Where to complain to neighbors about redevelopment

According to the technical plan, each house has load-bearing walls and structures; if one of the neighbors decides to demolish such a load-bearing wall, then the neighbors need to inform the supervisory authorities about this. Let's consider where and in what cases it is better for neighbors to file a complaint.

If you become aware of information that one of your neighbors is making uncoordinated illegal remodeling in their apartment, then you can go to one of the following organizations to file a complaint.

Management Company

Any management company is responsible for the safety and integrity of houses and buildings, as well as the people living in them, which it serves.
If one of the residents of the house contacted the management company and wrote a complaint against one of his neighbors that illegal redevelopment was being done next to him, then the responsibility of the management company’s employees must check this data. For this purpose, a written notification will be sent to the owner of the apartment specified in the complaint, where the owner will be informed of the date and time of arrival of the inspection commission.

On the specified date, the inspection commission will come to the owner of the apartment, he must invite them to his home, and if the management company employees see that the house is actually undergoing redevelopment, then it will be necessary to show permits for the redevelopment, or clarify that there is no redevelopment in his home. he doesn't do it in an apartment. And the noise that neighbors heard occurred when windows or doors were replaced. That is, what the neighbors heard was in no way connected with the destruction of the wall or the removal of plumbing fixtures into the room.

If the owner of the apartment does not allow the visiting commission from the management company to come to his home, then a complaint from the management company itself will be filed with the housing inspectorate.

Important! It is not profitable for the apartment owner to start this situation when the management company writes an application to the housing inspectorate, because after that it will no longer be possible to stop the process.

Complaint to the housing inspection

Each neighbor can complain to the housing inspectorate independently, or the management company can send an application. The documents must include all the factual information, who exactly is filing the complaint, the address of the apartment where the illegal redevelopment is taking place, the reason for filing the complaint, what the possible damage to the house or structure will be, and more.

If anyone has photographs that prove illegal redevelopment, then they need to be supported by the complaint. The housing inspectorate will respond faster to a complaint if it is made by several residents and neighbors, that is, it is a collective complaint.

Having accepted and considered the appeal of the residents of the house about illegal redevelopment, the housing inspectorate will send a notice to the owner of the apartment that they will come to him with an inspection, and it will be indicated on what day and at what time. If the owner of the apartment is not at home at the time specified in the will, the commission will once again set a new date for its visit.

If the owner of the apartment did not allow the inspection commission to visit him, but in practice this happens very rarely, then after the second visit the commission removes this case from its control and sends the information to the court. In the future, in the worst case scenario, the homeowner may receive a court decision that he must sell his apartment, before doing so he must return everything to its place, as it was before the redevelopment.

If the owner of the apartment allowed a commission into his house, and it was determined that redevelopment was taking place, and there is no permitting documentation, then the inspector issues a fine to the person in the amount of 2,500 rubles and a report. And after the owner of the apartment has paid the fine, he will definitely need to legalize the redevelopment done. However, this must be done within six months.

There may also be a situation where the commission that arrives will not find any violations in the actions of the apartment owner. At the same time, the neighbors of such a tenant found cracks on the wall, which means that the neighbors should take more decisive action.

Filing a complaint to the prosecutor's office

If previous actions did not produce any results, then the neighbors of the tenant who made illegal redevelopment and caused damage can write a complaint about his action to the district prosecutor's office. And in order not to delay the process, when the prosecutor’s office sends you a letter stating that you first need to contact the housing inspectorate, the application to the prosecutor’s office must immediately be accompanied by an official response from the housing inspectorate and an inspection report, if one took place.

Right to complain

Important! All citizens of our country, according to the Constitution, have the right to file a complaint with the prosecutor’s office if their interests were violated by the unlawful actions of other persons, entrepreneurs and other employees. And according to Federal Law, employees in the prosecutor’s office are required to accept and consider your application and give a reasoned answer.

Submit your documents to the prosecutor's office

You can contact the secretary in person, you can make an appointment with the prosecutor, or you can send all the necessary documents by mail, but always by registered mail, to which you will attach a notice with a list of attachments. The receipt for sending documents received at the post office must be preserved if a trial on this issue is held in the future.

After receiving your appeal to the prosecutor's office

A mandatory check must be carried out, as a result of which the facts you indicate will either be confirmed or not.
Illegal redevelopment and violations of construction standards can cause material damage to neighbors, and can become a real threat to the life and health of living neighbors; in this case, after investigation from the prosecutor's office, the cases will be transferred to the police to initiate criminal proceedings.

Also, after considering your complaint, the case may be referred to the court in order for a decision to be made to eliminate all violations, and a deadline will be specified for this.

Neighbors who decide to file a complaint with the prosecutor's office need to take this process seriously. If you lack legal knowledge, then the complaint may not indicate a violation of an article of law, but be sure to attach all the evidence you have of the information that you indicate in the application. Because if the information you provide to the prosecutor’s office is not confirmed, then you may be accused of slander.

Algorithm of actions when neighbors break through your walls during repairs

Every person has encountered repairs at least once in their life. But it’s one thing if you start this enterprise at your own peril and risk, falling into a serious condition, called by professionals “repair fever” and which for the majority passes over time. And it’s quite another thing if, as a result of such repairs, your walls and ceilings are pierced by “friendly” neighbors whom you greet in the corridor near the elevator, and sometimes you may not even know what they look like.

We will tell you about this in detail and step by step, since such events usually take you by surprise! Because no one warns that they are going to demolish the interior (inter-apartment)

partitions or start a large-scale redevelopment, guided by a completely understandable desire to improve your life. In this case, no one thinks about you, hiring unfortunate workers in unknown ways, who, saving money or out of great professionalism, hammer the walls with sledgehammers and crowbars, cut them with diamond cutters, not caring about the future consequences.

Suppose (as happened recently to a Moscow family)

you were on vacation and absent for several days. You return from a trip and find your apartment, beds, books and other things covered in construction dust, the walls and ceiling of the living room are covered with cracks, pieces of concrete and sand are flying out of them, the wallpaper has also come off. You can clearly hear people talking in the apartment next to you, the sounds of a vacuum cleaner are heard right above your ear. Upon further inspection, it turns out that a piece of the wall the size of a football was knocked out and put back on the inter-apartment wall, the cracks around it were hastily sealed with polyurethane foam and other delights. You are standing in a complete stupor, when suddenly jackhammers begin to work merrily behind the wall...

Construction dust on things in the apartment

Construction debris in the corridor near the elevator - 05.2016

The situation immediately becomes clearer. Now we will call those responsible for this outrage to account! At the same time, you believe that your neighbors are probably adequate people, not poor, if they started their “repair” project at a difficult economic time for the country. You start calling the neighboring apartment, where the sound of repair work is coming from, in order to stop this disgrace and take the neighbor’s repairs into a civilized direction, but... that’s not the case! No one responds to your nervous calls, the doors don’t run wide open, and they don’t bring bread and salt to your doorstep. On the contrary, the drilling intensifies, and you begin to show the first signs of serious anxiety. Calling the police may also not have the desired effect, since no one will open the door to their demands.

What to do? First of all, pull yourself together, no matter how difficult it is! It's easy to say, but it's an important point. You should try to photograph and record the damage done to you on video. Secondly, immediately call the control room of the company managing your house and register with the duty officer (remembering to write down her last and first name)

in the landscaping magazine your message under the incoming number, date and time about the damage caused to you. Thirdly, it makes sense to immediately call the insurance company and clarify whether your case falls under voluntary insurance, which you fill out when receiving a receipt for payment for an apartment, or under special insurance if your apartment is additionally insured for any parameters.

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Fourth, you should call your home management company (MC)

.
In 2020 in Moscow, this is (for the most part)
handled by the various district administrations of the Zhilischnik Management Company. Find out their working hours, urgently come there the next day and write a statement to the general department addressed to the director of the management company indicating what happened. Sample applications usually hang in their reception area. Your application will be registered and given an entry number and date. There you should contact the department involved in repairs and improvement, find out which employee will be responsible for drawing up a report on the repair disgrace that happened, take the phone numbers and names of all officials.

Next, you will have to call the management company and the control room almost every day so that they can send a technician-supervisor and the site manager to draw up a report. The site manager is a busy man. He is exhausted by constant meetings at the council and other life difficulties. Therefore, his appearance in your apartment for inspection and drawing up a report may take at least a month (since your application can legally be considered for at least a month, maybe more, as the secretary of the Criminal Code explained to me)

and depends solely on your persistence!

Sealing cracks with polyurethane foam from neighbors

Cracks in the ceiling

Meanwhile, the neighbors' renovations are progressing at their own pace. Every day there is a terrible noise in your apartment. When you come home from work, you discover seeping construction dust and its smell; fresh cracks and holes appear on the ceiling and walls. The wife complains of constant headaches, the child’s grades drop sharply and his stomach begins to hurt, and even your pet parrot (a cheerful and lively bird) sits sad and has visually lost weight. You feel constantly anxious, people at work tell you that you don’t look well and they collectively sympathize with you. In general, your life does not change dramatically, but it becomes much more “fun”, thanks to the gigantic “friendliness” and “caring” of your wonderful neighbors. And this is just the beginning!

Therefore, in the first part of our article we stop at the stage of drawing up an act of your Criminal Code. A question that will arise in your mind (but not immediately)

It will be to the Criminal Code.
Are you interested in why the Criminal Code does not completely take care of all the legal and repair support for the disgrace that happened? Which seems logical, since in our case the common property (inter-apartment wall)
, which is in charge of the management company, which has its own lawyers, accountants, engineers, repairmen and other specialists, as well as great opportunities to influence careless residents!

To be continued…

Photo by the author.

to Vladimir Magomedov
(Legal Center)
and
Kirill Shtykhno
for their assistance in preparing the article .