JUDICIAL QUESTION
Many times, housing inspection specialists tried to get into one of the apartments at building 160 on Nevsky Prospekt. Not for the sake of whim, but to verify the complaint. The neighbors were worried: they say they are doing illegal redevelopment.
The inspectorate has repeatedly sent proposals to the owner to provide access to the apartment on a voluntary basis, the department’s press service said. - This is necessary to verify the facts stated in the complaint.
The owner, as usual, didn’t bat an eye. My apartment: I do whatever I want, I don’t let anyone in. I had to go to court.
The court confirmed the right of the State Housing Inspectorate to inspect residential premises in order to assess how well it complies with the requirements established by law, experts explained. - True, the owner filed an appeal, but the city court upheld the decision of the first instance court.
WHOM TO LET IN
“I don’t want to open the door for anyone,” St. Petersburg resident Alexey Krotov raged when he was asked to let a commission into the bathroom to figure out why there was a flood on the floor below. - Everything is dry for me! My renovation is done! Now everything will be broken, but who will fix it? Again at your own expense?
The fact that an apartment is private property does not, as a rule, need to be explained to citizens.
I won't let you in! - they say, slamming the door in front of the employees of the management organization, or even not opening it at all. Sometimes these are reasonable measures, and sometimes they are overkill. Let's remember who we should let into the house.
Utility workers, management company employees, housing inspectors, etc.
It all depends on the purpose of the visit. If representatives of these organizations came to check, there is no point in turning them away. By law, they have the right to monitor how citizens comply with housing legislation. Especially if your neighbors complained about you for some reason.
If it is some kind of emergency, such as a burst pipe, it is also better to let in. Otherwise, you will then have to fork out money for someone else’s damaged property. Because even if your floor is dry, it is possible that the problem is hidden between floors and can only be noticed from your apartment.
Firefighters and rescuers
Yes, and without any thought. Delay in such a situation can be like death. And in this case, this is not just a beautiful expression, but a harsh reality.
Policemen
Only if they have a warrant or again it's some kind of emergency.
COME IN ACCORDANCE WITH THE LAW
It is clear that in the event of an emergency no one will write any letters. They will ring the doorbell right away; at best, they will pre-dial your phone number to make sure you are at home. But the organization must notify the employee in writing about a planned visit. And it’s not like “they will come to you in three days, be at home at a specific time.” The paper must indicate the telephone number by which you can coordinate the visit, as well as its purpose: inspection of plumbing equipment, repair work. After this, you have seven days to indicate when it is convenient for you to receive a “guest”. Don’t delay too much, you need to do it within ten days.
It will not be possible to refuse at all; in such cases, the courts willingly meet the utility companies halfway and oblige residents to provide access to the apartment: they are guided by the Housing Code and the Rules for the provision of utility services. The first gives the right to officials to visit residential premises with the consent of the owner, the second allows them to come to us once every three months - for inspections, as necessary - for repair work and at any time - to eliminate accidents.
If some kind of accident occurs in the house and experts prove that it happened because you did not let them into the apartment, you will have to cover the losses. And in full.
ON A NOTE
How to influence an uncooperative neighbor
Due to the fact that someone does not want to let workers into the apartment, the entire building cannot fix the clogged drain. And now you are ready to go and negotiate with the stubborn person. But is it worth it?
No! It is not you who should negotiate, but the employees of the management company or HOA. If an agreement fails, there is only one way out - court. If you want to win, consider the following simple points:
Before submitting an application, draw up a document stating that your neighbor does not allow representatives of the management company to access the common property of the house. Ideally, the “hero” himself should read and sign this act, but if he refuses, note this in the act and ask other residents to sign
The application must describe the current situation in detail and prove that access to the apartment is not a whim and the work is really necessary.
The result will almost certainly be in your favor, but you will have to wait a couple of months, or even more. And all this time, if the intractable neighbor does not make concessions, you will have to live with an unresolved problem.
For example, gas service employees ring your doorbell, but you weren’t expecting them and you don’t smell gas? Ask to see your ID through the peephole, ask for the visitor’s last name, first name, and patronymic and call the appropriate service back to make sure that these are really their employees. These precautions apply to any uninvited guests, including law enforcement officials. By the way, most often criminals introduce themselves as utility workers and social workers.
A significant number of property disputes considered by the world and district courts are caused by claims for compensation for damage caused by flooding of an apartment. This is a state of emergency with unpleasant and destructive consequences for the decoration of the apartment, the repairs carried out and technical devices. . Call us by phone or order and we will advise you on what to do in an emergency.
To save the apartment and compensate for the damage caused to it, it is necessary to stop the flood. However, this task can confuse the injured party if the neighbors from whose apartment there is flooding are not at home.
Primary actions
1) Notify the management company about a leak of water or sewage waste; to do this, you need to call the public service department in your area;
2) Shut off the water throughout the entrance riser - housing and communal services workers cope with this task;
3) A short circuit may occur in the electrical wiring. Therefore, it would be prudent to turn off the power supply at the panel.
Often, neighbors who leave their apartments for a long time usually leave contact information in case of unforeseen circumstances to the employees of the management company or the concierge. Often, some time before the start of the holiday season, representatives of management companies or HOAs survey or take contact information of apartment residents. Notifying the management organization in a situation where neighbors are flooded and they are not at home is mandatory.
Sometimes it’s enough just to wait a few days and the neighbors will return.
If the neighbors are not at home, to stop the flooding it is necessary to close the riser, and in some cases break the door
Algorithm for gaining access to the apartment
If it is not possible to gain access to the apartment, we suggest taking the following actions:
- Contacting the district police department to provide a local police officer to open the apartment. We prepared a statement to the district police officer regarding the bay:
- It is necessary to conclude an agreement with an organization specializing in opening locks and call their specialist to the exit of the local police officer
- A special commission is created, which includes
- House council members
- Chairman of the HOA
- District
- Plumbing service specialists
- Opening the apartment and replacing the lock (the keys are handed over to the neighbors upon their return), drawing up an opening report with the signatures of the commission members
- Inspecting the neighbors' apartment for water leaks and eliminating the cause of flooding, drawing up a corresponding report
Management companies undertake such a procedure in extremely rare cases, due to possible retaliatory complaints (the effect of the imperative norm of Article 25 of the Constitution on the inviolability of housing) from the owner of the apartment. To avoid this, it is recommended to videotape the opening of the house of the person responsible for the flooding.
Also, the Housing Code (Part 3, Article 3) prescribes that in situations where saving the property of citizens is required, the need to enter private housing in the absence of the owners will be legal. The Police Act specifically provides for the ability of police officers to enter citizens' homes to ensure safety in case of accidents. Decree of the State Construction Committee No. 170 requires that problems in hot water supply and hot water supply systems be immediately corrected. In accordance with Government Decree No. 354, the absence of cold water in the event of an emergency is allowed for no more than four hours and no more than 8 hours during the month.
If the management organization ignores your requests, you have the right to file a formal complaint with the Moscow Housing Inspectorate for services not provided to eliminate, record flooding and calculate the estimate of damage caused. Such negligence is a violation of Housing Law. To protect your rights, call or order.
Drawing up an act on the bay without neighbors
After eliminating the main threat to the property, it is necessary to draw up a report on the fact of flooding of your apartment, which should display the following information:
- condition of walls and ceiling
- condition of property, damaged wallpaper
- damage to utilities
- it must indicate the cause and culprit of the flooding
This document has very important procedural significance for further collection and must be signed by the chief engineer or director of the management company and certified by the seals of the organization. This document must have several copies certified by the seal of the Criminal Code “Copy is true.”
The Constitution of the Russian Federation enshrines the right of the owner not to allow unauthorized persons into his apartment or house. The saying “my home is my castle” is an expression that is justified at the highest level. It turns out that the owner has the right to refuse anyone who encroaches on the inviolability of the home. The contrary is interpreted as an illegal action for which criminal punishment is imposed. But not everything is so simple, there are a number of people for whom “all doors are open.” Let's figure out who we can refuse and who we must let in.
Parents always teach their children not to respond to tearful pleas at the door and categorically forbid opening the door to anyone. And this is correct: a child in the house has the right not to open the door at all.
But is this applicable for adult Russians? Refusal to enter a home is illegal in some cases, but the situation must be exceptional. So, who has the right to enter the house/apartment despite the right given by the Constitution.
Police officers, federal security service
People in uniform have the right to enter residential premises, regardless of the will of the owner. But only if exceptional circumstances force this:
- Ensuring safety in emergency situations, saving lives and property of people.
- To suppress criminal activities and detain persons suspected of committing crimes.
- When determining the circumstances and causes of the accident.
If you refuse to let in, they will break down your door. Unimpeded passage is also permissible as part of investigative actions in a criminal case. Purpose: conducting a search, inspection of housing, seizure of documents and valuables.
Important! Before letting people in uniform in, you should carefully review the documents. These are employee certificates, court decisions, and an investigator’s order to carry out actions. Representatives of security and law enforcement agencies are required to notify residents of the purpose of the visit.
Documents are provided in expanded form so that the citizen can read everything that is written. You can call the police department to clarify the legality of the action.
Bailiffs
They have the right of access only within the framework of enforcement proceedings. Forced entry by bailiffs must be justified by appropriate permission from the senior bailiff. The document is presented to the owner of the property for review, and the permit can be taken in hand.
Rescue services, firefighters, Ministry of Emergency Situations
There are no questions here - the doors are open to people during rescue operations. The permit is confirmed at the legislative level and applies to any residential premises.
Utility workers
The situation with utility employees causes the greatest number of disputes. The owner refuses to let in the water utility worker, gas service worker and others. But this is not always legal. The tenant is obliged to provide unobstructed access to the apartment if necessary:
- inspect the equipment inside the apartment (no more than once every 3 months);
- to eliminate accidents, repairs - as needed;
- to confirm the accuracy of the meter readings;
- to check the proper maintenance of equipment (once a quarter);
- if necessary, inform and check the number of residents if the residential premises are not equipped with metering devices;
- if there is common property in the apartment (valves, risers) in order to check the integrity and operability of the system.
Do not let in - permission will be obtained through the court, but all legal costs and expenses will be reimbursed by the owner of the property who refused to open the door to employees of public utilities.
Important! Before entering the apartment, the owner must be notified of the expected date of the visit and agree on a convenient time.
In exceptional cases, when a breakthrough occurs, utility workers may ask for permission to enter in emergency mode. In all other situations, the owner has the right to call the housing office or management company and request information about the eligibility of the visit. Unfortunately, there are too many scammers posing as service employees, so you can’t let down your guard.
Video about illegal entry into an apartment
In our lives, quite often we may encounter various emergency situations in the housing and communal services system - whether it is a water leak or a gas leak from a neighbor. How can ordinary consumers and conscientious payers become familiar with their existing rights and responsibilities in the event of an accident in an apartment? In what cases is it legal to open apartment doors and who has the right of access to the apartment in the absence of residents? Our specialists will help you find answers to these questions.
- Tell me, if a neighbor’s pipe bursts above – there is a heating or water supply failure, and he is not at home at the time, what actions need to be taken?
First of all, you need to call the housing and communal services department so that they will shut off the riser and turn off the heating and water. Before opening the door, employees of the DEZ, State Budgetary Institution Zhilischnik or Criminal Code need to interview all neighbors to clarify the apartment in which the accident occurred. After this, within a day - if the cold water is turned off, or three days - if the hot water is turned off, they conduct a search for the owner of the apartment or his relatives. Since the entire entrance is forced to sit without water all this time, most often the residents themselves make every effort to find their missing neighbor so that he can open the door for the plumber.
How long does it take to fix a water supply accident according to the law, or how long can residents remain without water?
In accordance with Government Decree No. 354 The permissible duration of shutting off the cold water supply is no more than 4 hours in an emergency and no more than 8 hours during a month.
Gosstroy Resolution No. 170 defines the deadline for troubleshooting when performing unscheduled (unforeseen) routine repairs of individual parts of residential buildings and their equipment in case of accidents in hot water supply and cold water systems as “immediately”.
- What if the neighbor still hasn’t been found?
Then the doors of the apartment are directly opened by employees of the State Budgetary Institution Zhilischnik, DEZ or Criminal Code. It is important to remember that this procedure is carried out under the control of the district police officer and two witnesses. After opening the front door of an emergency apartment, a caretaker technician or other authorized representative of the management organization is obliged to seal the entrance to other rooms to prevent unauthorized access and the possible theft of property.
The duties of the district police officer, according to Article 15 of the Police Law, include monitoring the safety of the property of the apartment owner. After completing the work, he also puts his signature in a specially drawn up act.
Apartment opening act compiled by employees of the Management Company or service organization. It states exactly why the door locks were broken and describes any damage. Not only the district police officer, but also employees of the State Budgetary Institution Zhilischnik or the Criminal Code and witnesses must put their signature. After the work is completed, a copy of the act remains in the apartment, and the front door of the apartment is blocked and sealed. To do this, most often the door and jamb are pasted over with a paper strip on which there is the date of opening of the apartment, a seal, the coordinates of the DEZ and our company performing the opening of the lock. We strive to do all the work with the highest quality possible, so that residents have no complaints when they return home.
- What happens if the lock cannot be opened without damage?
As a rule, in this case we are instructed to install a new lock. After this, the door is sealed, and the keys are stored in the State Budgetary Institution Zhilishchnik, DEZ or Criminal Code until the owner appears. If urgent installation of a lock is not possible - the lock model is outdated and the door needs to be disassembled or rebuilt for a new seat, then the door is blocked and sealed before the residents arrive so that no one else can enter the apartment.
It is worth remembering that according to Art. 1067 of the Civil Code of the Russian Federation, State Budgetary Budgetary Institution The housing owner or the management company is not liable for damage to the apartment during the opening of the door and liquidation of the accident if there was a threat to the property or health of neighbors. This means that the installation of a new lock or door will be carried out by the owner of the apartment at his own expense. If the lock was installed by the management company, it may demand compensation for this.
- What to do if something is missing or furniture is damaged?
The district police officer must monitor this. However, if a furniture set that is not related to the accident was damaged, or some item was missing, the DEZ, Criminal Code or State Budgetary Institution of Housing will be obliged to answer for the actions of its employees. This is stated in Art. 1068 of the Civil Code of the Russian Federation, which indicates that legal entities are obliged to fully compensate for harm resulting from the actions of employees during their performance of official duties. It is worth remembering that this is a very delicate point that requires separate legal advice, since most likely it is necessary to prove that the property was not broken due to necessity.
- What should the returning owner of an opened apartment do?
First of all, contact the service organization to obtain a copy of the autopsy report. The coordinates of the GBU Zhilishchnik, UK, DEZ are indicated on the paper sealing the door. There you can also get the keys to the new lock, if one has been installed.
Based on this conversation and the provisions on the procedure for opening an apartment in the absence of residents, you can create a sequence of actions. In case of flooding of the apartment due to absent neighbors from above, you will need:
In what cases may access to the apartment be required?
If there is a need for repair or emergency work, the tenant and owner of the apartment must provide access to the apartment for special and repair teams. If this does not happen, then the issue of repairing or replacing common building equipment inside a particular apartment will have to go to court.
As a rule, the owners of residential premises do not allow repair work to be carried out, citing the fact that the apartment is their property, and, therefore, they have the right to independently decide how to own, use and dispose of it.
Use it, but not to the detriment of others
It is worth noting that when going to court, the decision will most likely be made in favor of the organization that is asking for access to the apartment and here’s why.
Article 209 of the Civil Code of the Russian Federation provides that the owner has the rights to own, use and dispose of his property. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons.
In accordance with Part 3 of Article 17 of the Constitution of the Russian Federation, the exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons.
Consequently, compliance with one’s rights as owners of residential premises should not run counter to the interests and rights of other persons, otherwise one can speak of abuse of rights.
If the court, considering a statement of claim for refusal to allow persons into the apartment to carry out repairs of common equipment, finds that the actions of the defendant violate the rights of other persons - the owners of the premises of the house, then the court may come to the conclusion that the plaintiff’s claims are satisfied.
Rules for maintaining common property
According to clauses 10-12 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, common property must be maintained in accordance with the requirements of the legislation of the Russian Federation in a condition that ensures the constant readiness of utilities, metering devices and other equipment included in the common property, for the provision of utilities (supply of utility resources) to citizens living in an apartment building, in accordance with the Rules for the provision of utility services to citizens.
The maintenance of common property, depending on the composition, design features, degree of physical wear and tear and technical condition of the common property, as well as depending on the geodetic and climatic conditions of the location of the apartment building, includes current and major repairs, preparation for seasonal operation and maintenance of the common property . Owners of premises have the right to independently carry out actions for the maintenance and repair of common property or to attract other persons to provide services and carry out work for the maintenance and repair of common property, taking into account the chosen method of managing an apartment building.
If the court finds that the defendant does not fulfill the obligations established by law and thereby violates the rights of other persons, then it will oblige workers to be allowed into the apartment to carry out repair work.
Grounds for going to court
The basis for going to court is damage caused by the actions of one owner to other owners of apartments located in an apartment building, or to the common property of the owners of an apartment building. An appeal to the court may be aimed at preventing the occurrence of such damage.
If the tenant or his family members are not allowed into the apartment for repair work, then the landlord, the owner of the residential premises, must go to court, since according to the law, the burden of proper maintenance of the common property lies on him.
A statement of claim against the owner of a premises who does not provide access for repairs of common equipment can be filed either by the HOA itself or by the management company with which the homeowners association has entered into a corresponding agreement.
A citizen can also go to court, for example, if the actions (or most likely, inaction) of a neighbor caused him material damage. In this case, the claim will not be about the obligation to provide access to the apartment, but about compensation for damage.
The most important circumstance that must be proven by the plaintiff in court is necessity carrying out work for which he asks to be allowed into the apartment.
Consequently, the rights of the owner and the inviolability of his home cannot be violated simply because of the whim of the management company.