Housing inspection competence. What issues does the housing inspectorate decide

19.01.2019

Position

on the state housing inspection of the city of Moscow

(as amended on December 18, 2001; August 19, 2003)

1. General Provisions

1.1. The State Housing Inspectorate of the city of Moscow (hereinafter - Moszhilinspektsiya) is functional body the executive power of the city of Moscow for state control over the procedure for the intended use and technical maintenance of housing.

1.2. Moszhilinspektsiya in its activities is guided byThe Constitution Russian Federation, the current legislation of the Russian Federation, other regulatory legal acts of the President and the Government of the Russian Federation and the city of Moscow, as well as these Regulations.

1.3. The Moscow Housing Inspectorate is a part of the City Administration Complex of the Moscow Government as an independent body. The coordination of the activities of the Moscow Housing Inspection is carried out by the First Deputy Mayor of Moscow in the Moscow Government, who heads the City Economy Complex of the Moscow Government.

1.4. The Moscow Housing Inspection carries out its activities in cooperation with the Main State Housing Inspectorate in the Russian Federation, the Department of Housing and Utilities of the City of Moscow, the Department of Fuel and Energy Economy of the City of Moscow and other executive authorities of the city of Moscow and local authorities, inspection bodies, as well as public associations and citizens.

1.5. Employees of the Moscow Housing Inspectorate, filling public positions public service of the city of Moscow, are civil servants of the city of Moscow, they are subject to the guarantees of legal and social protection civil servants of the civil service of the city of Moscow, established federal laws and the laws of the city of Moscow on public service.

1.6. Moszhilinspektsiya is a legal entity, has letterheads and a seal with its name and the image of the coat of arms of Moscow, stamps, an independent balance sheet, separate property, bank and treasury accounts.

1.7. The full name of the Moscow Housing Inspection is the State Housing Inspectorate of the city of Moscow. Short name - Moszhilinspektsiya.

1.8. The legal address of the Moscow Housing Inspection is 129090, Moscow, Prospect Mira, 19.

2. Tasks and functions

2.1. The main task of the Moscow Housing Inspectorate is to implement the policy of the Moscow Government on state control over the implementation of legislative and regulatory acts in the field of technical operation of residential buildings and residential premises, engineering equipment and networks, the targeted use of the housing stock, as well as ensuring the rights and legitimate interests of citizens when providing the population with housing and utilities and timely and high-quality consideration of their appeals and complaints.

2.2. In accordance with the assigned tasks, the Moscow Housing Inspection performs the following functions:

2.2.1. Controls:

Compliance with the procedure for the use, maintenance, operation and repair of residential buildings, premises in them, individual residential premises, engineering equipment and networks, as well as adjoining territories; the procedure for the provision of housing and communal services; compliance with the modes of operation of engineering networks and other equipment;

Compliance with the procedure for acceptance into operation of (newly built and repaired) in-house gas supply systems, chimneys and ventilation in gasified residential buildings and premises in them, in individual residential premises, as well as in the production of gas hazardous work;

Compliance with the procedure and rules for recognizing residential buildings and premises as unsuitable for permanent residence and transferring them to non-residential ones;

Implementation of housing and communal services for the population.

2.2.2. Organizes a survey of the technical condition of residential buildings, the development of an automated information and analytical system for monitoring the technical condition of the housing stock in Moscow and submits analytical information on the results of the survey and proposals to ensure the safety of residential buildings to the Moscow Government and other authorities.

2.2.3. Organizes and conducts diagnostics of structures and engineering equipment of residential buildings (including gas ones) using instrumental methods for monitoring their technical condition.

2.2.4. Organizes the work of technological transport and the base of mobile laboratories to perform the main functions of the Moscow Housing Inspectorate.

2.2.5. Summarizes and analyzes the results of inspections of the quality of technical operation and prepares, on their basis, proposals to the Government of Moscow in terms of volume and priority renovation works in the housing stock.

2.2.6. Provides control over implementation decisions taken and orders to eliminate the identified violations, applies administrative sanctions in accordance with the powers granted.

2.2.7. Summarizes and analyzes data based on the results of inspection surveys, issued orders, administrative sanctions using modern information technologies.

2.2.8. Participates in the development of draft laws for the city of Moscow and other regulatory legal acts in the field of use and technical maintenance of housing.

2.2.9. Explains the policy of the Moscow Government in the field of technical operation of housing and communal services facilities, ensuring transparency in the work of the Moscow Housing Inspection, cooperation with the media (print, radio, television).

2.2.10. Considers the following submitted for approval: applications for reorganization (redevelopment and re-equipment) of residential buildings and residential premises; design and estimate documentation for the installation of gas equipment in residential buildings, premises in them, individual residential premises.

2.2.11. Checks gas equipment and devices used in indoor gas supply systems for compliance with the rules and regulations in force in the gas industry, as well as the availability of certificates of conformity for such devices.

2.2.12. Provides accounting and control of organizations and entrepreneurs without the formation of a legal entity engaged in the design, installation, maintenance and repair of in-house gas supply systems, chimneys and ventilation, as well as training and certification of relevant specialists.

2.2.13. Considers appeals and complaints from citizens in a timely manner and takes the necessary measures to resolve and implement them.

2.2.14. Provides the activities of the City Housing and Conflict Commission.

3. Powers

To perform the assigned functions, the Moscow Housing Inspectorate is endowed with the following powers:

3.1. In the cases established by the legislation, and in the manner prescribed by it, freely check residential buildings, premises in them, individual residential premises, housing and communal facilities associated with them in accordance with the tasks provided for by this Regulation.

3.2. In the cases established by law, request and receive from persons providing the use and technical operation of controlled facilities, technical documents, contracts, agreements, written and oral explanations, statutory documents and other information necessary to perform control and analytical work.

3.3. Request and receive information from executive authorities and local self-government bodies necessary for conducting inspections.

3.4. Involve on a contractual basis in the examination of the technical condition of residential buildings and objects of housing and communal services, the examination of technical documentation and the preparation of legislative and regulatory acts and proposals qualified specialists and experts from other organizations.

3.5. In the cases established by law, to issue to organizations, entrepreneurs without the formation of a legal entity, officials and persons equated to them by law, as well as to citizens, binding orders to eliminate violations.

3.6. Make and execute decisions on application in established by law the procedure for financial sanctions and the collection of fines for violations of the procedure for the use and technical operation of housing and related housing and communal services facilities established by regulatory legal acts, revealed as a result of inspections.

3.7. To represent the interests of the city of Moscow in the established manner on their own behalf in courts, arbitration courts, government bodies, and other organizations.

3.8. Seek assistance from employees of the internal affairs bodies; request expert opinions in order to ensure control over the implementation of measures prescribed by officials of the state authorities of the city of Moscow, as well as in order to assess the nature and circumstances of the offense.

3.9. Participate in resolving issues about the unsuitability of houses and premises for living.

3.10. Participate in investigations of accidents and other incidents with gas equipment and appliances installed in gasified residential buildings and premises.

3.11. Extend the term of execution of the order in accordance with the established procedure.

3.12. Provide clarifications on the procedure for the inspection of controlled objects in the city of Moscow, the provision of housing and communal services, and also - to approve the forms of official documents necessary for its implementation.

3.13. Submit, in accordance with the established procedure, to the Government of Moscow, the Mayor of Moscow proposals on the abolition of regulatory legal acts and other decisions of the executive authorities of the city of Moscow that contradict the current legislation.

3.14. Within the limits of its competence, to carry out, in the prescribed manner, educational and consulting and methodical work aimed at prevention and prevention of offenses.

3.15. Conclude contracts for the provision of consulting services and expertise on the technical operation of housing, engineering networks and other equipment for housing and communal purposes.

3.16. To act in accordance with the established procedure as the founder of technical, expert and training centers, as well as other services for the implementation of consulting and technical services for the examination of residential buildings, premises in them, individual residential premises, engineering networks and other equipment.

3.17. Implement interregional and the international cooperation in the field of housing operation and management.

3.18. Exercise, within the limits of its competence, other powers established by federal laws and the laws of the city of Moscow, legal acts of the Mayor of Moscow and the Government of Moscow.

4. Structure, management of the Moscow Housing Inspection

4.1. The structure of the Moscow Housing Inspectorate includes housing inspections for administrative districts, specialized inspections, departments for the implementation of city programs and projects, a scientific and methodological unit, a base of mobile laboratories, operating on the basis of provisions approved by the head of the Moscow Housing Inspection.

Under the Moscow Housing InspectionCity Housing and Conflict Commission , considering controversial issues on the application of penalties, the terms of elimination of the identified violations of the current technical standards for the use, maintenance and operation of the housing stock.

4.2. The head of the Moscow Housing Inspectorate is the Chief - the Chief State Housing Inspector of the city of Moscow, who is appointed and dismissed by the Moscow Government in agreement with the Main State Housing Inspectorate in the Russian Federation.

The head of the Moscow Housing Inspection has deputies, who are appointed and dismissed by the Moscow Government upon the recommendation of the head of the Moscow Housing Inspection.

Heads of housing inspections administrative districts appointed to the post by the head of the Moscow Housing Inspectorate in agreement with the prefects of the administrative districts.

4.3. Employees of the Moscow Housing Inspectorate, who fill public positions in the civil service of the city of Moscow, are civil servants of the city of Moscow, they are subject to the legislation on public serviceand labor legislationwith the features stipulated by the legislation on public service; they enjoy the right to wear a uniform.

4.4. For the performance of certain functions, employment contracts with other employees who are not government employees of the city of Moscow.

4.5. Head of the Moscow Housing Inspection:

4.5.1. Exercises the rights and fulfills the obligations arising from the tasks facing the Moscow Housing Inspection.

4.5.2. Supervises the activities of the Moscow Housing Inspection on the basis of one-man management, is responsible for the implementation of the tasks assigned to the Moscow Housing Inspection and compliance with the norms of the current legislation.

4.5.3. Organizes the work of the Moscow Housing Inspection, the selection and placement of personnel, makes decisions on the encouragement and disciplinary responsibility of the employees of the Moscow Housing Inspection.

4.5.4. Is disposed of in the prescribed manner in cash and property assigned to the Moscow Housing Inspection.

4.5.5. Issues orders and instructions within its competence.

4.5.6. Approves job descriptions employees of the Moscow Housing Inspection.

4.5.7. Approves the provisions structural units Moscow Housing Inspection.

4.5.8. Represents the Moscow Housing Inspectorate without a power of attorney in all state, the judiciary, in other institutions, organizations and enterprises, concludes contracts in accordance with the established procedure, issues powers of attorney.

4.5.9. Approves the structure and staffing of the Moscow Housing Inspectorate within the established wage fund, establishes bonuses to official salaries, approves the Regulations on material incentives for employees of the Moscow Housing Inspectorate, the procedure for making and wearing uniforms.

4.5.10. In accordance with the procedure established by law, decides issues related to the passage of public service in the Moscow Housing Inspectorate, including: the formation of a personnel reserve, selection, placement, retraining and advanced training of personnel, certification, assignment of class ranks.

4.5.11. Cancels illegal and unreasonable decisions of subordinates officials.

4.5.12. Exercises other powers in accordance with the regulatory legal acts of the Russian Federation and the city of Moscow.

4.6. The hiring of specialists for work in the Moscow Housing Inspection is carried out in accordance with the current legislation. The specific duties of specialists are established by job descriptions.

4.7. Officials authorized to conduct control:

4.7.1. The deputy heads of the Moscow Housing Inspection, the heads of the inspection structural divisions, the employees of the Moscow Housing Inspection, in accordance with their assigned official duties, are inspectors of the State Housing Inspectorate of the city of Moscow.

4.7.2. Inspector of the State Housing Inspectorate of the city of Moscow is an authorized official authorized by the order of the head of the Moscow Housing Inspection to carry out, within the framework of this Regulation, inspection control, issue binding instructions and draw up protocols on an administrative offense. The head of the Moscow Housing Inspection receives the powers of the Chief State Housing Inspector of Moscow ex officio.

4.7.3. An inspector of the State Housing Inspectorate of the city of Moscow, in the performance of the official duties provided for by this Regulation, has the right, in the manner prescribed by law:

Inspect controlled objects;

Issue a notification of the state control body with a list required documents which in mandatory in set time must be submitted to the state control body for inspection;

Give binding prescriptions;

Draw up protocols on administrative offenses;

Apply to law enforcement agencies for assistance in conducting an audit.

4.8. Actions and decisions of officials of the Moscow Housing Inspectorate when they are executed job responsibilities may be appealed to the leadership of the Moscow Housing Inspection, to higher authorities or in court.

5. Property and financing

5.1. To fulfill the tasks and functions provided for by this Regulation, the Moscow Housing Inspectorate is provided with the necessary premises, communication facilities, technological transport, technical means for diagnosing and monitoring the state of structures and engineering equipment, and other material and technical resources that ensure the fulfillment of the tasks to be solved.

5.2. The financing of the Moscow Housing Inspection is carried out from the budget of the city of Moscow under the section "State administration and local self-government" and other permitted sources.

5.3. The property of the Moscow Housing Inspection is owned by the city of Moscow, assigned to the Moscow Housing Inspection on the basis of the operational management right.

5.4. Moszhilinspektsiya owns and uses property belonging to it in the manner prescribed The Civil Code Of the Russian Federation, legal acts of the city of Moscow.

6. Changing the Regulations, reorganization and liquidation of the Moscow Housing Inspection

6.1. Changes and additions to these Regulations are introduced by a decree of the Moscow Government in accordance with the established procedure.

6.2. The termination of the activities of the Moscow Housing Inspection is carried out in the form of liquidation or reorganization by order of the Moscow Government in agreement with the Main State Housing Inspectorate of the Russian Federation.

6.3. When reorganizing the Moscow Housing Inspectorate, all of its documents are transferred to the legal successor.

6.4. When the Moscow Housing Inspectorate is liquidated, its archives in an ordered state are transferred to the Moscow City Association of Archives in accordance with the established procedure.

The State Housing Inspectorate (GZI) is a Russian executive body whose responsibility is to control the country's housing stock. Each constituent entity of the federation has a local council functioning in accordance with the country's constitution.

GZI monitors compliance with housing legislation, as well as the implementation of laws on energy conservation and modernization. The housing inspectorate also oversees compliance with the requirements for the use and preservation of the housing stock, the rules for the formation of capital repair funds. Moreover, representatives of the organization can check a fairly wide range of organizations for legality. The Housing Inspectorate can also bring citizens to justice.

The Housing Inspectorate must monitor the legality of the creation of the Criminal Code, HOAs and housing cooperatives. Supervises the provision of utilities and the charging of payments for them. Checks that utility users are provided with all the information they need.

At the same time, what is important, GZI does not have the right to interfere and carry out inspections of the financial and economic activities of the Criminal Code, HOA, ZhSK.

Reasons for Complaints

You can contact the housing inspectorate for the following reasons:

Violation of the rules of maintenance and repair, the norms of providing utilities. The list of violations can include a wide variety of reasons - from a broken light bulb in the entrance, ending with mold on the walls and an inoperative elevator. You can also complain to the inspection about insufficient temperature. hot water, heating, on damaged railings and on the fact that they do not wash or clean at the entrance, and for other reasons - if the management company or the HOA does not want to solve all these problems;

Installation of utility metering devices;

Determination of the size and payment of utility bills (if it seems to you that the tariff is unreasonably overstated or the payment was calculated incorrectly);

Conclusion of contracts for the provision of public services;

Provision of the UK, HOA or housing cooperative necessary information consumers;

Improper use and maintenance of living quarters;

MKD management issues.

Whom to complain about

You can complain to the housing inspectorate about management organizations, HOAs and others legal entities that provide management services for apartment buildings, provide utilities.

Punishment

If during the inspection violations are revealed, then the housing inspectorate issues an order to eliminate them. If an administrative offense is revealed, a protocol is drawn up and measures are taken to eliminate the violations. In case of non-compliance with the instructions, the violator faces serious fines and even professional disqualification. The punishment may turn out to be criminal. At the very least, the inspector can send materials to law enforcement agencies to initiate a criminal case. Also, the inspector can go to court to protect the rights of owners and tenants of premises in MKD.

Management company licensing

A licensing commission is created on the basis of the housing inspectorate. She takes exams from the heads of the managing organizations. At the same time, their professional knowledge is tested. Then the Criminal Code is checked for compliance with licensing requirements. If everything turns out to be in order, then the organizations issue a license. The housing inspectorate must control the quality of management of the apartment building. For violations, the house can be excluded from the register of licenses, that is, taken away from an unscrupulous management organization. If the number of excluded houses grows, then management company deprived of the license for the right to manage apartment buildings.