One of the main factors ensuring a normal and comfortable life for citizens in an apartment building is the presence of a working elevator. Monitoring the quality of elevator equipment and ensuring the safety of citizens is the biggest problem both for residents of the building and for the service companies themselves. If disagreements arise with the management company or with the organization responsible for the good condition of the elevator, it is necessary to prepare a competent complaint and send it to the competent authorities.
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
Where to go if the elevator doesn't work
If they don’t clean the entrance, where can I complain? First of all, the application should be sent to the management company servicing your home. There is a better chance that the problem will be resolved if you unite with your neighbors and write a collective complaint. But, if no one except you is bothered by the fact that the entrance is not cleaned, try sending a complaint on your behalf.
Within two hours (or at a convenient time for the applicant), the management company must send a commission to check the quality and timeliness of all work on cleaning the entrance. If an employee of the management company does not come, then the residents have the right to draw up an act on their own (the signatures of two owners and the building manager are sufficient). A sample act will help you draw up the paper correctly. It is advisable to attach photographs of uncleaned areas with the date and time of shooting.
08.12.2017
Elevator malfunctions are often noticed by mothers with strollers, elderly citizens, as well as residents whose apartments are located on the top floors of high-rise buildings.
We should also not forget that broken equipment can pose a threat to the health and life of residents.
But many are not aware of the question, if there is a complaint about the elevator, where to go first, who is responsible for it.
Malfunctions in the operation of lifting equipment affect the interests of all residents of an apartment building
Introduction
Malfunctions in the operation of lifting equipment affect the interests of all residents of an apartment building, because payment for its proper functioning is included in the fee for the maintenance of common property, which is charged even to residents of the first floors.
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And if for some citizens this state of affairs does not cause severe inconvenience, then for the majority of apartment owners this problem is very serious.
Unfortunately, residents of a building do not often know, if there is a complaint about the elevator or it has been in operation for more than 20 years, where to go and what documents to provide to consider the application.
The condition of the lift in the house must be monitored by the management company
According to legislative acts in the field of housing and communal services, the condition of the lift in the house must be controlled by the management company, which enters into a contract for its maintenance with a specialized organization. Full information about the company can be found either on bills for housing and communal services, or on the information sheet in the elevator cabin. Data about your management company should be posted on the official website of Housing and Communal Services Reform.
If there is a complaint about the functioning of the elevator, a breakdown of the elevator, in case of failure to respond to requests from residents on the part of the management company, as well as in the absence of information about the management company, you must contact Rostechnadzor.
Each elevator cabin must contain the following information:
- information plate with the exact address of the service company, emergency number and email address;
- emergency button.
When signing an agreement with an organization, it is necessary to clearly describe the responsibilities of each party. Residents have the right to contact the latter’s office directly to clarify their questions.
Problems with the elevator should alert residents of the building
- the elevator moves chaotically;
- the cabin periodically gets stuck in the shaft;
- the call button does not work or is stuck;
- vibration is felt during movement, the lift moves jerkily;
- extraneous sounds and grinding sounds appeared;
- the cabin stops below or above the desired stopping point (threshold);
- there is no lighting, both in the cabin and near the mine doors;
- The elevator railing is damaged.
If the above problems are detected or if the elevator no longer works, residents need to submit an appeal or complaint to the relevant structural units.
First of all, you need to complain about the operation of the elevator to the management company on whose balance your house is located.
To do this, you should inform the dispatcher, whose number is necessarily indicated on the information sheet of the elevator car, about the problem.
The duty officer must record your request, after which the company is obliged to send a specialist to examine the breakdown and fix it.
Application for repair
In addition to calling the management company about a malfunction of the lifting equipment put into operation, it is necessary to submit a collective written complaint.
The repair time for a lift lift, according to the technical maintenance rules of the housing stock, is no more than a day; if a person is inside, a specialist must arrive immediately.
If, after contacting citizens, the elevator breakdown is not resolved, you should call the Rostechnadzor hotline.
The latter will conduct a technical examination of existing problems in the operation of the elevator and oblige the management company to eliminate the problems.
If safety in elevators and their normal functioning is not restored even in this case, a solution to the issue should be sought through litigation.
Like any lifting mechanism, elevators have a limited service life of 25 years. After this period and if there are problems with the elevators, they must be replaced. But due to the fact that elevators, according to the legislation of the Russian Federation, are considered to be the common property of residents of the house, the decision should be made collectively.
There are two options for resolving this issue: take part in a regional (federal) program to replace elevator equipment or collect the amount announced by the repair company to replace the elevator.
To participate in the federal program, apartment owners need to make a collective decision and submit an application to Rostekhnadzor
- papers indicating the form of government of the house;
- copies of the technical passport of the building;
- a document on the number of non-residential premises indicating the area of the latter;
- conclusion of a specialized body or organization on the need to replace the elevator;
- inspection report for the lift indicating its condition;
- project and estimate for equipment replacement;
- When paying in installments, you must provide information from the residents’ personal accounts.
Under the terms of the state program, the state allocates up to 90% of the total budget, the remaining amount is divided between apartment owners.
How residents of a building in Yekaterinburg managed to solve the problem of a non-working elevator.
Where to go if the elevator doesn't work Link to main publication
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.
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.
How to understand that the elevator is “dying”
Problems with the elevator should alert residents of the building
- the elevator moves chaotically;
- the cabin periodically gets stuck in the shaft;
- the call button does not work or is stuck;
- vibration is felt during movement, the lift moves jerkily;
- extraneous sounds and grinding sounds appeared;
- the cabin stops below or above the desired stopping point (threshold);
- there is no lighting, both in the cabin and near the mine doors;
- The elevator railing is damaged.
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.
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.
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 .
Sample complaint about a non-working elevator
// OOO city administration violations in the field of housing legislation regarding the operation of elevator equipment. for example, a real complaint is sent in response to a refusal of a complaint from.
Tell me where to go now with this act, otherwise now I have no funds or a dryer.
or the whole district needs to pay a company that will conduct an independent examination.
And with them you will go to the management company, 5.3 Information on the protection of the rights of personal data subjects by the person, monthly disinfection of the garbage chute is not carried out! Court and prosecutor's office, applications, etc.) in the Department of Housing and Communal Services of the region ______________ Moscow, etc., full name!
Which need to be eliminated) We have repeatedly contacted (indicate dates of requests) the Department of Housing and Communal Services of the ______________ Moscow district with a demand to bring the engineering equipment of the entrances into condition. I won't give you my phone number - I'll steal the money! YOU ARE NOT FROM THE STATE BUT FROM A PRIVATE INDIVIDUALS!
MY EMAIL - at my address, Moscow st. open highway, building 23, building 4, entrance 2, in a multi-storey building, the elevator often does not work. For the duration of the breakdown, more than ten hours.
citing the situation - that the repair company is coming from Dolek! and they don’t want to do it properly. The smoke exhaust fan is constantly turned on.
It makes a lot of noise throughout the whole house. and not only in this entrance but also in the first one. complaints against the authorities In connection with the above, we ask you to conduct an investigation into the facts specified in this complaint, issue an order to eliminate violations and bring to administrative responsibility in accordance with the procedure established by law those guilty of violating the housing legislation of the Russian Federation.
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. |
Sample applications to the management company
The application form in question does not have a legally regulated form. The application is drawn up in any written or printed form signed by the submitter.
However, the general rules for filling out similar forms apply to this document:
- In the upper right corner the details of the official (position, full name), name and legal address of the management company are indicated. Next, you need to write from whom the application is being submitted (full name, address, contact details).
- In the middle of the sheet is written the name of the document - “Application”.
- Under the name, on a new line, the essence of the problem is stated in as much detail as possible.
Next, options for solving the current problem are proposed in the form of a petition or demand, depending on the situation. It is recommended to make references to regulations indicating articles/clauses (“Housing Code”, “Rules for the maintenance of common property”, “Law on the Protection of Consumer Rights” and so on). - If it is planned to provide other materials (photos or video recordings, payment receipts, checks, etc.) along with the application as evidence (confirmation of a particular fact), then “Annex” is written under the body of the application. After this name, the materials attached to the application are listed.
- The date of preparation of the document (day, month, year) is indicated and the signature of the applicant is affixed.
Submission of the application is carried out in person through a visit to the management company, or by mail by letter with notification.
In the first case, it is necessary to draw up two copies of the application - one remains with the applicant. The recipient of the application must sign on your copy confirming receipt.
Some management companies offer to submit applications electronically through the appropriate feedback form or using email contact information. However, it is important to take into account that from the point of view of the legislation of the Russian Federation, sending this email does not have the status of a statement, but is an ordinary issue, which relieves the management company of responsibility for the need to take the measures mentioned in the appeal.
- Sample application to the management company for a leaking roof
- Sample complaint: hot water temperature is not up to standard
- Sample application for clogged garbage chute
- Sample application for low water pressure
- Sample application for obtaining an agreement with the management company
- Sample application for recalculation of payments for utilities in case of absence from residential premises
- Sample application to the Criminal Code about a broken window in the entrance
- Complaint about unsanitary conditions
- Complaint about the inaction of the service organization
- Sample complaint to the Federal Antimonopoly Service
- Sample complaint about a musty smell in the entrance
- Complaint: the porch in front of the entrance is in disrepair
- Don't sweep up trash in the yard
- Sample complaint about elevator malfunction
- Sample complaint about lack of lighting in the entrance vestibule
- Sample complaint about cracks in the house, destruction of plaster
- Sample application to the management company for repairs in an apartment building
- Sample application to the Criminal Code for advertising in the house
- Sample application to the Criminal Code for insulation of external walls
- Sample application to the Criminal Code for the repair of railings at the entrance
Be very careful about the addressee of the complaint. This could be the head of a department, the head of an organization, or a supervisory body. The correct choice of the addressee is the key to the promptness of consideration of the complaint and the quality of its consideration.
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Don’t forget about the “ladder” principle – complaining one by one from a lower-ranking official to a higher-ranking one. You should not immediately complain to the governor or president. It would be most effective to write a complaint in the following order:
- immediate supervisor (manager);
- head of the organization (director);
- supervisory (control) body or service;
- prosecutor's office
We offer our sample complaint, in which we tried to take into account all typical situations. You can correct and supplement the specified sample - the complaint does not have a mandatory prescribed form.
To the head of the limited liability company (address)
Ministry (name of the executive body of the constituent entity of the Russian Federation with powers in the sphere of control over relevant activities) (address)
To the prosecutor's office (name of the subject of the Russian Federation) (address)
from Last Name First Name Patronymic, residential address
(for example: Ivanov Ivan Ivanovich, Moscow, Moskovskaya st., 134, apt. 35)
Complaint about the elevator operator
I, Ivan Ivanovich Ivanov (indicate your last name, first name and patronymic - the latter if available), on January 25, 2020 (indicate the exact date of the event) contacted (indicate the details of the organization or individual and address) due to the fact that I needed help ( services, consultation, etc.) lift operator.
At the same time, lifter Karpov I.V. (indicate the name of the lift operator) took the following unlawful actions (inactions) against me, namely (select the one you need, also add a detailed description of the situation to your complaint and attach evidence):
- I was denied services for the following reason (describe the situation and the reason for the refusal);
- I received poor quality service;
- assistance was provided untimely;
- I was provided with false information;
- the elevator operator did not consider my question;
- had to incur excessive financial costs;
- The elevator operator treated me rudely.
Based on the above, I ask (select the one you need):
- take action against the elevator operator (indicate the last name, first name and patronymic of the elevator operator),
- reimburse me for expenses incurred,
- bring to disciplinary liability;
- correct the situation.
Date, personal signature of the person filing the complaint against the elevator operator
A complaint is recognized as an official document, which entails the emergence of certain rights and obligations. Therefore, when compiling it, you should adhere to the following rules of business communication and correspondence:
- compose your requirements correctly and without errors;
- It is unacceptable to use obscene and slang words, as well as insults directed at anyone;
- describe the situation as accurately as possible, but at the same time succinctly;
- words and expressions with a “double” meaning should not be used;
- all data must be reliable (dates, numbers, numbers, addresses, etc.);
Make sure your speech is correct, follow the rules of syntax and punctuation. Competent speech is one of the most important conditions when conducting business correspondence.
In order to write a complaint correctly, it is enough to adhere to the following simple rules for writing it.
- decide on the correct addressee of the complaint and look up his address on the Internet;
- indicate your last name, first name, patronymic (if any), address to which a written response can be sent to you;
- indicate the date, i.e. the day, month and year when you contacted the relevant organization or person;
- describe the name and details of the organization (relevant person) known to you;
- Below in the complaint, set out in as much detail, fully and consistently as possible all the circumstances that happened to you - why you applied, what unlawful actions were committed against you by the employees, or indicate the fact of their inaction;
- after a detailed description of the problem, depending on who you contacted with the complaint, you must indicate your demands regarding the perpetrators: apologize, correct the mistake, take disciplinary action, etc.;
- At the end of the complaint, be sure to include a date and a personal signature.
When filing a complaint, you should know the basic rules and features.
- if you file a complaint personally or through a representative, it must be made in at least two copies
A complaint can be filed in four ways: in person, through a representative, through a notary, or by mail.
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Submission in person
If you decide to submit a written complaint in person, then you need to contact the relevant organization directly. As a rule, such complaints are received either in the office or in the reception area.
Submission through a representative
In this case, the procedure is no different from personal submission, but the representative must have a notarized power of attorney to represent interests. Thus, you will still have to go to the notary.
Filing through a notary
There is such a notarial act as the transfer of documents of individuals and legal entities to other individuals and legal entities. In accordance with it, the notary transfers applications and (or) other documents of individuals and legal entities to other individuals and legal entities. You have the right to use the specified notarial act to submit a complaint.
Submission by post
When filing a complaint by post, it is imperative that the letter be registered and with a full description of the contents.
Registration of a complaint
When a complaint is received, an authorized person must register it in the incoming correspondence log.
This applies not only to state and municipal authorities, but also to ordinary organizations. Accordingly, the complaint must have an incoming number; using this number you can track the process of its processing.
Consideration of the complaint
If you send a complaint to a state (municipal) body, then the period for consideration of the complaint is regulated and, as a general rule, is 30 days. When sending a complaint to a regular organization, such a period is not established by law.
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.
When fears are unfounded
Grinding and rattling are often the first symptoms of elevator failure.
This may be caused by aging parts and deformation. With their concerns, residents can contact the management company or HOA and ask to check the elevator.
If the elevator begins to twitch, hang between floors and stop noticeably above or below the floor, then its further operation is unsafe.
Based on its results, a government contract must be concluded within three working days, and only then the repairs begin.
Emergency repairs include the replacement of one or more parts: winch or main drive electric motor, hydraulic drive, cabin door drive, button stations, cabin and its components, support rollers, shaft and cabin doors, control station, safety devices, frequency converter, tensioner , speed limiter.
To prevent accidents due to technical condition, annual technical inspections are carried out, as well as repairs and scheduled maintenance of elevators. The latest generation elevators are equipped with microprocessor control systems.
On the adoption of the technical regulation of the Customs Union “Safety of Elevators”, elevators that were put into operation before the entry into force of TR CU 011/2011 and that have not completed their assigned service life must be brought into compliance with the requirements of the technical regulation before the end of the assigned service life.
According to clause 5.5 of TR CU 011/2011, elevators that were put into operation before the entry into force of the specified technical regulations and have completed their assigned service life must be brought into compliance with the requirements of TR CU 011/2011 within a period not exceeding 7 years from the date of entry into force of TR CU 011/2011 into force, i.e. until February 15, 2020
Consequently, elevators that were put into operation before TR CU 011/2011 came into force (in 1990) and have served their assigned service life to date must be brought into compliance with the requirements of TR CU 011/2011 by February 15, 2020.
Thus, at the operational stage, the passport and operating manual for the elevator must be kept by the owner of the elevator, or by the service organization (if there are such contractual obligations). In the absence of these documents, the owner of the elevator is obliged to stop using it until the documentation is received (purchased).
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.
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One of the most important devices that provides comfort to citizens in apartment buildings is the elevator. There is no point in explaining why his work is so important, since almost everyone understands that without him, movement would only be possible by stairs, which would create a lot of problems, especially when transporting goods and when moving.
And that is why monitoring the quality of the elevator and ensuring its constant working condition is one of the biggest problems for both residents and companies. In this article we will talk about where you can file a complaint about an elevator and how to get it repaired.
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.
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.
Important You can submit an application to the regional or city branch of Rostechnadzor. The complaint will be considered for no more than a month; based on the results of the review, Rostechnadzor will take measures to repair the elevator.
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. The complaint 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;
Attention: Your complaint will be considered within 15 days, if additional investigation is necessary - within 30 days. At the end of the check, you will be sent an official response, which will indicate the result of the check and the measures taken to resolve the problem.
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.
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Sample
There are three ways to complain about a non-working elevator: verbally, in writing and via the Internet. We address the claim to the management organization, the construction supervision and housing control service, Rospotrebnadzor, Rostechnadzor.
You can contact the company responsible for repairing and monitoring the technical condition of the lift. If no response is received, then we write a complaint to the prosecutor's office.
Filing a claim in court will be required if harm or property damage is caused.
The problem of a faulty elevator is especially relevant for residents of the top floors. Agree, climbing to the ninth floor after a hard day is a dubious pleasure.
Especially if the citizen is not in his first youth, has health problems or is carrying heavy shopping bags.
And for young mothers with strollers who do not live on the first floors, walking in the fresh air becomes a real problem. In these cases, it is necessary to complain about the non-working elevator.
Table 1. Where to go
| Name of authority | Base |
| Management organization (MC, HOA, housing cooperative) | Inoperative or not fully functional elevator. |
| Organization servicing elevator equipment in the building (with which a corresponding agreement has been concluded) | |
| Housing inspection | Failure to respond to requests from the management or service organization. |
| Construction supervision and housing control service | |
| Rostechnadzor | If the problem is not resolved, then this department conducts an unscheduled inspection, as a result of which the guilty organization is issued an order to eliminate the identified violations. |
| Rospotrebnadzor | The provision of low-quality utility services, which includes malfunction of elevator equipment, is a reason for filing a claim with Rospotrebnadzor. |
| Prosecutor's office | If the deadline has expired, but the issue has not been resolved and the claim is left unanswered, you must remember that the prosecutor’s inaction can also be appealed. |
| Court | The right to receive utility services of proper quality can be defended in court; we also turn here if the applicant has suffered harm as a result of a non-working elevator. |
Typically, the final breakdown of elevator equipment is preceded by certain changes in its operation. These include:
- uncharacteristic sounds (creaking, grinding, rattling);
- hanging between floors;
- sticky or missing buttons;
- stop below or above the floor;
- flickering or no light.
When such phenomena occur, residents should contact, first of all, the management organization that services their home. Contacts can always be found on rent receipts.
Advice! If you file a claim collectively, the issue will be resolved more quickly.
Rice. 2. Finding yourself in a stuck elevator is not a pleasant experience.
Violation by the maintenance and management organization of the terms and procedure for monitoring the serviceability of lifting equipment, as well as failure to carry out proper repair work, becomes a reason for filing a complaint about a non-working elevator.
Elevator maintenance fees are included in rent receipts and are charged to residents on a monthly basis. For this, they have the right to use the services of a lift of adequate quality. In this regard, reasons for a complaint may include:
- extraneous sounds and noises during equipment operation (rattling, clicking, grinding or squeaking);
- dirt, damaged doors and trim;
- poor quality repair work;
- absence or flickering of lighting in the elevator cabin;
- stopping below or above the floor, freezing;
- constant sticking or absence of buttons on the cabin remote control;
- the elevator is completely inoperative.
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.
Under control, or Where to complain about a faulty elevator
Most Muscovites can no longer imagine their home without a convenient means of transportation - an elevator. What warns about an imminent lift breakdown and where to complain about a faulty elevator - in the material mos.ru. Today in Moscow, the replacement of elevators is carried out as part of a regional capital repair program. Elevators that have served for 25 years are eligible for replacement.
Today this is the largest elevator project in Russia. However, if used incorrectly, even a new elevator can fail.
When should residents complain about the elevator and how to do it - in the mos.ru material.
In 2020, 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 2020 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.
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