options for resolving the issue:
- The elevator is being replaced at the expense of the residents - the fastest option, but you will need to raise a considerable amount.
- If there is a major overhaul soon, you can include the replacement of the elevator in the upcoming work. To do this, contact the capital repair fund with a corresponding application and make a recalculation taking into account the cost of the elevator.
- If the elevator is located in a new building, which is still under warranty from the developer, then there is an option to submit a demand for the need to replace a low-quality elevator.
The longest replacement will be at the expense of the state . To do this, you will need to collect a lot of documentation (registration certificate of the house, examination, work plan, etc.) and submit it to Rostechnadzor. They will review the application and make a decision.
Who is responsible for the technical condition of the elevator?
The elevator, like the shaft, belongs to the common property of the house; accordingly, a service organization is responsible for its performance, which can be a management company, homeowners' association, housing cooperative, etc.
This circumstance is indicated by Resolution No. 491, clause 2A and clause 42, dated August 13, 2006.
The management organization must urgently carry out work to troubleshoot the elevator. In addition, the direct responsibility of such organizations is to conduct regular technical inspections and scheduled work to ensure uninterrupted operation of the elevator.
All direct responsibilities of companies are spelled out in Gosstroy Resolution No. 170, clause 5.10, dated September 27, 2003.
Who to call if the elevator is not working?
Government regulations define elevators as common property, for which the governing body is responsible.
He must also carry out periodic technical inspections, scheduled maintenance and other operational routine measures to ensure the safe and uninterrupted operation of technical equipment. Therefore, if a breakdown occurs, you should call the management organization with which the contract was concluded.
Typically, a contact number is always available on receipts or house information boards. The dispatcher must record the call under a specific number, which must be clarified during the call in order to prove in the future that there was an application.
Sometimes management company employees do not register applications if the elevator is working, although with suspicious noises, shocks and other problems, explaining them as a false alarm. In such a case, it is recommended to send the application by letter with notification.
Practice shows that the more residents call with a complaint, the faster the management company will solve the problem. After receiving the application number, you just have to wait until it is completed and repair work is carried out.
By the way, the responsible organization is obliged to carry out the necessary work as soon as possible.
How long should repairs take?
Based on the provisions of the previously mentioned Decree of the State Construction Committee, the service company is obliged to eliminate all problems within 24 hours.
Important! For repairmen to arrive, you need to call the company. If a complaint comes from several people at once, the likelihood of resolving the situation as soon as possible increases.
It is worth noting that this period includes troubleshooting, team visits, and the purchase of spare parts, if necessary.
Within what time frame must elevator malfunctions be repaired?
There is one interesting document, it is called “Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170”, in this resolution there is paragraph 5.10.2, which also states, but more specifically, that the operating organization, as well as organizations under economic control and the operational management of which buildings are located, associations of homeowners, depending on the form of management of the apartment building, must ensure the maintenance of the elevator in fully operational condition, ensure its safe operation, which is ensured by proper maintenance of the elevator.
This means that the management organization must not only repair the elevator after a breakdown, but also carry out technical inspection of the elevator, routine maintenance, scheduled repairs and other elevator maintenance work. Thereby ensuring its uninterrupted operation and safe operation.
In the event of an unscheduled breakdown of the elevator, on the basis of Appendix No. 2 of “Resolution of the State Construction Committee of the Russian Federation of September 27, 2003 N 170”, the elevator malfunction must be repaired within 24 hours after the breakdown.
That is, ideally everything should happen as follows: your elevator breaks down at 12:00 noon, you report it by phone to the management organization, the dispatcher accepts your request and from that moment they have exactly 24 hours to bring the elevator back to normal. good condition and this is according to the law, anything longer is a violation of the law and the rights of residents.
I will give one useful piece of advice, if you call the management organization, so that later you have something to refer to, if your message is ignored, when the dispatcher accepts your appeal, it should be registered in the message log, each message is assigned a number, so, ask dispatcher to tell you the number of your appeal and the name of the dispatcher himself, write down this data and if your request is ignored, then at least you will refer to the specific number of the appeal and the date when the appeal was received.
Ideally, communicate with the management organization in writing, that is, you write your appeal, let’s call it a complaint. We write in 2 copies and go to your management organization, submit both copies to the person authorized to receive incoming messages, after reviewing your appeal, your copy must be stamped and dated and assigned an incoming number to your appeal. We pick up a copy with the marks and from that moment the management organization has exactly 1 day to start the elevator.
What actions should residents take?
If a malfunction of the elevator is detected, then you should immediately contact the company that is obliged to maintain the common property. As a rule, contact details, including a telephone number, are indicated on an information stand located at the entrance to the entrance or on the ground floor, near the elevator itself.
Important! If you do not know which company is servicing your home, you can obtain the necessary information by calling the City Housing Inspectorate.
According to the established rules, any request from a resident must be recorded by a dispatcher. After the call, you need to clarify which number was assigned and find out the name of the dispatcher who accepted the application.
It is better if, in addition to the call, the residents of the house personally visit the management office and leave there a written statement prepared in two copies, one of which, with a mark, remains with the applicant.
How the capital's elevators are being replaced: standards
In 2021, there should be no morally or physically obsolete elevator equipment left in the city, that is, elevators older than 25 years. First of all, equipment with swing doors and elevators in frame-attached shafts will be replaced.
The operating life of the elevator is 25 years, after which diagnostics are carried out and a decision is made whether to replace the elevator or extend the permit for its operation. Replacement costs are paid by the Moscow City Capital Repair Fund.
From the start of the regional capital repair program in 2015 until the end of this year, the Moscow Capital Repair Fund will replace more than 11 thousand elevators. In total, since 2011, more than 24 thousand lifts have been completely replaced. In 2017 alone, over five thousand lifts in more than 1,080 houses will be replaced.
New elevators must meet modern requirements for safety, comfort and energy efficiency.
New booths that appear in Moscow entrances must be vandal-proof: the coating of the panels allows the drawings to be easily washed off. The buttons in such elevators cannot be cut or set on fire, and the light bulbs cannot be unscrewed. New elevator models are also more convenient for people with disabilities. Floor numbers on the buttons are indicated by Braille symbols and there is an audible notification of arrival on the floor.
Security issues have also been thought out in more detail. For example, the photocell, which detects a foreign object and prevents the elevator from closing, is now located along the entire height of the doors.
The time frame for installing equipment is individual for each building. If the house has up to 12 floors, then installation will take about 45–55 calendar working days; for houses with 13 to 17 floors, this period will be 55–75 days.
What to do if the service company is inactive
In practice, it is not uncommon for management companies to simply do nothing in relation to complaints received from residents of apartment buildings. In such a situation, you need to know what to do and where to file a complaint.
The algorithm of actions is quite simple:
- a competent complaint is prepared, which sets out the essence of what happened, demands, references to legal norms, etc.;
- documents are sent to the management company;
- if negotiations are ongoing with officials of the Criminal Code, it is necessary to record them on a voice recorder (this will serve as evidence if the dispute goes to trial);
- If filing a complaint with the company does not bring results, you should send the documents to the city housing inspectorate; its responsibilities include monitoring compliance with legal norms in the housing and communal services sector.
Each region has a representative housing inspectorate. This is very convenient and allows all citizens to seek help.
What to do if the elevator in the house does not work (where to complain)?
Problems in the housing and communal services sector are not uncommon, and today I want to tell you about one problem, as well as how to deal with it. Often, elevators do not work in apartment buildings; in principle, if a shutdown occurs during the day while everyone is at work, no one will notice anything, but it happens that the elevators do not work for weeks or months and the residents do not know what to do about it, how to influence the management organization and to finally get the elevator repaired and running. This article will talk about what to do if the elevator does not work in your house and how to deal with it?
Procedure for contacting the Housing Inspectorate
Options for filing a complaint with the inspectorate:
- during a personal visit;
- by sending papers by mail;
- using the official websites.
Since each region has its own representative office of the inspectorate, the option of filing an electronic complaint must be considered on the specific website of the department. For an example of submitting an appeal, you can take the website of the Moscow Housing Inspectorate:
- while on the website page, click on the “Electronic Reception” section in the lower left corner;
- Enter the required reliable information in the form provided for filling out;
- if necessary, at the end of the questionnaire you can attach documents related to the essence of the application;
- enter the verification code, check the box indicating consent to the processing of personal data and click “Preview”;
- If all information has been verified, an electronic complaint can be sent.
In order for the complaint to be accurately considered, you should carefully study the rules for filling out the form, deadlines and methods for receiving responses. The section is located above the questionnaire; by clicking on the highlighted words in blue, the user will see all the required information.
According to Federal Law No. 59, Art. 12, dated May 2, 2006, a period of 30 days is allotted for consideration of applications.
The housing inspection is obliged to check the validity of the submitted appeal, after which the Criminal Code will issue an order to eliminate the violations. If there are sufficient grounds, the sanctions of Art. 7.22 Code of Administrative Offenses of the Russian Federation.
Important! Residents of Moscow can call the 24-hour hotline -. Such telephones are available in every region of the country .
How to file a complaint
Today, at the legislative level, there are no clear instructions on how exactly a complaint should be drawn up, just as there is no unified form. Applicants must adhere to certain formalities and unspoken guidelines.
| "A cap" | Document's name | Descriptive part | Final provisions |
| Located in the upper right corner. Indicated: – name of the body to which the appeal is submitted, address, full name of the official; – information about the sender (full name, registration address, telephone, e-mail) | “Complaint” (indicate what actions/inactions it is being filed against) | Basic information, facts, circumstances, dates, names are succinctly indicated. The more direct facts the better. Evidence (photos, videos, correspondence) is important. The applicant should focus on legal acts that support the arguments presented in the complaint. | The applicant writes demands (elimination of violations, punishment of guilty persons, etc.), a list of documents attached to the complaint. The complaint will be completed by the date of its preparation and the signature of the applicant. |
Complaint to Rostekhnadzor
If a peaceful settlement of the issue with the management company does not bring results, you should write a complaint to Rostechnadzor. The powers of this body include monitoring the operation and safety of various technical devices used by citizens.
You can contact your regional or federal department. A quick and convenient way to file a complaint is to use the official website of the department. What the applicant will need to do:
- while on the website page, go to the “Complaint Procedure” section;
- Having studied all the material presented, you should go to the “Contact the reception” item, read the procedure for receiving and considering complaints, click “Agree”;
- fill out the feedback form.
The received complaint must be registered within 3 days. 30 days are allotted for its consideration and preparation of a response for the applicant.
Contacting the prosecutor's office
You should contact the prosecutor's office only in two cases:
- none of the government departments was able to resolve the situation or responded to the appeal;
- operation of the elevator poses a threat to the life and health of citizens.
The complaint itself has a standard format and must include the following information:
- information about the addressee and applicant (anonymous complaints are not accepted for consideration);
- a description of the problem that arose, what methods of peaceful resolution of the situation were used, what answers were received, what officials were inactive;
- what demands and requests the applicant sends to the prosecutor’s office;
- list of documents attached to the complaint;
- date and signature of the applicant.
The complaint can be submitted in person, by mail or using the online reception. It is better to contact the regional department, since when sending papers to the Prosecutor General's Office of the Russian Federation, they will in any case be sent to a lower authority.
Based on the results of the inspection, an official response will be prepared, indicating the results of the inspection and the measures that were taken to correct the problem.
Where can I complain?
First, you need to decide where you can even complain about a non-working or simply old elevator, which, due to its age, cannot cope with its responsibilities for transporting citizens and goods. You can submit an appeal to the following organizations:
- Management Company;
- Elevator Maintenance and Repair Bureau;
- Rostechnadzor;
- Prosecutor's Office;
- Court.
As you can see, there are not so many places, but if you contact them consistently, the problem is guaranteed to be eliminated. Let's consider each complaint in more detail.
Management company and office
In order to draw the attention of supervisory services to the inappropriate condition of the elevator, you first need to contact the Management Company responsible for your building. But not every management company deals with its own elevators, shifting this task to a special hired technical bureau. That is why contacting both the bureau and the company will be the same.
You can contact these services either orally or in writing. In the first case, everything is quite simple - just dial the phone and report a problem with the elevator. But such complaints, as a rule, are not registered, and in the future it will hardly be possible to prove the fact of the call. So let's move straight to written statements. Writing them is quite simple, since they imply a free form.
Each written application to a technical bureau or management company must contain the following information:
- Full name and address of the applicant;
- Description of the breakdown;
- Date of failure;
- General information about the elevator (must be on a sign attached to the elevator itself);
- Requests to a company or bureau;
- Signature of the complainant and date of filing the complaint.
Rostechnadzor
Let's move on to more serious complaints. If a peaceful resolution of the problem with the management company or technical bureau does not produce results, then you can try contacting Rostechnadhor. This service monitors the operation and safety of various technical devices used by citizens in everyday life, and it may well take care of the elevator problem if the responsible persons refused to help you.
A complaint to Rostechnadzor is also written in free form; to compile it you will need to provide the following data:
- Your name and address;
- Description of the problem with the elevator. This point needs to be described in as much detail as possible;
- General information about the elevator;
- Information about your contact with the services responsible for the elevator;
- List of requests to Rostechnadzor;
- Your signature and date of submission of the application.
Prosecutor's office
In addition to technical services, a complaint about the elevator can also be submitted to the prosecutor's office. But this can only be done in two cases: if none of the government services responded to your appeal, or if the operation of a faulty elevator poses a threat to the life and health of citizens.
When filing a complaint with the prosecutor's office, you should first of all pay attention to the inaction of other responsible services, since their refusal to cooperate is a violation of your civil rights. And it is the prosecutor’s office that is responsible for observing the rights of citizens. itself will have a standard form and consist of three parts.
- Title. Includes: Address and name of branch;
- Full name and title of the head of the department;
- Your name and address;
- Contacts.
- Description of the problem with the elevator;
- Inventory of case materials;
If none of the above-described claims help, then you will need to contact a higher authority - the court. To do this, instead of a complaint, you will need to draw up a statement of claim, which in general is very similar to an appeal to the prosecutor's office. It should be written according to the following scheme:
- Header part. Contains: Address and name of the court. The claim is submitted to the department at the place of your registration or at the place of registration of the responsible organization;
- Full name and registered address of the plaintiff;
- Plaintiff's contacts;
- Name of the defendant;
- Details and registered address of the defendant.
- Description of the breakdown and the conflict in general;
- A list of all attached documents and evidence sent to the court along with the letter;
A lawsuit is the most serious and costly way to solve a problem with an elevator. So prepare well for the meeting, hire a lawyer to help you, and at the same time try to attract as many experts and residents of your home as possible to your side.
Source
Complaint to the Court
The court is the last authority that is authorized to restore the rights and interests of citizens, as well as to punish the guilty persons. You should resort to the help of the court only if none of the authorities responded to the appeal.
For the court, it is not enough to prepare a complaint; you need to competently draw up a document, attach significant evidence, correctly state what happened and apply the rules of law.
The right to judicial protection is enshrined in Art. 46 of the Constitution of the Russian Federation and Art. 3 Code of Civil Procedure of the Russian Federation.
Art. 131 of the Code of Civil Procedure of the Russian Federation indicates the form and content of the claim. As part of the trial, the plaintiff has the right to make a claim for compensation for moral and material damage, which has documentary evidence. The court will not accept unsubstantiated and unfounded arguments for consideration and the claim will be rejected.
Answers on questions
Question: What actions should be taken if the management company ignores residents’ requests about the elevator breakdown?
Answer: The first thing you need to do is prepare a claim and send it to the Criminal Code. If this does not help and the inaction continues, a complaint to the housing inspectorate is being prepared. It is important to correctly record the appeal to the Criminal Code, be sure to save all correspondence, it is better to record conversations with a voice recorder or film them. When making a claim, you can refer to Art. 161, 162, 165 Housing Code of the Russian Federation. The essence of the complaint and claim is stated briefly, clearly and only on the merits of the case, adhering to a business style.
Question: How long must the elevator be repaired after receiving an application from residents?
Answer: According to the law, repair work on elevator equipment must be completed within 24 hours. During this time, the elevator should be diagnosed. The exact time during which elevator repairs and replacements are allowed is regulated by the Order of the State Construction Committee of the Russian Federation dated July 11, 1997.
If the management organization does not respond
Management organizations do not always respond to requests in a timely manner, and sometimes even ignore them altogether. In such a case, it is recommended to write a collective complaint from the residents to the management of the management company.
The complaint must indicate the period during which the elevator does not work, write how many times applications from residents were submitted. It is also recommended to note that with further inaction of managers, residents intend to contact higher-level government agencies.
The complaint should be written competently, in an official tone. Excessive emotional overtones or offensive expressions are unacceptable in such documents.
If, after filing a complaint, the management organization continues to fail to act, you can contact other authorities:
- State Housing Inspectorate, which monitors the work of all housing and communal services structures;
- The Roszhkkh website is a service with which you can send a complaint to higher authorities;
- Rospotrebnadzor is an official government agency that monitors the fulfillment of obligations under contracts and protects consumer rights;
- the Angry Citizen website is a resource where complaints are processed and problems of Russians are resolved in order to improve their quality of life, as well as for accelerated interaction between citizens and government agencies;
- Rostechnadzor is a government agency that controls the work of organizations that maintain and operate elevators and other lifting mechanisms;
- prosecutor's office - you should contact here as a last resort, when the inspectorate, Rospotrebnadzor and Rostechnadzor did not help.
Appeals are of a standard nature. You can attach receipts for maintenance, correspondence with managers, etc. to them.
