If the radiators don’t heat up: where to complain about poor heating in the apartment

How many degrees should there be in an apartment, office and entrance?

The temperature in apartments should be no less than 18–20 degrees Celsius, in offices - no lower than 20, and in school classrooms - no less than 18. In the premises of kindergarten groups, thermometers should not fall below 22 degrees, in bedrooms - below 19 degrees . There are also rules for entrances. During the heating season it should not be below 16 degrees.

Measurements will be more accurate if you follow a number of simple rules. First of all, you should close all windows and doors, and keep the thermometer a meter from the floor in the center of the room. You should also make sure that you are at least half a meter from the battery and the outer wall.

Why is the act needed?

The document confirms the poor quality of services provided and is the basis for the thermal energy consumer to appeal to the court, supervisory authorities, and also receive a recalculation.

For an act to have legal force, the following requirements must be met:

1. Avoid artificially increasing the temperature in the apartment under study.
2. Convene the composition of the commission.
3. Alert the housing service representative and service provider.

Directly on the day the report is drawn up, all heating devices must be turned off. When drawing up the document, the absence of heating supply services is recorded, so factors influencing measurements must be excluded.

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Calling a commission to measure temperature

Temperature measurement and drawing up a report

Turning off electrical appliances before measurement

If utility companies do not respond to customer requests

The commission must measure the room temperature and compare it with standards, taking into account environmental temperature fluctuations. The air in the room must be heated to 18 degrees Celsius. Minor deviations are allowed within a range of 2 degrees up or down.

Where can I complain about heating in apartments?

If the heating is poor, the radiators in the apartment heat poorly, and the entrance is so cool that steam comes out of your mouth, you should contact the dispatch service of your area or the management company. Specialists must check and repair communications on the same day.

If the problem could not be solved or your call went unanswered, then you can report the poor performance of the heating systems to the Moscow Department of Housing and Communal Services. Operators of the Department's unified dispatch service accept requests for accidents, complaints and comments regarding the operation of heating systems around the clock by phone: +. In addition, Muscovites can use the department’s electronic reception desk.

Another option is to call MOEK. Messages about problems with heating in the apartment, accidents, steam release and other problems in the heating and water supply system are accepted around the clock by phone: +.

You can express dissatisfaction with the work of the management company through the electronic reception of the Moscow Housing Inspectorate or personally to the head of the territorial unit. In a written statement, you must briefly describe the essence of the issue and attach copies of appeals to the management company and other authorities.

You can also file a complaint using the Moscow State Services mobile application or on the Our City in the Apartment Buildings section. In the latter case, the answer will come within eight days.

How to file a complaint

In order for a complaint to be considered and accepted for verification, it must be compiled correctly.
Heating problems, as a rule, arise not in one apartment, but in the entire house or even a residential complex. Therefore, it is better to file a collective complaint about heating, which has greater weight in consideration. We have already written about how to correctly draw up a collective complaint here.

The law establishes the following requirements for written applications to government agencies:

• the name of the authority to which the complaint is being sent must be indicated;
• The full name and return address of the applicant (postal or electronic) must be indicated: anonymous complaints are not considered by the authorities;
• the essence of the complaint is stated in clear language, with justification and evidence. In particular, it is better to provide the following information:
• address of a residential premises in which there is no heating;
• date of heating limitation or shutdown;
• when the applicant contacted the emergency dispatch service, was a report drawn up;
• who services heating networks and supplies heat;
• where else did the applicant apply;
• what rules of law were violated;
• The applicant must personally sign and date it.

All documents referred to by the applicant in the text are attached to the complaint:

• act on measuring temperatures in residential premises;
• copies of claims, complaints and other appeals on this issue, as well as responses to them.

Sample complaint

How to get a recalculation?

In case of constant interruptions in heat in apartments or on the landing, residents have the right to demand a recalculation. The cost of services should be reduced by 0.15 percent for each hour the permissible duration of a heating interruption is exceeded. The duration of emergency heating shutdowns during the cold season should not exceed 24 hours per month. A permissible one-time break at a temperature in the apartment from 12 to 18 degrees cannot last longer than 16 hours, at a temperature of 10–12 degrees - eight hours, and if the temperature in the apartment is 8-10 degrees, then four hours.

To record temperature deviations, you need to call the unified dispatch service of the Department of Housing and Communal Services. An employee of the management company will take measurements and draw up a report based on the results of the inspection.

The document must be submitted to or directly to the management company (if it independently makes calculations and accruals).

Heating payments are calculated based on the average monthly volumes of thermal energy consumption for the previous year. That is, accruals for the current year occur monthly in equal shares in the amount of one twelfth of the cost of the service consumed during the previous year. The heating fee is adjusted once a year. Volume reconciliation takes place in February of the year following the calculation year. Based on the results of this work, the amount of payments for the current year is adjusted in the first quarter.

What to do if the heating is not turned on and there are cold radiators in the house

If the heating season has begun, and the radiators in the house are cold, you must immediately contact the hotline or directly to housing and communal services employees with a complaint. Since the monthly rent includes heating maintenance services. Employees are required to promptly check radiators and pipes for violations.

If the heat supply to an apartment stops for unknown reasons, this is an emergency. To solve this problem, a special commission is created, which includes: the owner of the property, the director of the management organization and representatives of the local administration. Members of the commission must sign a statement of violations, which is submitted to the administrative authority or housing and communal services.

If interruptions in the heat supply are observed regularly, residents of apartment buildings and private houses have every right to demand a recalculation of heating costs for the period of 2019, when there was no heat in their housing. If after filing a complaint the problems are not resolved within 24 hours, then the residents of the house or apartment can begin collecting documents for recalculation.

Recalculation is carried out according to the formula - 0.15% for each hour of supplied heat below standard values. If the issue with the heat supply could not be resolved by the housing and communal services, then the tenant has the right to appeal to the court or the prosecutor's office.

How to reduce heating bills?

In some new buildings in the capital, heating radiators are already equipped with individual meters. By adjusting the temperature, residents can reduce their heating bills.

This technique can be used everywhere. But the whole house needs to switch to heating using individual metering devices at the same time. The decision must be made at a general meeting of owners. If you installed meters without the consent of your neighbors, then you will not be able to transfer the readings to the management company. Even with the radiator turned off, the heat in the apartment will remain thanks to the heating risers. But the whole house will have to pay for it.

It is beneficial for owners to install individual meters only with a modern horizontal heating system, when the risers are located in the entrance, and two pipes are supplied to the apartments - direct and return. With vertical wiring, several heating risers are installed in the apartment at once. In this case, meters will have to be installed on each pipe, which will reduce all savings to nothing.

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Arbitrage practice

1. The court did not satisfy the request for recalculation of heating fees, since the plaintiff did not provide temperature measurements in the residential premises. But since the defendant did not comply with the plaintiff’s demands to restore heating in a pre-trial manner, compensation for moral damage and a consumer fine were awarded in favor of the plaintiff (Decision No. 2-1285 of July 16, 2020 in case No. 2-1285/2019).
2. The resource supplying organization was obliged to recalculate heating costs, since the temperature in the living space was below normal. At the same time, compensation for moral damage of 30,000 rubles and a consumer fine of 15,000 rubles were awarded in favor of the owner of the premises (Decision No. 2-1935/2019 of July 6, 2020 in case No. 2-1935/2019).
3. If residents draw up acts on low temperatures on their own, they must be signed by the chairman of the house. The court considered acts signed only by the residents of the house to be unacceptable evidence (Decision No. 2-436/2020 of September 28, 2021 in case No. 2-94/2020).

How to avoid paying for excess heat?

It is more profitable to install an automated heating system control unit in your home. Such equipment itself monitors the temperature outside and, depending on it, selects the mode of supplying heat to the apartments. In this case, residents do not face a situation where it is already relatively warm outside, but the radiators are hot and the room is so hot that they have to open the windows.

The decision to install smart equipment can only be made by a meeting of apartment owners. They also choose the brand of equipment, installation time and cost of subsequent maintenance.

Do I need to sue utility companies because of poor heating?

You need to go to court when utility workers voluntarily do not comply with the requirements of the owner of the residential premises. So, in a statement of claim you can demand:

• restore heating to the required volume;
• compensate for damage caused to residential premises. For example, due to prolonged low temperatures, fungus appeared on the walls of the apartment, which required repairs;
• a fine for failure to comply with consumer requirements in the amount of 50% of the amount satisfied by the court;
• compensation for moral damage.

A statement of claim can be drawn up and filed in order to protect consumer rights. You can read about how to do this here.

Where to file a complaint if the batteries do not heat?

If a call to the control room of the service provider or management company has no effect, you can complain about the lack of heat to other authorities:

• Rospotrebnadzor;
• Prosecutor's Office;
• Administration or the President's reception;
• Court.

The claim should be sent to the above authorities if the utility workers were unable to solve the problem of the residents. Actions begin with a call to the management company and service provider. If the services have not fulfilled their duties, higher authorities are called upon to find the culprit and bring him to justice. So, let's outline in what cases it is necessary to complain to different authorities:

• Management company or homeowners association - contact them with a request to fix the problem;
• Housing inspection - express dissatisfaction with the work of the management company and the lack of response on its part;
• Rospotrebnadzor - complain about the management company and the housing inspection;
• Prosecutor's office - file a claim for the inaction of previous authorities;
• Court – you demand compensation for the damage caused.

It is important to understand that appealing to the prosecutor’s office and the court is only possible if you tried to resolve the problem through utility services and the housing inspection, as well as Rosportrebnadzor. We suggest considering options for contacting different authorities.

Management Company

If there is no heating in the entire house, residents have the right to file a collective complaint. It will attract more attention than one person's claim. It must be said that a complaint about the lack of heating can be written in any form, but it must reflect the following details:

• Full name of the management company or HOA, as well as the details of the manager;
• Name and surname of the owner who is making the claim, contact information.

In your appeal, you must indicate the air temperature in the room, as well as the time from which the heating was turned off. Next you specify the requirements:

• Eliminate all problems and compensate for losses incurred;
• Recalculate payment under Article 29 of the Law on “Protection of Consumer Rights”.

Don't forget to mention that you pay your utilities regularly. If you are enclosing documents, they must be listed in the attachment. We are talking about such papers as a research report, a receipt for the last month, etc. The appeal is drawn up in two copies. One copy remains with you; it must be marked with acceptance of the application. The management company is obliged to respond to the letter, but the reaction may be negative.

The management company's response should be preserved for future actions and proceedings.

Housing inspection

If the management company has not taken action or corrected the problems, contact the Housing Inspectorate. The complaint is drawn up according to the same principle as in the previous case. Usually at this stage the situation is resolved. To begin with, you compose an appeal to which you attach:

• Your copy of the claim sent to the management company;
• Responses received;
• Acts drawn up by a specialist after the inspection;
• Receipts for good faith payment.

The claim must be submitted in person or by mail. The notification is submitted electronically on the housing inspection website. You will have to fill out a form. It is worth noting that the application review period is 30 days. During this time, you just have to wait, or send a collective letter to the management company again.

Rospotrebnadzor

Inaction at the previous stages allows the owner to file a complaint with Rospotrebnadzor. There is no approved sample complaint; the form can be drawn up freely. The claim is written to the management of Rospotrebnadzor in a specific region.

The main part of the appeal contains the essence of the problem. It must describe the previous steps. You must attach inspection reports and all submitted claims that have not been responded to by other authorities.

The text of the claim includes information that the lack of heating in the apartment led to negative consequences:

• Some things have fallen into disrepair;
• The residents got sick. The information must be supported by certificates from the clinic.

The collective appeal must be accompanied by an extract drawn up according to the minutes of the residents’ meeting. The review by Rospotrebnadzor will take five days. In exceptional cases, consideration is delayed by 10 working days.

The complaint is sent by mail, brought in person, or sent over the Internet. To do this, you need to open a section called “Receiving Citizens’ Appeals” on the authority’s website. Employees do not consider anonymous complaints, and an electronic appeal can be sent if identified in the Unified Identification and Logistics system.

The text of the complaint must be the same as for the Civil Housing Inspectorate. Include a phrase about violation of consumer rights and attach copies of documents.

Federal Antimonopoly Service

FAS is another structure where you can turn in case of lack of heating. It is often forgotten, but this does not mean that your appeal will go unheeded. This structure does not resolve legal disputes; it monitors compliance with the law, the activities of commercial and non-profit organizations, as well as entrepreneurs.

You can complain about the heating network. After receiving a complaint, the service will monitor the activities of the subject. It conducts scheduled or unscheduled inspections in order to identify violators who may incur administrative liability.

If your claim is justified, you can contact the FAS. Such complaints help to stir up authorities that refuse to fulfill their heating obligations or do not fulfill them at the proper level.

Prosecutor's office

If previous authorities did not help you, you can contact the prosecutor's office. The complaint is drawn up in exactly the same way as in previous cases, but the essence of the complaint will be different. The fact is that the inaction of utility services can cause harm to the health and lives of people living in the house.

A complaint can be submitted in different ways:

• Personally;
• By mail;
• In electronic form via the “Internet reception” on the regional website or the “State Services” portal.

In most cases, the application is processed within 30 days. Sometimes the consideration is delayed for 2 months. Remember that if the heating situation has not improved after contacting previous services, you can file a complaint with the prosecutor's office. Copies of all written complaints must be attached to the application.

The prosecutor's office has the right to refuse to accept an application if the text is emotionally charged, contains insults or obscene words, as well as threats. The application will not be accepted if it is written in capital or Latin letters or if it contains false addresses.

The document must be written addressed to the prosecutor, it indicates:

• Own passport data;
• The address where the apartment is located, its square footage;
• Owner details;
• Date of first heating problems;
• Battery temperature.

Indicate where you sent complaints and whether anyone tried to correct the situation. The application must indicate a request to understand the situation that has arisen. The prosecutor's office will require you to provide your original passport, copies of documents for housing, and past applications to other authorities. The answer will be sent to you after verification. Those responsible will be held accountable and will be required to correct the problems.

President's Reception

It happens that the prosecutor's office is inactive. In this case, you can contact the reception office of the president of the country. The application is filled out on the reception website. Each complaint received is examined in detail, after which inspections are scheduled. The complaint is then submitted to the supervisory authorities.

You can write a collective complaint asking them to look into the problem. The text is compiled in exactly the same way as in previous cases. Attach documents and photographs that can speed up the consideration of your application.

Court

If you want to compensate for damage and have the amount of heating payments recalculated, you should file a claim in court. You will need:

• Statement;
• Evidence of complete inaction;
• All answers received from previous authorities.

Appeal to the court is carried out at the place of residence of the owner. It must be said that such steps are extremely important; in most cases they are able to force the management company to do its job. You can act independently or seek the help of a lawyer.

Judicial practice shows that the claims of owners, if they are justified, are always satisfied. The court will order the defendant to fulfill his obligations. A complaint to the court is filed after you have gone through all the above services. If the management company started the heating after the established period, you can go to court and demand compensation for the damage incurred and legal costs.

If the specialist does not arrive

The fact that a representative of the heat supply supplier fails to appear when called should not go unnoticed. It is necessary to repeat the call to the dispatch service and report a violation of the procedure for providing services. Demand clarification and indicate your intention to write complaints to the authorities monitoring their activities and higher authorities.

An explanation of the basis for the delay should be requested. It is necessary to insist on the immediate dispatch of a specialist to inspect the communications and remind him of his obligation to draw up a report.

It would be a good idea to record the conversation with the dispatcher; he does not need to be warned that a recording is being made. These recordings will serve as evidence in court.

After talking with the dispatcher, you need to dial the number of the chief engineer or director and briefly outline the essence of the situation, clearly stating the address and reason for the accumulated claims. Report the lack of response to the request addressed to the dispatch service, mention your intentions to file complaints against the organization with the supervisory authorities.

It is necessary to demand that the problem be corrected as soon as possible and ensure that a specialist comes to inspect the heating system. It is necessary to mention the preparation of a collective complaint if all residents of the house have a problem with the heating supply. In most cases, this will be enough to attract the attention of utility companies.

You will also be interested in knowing what to do and where to call if the power goes out.

How to write a complaint?

You have already decided where to write a complaint if there is no heating. Regardless of where you write your complaint, in most cases it will be effective and will force unscrupulous utility workers to fulfill their duties. It is important that the complaint is drawn up correctly, namely:

• In the right corner you must enter the name of the institution to which the complaint is being filed;
• Below are the tenant's details, including telephone number;
• The second part is a statement of the essence of the problem. Indicate the date the problem occurred;
• Attach to your appeal all past appeals and acts, as well as answers from previous authorities;
• Demand that action be taken;
• At the end of the complaint, indicate the date and sign.

Competent preparation of a complaint is only possible if you know many legal nuances. That is why it is advisable to resort to sample statements from the Internet, or contact a lawyer.

The paper is drawn up in two copies, and the second option remains with the residents. Remember that by teaming up with other residents, you can achieve a faster resolution of the issue.