Complaint to Rospotrebnadzor: rights, writing instructions, shops, banks

You cannot prohibit the opening of a cafe in your home without legal grounds.

Previously, to open a catering service (shop), the consent of the owners of an apartment building was required. Now this is not required.

The consent of the residents (of the general meeting of owners) will be required if the owner of the public catering facility wants to place an advertisement on the facade of the building (we are not talking about a sign for the establishment), or to make ventilation on the facade of the house, the entrance group and other work related to making changes to the common property of the house (Art. 44-47 Housing Code of the Russian Federation).

According to legal requirements, an entrepreneur must collect an impressive package of documents, permits and approvals to open a catering establishment. However, residents of the house do not have the right to check the documents. Only supervisory authorities have this right: Rospotrebnadzor, the prosecutor's office, the state fire inspectorate, etc.

Where are catering establishments allowed to be located?

Public catering establishments can be located (clause 2.2 SP 2.3.6.1079-01 “Sanitary and epidemiological requirements for public catering establishments, the production and circulation of food products and food raw materials in them”, put into effect by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated November 8, 2001 No. 31 (as amended on March 31, 2011):

in a separate building;
in premises attached and built-in and attached to residential and public buildings;
in non-residential floors of residential buildings;
in the territories of industrial and other buildings to serve working personnel.

If a catering establishment is located in a residential building, then its owner must not:

worsen the living and recreational conditions of people;
violate sanitary standards for the level of noise, infrasound, vibration, electromagnetic fields, maximum permissible concentrations and estimated safe levels of exposure to pollutants in the atmospheric air of populated areas;
locate production workshops in basements and semi-basements;
combine entrances with entrances to residential premises;
accept products and raw materials from the courtyard side of the house where the apartment windows are located. Loading and unloading should be done from the end of a residential building, where there are no windows, or from the side of the roadway;
place the waste disposal area closer than 25 m from the entrances to the house, playgrounds and recreation areas (clause 2.6 of SP 2.3.6.1079-01);
place parking for staff and visitors' vehicles in the courtyard of a residential building. Parking can only be located on the side of the roadway (clause 2.7 SP 2.3.6.1079-01).

And also about the specifics of the work of catering establishments:
If a catering establishment prepares barbecue on a grill, then such establishments can only be located in separate buildings (clause 4.11 SP 2.3.6.1079-01).

If catering is located in a pavilion, then it must be located no closer than 50 m from residential buildings, medical and preventive organizations, sports and educational institutions.

If the cafe or store is open 24 hours a day. There is no direct ban on locating such enterprises in a residential building. However, clause 4.10 of SP 54.13330.2011 “Residential multi-apartment buildings. The updated version of SNiP 31-01-2003 "allows the placement of built-in and built-in-attached public premises in the basement, ground, first and second floors of a residential building (in large and largest cities on the third floor), with the exception of organizations that have a harmful impact on humans ;

It is prohibited to locate enterprises with operating hours later than 23.00 in residential buildings;

It is prohibited to place catering and leisure establishments with an area of more than 250 sq.m. and a number of seats of more than 50, as well as establishments with musical accompaniment (discotheques, dance studios, casinos, etc.) in residential buildings.

Let's consider the most common reasons for claims against cafe owners (from judicial practice):

1. Transfer of premises from residential to non-residential without the consent of the owners of the residential building.
Judicial practice in these cases is very diverse, as are court decisions. The court takes into account the circumstances in each specific case.

Currently, in most cases it is not necessary to obtain the consent of the owners of a residential building. It may be needed only when the catering owner plans not only the internal redevelopment of the premises, but also the reconstruction of the entrance located in the local area, using part of the land plot under the house. In this case, the consent of the apartment owners will be required.

The difficulty of making decisions on this issue also lies in the fact that the law does not allow a clear distinction between such concepts as redevelopment and reconstruction of premises.

2. Placement of advertising on the facade without the consent of the owners of the house.

Since 2009, advertising on the facades of a building can only be placed with the consent of the owners of apartment buildings (“On Amendments to the Housing Code of the Russian Federation and Article 19 of the Federal Law “On Advertising” dated September 27, 2009). To make a positive decision, the consent of at least ⅔ of the homeowners is required.

3. Violation of sanitary and epidemiological standards: production workshops in the basement of the house, lack of separate sewerage, noise at night, etc.

Compliance with sanitary standards is regulated by federal legislation: Resolution of the Chief State Sanitary Doctor of the Russian Federation dated November 8, 2001 No. 31, as amended by No. 25 dated May 3, 2007, from February 1, 2002, the “Sanitary and epidemiological requirements for public catering organizations, the production and circulation of food in them products and food raw materials" (SanPiN 2.3.6.1079-01); Resolution No. 64 of June 10, 2010 put into effect “Sanitary and epidemiological requirements for living conditions in residential buildings and premises” (SanPiN 2.1.2.2645-10). In addition to federal standards, there are also regional requirements in each constituent entity of the Russian Federation.

4. Organization of loading and unloading in the courtyard of a residential building.

If the owners of catering establishments violate the requirement to organize loading and unloading (clause 2.2. SanPiN 2.3.6.1079-01), then they can be brought to an administrative offense (clause 6.4 of the Code of Administrative Offenses of the Russian Federation).

5. Improperly organized waste area.

Catering owners often violate this point of sanitary standards (the waste collection container should be located no closer than 25 m from a residential building, playgrounds and recreation areas). This leads to an unpleasant odor and the appearance of rodents and insects in apartments. In this situation, the residents of the house must file a complaint with the district Sanitary and Epidemiological Station. The SES is obliged to send an official response describing the actions taken against the offender.

6. There are no temporary parking areas for staff and visitors.

The lack of separate parking lots at catering establishments (clause 2.7 of SanPiN 2.3.6.1079-01) is considered an administrative offense (clause 6.6 of the Code of Administrative Offenses of the Russian Federation).

7. Deterioration of the living conditions of the residents of the house due to improper organization of the hood.

Catering establishments must have a separate exhaust system (cannot be combined with a common one, clause 4.6 SP 2.3.6.1079-01). The ventilation of public catering establishments located in buildings for other purposes is equipped separately from the ventilation of these buildings, and the ventilation shaft must protrude above the ridge of the roof or the surface of the flat roof to a height of at least 1 m.

If this requirement is not met, the owner faces administrative liability (Article 6.3 of the Code of Administrative Offenses of the Russian Federation).

8. Noise at night.

Practice shows that many public catering establishments do not comply with noise level standards. During the daytime, the “Sanitary standards for the permissible sound volume of sound-reproducing and sound-amplifying devices in indoor and outdoor areas” are in effect (approved by the Chief State Sanitary Doctor of the USSR on July 7, 1987 No. 4396-87 (SanPiN 42-128-4396-87).

It is quite difficult to deal with violators of the permissible sound volume.

The main difficulty is the need to measure the noise level. Firstly, the owner of the establishment is warned in advance about the on-site inspection of the SES, so he will not allow the standard noise levels to be exceeded. Secondly, it is necessary to measure the noise level in several apartments, which requires material costs for residents. However, in this case, residents manage to call the catering owners to order.

Where and how to complain about expired and spoiled products. Instructions

According to statistics, every year around the world 1.3 billion tons of food are sent to landfill. Disposal of expired goods is the responsibility of supermarkets, but not everyone does it on time and in full, and often expired goods end up on store shelves. However, spoiled and low-quality products are not only a blow to your wallet, but also to your health. Almost everyone has bought such products at least once, but, as a rule, they simply threw the goods in the trash, believing that the money spent could no longer be returned. However, this is not true: you are required by law to return the funds. Ruposters tells you where to complain if you bought moldy bread or “smelly” sausage in a store.

Why is delay dangerous?

If you buy and eat the product immediately after the expiration date, nothing bad will happen. Most foods do not spoil immediately and are still edible for some time. However, there are categories of goods to which this does not apply. That is, after the expiration date, they immediately become dangerous and should not be eaten under any circumstances. This includes chicken, fish, meat, dairy products and canned food. Preservation is especially dangerous: swollen jars that have expired can cause botulism.

In addition, spoiled foods harbor mold and germs. Mold releases toxic substances that can cause a variety of diseases. Microbes that multiply in an environment suitable for them can cause food poisoning. It is strictly forbidden to give children expired baby food and dairy products. If the taste, smell or color of food seems suspicious to you, it is better to play it safe and not eat it.

Cutting off spoiled areas from vegetables, fruits, cheese or bread is also a bad idea. The remaining part, although it will look clean, will not be safe. Mold is a fungus, and it penetrates very deeply. Eating such products can cause illness and even develop serious illnesses.

What should I do if I bought an expired product?

Yogurt with mold | Photos from social networks

First, you need to contact the supermarket where you purchased the expired item. The sale of expired products is strictly prohibited, so you have the right to a refund or replacement of the product with the same one, but with a normal expiration date. If such a product is no longer available, you are required to replace it with an identical product, but of a different brand, and, accordingly, recalculate the amount for the purchase.

The absence of a purchase receipt does not constitute grounds for refusal to satisfy your claims and does not deprive you of the opportunity to rely on witness testimony to confirm that you actually purchased the goods here. But it’s best to save receipts when purchasing - this will save you from unnecessary hassle. Remember that the seller does not have the right to refuse you a refund, even if the product is partially used or the packaging is opened. When returning money, you are not entitled to retain the portion by which the price of the product has decreased due to full or partial use or opening of the package.

If the seller refuses to return the money, be sure to write a written claim with your demands and take it personally to the store. And only after the supermarket management ignores your letter, you can contact the Rospotrebnadzor authorities. Prepare in advance the evidence you have of a violation of your rights: expired goods or photos of them, cash receipts, recordings from CCTV cameras in the store, etc. It is very important that before contacting Rospotrebnadzor you first write a complaint to the store, try to come to an agreement with the management and your problem is not solved. Only in this case will Rospotrebnadzor consider your application and begin an inspection.

What to do if the purchased product is of poor quality

The seller is obliged to provide the buyer with goods of proper quality, therefore, in case of purchasing damaged products, you must contact him with a written complaint in 2 copies. It should clearly state your requirements, indicate the name of the product, manufacturer, date of manufacture and packaging, expiration date, net weight, condition of the product upon purchase. One copy of the claim must remain with you, the second must be given personally to the seller or sent to the store’s address by registered mail. A sample claim can be found on the Rospotrebnadzor website.

Did the seller refuse to satisfy the requirements stated in the complaint? Now you have the right to go to court. This can be done at the location of the organization or at your place of residence.

Remember that, according to the Law “On the Protection of Consumer Rights”, it is impossible to return products of proper quality back to the store; returning food products to the store after the expiration date is also impossible. A purchased cake with a shelf life of 48 hours becomes a non-returnable item after this period.

What to do if your health is damaged as a result of consuming the product

A Tula resident's sausage exploded | Photos from social networks

In this case, you need to find a receipt for the suspicious product and attach it to the product itself that caused the poisoning. The receipt will serve as the main proof that you bought a low-quality product in the supermarket; it is very important not to lose it. You should definitely call a doctor so that he can make a detailed report on your well-being and indicate the possible causes of poisoning.

Next, without wasting time, immediately write an application to Rospotrebnadzor. In it, you must describe in detail what happened, indicate your contacts and contacts of the store, and also attach a copy of the receipt, medical report, checks for payment of treatment, etc. It is very important to do everything quickly - supermarket managers can get rid of low-quality goods, and then Rospotrebnadzor will not be able to make a test purchase and respond to your application.

Do not forget to make a complaint to the store in writing. It is worth demanding compensation for material and moral damage. You can submit your claim in person, or you can send it by registered mail with acknowledgment of delivery. If Rospotrebnadzor conducted a test purchase and confirmed that you were right, but the store administration still refuses to compensate you for the damage, feel free to go to court - the law will be on your side.

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Responsibility

The Law (Administrative Code of the Russian Federation) establishes administrative liability for violation of sanitary and epidemiological requirements:

monetary fines (1,000 - 1,500 rubles for citizens; 2,000 - 3,000 rubles for officials and entrepreneurs; 20 thousand - 30 thousand rubles for legal entities);
or suspension of the enterprise (for 90 days).

All violations must be corrected.
In certain cases, the court may decide to terminate the activities of a catering enterprise.

As a conclusion

Most often, cafes, bars and restaurants are located on the first floors of residential buildings.
Unfortunately, the emergence of catering outlets becomes the cause of many conflicts between entrepreneurs and residents of the house. In these situations, residents are not always right, trying at all costs to “survive” the catering establishment. It must be remembered that in order to be successful, tenant complaints must have a legitimate basis. In most cases, residents manage to get catering owners to eliminate the violations, and in some cases, to close the establishment. If appeals to the authorized bodies do not bring results, then you can contact the media.

Statistics for 91 Russian cities for 2015 (compiled by the Flamp review service at the request of The Village project, author’s note: it is clear that residents’ complaints are not the main reason for the closure of most establishments from the list below):

Cafes: 26,697 open, 7,759 opened, 5,855 closed;
Restaurants: 10,818 open, 2,133 opened, 1,654 closed;
Bars: 9,477 open, 3,452 opened, 2,383 closed.

Instructions for writing a complaint to Rospotrebnadzor

Once you have become familiar with consumer rights, you can begin writing a complaint to the relevant authorities.

It is worth noting that many conflicts can be resolved on the spot and without the involvement of additional resources, so before writing a complaint, it is better to try to resolve the problem through conversation.

If the seller categorically does not compromise, you can safely file a claim.

To write a complaint to Rospotrebnadzor, you need to decide on the requirements for the establishment. To do this, you need to focus on the main disadvantage of the product or service. It is worth noting that claims must not conflict with consumer rights, as otherwise the complaint will be ineffective.

Often people, having bought a product in a store, begin to realize that it either has serious flaws or is simply not suitable. Contacting the store about this often turns into torture. What can you count on in such a situation? Read about state duty refunds here.

Procedure for filing a complaint:

This application is drawn up in two copies, one is given to the establishment, the second remains with the consumer. It is noteworthy that both copies must contain a mark from the seller indicating that he actually received a copy of the complaint;
You must accurately indicate the full name of the company and legal address. This data must be present in the “Buyer’s Corner”, which is usually located in the company’s office or sales area;
indicate information for feedback: full name, contact phone number, actual residential address;
briefly describe the essence of the problem;
in case a special examination is needed to assess the quality of the product, it is better to present one of the most important defects;
It is imperative to indicate the expected time frame for consideration and resolution of this complaint (often this figure does not exceed 10 working or calendar days);
At the end of the document you must put a date and signature.

In order for the complaint to be considered as quickly as possible, it is better to attach copies of the necessary documents: an agreement or a check. Under no circumstances should you give away the original of these papers.

The end result may be that the consumer requires a replacement product or simply corrects the cause of the conflict. In addition, when writing a complaint, it is better to call one of your relatives or close friends who can confirm your testimony if the case goes to court.