Living in a multi-storey building, we depend on central networks for almost everything. It’s good if you have autonomous heating at home with a gas boiler. Those who warm themselves from central heating are sometimes not to be envied. You can hear complaints from many dissatisfied users about the degree of heating of their apartments. Some people are too cold, while others live with an open window and pay exorbitant prices. If the situation is familiar to you, then you can call a commission, it will measure the temperature in the apartment. Based on this, a report will be drawn up for measuring the temperature in the apartment, a sample of which is listed below. Having this act, you will be able to contact the CHP, and, if necessary, the prosecutor’s office with RosPotrebNadzor.
When does the housing office carry out work on connecting batteries?
In Russia, the heating season begins when the average daily outside air temperature becomes below +8°C, and ends when it begins to exceed +8°C, and it must be maintained for up to five days.
Standards
Let's consider the minimum temperature in the rooms:
- In the living room +18°C;
- In the corner room +20°C;
- In the kitchen +18°C;
- In the bathroom +25°C;
- In the lobby and on the landing +16°C;
- In the elevator room +5°C;
- In the basement +4°C;
- In the attic +4°C.
This value is measured on the inner wall of each room, and the distance from the outer wall should be 1 m, and from the floor 1.5 m.
If hourly deviations from standard parameters are noticed, then the heating fee should be reduced by 0.15%.
It should be noted that this temperature standard is valid after the opening of the heating season, and there are no indicators for the off-season.
You also need to know that hot water must have a temperature from +50°C to +70°C (SNiP 2.08.01.89 “Residential buildings”).
It is measured by opening the tap and lowering the thermometer into the container to a special mark.
Beginning and end of the heating season
The heating season in most regions of Russia starts on October 1-15. But this is an approximate date. Heating must be turned on when for five days in a row the average daily temperature outside remains below +8 degrees Celsius. It is not prohibited to start the heating season earlier, at the discretion of municipal authorities.
The batteries are turned off at the end of April - in May, when the average daily temperature remains above +8 degrees for five days.
What to do if the batteries do not heat well?
If the radiators do not warm the room, then the water from the tap will be at a lower temperature, and residents can write an application to the DEZ requesting an inspection. After inspecting the water supply and heating system, utility workers draw up a report, one copy of which remains with the residents.
If the complaint is confirmed, specialists are obliged to correct everything within one day to a week.
Also, if the water temperature in the heating radiators was 3°C lower (during the day) and 5°C lower (at night) than the standard, then the rent is recalculated.
Radiators must warm the room to the degree specified in the sanitary norm, since deviations in air temperature are not allowed. And if this happens, then it is necessary to make a recalculation, according to which, depending on the square footage of the premises, the rent will be reduced.
What to consider
When an application for carrying out measuring work in an apartment is submitted, it must be transferred to the heat supply organization or management company employees who have permission to perform such a service:
- To carry out the measurements, a commission must be created, which includes a representative from the management company or the heat supply organization.
- The measurement is carried out with special certified instruments. The presence of a certificate is mandatory; it should be checked with workers who come to the site.
- The commission arrives at the applicant at the time agreed upon with him.
- Outside, if it happens in winter, it should not be less than five degrees below zero.
- The temperature in each room should be measured separately.
Air ratio parameters
The room must have a certain air exchange rate, for example, if the room is residential and has an area of 18 or 20 m 2, then the rate should be 3 m 3 / h per square meter. m., the same parameters are also necessary in regions where the temperature reaches −31°C and drops below.
In dormitory kitchens and apartments equipped with electric and gas two-burner stoves and having an area of up to 18 m 2, aeration is 60 m 3 / h.
If there is a three-burner appliance in the room, then this value will be 75 m 3 / h, if there is a gas stove with four burners - 90 m 3 / h.
For a bathroom with an area of 25 m2, the air exchange rate should be 25 m3/h, and for an individual restroom with an area of 18 m2 - 25 m3/h. If the bathtub and toilet are combined and their area is 25 m 2, then the aeration is 50 m 3 / h.
If the common restroom has an area of 16 m2, then an air exchange rate of up to 50 m3 / h is required for one toilet, and 25 m3 / h for a urinal.
If the room is corner, then the room should be 2°C higher than usual.
During warm periods, the temperature in the elevator room should not exceed 40°C.
Statement of claim against the Criminal Code in court
Attention! Russian legislation provides for two courts with jurisdiction over this category of cases:
- magistrate's court - according to applications up to 50,000 rubles;
- district (city court) - for claims the price of which is above 50 thousand rubles.
The plaintiff can choose the city or district where to submit the application:
- at your place of residence;
- at the place of residence of the defendant;
- at the place of conclusion of the contract for the provision of services.
The content of the statement of claim is recorded in Article 131 of the Code of Civil Procedure of the Russian Federation:
- full name of the court;
- information about who is submitting the application;
- information about the defendant (the culprit of the incident).
- the essence of the violation;
- list of regulations protecting consumer rights;
- the circumstances to which you refer;
- available evidence;
- calculation of the cost of the application (this includes all expenses and losses of the plaintiff);
- attachments to the claim (list of all available documents and evidence);
- date of filing the claim and signature with transcript.
It’s easy to draw up a claim; the main thing is to include all the necessary information that we mentioned above.
ATTENTION! Look at the completed sample statement of claim to the court against the Criminal Code:
Regulations in force in Russia
Let's look at some parameters that depend on the outdoor temperature.
According to GosStroy Decree No. 170 dated September 27, 2003, if the coolant is supplied to the heating device from bottom to top, then the following standards are adopted, which are shown in the table:
Outdoor air temperature (°C) | Return (in °C) | Supply pipe (in °C) |
+5 | 39 | 50 |
+4 | 41 | 53 |
+3 | 43 | 56 |
+2 | 45 | 59 |
+1 | 46 | 62 |
48 | 65 | |
−1 | 50 | 67 |
−2 | 51 | 70 |
−3 | 53 | 73 |
−4 | 54 | 76 |
−5 | 56 | 78 |
It should also be taken into account that the temperature of the circulating fluid at the entrance of the heating system to the room must correspond to the schedule that regulates the utility network for a particular room.
According to SNiP - 41−01−2003 “Heating, ventilation and air conditioning”, which specifies standards not only for administrative, public, but also for residential buildings, it is emphasized that:
If the heating system is two-pipe, then the maximum coolant temperature should be +95°C, and if it is single-pipe, then +105°C.
Document requirements
The commission must have a form of the act. If it is compiled without it, the following points must be observed:
- The document indicates the full and exact address of the apartment. It is also necessary to record information about the owner.
- Then there is a list of housing characteristics. The number of rooms, the floor of the room, and how insulated the housing is.
- The technical characteristics of the heating system are also given. What should be in them? Wiring diagram, external temperature of heat exchangers, actual temperature of coolants (both supply and return).
- The temperature and humidity of the air and the temperature of the internal surface of the wall are indicated.
- As a result of the act, the reasons should be indicated (or indicated) that the temperature in the apartment is lowered or increased.
The drawn up and signed act is transferred to the Management Company or the heat supply organization, they must take measures to correct the situation.
ATTENTION! Actions after receiving the report must be taken within a week.
If there is no response, the consumer has the right to contact the prosecutor’s office or Rospotrebnadzor. In extreme circumstances - go to court. But it is important that the lawsuit be filed after appeals to other organizations have failed. It is important to have evidence of attempts to resolve the problem out of court.
Normal temperature in the apartment
Air temperature, C
Resulting temperature, C
Air speed, m/s
Cold season
The same, in the areas of the coldest five-day period (minus 31 degrees and below)
Bathroom, combined toilet
Lobby, staircase
Warm period of the year
- In ordinary rooms - 18 degrees.
- In corner rooms - 20 degrees.
- In the bathroom - 25 degrees.
- Battery temperature is a maximum of 35 degrees.
It is allowed that the apartment may be warmer than the established norm by 4 degrees and colder by 3. Temperature fluctuations over a larger interval at night are also allowed.
The apartment may not be heated in winter for a maximum of 24 hours per month. However, no more than 16 hours at a time. If this condition is not met, then for every extra hour residents must pay less for heating.
If any of the above does not correspond to the norm, then you can complain to the DEZ, HOA or management company. If they do not take action, then you need to complain to the city branch of the State Housing Inspectorate. In this case, there is a hotline and an online application form. However, first you need to prove that the low temperature in the apartment is due to the fault of the management companies. And to prove this, it is necessary to carry out measurements.
What compensation can you expect: formula and example
The procedure for making recalculation, as well as the formula, are prescribed in clause 101 of the “Rules for the provision of public utilities...” No. 354 and Government Decree No. 307 of May 23, 2006. When recalculating, the fee charged for the service is reduced by 0.15% for each degree. This amount is multiplied by the number of hours during which the temperature was below normal for a residential premises during the heating season.
Formula: Compensation amount = SxAx0.0015x(T norm. - T fact.)
Where:
S – heating fee – the full amount on the receipt for the period for which you want to receive compensation.
A – number of hours when the temperature was below normal
T is normal. – standard permissible air temperature
T fact. – actual temperature
Example. Heating fee per month – 4000 rubles. On December 1, you drew up a report stating that the apartment was 2 degrees colder than the standard, and handed the report over to the utility companies. But within 45 days (until January 14) there was no reaction. 45 days is 1080 hours. Payment for 1.5 months of heating – 6,000 rubles.
Compensation amount = 6000x1018x0.0015x2=19440 rub.
But there is a limitation: no matter how much compensation you calculate, it should not exceed the actual cost of heating. In this case, the compensation will not be 19,440 rubles, but 6,000 rubles, that is, the full payment for heating for one and a half months.
It is important to know that the recalculation period will begin from the moment a citizen files a complaint until the delivery of a service of inadequate quality is eliminated. That is, if measurements taken in December showed low temperatures, a recalculation for December was made, but it is still cold in January, you need to re-demand from the utility service provider a recalculation for the entire period of January.
How to increase the temperature in the apartment and eliminate heat leaks
Seal cracks in windows and doors. If the balcony is not glazed, then insulate the door leading to it. This is discussed in more detail in the articles:
Other leak locations can be detected using thermal imaging.
If you have fixed the leaks, but the apartment is still cold, you should pay attention to the heating radiators. Their surface should have the same temperature (but not - one end is warmer than the other). Also, the riser with the battery should be approximately the same temperature.
If this is not the case, then there may be several reasons:
- The heating system of the house is worn out
- any radiator is faulty
- you yourself limited the temperature on the thermostat
In the first two cases, you again need to contact the HOA or management company. However, you will have to wait until the end of the heating season to replace the batteries.
If you decide to start renovations in winter, then you don’t have to wait for the end of the heating season. Entrust it to us, and we will also replace the heating system.
The law established a parameter for residential premises during the heating season of +18 °C (in areas where the temperature is -31 °C for 5 days in a row, the standard is +20 °C). The management company is responsible for its maintenance.
To prove the discrepancy, it is necessary to measure the air temperature in the apartment.
Heating in apartment buildings
With the arrival of the first cold snap, chilled residents of apartment buildings are interested in the question: when does the heating season begin? The answer will depend only on the weather outside the window.
There are certain rules following which utility companies supply heat to apartments:
- In autumn, temperature measurements are taken over 10 days. And if throughout this period it remained below +8, it’s time to turn on the heating.
- If the temperature changes, when one day it can be +2°, and after a couple of days +10°, heating is not supplied.
- In spring, the decision to stop the heating season is made based on a five-day interval when the temperature was above +8 °C.
Also, don’t panic if you find out that your friends’ house is already getting warmer, but your radiators are still cold. By law, utility companies have ten days to supply heating to all high-rise buildings.
Legislation
- The Housing Code of the Russian Federation establishes quality criteria for the provision of housing and communal services.
- Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of residential premises in apartment buildings.”
- Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170 “On approval of rules and standards for the technical operation of housing stock” regulates the requirements for the maintenance of common property. Clause 4.10.2.1 makes it the responsibility of the management company to control the microclimate of residential buildings.
- GOST 30494-2011 “Residential and public buildings. Indoor microclimate parameters" describes how to measure correctly.
- SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises. Sanitary and epidemiological rules and regulations.” Appendix 2 provides temperature standards for living rooms.
- SNiP 02/23/2003 “Thermal protection of buildings. The updated edition" lists the requirements for the temperature of external walls and floors.
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>> How to measure the temperature in an apartment, where to go
- Where to go if you have the act in hand
- Reasons for complaining about low temperature in the apartment
- What to do if the temperature in the apartment is below normal?
- Checking and measuring temperature
- Compiling and submitting an application
Living in a multi-storey building, we depend on central networks for almost everything.
It’s good if you have autonomous heating at home with a gas boiler. Those who warm themselves from central heating are sometimes not to be envied.
You can hear complaints from many dissatisfied users about the degree of heating of their apartments. Some people are too cold, while others live with an open window and pay exorbitant prices. If the situation is familiar to you, then you can call a commission, it will measure the temperature in the apartment.
Based on this, a report will be drawn up for measuring the temperature in the apartment, a sample of which is listed below. Having this act, you will be able to contact the thermal power plant, and, if necessary, the prosecutor’s office with RosPotrebNadzor. Not only the air temperature is measured, but also the walls. Before measuring the temperature in the apartment, you need to familiarize yourself with the regulatory framework. If the air temperature in your home does not fit within the limits established by state standards, then you can file a complaint to eliminate the discrepancies.
Regulatory documents:
- SNIP No. 2.1.2.2645-10.
- GOST No. R-51617-2000;
According to these documents, the optimal and permissible temperature is established for each room.
There is also an upward and downward error.
How to measure air temperature
You can take measurements in rooms using a mercury or electronic thermometer.
Is it possible to do this yourself
If there are suspicions that the air is colder than the norm, an experiment carried out independently will help make sure. But it will not be possible to use these results as official confirmation of violations on the part of the management company.
In order for the act to be considered a legal document, measurements must be made by a government organization using special certified equipment.
A home thermometer does not meet these criteria. But independent research makes sense before calling a competent organization, as it will make it possible to verify the correctness of suspicions.
How to measure correctly
You can use a home thermometer; buying a specialized one is pointless. The measurements must be taken by an accredited organization, but they cost much more. When experimenting, you should take into account the following nuances:
- first you need to make sure that the windows and doors are tightly closed;
- the device should not be exposed to heating or cooling devices, direct sunlight;
- when measuring, you do not need to hold it in your hands so as not to increase the readings;
- allow the thermometer to record readings (10 minutes);
- more objective results will be obtained by using several different instruments;
- You need to measure the temperature of at least two living rooms, depending on the construction features of the apartment;
- It is advisable to take measurements in the center of the rooms and display the average result.
Where to go if the temperature regime is violated?
As you already understand, the first step towards solving the problem is to measure the temperature yourself. Then you need to call the dispatch center. It happens that the problem is solved by removing blockages from the pipes. If the team does not find the reason, write a request to measure the temperature and draw up a report, it is submitted to the management company.
Suppose the company responded quickly, and you have a report in your hands stating that the temperature does not meet the stated requirements. Defects identified during measurement must be corrected. You can write a statement to:
- Management company;
- Housing inspection (file a complaint against a housing company);
- Rospotrebnadzor (write a complaint to the two previous authorities);
- Federal Antimonopoly Service;
- Prosecutor's Office (complain to three authorities, supporting evidence of your appeal);
- Courts.
If you did not receive help at each stage, you should definitely save the answers from the previous authorities, which will serve as a reason for going to court. When you file complaints against a particular authority, prepare 2 copies. One should remain with you with a note indicating that the document was accepted and registered.
To go to court you will need:
- Copies of all applications with marks of receipt, responses;
- Application to the service organization;
- Checking act.
The service organization is obliged to eliminate the deficiencies by court decision and recalculate the payment for heating. Remember that you can file a claim in court only after you have gone through previous authorities. The proceedings always begin with the management company or housing office. A complaint about poor heating performance is made to the boss. When you submit a request to measure your temperature, you must include the following:
- Name of the management company, full name of the director;
- The word "Application";
- Then you must state the request “Measure the air temperature in apartment number ___. It is necessary to indicate the temperature when taking independent measurements;
- The following should be cited regulatory acts, namely Government Resolution 354;
- Date and signature.
When the completed measurement report is in hand, you can proceed further.
Contacting the management company
If there is no heating in the entire house, residents can write a collective statement. Before drawing up the document, make sure that the neighbors are not making repairs or turning off the heating. If the riser is hot, but the radiators in the room do not heat up, it means that air has entered the system, and the problem can be solved quickly.
A complaint about insufficient heating must have a compelling basis, for example:
- The heating season has begun, but you are not receiving it;
- The heating system does not work for a long time or works intermittently;
- Heat is supplied, but it is weak.
Any complaint attracts more attention if it is made by several people rather than by just one. The document is drawn up in any form. It must reflect the tenant’s data and contacts, the name of the company and the manager’s data, as well as a request to fix problems, compensate for losses and recalculate payment under Article 29 of the Law “On Protection of Consumer Rights”.
Include in the text of the appeal information that you regularly pay your bills; attach to the paper the completed statement and receipt of payment for the previous month. The application is drawn up in two copies, one of which remains with you with a note indicating acceptance of the document. If the management company gives a formal response and does not correct the situation, save it and move on.
Application to the housing inspection
It often happens that residents are unable to get the issue resolved by the management company. In this case, you must contact the housing inspectorate with a complaint against the management company and a request to take action. Usually such an appeal is decided in favor of the residents.
You must attach to your application a copy of the application to the management company, a report with measurements, payment receipts, and a response from the management company, if there was one. The complaint is sent by registered mail or in person.
You can fill out an electronic application form on the housing inspection website. A form will open in front of you, in which you enter all the necessary information. Typically a response is received within 30 days. If it does not satisfy you, contact Rospotrebnadzor.
Complaint to Rospotrebnadzor
You send an application to this body with all the documents and answers from previous authorities. The complaint form can be free. First, you need to find out the details of the manager in a specific region and write an application addressed to him.
The header of the document contains the data of the regional office of the head of Rospotrebnadzor, as well as the data of the applicant; the essence of the problem is stated in the main part. Attach to the document the certificate of measurements taken and all completed statements.
Lack of heating can lead to residents getting sick and things falling into disrepair. You can reflect these facts in a letter if they occurred. For this organization, residents must prepare meeting minutes. The complaint is reviewed within 5 days. You can send it online, submit it in person, or by registered mail. Don't forget to attach all copies of documents.
Complaint to the Federal Antimonopoly Service
A service like this is another opportunity to solve your problems. It does not directly address heating problems, but monitors the activities of commercial as well as non-profit organizations. Many people do not even suspect that they can send an application to the FAS and have the violator checked.
The structure will monitor compliance with the law. A complaint is being made about the heating network. And rest assured that it will not go unnoticed. FAS organizes inspections to determine violations. If, as a result of inspections, the organization records violations, the company will bear administrative liability in the form of a fine.
Perhaps you will not achieve a solution to the issue, but you will stir up the authorities that are not fulfilling their duties.
Complaint to the prosecutor's office
You can file a complaint only if the issue has not been resolved after contacting all previous authorities. The complaint is submitted in person, on the State Services portal, but if registered, or by mail.
This body reviews the application within 1 month. The application must be substantiated and supported by copies of all previous complaints. Despite the fact that the text is written in free form, your application may be refused if it contains threats against previous authorities, swear words or emotional overtones. The application cannot be written in capital letters or in Latin.
It certainly contains:
- Your details and apartment address;
- Date of occurrence of heat problems;
- Description of all steps taken;
- Air temperature.
An application to the prosecutor's office is accepted if you have a passport and a copy of all documents for the apartment. After the inspection, the prosecutor's office will give a comprehensive answer.
Lawsuit
Those people who were unable to achieve recalculation of payments and compensation for damages file a claim. The application must be submitted at the place of residence, accompanied by evidence of inaction and all papers from previous authorities.
A court decision can force the management company to fulfill its obligations. Typically, citizens file a claim themselves or draw it up with the help of a lawyer. Practice shows that in most cases a claim helps to achieve justice.
The court will order the defendant to fulfill his obligations. The complaint is filed after you have completed all the above steps. 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.
The application is drawn up in the district court or the magistrate's court. You can submit an application if the value of the claim is more than 50,000 rubles. This includes the cost of damaged property or treatment, repairs, as well as recalculation of heating bills. The content of the application is specified in Article 131 of the Code of Civil Procedure of the Russian Federation.
We offer you forms and examples of applications to various authorities that will help you fill out the paperwork correctly.
Application form to the management company to measure the temperature in the apartment WORD 36.00 KB
Temperature check report in the apartment WORD 47.00 KB
Form of statement of claim to court against the management company WORD 40.00 KB
Application for recalculation of heating fees WORD 35.00 KB
Complaint form to the management company for low temperature in the apartment WORD 39.00 KB
Who can take measurements legally?
If it’s cold at home, the first thing you need to do is contact the emergency dispatch service, where it will be recorded, the applicant will be informed of the number, date and surname of the person who accepted the application, and the management of the management company.
It is the one that is legally responsible for maintaining normal temperature.
In the application, request a check to inspect the apartment and record the fact of cold air. The commission must agree on the date and time of work with residents, and before the procedure, present a certificate of verification of measuring instruments.
Rules for measuring according to standards
The legislation clearly regulates the process of studying the microclimate of an apartment.
How is it measured?
GOST establishes rules for recording air temperature measurements in living rooms:
- If it is relatively warm outside in winter, above -5 °C, the sun is shining, the temperature is not measured. The room is heated, the result will be distorted.
- You need to measure at a level of 0.1, 0.6 and 1.7 m from the floor.
- The experiment must be carried out in two rooms with an area of at least 5 m2.
- Only certified and duly verified measuring instruments are used.
- The organization must have an accreditation certificate.
- Performers must use approved methods and formulas for calculating the total.
When making measurements, the commission must use a device that meets the requirements of GOST 30494-96; the thermometer must be certified and have an unexpired state verification certificate issued by the Center for Metrology and Standardization of your region.
The act of measuring the temperature in the apartment
A certificate recording the temperature in the apartment is issued by a commission of representatives of the management company with the participation of the resident or an independent organization operating under a contract.
The date and location of the study are indicated, and the members of the commission are listed. The main part contains the recorded measurement results in each room (specific temperature).
The methods and rules that were followed in the process are described. At the end, the commission members and the owner sign. A copy of the act is provided for each of the parties.
Where to go if you have the act in hand
Once you have managed to measure the temperature in the room, you can contact the service organization with a request to correct the current situation. They have a week to review your application, after which some action must be taken. If there is no response from the service company, then you can complain about them. The prosecutor's office deals with such issues. A letter to RosPotrebNadzor - protection of consumer rights would be useful.
If the culprit for the discrepancy between the temperature regime in the apartment and the regulatory documents is the housing office, then you can complain about it to the housing inspectorate. This is an organization that issues certificates to house management companies, which include housing and communal services.
All your appeals to government agencies must be recorded. In court, you must present as many facts as possible of ignoring your complaints and, of course, evidence of failure to comply with the legal requirements of regulatory documents. In addition to correcting the shortcomings, the service company is also obliged to recalculate the tariff for the period of provision of the service not in full.