Where to Contact If Your Entrance Smells of Sewerage

Strong Sewage Smell in the Entrance Where to Contact

Timely payment of fees for the maintenance of common property should guarantee residents the right to live in a clean and comfortable residential building that is safe for life and health. However, many management organizations prefer to collect money and not fulfill their responsibilities. Therefore, grounds for complaint may be an unpleasant smell in the entrance, resulting from:

Where to complain about the smell of sewerage in the entrance
The apartment smells like sewage, where can I complain?
The entrance smells like sewage, where can I complain?

There are three ways to complain about an unpleasant smell at the entrance: orally, in writing and via the Internet, in six instances. Initially, we address the claim to the management organization. When it is inactive, we write to Rospotrebnadzor, SES or Housing Inspectorate. If no response is received, then we complain to the prosecutor's office. Filing a claim in court will be required if harm or property damage is caused.

Complaint about an unpleasant smell in the entrance (read more...)

Causes of odor

The smell of sewerage that appears in the entrance can occur due to a number of reasons, these include:

The seal in the sewer pipes is broken, which allows the contents to leak out and spread the smell,
Sometimes homeless animals die in the basements, the decomposition of their corpses causes a terrible smell,
Also, the excrement of animals, and sometimes people, who relieve themselves in the basements of houses leads to a stench,
After clearing blockages in the pipes, those in charge do not clean the basement itself, which leads to stagnation of leaked waste and excrement.

The appearance of the smell of sewage in the entrance premises is a fairly common phenomenon, and it should not be ignored, since such an incident can lead to the appearance of odors in apartment premises, and also due to the dampness of the basements, mold will appear, which can spread throughout the residential premises. premises on the first floors.

How to draw up a flood report for an apartment?

Where to contact if the management company is inactive, read here.

What is included in the services for the maintenance and repair of residential premises, read the link: https://novocom.org/nedvizhimoe-imushhestvo/zhilaya-nedvizhimost/kak-soderzhat-i-proizvodit-remontnye-raboty-v-kvartire.html

Where to complain

Ways to contact

pipeline leaks or sewer blockages;
garbage receptacle clogged;
non-functional ventilation;
dampness in the basement;
improper installation of utilities (during renovation or a new home);
clutter in the entrance, basement, attic;
the presence of animal corpses, rotting food, and garbage in common areas.

The management organization is responsible for maintaining a favorable microclimate in the premises of an apartment building. The presence of unpleasant odors that persist for a long time and are not eliminated indicates a failure to comply with the terms of the management agreement. In this regard, the management company (HOA) faces liability for:

Sample application (complaint) if there is an unpleasant smell from the basement

(name of body, full name of the head) From _________________________________________ Tel._________________________________________ E-mail _____________________________________

Application for committing an administrative offense under Article 7.22 of the Code of Administrative Offenses “Violation of the rules for the maintenance and repair of residential buildings”

At the address __________________________, the management organization violates the norms of the Housing Code of the Russian Federation and the Rules and Standards of Technical Operation of the Fund, namely in the entrance: smell from the basement.

In accordance with clause 3.4. Rules and standards for the technical operation of the housing stock, approved by Decree of the State Construction Committee of the Russian Federation of September 27, 2003 N 170, the organization for servicing the housing stock is obliged to ensure the temperature and humidity conditions of basements and technical underground spaces, preventing condensation from condensation on the surfaces of enclosing structures; cleanliness and accessibility of access to all elements of the basement and technical underground; protection of premises from penetration of rodents, cats, dogs. Basements and technical undergrounds must have temperature and humidity conditions in accordance with established requirements.

Basements and technical undergrounds must be ventilated regularly throughout the year using exhaust ducts, ventilation holes in windows and basements or other devices, ensuring at least one air exchange. In the event of condensation on the surfaces of structures or the appearance of mold, it is necessary to eliminate sources of air humidification and ensure intensive ventilation of the basement or technical underground through windows and doors, installing door leaves and window sashes with grilles or blinds in them.

Paragraph 1 of Article 161 of the Housing Code of the Russian Federation states that “The management of an apartment building must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building.”

By virtue of the requirements of Article 162 of the Housing Code of the Russian Federation, under an agreement for the management of an apartment building, one party (the management organization) on the instructions of the other party (the owners of the premises in the apartment building, the management bodies of the homeowners’ association or the management bodies of a housing cooperative or the management bodies of another specialized consumer cooperative) within for an agreed period of time, for a fee, undertakes to provide services and perform work on the proper maintenance and repair of common property in such a building, to provide utilities to the owners of premises in such a house and to persons using the premises in this house, and to carry out other activities aimed at achieving the goals of managing an apartment building.

In turn, the requirements and standards for the maintenance and servicing of the housing stock are determined by the Rules and Standards for the Technical Operation of the Housing Stock, approved by Resolution of the State Committee of the Russian Federation for Construction and Housing and Communal Sector dated September 27, 2003 No. 170, which are registered with the Ministry of Justice of the Russian Federation on October 15 2003 No. 5176, published in Rossiyskaya Gazeta dated October 23, 2003 No. 214 and are binding on management organizations.

By virtue of the requirements of Article 156 of the Housing Code of the Russian Federation, fees for the maintenance and repair of residential premises are set in an amount that ensures the maintenance of common property in an apartment building in accordance with the requirements of the law.

Clause 10 of the “Rules for the maintenance of common property in an apartment building” approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 provides that common property must be maintained in accordance with the requirements of the legislation of the Russian Federation (including on the sanitary and epidemiological welfare of the population, technical regulation, protection of consumer rights) in a state that ensures: compliance with the reliability and safety characteristics of an apartment building; safety for the life and health of citizens, safety of property of individuals or legal entities, state, municipal and other property; compliance with the rights and legitimate interests of premises owners, as well as other persons; constant readiness of utilities, metering devices and other equipment included in the common property to provide utilities (supply of utility resources) to citizens living in an apartment building.

Thus, the management organization is obliged to maintain the common property of the owners in proper condition and has the necessary means and resources for this.

Clause 42 of the “Rules for the maintenance of common property in an apartment building” establishes that management organizations and persons providing services and performing work in the direct management of an apartment building are responsible to the owners of the premises for violation of their obligations and are responsible for the proper maintenance of common property in accordance with the law Russian Federation and the treaty.

Regulatory acts of Russian legislation in the field of housing and communal services, including the Housing Code of the Russian Federation and the Rules and Standards for the Technical Operation of the Housing Stock, do not provide for the need to hold a general meeting of owners of an apartment building and to carry out work on the maintenance of the common property of the owners of an apartment building and determine the volume financing of these works.

Since the list of works related to the maintenance and current repairs of common property is not clearly delineated by law, I consider it necessary to note that the Presidium of the Supreme Arbitration Court of the Russian Federation in Resolution No. 6464/10 of September 29, 2010, interpreted the norms of Russian legislation on the issue of carrying out routine repairs common property.

In particular, the Resolution states: “a systematic interpretation of the totality of the above provisions indicates that Article 162 of the Housing Code refers only to work and services provided by the management company in addition to those that normally ensure compliance with regulatory requirements for the maintenance and operation of the house .

All current, urgent, mandatory seasonal work and services are considered provided for in the contract by virtue of the standards for maintaining the house as an object and must be carried out by management companies, regardless of whether the contract mentions the relevant specific actions and whether there is a special decision of the general meeting of owners on the need for their implementation rooms in the house.

Management organizations act in these relations as specialized commercial organizations that manage apartment buildings as their main business activity. Therefore, determining in the contract the proper amount of payment for the foreseeable under normal conditions, normally necessary maintenance and current repairs of a residential building, taking into account its natural wear and tear, is their business risk.”

The opposite interpretation of the laws - “until the general meeting of homeowners votes with the required number of votes on the need for any service and it becomes a condition of the contract with corresponding additional financing at the expense of homeowners, the management company is not obliged to provide such a service,” was recognized by the Presidium of the Supreme Arbitration Court of the Russian Federation as incorrect.

This legal position of the Presidium of the Supreme Arbitration Court of the Russian Federation is generally binding.

Article 2 of the “Regulations on State Housing Supervision”, approved by Decree of the Government of the Russian Federation No. 493 of June 11, 2013, states: “The tasks of state housing supervision are to prevent, identify and suppress violations by government bodies, local governments, as well as legal entities, individual entrepreneurs and citizens established in accordance with housing legislation, legislation on energy saving and on increasing energy efficiency requirements for the use and safety of the housing stock, regardless of its form of ownership, including requirements for residential premises, their use and maintenance, use and maintenance of the common property of premises owners in apartment buildings, the formation of capital repair funds, the creation and operation of legal entities, individual entrepreneurs managing apartment buildings, providing services and (or) performing work on the maintenance and repair of common property in apartment buildings, providing utilities to owners and users of premises in apartment buildings and residential buildings, specialized non-profit organizations that carry out activities aimed at ensuring the overhaul of common property in apartment buildings, as well as the requirements for energy efficiency and equipping the premises of apartment buildings and residential buildings with metering devices for the energy resources used.”

In addition, in accordance with Article 28.4 of the Code of Administrative Offenses of the Russian Federation, the Prosecutor's Office has the right to initiate proceedings for any administrative offense.

Violation by persons responsible for the maintenance of residential buildings of the rules for the maintenance and repair of residential buildings and (or) residential premises constitutes an administrative offense, liability for which is provided for in Article 7.22 of the Code of Administrative Offenses of the Russian Federation.

In connection with the above, on the basis of the Decree of the Government of the Russian Federation of September 26, 1994 No. 1086 “On the State Housing Inspectorate in the Russian Federation”, the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation”, I ask:

— organize an on-site verification of the stated facts;

— issue an order to carry out the necessary activities and work, set deadlines for their implementation;

— initiate administrative proceedings under Article 7.22 of the Code of Administrative Offenses of the Russian Federation, identify the perpetrators and bring them to administrative responsibility.

You can file complaints about the inaction of your housing office, management company and homeowners association in the field of housing and communal services to the prosecutor's office or Rospotrebnadzor in your region.

Strong Sewage Smell in the Entrance Where to Contact

Please note: according to the law on the protection of consumer rights, the plaintiff does not pay the state duty (clause 3 of article 17).

Rospotrebnadzor is a state supervisory body that, among other things, protects the rights of consumers of goods and services. (How to complain to Rospotrebnadzor) Homeowners are consumers of the services and work of housing and communal services authorities on the basis of a management agreement. In case of failure to fulfill the duties of housing management, which includes maintaining normal sanitary and hygienic conditions, citizens can file a complaint against the actions of the management company (HOA) with Rospotrebnadzor. This body may oblige the Criminal Code to fulfill its duties in accordance with the law, and also impose an administrative fine under Art. 7.22 Code of Administrative Offences.

Where to complain about the smell of sewerage in the entrance
The apartment smells like sewage, where can I complain?
The entrance smells like sewage, where can I complain?

Causes of unpleasant odors (read more...)

How to write an application to the Criminal Code?

Good afternoon. Our entrance smells like sewerage, how do I write an application to the Criminal Code?

Where is the State Housing Inspectorate?

"Housing and Communal Services and Energy Management"

“Prosecutor’s office” - (select the desired institution)

Zip code, city, street, house, apartment

under Article 7.23 of the Code of Administrative Offenses “Violation of standards for providing the population with public utilities”

In accordance with paragraph 31 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings adopted by Decree of the Government of the Russian Federation on May 23, 2006 No. 307, an organization providing utility services to consumers is obliged, independently or with the involvement of other persons, to carry out maintenance of in-house engineering systems , with the use of which utility services are provided to the consumer, as well as recalculate the amount of payment for utility services, including in connection with the provision of utility services of inadequate quality and (or) with interruptions exceeding the permissible duration.

In accordance with Article 154 of the Housing Code of the Russian Federation, payment for residential premises includes payment for the maintenance and current repairs of common property in an apartment building, as well as payment for utilities.

In this regard, the implementation of work to eliminate this violation does not require additional financing from the owner.

Article 5 of the Government of the Russian Federation of September 26, 1994 No. 1086 “On the state housing inspection in the Russian Federation” states: “state housing inspection bodies monitor compliance with the standard level and regime for providing the population with utilities (heating, electricity, water, gas supply etc.)".

Clause 149 of the Rules establishes that the contractor, the organization providing utility services, bears responsibility for violations of the quality of provision of utility services to the consumer, including administrative responsibility.

Violation by persons responsible for the provision of utility services of the standards for providing the population with utility services constitutes an administrative offense, liability for which is provided for in Article 7.23 of the Code of Administrative Offenses of the Russian Federation.

— organize an on-site verification of the stated facts;

— eliminate the cause of the malfunction;

— issue an order to carry out the necessary measures and work to eliminate the violation and carry out recalculation, set deadlines for their implementation;

— initiate administrative proceedings under Article 7.23 of the Code of Administrative Offenses of the Russian Federation, identify the perpetrators and bring them to administrative responsibility.

This is a rough guide and you will need to adjust it to suit your situation. The last points can be removed (as well as some in the text of the complaint itself) and only elimination can be left if the complaint is sent only to the Criminal Code.

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Sources:

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To court

name and address of the branch;
owner details (full name, address);
the essence of the appeal with references to legal norms and with an indication of claims in the Criminal Code that did not produce results;
the operative part with a request to conduct an audit of the activities of the management company;
attached documents (copy of application, acts, etc.);
date and signature.

There is no strict procedure for drawing up such statements, so the statement is drawn up in free form. The complaint to the Criminal Code must contain the following points:

How to file a complaint?

If the entrance stinks of sewage, and the housing and communal services do not respond, then the time has come to file a complaint. This is a document that indicates claims against the management company. Compiled in writing.

The content of the complaint is divided into the following parts:

"a cap";
main part;
final provisions.

The beginning of the text, or “header,” contains details - mandatory information about the applicant. Contact information (address, full name) is written down. Details are written in the upper right corner of the text. The addressee is the head of the management organization. Next comes the title, which is written in the center.

The core of the document is a description of events and links to regulations. The circumstances of the case that prompted the filing of the complaint are stated. In the case of the management company, this will be ignoring the demands of residents and improper performance of duties. In addition, the fact of violation of sanitary standards is indicated. It is recommended to stipulate that the management company is legally obliged to provide the house with the necessary conditions for living.

The final provisions contain the substance of the claim. In this case, this will be a requirement to eliminate the unpleasant smell of sewerage. The text ends with the date of application and the signature of the applicant. If the document was compiled collectively, then the signatures of all participants are affixed.

It is recommended to separate applications into a separate section . They are documents and evidence that prove the fact of stench and discomfort among residents of an apartment building.

The act is reviewed by the Criminal Code within 4-5 working days.

It is important to approach filing a claim correctly. It is recommended to use a standard template, which will facilitate the preparation of the document. This will also help to avoid refusal from the head of the management company.

To Rospotrebnadzor

Responsibility for violations

Administrative – violation of the rules for maintaining residential premises (Article 7.22 of the Code of Administrative Offenses of the Russian Federation), fine up to 5 thousand rubles. for officials and up to 50 thousand rubles. for organizations.
Civil law – compensation for losses caused by failure to fulfill the terms of the contract, the obligation to perform work (Articles 393, 396 of the Civil Code of the Russian Federation).

Its manifestation will be felt by residents of the first and even middle floors, as well as everyone who enters the entrance. If the leak in the sewer system is not repaired as soon as possible, things in apartments may become saturated with an unpleasant odor , which will ruin their performance characteristics.

Strong Sewage Smell in the Entrance Where to Contact

The main thing is to first contact the management company (or the housing and communal services office at the house), then the regulatory authority. The final authority is Rospotrebnadzor. All complaints are registered so that they have the force of evidence.

An unpleasant surprise for residents of an apartment building can be a terrible stench coming from the basement on the first floor. Unpleasant odors already accumulate in the basement due to poor ventilation, dampness from the ground, and groundwater .

Causes of stench from the basement (read more...)

Where to go for help?

Any work related to the engineering systems of an apartment building should be performed by professionals .

Where to complain about the smell of sewerage in the entrance
The apartment smells like sewage, where can I complain?
The entrance smells like sewage, where can I complain?

According to the law, the management company or other organization servicing the house is responsible for the condition of the basement. These structures should be contacted if an odor is detected in the basement.

Removing odor caused by clogs

ATTENTION! The management company is not responsible for defects resulting from construction work carried out in bad faith.

The basement should be dry and clean. There should be no unpleasant odor. This is written in the Rules and Regulations for the Technical Operation of Housing.

Condensation collects on utility pipes laid through the basement area, which further humidifies the air. But the problem becomes very acute when there is a sewer leak in the basement.

These violations and the inaction of the management company employees create an unfavorable environment for our living in this apartment building. The house is predominantly inhabited by pensioners and families with young children. Utility payments by persons living in the house are paid on time.