Garbage chute in an apartment building: law, rules of use, can it be closed. Soon all garbage chutes in the entrances may be welded. Is it possible to weld a garbage chute without the consent of residents?

Let's get acquainted with the waste collection system in apartment buildings. These are the following elements:

Garbage chute. A long vertical metal or asbestos-cement pipe. It goes through the floors of the building. It is through this pipe that the garbage makes its way to the container of the garbage collection chamber. Its standard diameter is 400 mm.
Loading valve. This is a device with a hatch where residents on their floor place bags of waste.
Shiber. It can be either straight or inclined. A device at the end of the garbage disposal barrel that allows the pipe to be temporarily closed. Why is this necessary? So that the janitor can empty the garbage container, and waste does not enter the chamber at this time. Also, such an overlap is necessary for repairs and preventive maintenance.
Support coupling. The element that connects the gate to the garbage disposal barrel.
Fire damper. A very important component. If a fire occurs in the waste chute, the valve automatically closes the pipe, preventing the flame from spreading into the waste collection chamber. It is often built into the gate.

Washing device. Necessary for pipe cleaning. In addition, in case of fire, it is used as an automatic extinguishing agent.
Ventilation unit. Located at the top of the garbage chute. Responsible for extracting unpleasant odors. The unit has a built-in deflector that prevents precipitation from entering the barrel.
Garbage collection chamber. The room where the containers into which waste is received are located. Usually located on the ground floor or in the basement.
Container. This is where waste comes from the garbage disposal shaft. It is a trash can on wheels.
Compactor. A device that compacts and compacts debris that falls into a container.
Quencher. A device that slows down the speed of falling debris. This is what prevents noise.

Advantages and disadvantages of the device

Garbage chutes in residential buildings - evil or one of the useful inventions? Let's look at the pros and cons of such devices.

Advantages	Flaws
Convenience - you don’t need to go outside to throw garbage into a container, which is unpleasant in bad weather, takes time. In addition, such “hikes” are difficult for people with limited mobility	Unsanitary conditions and its sad consequences if there are residents in the house who are negligent about the device
Saving. Surprisingly, sometimes the fee for using a garbage receptacle in a house is much lower than the cost of removing solid waste from containers in the local area	The sound of garbage being thrown out. Especially when residents use the garbage chute top floors skyscrapers
Aesthetic factor. If citizens treat the garbage chute in good faith, then it does not cause inconvenience. What can't be said about trash container- the tank spoils the appearance of the local area and can become a shelter for homeless animals. The wind, the outcasts, the hooligans, are doing their job, turning over these containers in the yard	Unpleasant smell, if waste removal and disinfection of garbage chutes are not carried out on time by utility services
.	Very favorable conditions for the breeding of rats, mice, cockroaches, and other unpleasant “neighbors”

Let's move on now to the next section.

Garbage chute maintenance

Garbage chute maintenance apartment building- the prerogative of the management company or firm chosen by the meeting of homeowners to perform this task.

According to current legislation, service includes the following:

Daily garbage removal. The schedule for this must necessarily include a service agreement.
System disinfection. Held every month. If the garbage receptacle is a new type (equipped with cleaning devices), then every week.

These regulations are based on SNiP 42-128-4690-88 (clause 2.2.8).

Management and garbage chutes

If any problems arise with the garbage disposal not due to the negligence of the residents, but precisely due to the fault of the management company, then the first thing you need to do is solve the problem with its management. After all, according to Art. 36 of the Russian Housing Code, the Criminal Code is obliged to maintain all common building property, including the garbage collection.

As part of this, an agreement must be concluded with the management company for the maintenance of the waste receptacle, as well as the removal household waste, accumulating in the device. If such an agreement exists, then maintenance of the garbage chute is the prerogative of the management company. By the way, according to the law, the management company is given exactly one day to eliminate malfunctions associated with the device, as well as to eliminate blockages in it.

Rules for using a garbage chute

As you know, it is clean where there is no litter. Therefore, it is enough to follow simple rules for using a garbage chute in an apartment building so that it does not become a garbage dump on the staircase and a headache for all residents:

Do not throw bulky waste into the device, which may cause it to clog.
Place waste in a special bag or other container before sending it to the receptacle.
Do not pour out liquid waste.
Do not throw burning or smoldering objects, which may cause a fire.

Garbage chute and the letter of the law

A number of legal problems are associated with this device due to the fact that there is no single law regulating the arrangement, operation and elimination of this comfort indicator. One of the current SNiPs responsible for the garbage chute in an apartment building is a document adopted on January 31, 2013. But even with it, everything is not completely clear, since it has been subject to a number of editions:

In its original form (2011), a garbage receptacle was mandatory in houses specially built for the disabled and pensioners. The issue with other residential buildings lay on the conscience of the city authorities.
The final form (2016) of SNiP states that garbage chutes are required in houses for the disabled and pensioners higher than two floors, as well as in other residential buildings more than five floors high.

But here too there is a clarification regarding the same SNiP. The developer may not install a waste receptacle in a residential building if daily removal of solid waste (solid waste) from containers installed in the local area is organized. It must be said that this alternative is also supported by Rosstandart.

Is conservation of the garbage disposal realistic?

If homeowners are against the garbage chute in the entrance, then the problem is solved radically - the hatches on all floors are simply welded shut. The reason is unsanitary conditions, high cost of use, etc.

However, the procedure for preserving the garbage disposal at the entrance has a number of nuances:

Even one tenant can be the initiator. But his proposal must be supported by at least 1/2 of the homeowners in this building.
Without the consent of other residents, no one has the right to seek the closure of the hatch, even on their own floor.
Another important point. Regardless of whether the garbage bin will be welded on one landing or in the entire entrance, acceptance general solution All residents of the house are invited.

How to close a garbage chute?

The problem is solved in the following way:

Including the issue of mothballing the garbage chute on the agenda of the residents' meeting.
Each owner must sign that he was invited to the meeting and that he is aware of the problem being discussed.
Documented solution to the issue of introducing an alternative - street containers (a special site has been allocated, the containers themselves have been purchased and delivered, an agreement has been concluded with the relevant company for waste removal, etc.).

Restoring the garbage disposal

The opposite case is also relevant, when the garbage chute becomes needed again by residents. However, restoring its operation is not an easy process. After all, you will have to clean the pipe, repair or replace hatches damaged by welding. Nevertheless, the management company must accommodate the residents at their request. Otherwise, the problem is resolved through court.

In order for the court system to begin considering a case, a decision by the homeowners, signed by at least half of all residents, is required. As practice shows, the claim is most often satisfied in the following cases:

The plaintiffs are pensioners and disabled people.
The closure of the garbage chute was temporary (for example, during cosmetic repairs of the entrance), but upon completion of the work its functionality was not restored.
Instead of removing the blockage, the management company simply preferred to weld the hatches.
The procedure for preserving the garbage disposal was carried out with violations.

A garbage disposal is a useful device if residents follow the rules for using it, and the management company conscientiously maintains it. Otherwise, apartment owners may advocate its conservation.

IN Soviet era Living in a house with a garbage disposal on the floor was considered lucky. The ability to get rid of waste without leaving the entrance was considered an additional convenience that the progress of civilization provided. It even got to the point that in some cases the garbage chute pipe was led directly into the apartment, so that people did not even need to go out onto the landing.

However, it soon turned out that a garbage disposal container in the kitchen or hallway is not the best best idea. She, of course, flattered Laziness, but led to the emergence of unsanitary conditions at the location of the “window” for garbage disposal. And the constant roar of waste thrown out by the neighbors above did not give rest to the owners of this miracle of civilization living on the lower floors.

Today in Russia, according to the standards provided for developers, every residential apartment building built in our country is simply required to have a garbage chute. But people are often not enthusiastic about this idea. In many new buildings, at meetings of residents, decisions are made to seal the “windows” for waste disposal and never use them again.

Why is this decision being made? AiF.ru decided to analyze all the pros and cons of modern garbage chutes in order to understand what makes people abandon this benefit of civilization.

Pros

Almost any convenience in the entire history of development modern society was a product of human laziness. In order not to run to the well for water, we invented a water supply system; when we got tired of walking, we invented the bicycle; when we got tired of sweeping the apartment with brooms, we invented a vacuum cleaner. Same with the garbage chute. When a person got tired of running out of his apartment almost every day with a bag full of waste, he found a way to reduce the distance from the door of his home to the disposal site.

This is how the garbage chute appeared. Therefore, its main advantage is convenience. Instead of in winter time years of putting on warm clothes and shoes, waiting for the elevator, running 20, or even 100 meters from the house to the garbage containers to throw out this unfortunate bag, now all you have to do is go out onto the landing, go to the garbage chute, open the container, throw out the bag , close and go back to your favorite chair in front of the TV.

In many ways, a plus related to “convenience” may lie in the availability of this method of getting rid of garbage. Do not forget that, in addition to outright lazy people, it is a real boon for people with limited mobility. These include people with limited mobility. Nowadays, much attention is paid to creating a barrier-free environment. So the garbage disposal is one of the opportunities to make their life easier. Also, the garbage chute is often used by elderly people, for whom a simple trip to the container can be a real difficult journey.

Actually, this is where the advantages of the garbage chute end. Then only the disadvantages begin, which increasingly prevail over human laziness, leaving behind those for whom the garbage disposal is almost a physical necessity.

Cons

Anyone would say one of the main disadvantages of a garbage chute is dirt. Often, the “windows” with containers for garbage disposal turn out to be too small and some of the sewage does not fall out into the garbage chute itself, but next to it. No one is in a hurry to clean up after themselves at the latrine, preferring to leave it to the utility workers. Also, blockages often occur in the garbage chute, in which waste accumulates. And the garbage disposal itself, which is located on the first floor, can hardly be called a clean place.

The third disadvantage is the noise created by waste flying down at great speed. Yes, you can hear them differently than in houses where there are still garbage chutes with outlets to each apartment. But in rooms located not far from the passing waste pipe, you can periodically hear someone from above throwing out another bag of sewage.

Is it possible to weld a garbage chute and how to do it?

What to do if you nevertheless decide to refuse this controversial benefit of civilization, but do not know how to get permission to seal all the containers leading to the garbage chute in your entrance, because an individual refusal will not solve the problem.

The decision to “seal” a garbage chute should be made exclusively by residents apartment building and cannot in any way be imposed by the operating organization or anyone else. If you have a garbage disposal in your house, and you also large number If you want to refuse to use it, you must put this issue to a vote during the next meeting of residents. If your initiative finds support from at least two-thirds of your neighbors, consider it done. All that remains is to send an application for welding of “windows” for garbage collection on the floors of housing and communal services, and they will happily waive the need to control the daily removal of garbage from your entrances, as well as the periodic disinfection of the garbage chute itself.

The reverse logic is also true. Often today, when you move into a new building, the garbage chute turns out to be welded shut, and the management organization refuses to start using it. Please keep in mind that such actions are illegal. To change the situation, you just need to vote for “depressurization” of the garbage chute. This requirement must be sent to an organization that will be obliged to fulfill your decision, taking upon itself not only the obligation to open the “windows”, but also to ensure constant garbage removal and maintain cleanliness in the garbage chute.

By the way, the procedure for disinfecting the garbage chute should be carried out at least once a month. And they are required to pick up trash from the basement every day. Schedule shifts may occur due to holidays or weekends. As for complaints, all such issues should be addressed to the Moscow State Housing Inspectorate. She is the one who ensures that it is used correctly. apartment buildings, including compliance with sanitary standards and rules in this area.

Residents of the apartment complex are asking management organizations to weld a garbage chute to make the entrance cleaner. UO would be glad to meet halfway, but they doubt: the State Housing Inspectorate can issue an order to eliminate the malfunction of the garbage chute. Elena Shereshovets tells how the UO can weld a garbage chute and not be afraid of the State Housing Inspectorate.

Responsibility to monitor the condition of the garbage chute

The garbage chute is part of the common property of the owners of premises in the apartment building. This means that the organization that manages the house must provide services and carry out work on the maintenance and repair of the garbage chute (Clause 1, Part 1, Article 36 of the Housing Code of the Russian Federation).

The listed works are mandatory for management organizations only if waste in the house is removed through a garbage chute - that is, a garbage chute is used. The fact is that there are several ways to remove household waste from residential buildings and premises. They are listed in section 8.2 of SanPiN 2.1.2.2645-10:

through the garbage chute;
through containers at container yards;
through other containers that are intended for collecting household waste.

Let us remind you that we are talking about the common property of the owners in the apartment building. This means whether to use a garbage chute or put a container site in the yard and store waste there is decided by the OSS.

The management company can weld a garbage chute if the owners decide so

Only the OSS can decide where and how to collect waste. It has the right to do this, because it concerns the common property of the apartment building. The decision of the OSS is mandatory for all owners, even for those who did not vote (part 5 of article 46 of the Housing Code of the Russian Federation). It will be a violation if such a decision is made by the management organization.

Welding of garbage chutes does not lead to a decrease in the total property and does not violate the integrity and tightness of the garbage chute trunk. When welding hatches, the garbage chute itself is not dismantled. Therefore, at the OSS there is no need to collect 100% of the votes; a simple majority is enough.

We conclude: if there is a decision of the general meeting of owners of premises in an apartment building, the welded buckets of the garbage chute do not indicate its malfunction and the management organization is not obliged to ensure its operability. The order of the Civil Housing Inspectorate in this case will be illegal.

If there is a decision by the OSS, the courts side with the MA

If there is a decision by the OSS to seal the garbage chute, the courts support the management organizations. This is confirmed, for example, by the resolution of the Arbitration Court of the North-Western District dated June 25, 2015 in case No. A56-59092/2014.

GZHI held an unscheduled on-site inspection compliance by the management organization with the rules for maintaining common property in one of the apartment buildings and discovered that the loading valve cover was welded shut and the garbage chute was not working. The inspection issued an order to eliminate the violation.

The management organization filed a complaint with the court and emerged victorious. This is how the court reasoned.

If the house is managed by a management organization, it is responsible to the owners for the provision of all services and performance of work to ensure proper maintenance of the common property in this house (Part 2.3 of Article 161 of the Housing Code of the Russian Federation).

The requirements and procedure for maintenance and repair of housing stock are determined by Rules No. 170. According to paragraphs. “e” clause 5.9.3 of these rules, the loading valve and bucket of the garbage chute must ensure the free movement of solid waste into the trunk of the garbage chute.

The owners of premises in an apartment building own, use and dispose of the common property of the house (Part 2 of Article 36 of the Housing Code of the Russian Federation). The decision of the OSS, taken on issues within its competence, is binding on all owners of premises in a given building, including those who did not vote (Part 5 of Article 46 of the Housing Code of the Russian Federation).

In our case, the general meeting of owners decided not to re-open the garbage chute. That is why the court sided with the management organization.

1. Please how to write an application to the Criminal Code to weld a garbage chute in the entrance.

1.1. Good afternoon. We need a decision from the general meeting of owners of the premises of an apartment building on on this occasion accept. There's no way you can do it without this.

The answer helped you: Yes No

1.2. Hello, Nina Nikolaevna!
An application to the Criminal Code with a requirement to seal the garbage chute is drawn up in any form. State your reasons and demands.

The answer helped you: Yes No

1.3. Hello! State the essence of the problem in any form, justify it and indicate what you are asking. In this case, it will be better if the statement is collective.

The answer helped you: Yes No

1.4. Hello! In this case, write in any form according to this circumstance.
Thank you for being with us, we were glad to help you!

The answer helped you: Yes No

2. They welded up a garbage chute in our new building, is this legal?

2.1. Hello, to make such a decision, it is necessary to hold a general meeting of the owners of the apartment building. If there was no meeting and there was a quorum this issue is not dialed, then the actions are illegal. Contact your management company.
Good luck and all the best

The answer helped you: Yes No

2.2. Good afternoon
This information you need to find out from your management company why this happened. You can write a complaint to the housing inspectorate and the prosecutor's office
Best wishes.

The answer helped you: Yes No

2.3. Good afternoon, Anna! If there are deviations from the project, there is no decision by the owners on their consent to carry out this work, then the actions of the developer are not legal. You can make a claim and demand that deficiencies be eliminated, indicating a deadline for their elimination. I advise you to contact lawyers in personal mail they will help in solving your problem, suggest ways and means of solving it, draw up necessary documents. You can successfully resolve your issue with legal assistance.
Thank you for using the site's services!

The answer helped you: Yes No

2.4. An interested person has the right, in the manner established by the legislation on civil proceedings, to apply to the court for the protection of violated or disputed rights, freedoms or legitimate interests. (Part 1 of Article 3 of the Code of Civil Procedure of the Russian Federation)

The answer helped you: Yes No

3. Some people are against it and welded up a garbage chute in our entrance.

3.1. Good evening!
The disposal and use of common property is possible only with the consent of all co-owners.
You should file a complaint with the Prosecutor's Office.

The answer helped you: Yes No

3.2. Hello, in an apartment building that has a garbage chute, it can be sealed based on a decision of the general meeting of owners, adopted in the prescribed manner.
To resolve your issue, you need competent legal assistance. Always happy to help!

The answer helped you: Yes No

4. We want to weld a garbage chute in the house, but there should be votes in favor

4.1. No one will allow you to do this, no matter how many votes there are. Today there are only residents in the house, tomorrow there will be others, and no one has the right to deprive them of the right to use the garbage chute.

The answer helped you: Yes No

4.2. Hello, Love.
A simple majority vote is sufficient.
(Resolution of the Government of the Russian Federation dated August 13, 2006 N 491, Article 44 and Article 36 of the Housing Code of the Russian Federation).

The answer helped you: Yes No

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Thanks for your answer. To merge cases - the parents must accept the claim for proceedings before merging. And the parents were refused to accept the claim. That was the question - how?

5. To seal a garbage chute, how many votes are needed? 100% or more than 59%?

The answer helped you: Yes No

5.2. The quorum is more than 50%.

The answer helped you: Yes No

6. Does the chairman of the homeowners association have the right to weld a garbage chute?

6.1. Hello. No, without a court decision or a general meeting, this is not legal.

The answer helped you: Yes No

6.2. Unfortunately, no! It is necessary that at the meeting this issue be resolved positively by voting and adopted by a majority of votes. Or the residents of the entrance must all write a statement and hand it to the chairman.
Fight for your rights!!! Good luck to you!

The answer helped you: Yes No

7. Where can I go to have a garbage chute welded in a 9-story building?

7.1. Contact the management company, but since the garbage chute is community property, all issues with its use are resolved at a general meeting of owners

The answer helped you: Yes No

8. They welded up a garbage chute in a 17-story building, I’m not happy with it. Half of the entrance is not yet inhabited. Do they have the right to do this? There was a meeting of those residents who existed at that time; to be honest, I didn’t take it seriously that they could really do this, so I didn’t take part in the voting. And now they have welded up a garbage chute, but many residents are only now moving in. What should I do, I would like to restore the garbage disposal?

8.1. Good afternoon Initiate a meeting of residents and bring the issue up for discussion. If a majority vote makes a decision to restore the garbage chute, the management company will be obliged to restore it.

The answer helped you: Yes No

9. We welded the garbage chute. Violating the rights of a disabled person, regarding accessibility to engineering structures. During the year, they pay for the maintenance of the garbage chute. The management company does not recalculate. Where to contact?

The answer helped you: Yes No

10. I wanted to inquire about the installation of a partition where the welded garbage chute was installed, now a neighbor came and said that she had written a statement to the Criminal Code saying that it was somehow interfering with her, what should I do? How to legitimize? Thank you.

10.1. You did not indicate where you installed the partition, in the apartment, on a common plot of land, and how it interferes with the neighbor. Clarify the question and ask again.

The answer helped you: Yes No

10.2. Hello, since this place is common property owners of an apartment building, then it is possible to legitimize your use of it only as a result of holding a general meeting of owners of the apartment building and obtaining a quorum on this issue. Otherwise, you will have to return everything to its original state.
Good luck and all the best

The answer helped you: Yes No

11. At the time of the overhaul, the management company welded up the garbage chute and now they have bricked it up. As the owner of the property, I am against it, especially since I don’t have my signature because I was notified of the meeting at which the decision was made by a majority vote. Plus, regarding hot/cold water meters, they demand that they be removed and taken for verification. Counters are 10 years old. And they calculate water consumption not according to meters, but according to some other standards. They ignore taking readings, citing a malfunction, although the passport states a 15-year warranty.

11.1. Contact the housing inspectorate and the court.

The answer helped you: Yes No

12. How can we weld a garbage chute in a house that belongs to the housing cooperative? I heard that if the World Cup is held, the city will be required to seal all garbage chutes (conditions for holding the championship) and install waste separating tanks.

12.1. You can't do it on your own.

The answer helped you: Yes No

12.2. need to check with the administration

The answer helped you: Yes No

12.3. In order to weld a garbage chute, you need a decision of the general meeting of owners of apartment buildings

The answer helped you: Yes No

13. The senior person at the entrance insists on sealing the garbage chute. I am categorically against this. How many residents must vote for the decision to weld the garbage chute so that it has legal force? Should this be the decision of all residents of the house or is the decision of the residents of the entrance sufficient? How can I defend my rights in connection with disagreement if a decision is made to weld a garbage chute?

Thanks for your answer, Elena.

13.1. The garbage chute is provided for by the house design and its maintenance is probably included in the tariff for the maintenance and repair of common property. Therefore, you have not one problem, but two, because... it is necessary to resolve the issue of preserving the garbage chute and excluding the amounts for its maintenance from the tariff; besides, there is a garbage chute at every entrance. The issue of welding (mothballing) the garbage chute must be resolved at a general meeting and the issue of excluding amounts for its maintenance from the tariff must also be resolved there. It is necessary to invite a representative of an organization engaged in the maintenance and repair of common property and collecting money for this to this meeting.

The answer helped you: Yes No

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14. We have a working garbage chute in our house. Because of this, we suffer from stench, mice and rats. They run around the apartments. The majority of residents are 90% against the garbage chute, but the management committee says that there should be 100% of the votes. Only in this case will the garbage chute be welded shut. Is this legal? And is it possible to weld a garbage chute by contacting Rospotrebnadzor with a statement, adding a number of votes and citing unsanitary conditions in the house. Rat baiting is carried out regularly, but these measures do not help!

14.1. Hello! The garbage chute can only be sealed by holding a general meeting of the owners of the apartment building.

The answer helped you: Yes No

15. A garbage chute has been welded in the house; in response to my complaint to Rospotrebnadzor and the housing inspectorate, they refer to the voting protocol of the owners of residential premises (51 percent for not opening the garbage chute). Can, with the consent of all residents, not weld the garbage chute in a multi-story building? On what basis do residents decide this issue? (if possible, indicating the articles in the law) Do they have the right to close the garbage chute without the consent of all residents, because it belongs to common property.

15.1. Dear Yulia.

The absence of a garbage chute in a building higher than five floors is possible only if there are other means for garbage disposal - otherwise the housing may be declared uninhabitable.

According to the Housing Code, mothballing a garbage chute can only be done with the consent of the tenant-owners. The decision is made by a majority vote - that is, if at least a little more than half of the residents agree to get rid of the garbage chute, utility workers have the right to seal it. You can vote for such a decision in any form - holding a general meeting, distributing ballots to apartments, or simply a collective letter signed by residents. Before closing the garbage chute, REU employees are required to clean and disinfect it. And then recalculate, that is, do not deduct money for cleaning it as part of the rent.

With the consent of the resident owners, a closed garbage chute can be reopened (in this case, a collective letter is also sufficient).
ALL THE GOOD TO YOU.

The answer helped you: Yes No

16. In our nine-story building, they welded a garbage chute, because of the high fees, they asked the residents that the monthly payment would rise by 200-300 rubles, depending on the square footage of the apartment, and the majority voted to weld it, I live on the 9th floor, This is a very big inconvenience for me, please help.

16.1. There must be a decision by the owners in this regard. If this decision adopted by a majority of votes in accordance with the Housing Code of the Russian Federation, it is unlikely that you will be able to do anything. Contact the board with a statement.

The answer helped you: Yes No

16.2. Good afternoon

If at a general meeting of owners of residential premises a decision was made by a majority vote to seal the garbage chute, then this is legal and must be taken into account.

I wish you good luck.

The answer helped you: Yes No

17. DD. The garbage chute constantly gets clogged in the same place, between the 4th and 5th floors. The reason is the narrowing of the common trunk of the garbage chute. I want to weld a garbage chute. What to do? Can it be declared unusable? Etc. ...

17.1. Hello Elena Yurievna. Of course, you can weld a garbage chute, but first you must ensure the presence of another garbage chute...
Perhaps you first need to contact the housing inspectorate about the inaction of the management company.

The answer helped you: Yes No

18. In our new building, the garbage chute has been welded for the second year. The management company responds to requests on this matter that they will boil it only if we bring them more than 50% of the signatures of the owners. How legitimate is their demand? Do they have the right not to open the garbage chute by law? What regulations and legal provisions can be used to force them to open a garbage chute, even if the majority of owners are against it?

18.1. Julia!

Sanitary standards are violated, contact the prosecutor's office

The answer helped you: Yes No

19. A garbage chute was welded in a student dormitory, citing cockroaches. They said we were living too well. But at the same time, a month earlier, they raised the price of the hostel. Is this legal?

19.1. These are two different concepts: the amount of payment for a hostel and the sealing of a garbage chute.
According to the building design and sanitary requirements, there must be a garbage chute, i.e. let them do a better job of treating the premises
the payment for the premises is set by order of the rector, he may not know about the garbage chute at all
serve collective complaint on the one who opened the garbage disposal.

The answer helped you: Yes No

20. At the railway entrance there are 28 apartments and a neglected garbage chute with hordes of cockroaches and rats. Sanitary treatment according to operating standards is not carried out. In addition to two elderly women who have walking relatives and social workers who come to them, the remaining residents of 28 apartments agree to weld the garbage chute. How to solve this problem on legally?

20.1. Since the garbage chute is the common property of the homeowners in the house, the procedure for using this property is determined at a general meeting of owners - Art. 44-46 LCD. Call a meeting. make a decision to close the MP by majority vote

The answer helped you: Yes No

21. Point 12-storey house. The housing office intends to seal the garbage chute. Is this legal? I live on the 11th floor. The elevator is not working again - in once again broke. What can be done to prevent this from happening?

21.1. At the end of 2016, the Ministry of Construction issued an order Russian Federation. It came into effect in June 2017. This document introduced a set of rules that changed the current SNiP. He established the requirement to equip all houses with a height of 5 floors and above with garbage chutes.

The answer helped you: Yes No

21.2. The question is: “What can be done to prevent this from happening?”

The answer is to send an application to the municipality, to the housing inspectorate, to Rospotrebnadzor, to the prosecutor's office.

The answer helped you: Yes No

22. A garbage chute was welded at the entrance of an apartment building by decision of the chairman of the homeowners association. Neighbors began taking garbage out to the staircase landing and placing it next to the sealed garbage chute. What was reported to the chairman of the HOA, she, in turn, did not think for a long time, but carried bags of garbage under the doors of the apartments, including mine, but I did not leave this garbage. Where can I complain about the actions of the chairman of the HOA and what fine does she face? My email [email protected]

22.1. Good afternoon. The Chairman is not authorized to make such decisions. Write a complaint to the housing inspectorate - he is engaged in arbitrariness (Article 19.1 of the Code of Administrative Offenses of the Russian Federation). The use of common property is carried out only by decision of the general meeting of owners of the premises of an apartment building (Articles 36, 44-46 of the Housing Code of the Russian Federation)

The answer helped you: Yes No

23. We welded up a garbage chute in our house and installed a garbage bin in the green area in the yard, which is taken out once a week. Later, tanks were also placed next to the bunker in the car park. Does the management company do everything according to the law? If not, where should we go? They say that the garbage chute will be repaired only at our expense.

The answer helped you: Yes No

24. The residents of our entrance decided to close and weld the garbage chute because there were a lot of rats, mice and fleas in it. We haven't used it since June 2014. Do we have to pay for the garbage disposal?

In Soviet times, living in a house with a garbage disposal on the floor was considered lucky. The ability to get rid of waste without leaving the entrance was considered an additional convenience that the progress of civilization provided. It even got to the point that in some cases the garbage chute pipe was led directly into the apartment, so that people did not even need to go out onto the landing.

However, it soon turned out that a garbage disposal container in the kitchen or hallway was not the best idea. She, of course, flattered Laziness, but led to the emergence of unsanitary conditions at the location of the “window” for garbage disposal. And the constant roar of waste thrown out by the neighbors above did not give rest to the owners of this miracle of civilization living on the lower floors.

Why is this decision being made? AiF.ru decided to analyze all the pros and cons of modern garbage chutes in order to understand what makes people abandon this benefit of civilization.

Pros

Almost any convenience in the entire history of the development of modern society has been a product of human laziness. In order not to run to the well for water, we invented a water supply system; when we got tired of walking, we invented the bicycle; when we got tired of sweeping the apartment with brooms, we invented a vacuum cleaner. Same with the garbage chute. When a person got tired of running out of his apartment almost every day with a bag full of waste, he found a way to reduce the distance from the door of his home to the disposal site.

This is how the garbage chute appeared. Therefore, its main advantage is convenience. Instead of putting on warm clothes and shoes in the winter season, waiting for the elevator, running 20, or even 100 meters from the house to the garbage containers to throw out this unfortunate bag, now you just need to go out onto the landing and go to garbage chute, open the container, throw out the bag, close it and go back to your favorite chair in front of the TV.

Cons

Is it possible to weld a garbage chute and how to do it?

The decision to “seal” the garbage chute should be made exclusively by the residents of the apartment building and cannot in any way be imposed by the operating organization or anyone else. If you have a garbage disposal in your house, and you and a large number of residents want to stop using it, you need to put this issue to a vote during the next meeting of residents. If your initiative finds support from at least two-thirds of your neighbors, consider it done. All that remains is to send an application for welding of “windows” for garbage collection on the floors of housing and communal services, and they will happily waive the need to control the daily removal of garbage from your entrances, as well as the periodic disinfection of the garbage chute itself.

By the way, the procedure for disinfecting the garbage chute should be carried out at least once a month. And they are required to pick up trash from the basement every day. Schedule shifts may occur due to holidays or weekends. As for complaints, all such issues should be addressed to the Moscow State Housing Inspectorate. It is she who monitors the correct operation of apartment buildings, including compliance with sanitary standards and rules in this area.

Garbage chute in an apartment building: law, rules of use, can it be closed

Increased comfort or a source of constant conflicts - is a garbage chute needed in an apartment building, in what cases is the developer obliged to include it in the project, and is it legal to “weld” it? We suggest you understand all the nuances of organizing an in-house receptacle for the disposal of household waste.

Should there be a garbage disposal in the house or not: what does the law say?

Legal problems with a garbage chute in an apartment building arise partly because there is no separate law regulating the rules for its installation, operation and disposal. When resolving the issue of constructing an internal access receiver, developers rely on the current SNiPs, in particular, the rules and regulations established on January 31, 2013 and a specific clause - 9.3.

The only problem is that since the first edition, these SNiPs have been adjusted several times, including the paragraph that explains when a garbage receptacle must be:

as amended in 2011 – the receiver should have been built in houses intended for pensioners and the disabled; in other cases, the issue was left to the local authorities, who took into account the system of removal and disposal of solid waste operating in the locality;
in 2016, the rules were clarified: internal waste collection must be organized in houses for pensioners and the disabled with a height of more than 2 floors, and in all other residential buildings with a height of 5 floors or more.

At the same time, SNiPs allow an exception to be made and builders not to spend money on building a garbage receptacle in a high-rise building if daily waste removal is organized in containers located on the street. This alternative is also approved by Rosstandart. Thus, developers are not required to include a garbage chute in the project, but its presence increases the comfort of the building and to some extent affects the cost of housing.

About the pros and cons

The system of in-door collection of household waste has its pros and cons, so it is difficult to speak unequivocally about comfort: residents of some houses are happy, while others curse their piggy neighbors and dream of changing apartments.

Let's look at the garbage chute in an apartment building objectively, and list the arguments for and against its existence.

convenience - you don’t have to take the garbage outside, which is especially unpleasant in winter or in the rain, and it’s easier for older people to go down a few steps to the nearest hatch than to go to street containers;
savings - often using an internal receiver is cheaper than paying for the removal of solid waste from the container site;
aesthetics - trash cans installed in the yard can not only spoil appearance and irritate, but also cause inconvenience. By removing them, you can make room for an expanded playground, a beautiful flower bed and a few extra parking spaces.

Note! The fee for using the garbage chute is included in the cost of the “housing maintenance” service, which is calculated by square meters.

unsanitary conditions if residents do not follow the simplest rules;
the roar of garbage being thrown out on the upper floors, which can be heard in the apartments;
unpleasant odor if clogged and if regular preventative cleaning of the pipe is not carried out;
favorable conditions for the reproduction of not only cockroaches, but mice and rats.

Disinfection of the garbage receptacle should be carried out every month, and if the system is new and equipped with cleaning devices, then weekly (SNiP 42-128-4690-88, paragraph 2-2-8). Garbage that accumulates in the basement must be removed every day (the schedule is specified in the service contract). If the rules are violated, you should contact the Housing Inspectorate.

How to eliminate an internal garbage receptacle?

It’s good if all residents follow the rules for using the garbage chute in an apartment building. Typically the main provisions are located next to the hatch:

do not throw large-sized garbage, which will lead to blockage;
do not pour out liquids and food waste, but place them in a special container;
Do not throw smoldering or burning objects, such as unextinguished cigarette butts, which may cause a fire.

But often the garbage receptacle turns into a real garbage dump on the staircase, for which no one can be found willing to clean it. A fetid smell, regular fires, sticky liquid spilled near the pipe - residents are unlikely to like such a neighborhood. Therefore, their question about whether it is possible to close a garbage chute in an apartment building is quite understandable.

Any resident can take the initiative to weld a garbage chute in an apartment building, but the decision is made at a general meeting of owners. At the same time, half must support the idea. None of the residents has the right to weld “their own hatch” individually.

Important! The decision is made by the owners of the entire house, not a specific entrance or staircase, regardless of whether it is planned to close the hatch on one landing or in all entrances.

In order for the decision not to be appealed in court, not only the support of the majority and documents proving such a decision are required, but also the following procedures:

placing an issue on the meeting agenda;
each owner must sign that he is familiar with the existing problem and is invited to the meeting;
The issue of installing street containers has been documented (a site has been allocated, tanks have been purchased, an agreement has been concluded with a solid waste removal company, etc.).

Important! Do not forget to check the issue of revision of waste removal fees.

It happens that problems with the operation of the garbage receptacle arise not due to the fault of residents who follow the rules, but due to the negligence of the management company. In this case, before thinking about how to close the garbage chute in an apartment building, it is worth talking with the management of the management company.

The responsibilities of the management company include maintenance of all common property (Article 36 of the Housing Code), part of which is the internal entrance receiver. You need to make sure whether an agreement has been concluded with the management company for the maintenance and removal of waste coming through the garbage chute. If yes, then responsibility for the serviceability of the in-house receiver falls entirely on the shoulders of the management company.

Important! According to the law, the management system is given a day to clear the blockage and eliminate malfunctions.

How to restore the functionality of the garbage disposal?

The opposite situation is not uncommon - residents would like to restore the garbage chute. It is clear that the procedure will require serious expenses, because you will have to update the hatches, which may be damaged by welding, but the main thing is to clean the pipe itself. Not all management companies are ready to take such a step, and if there is no response to the residents’ requests, they will have to go to court.

For lawsuit with a request to restore the functionality of the garbage in-access pipe, the approval of half of the owners will also have to be obtained. Copies of the decisions of the general meeting should be attached to the claim.

As shown judicial practice, tenants who find themselves in one of the following situations have an advantageous position at the hearing:

the issue of closing the garbage chute was not considered at the general meeting of residents or the above procedures were not followed;
the plaintiffs are elderly people and pensioners who find it difficult to take garbage out onto the street;
the closure of the garbage receptacle was temporary, for example, during the period of cosmetic renovation of the entrance, but after the completion of the work the receptacle did not work;
the management company did not eliminate the blockage, preferring to simply seal the hatches and place the containers on the street.

Unfortunately, abandoning the garbage chute in an apartment building does not always solve the problem of cleanliness and order.

How to weld a garbage chute, taking into account the interests of residents?

On July 13, the Communal Literacy Portal gkx.by published the material “” about the conflict in Orsha between residents of one of the multi-storey buildings and local utilities, which has been going on since March this year. The cause of the confrontation was a “welded” garbage chute in the nine-story building No. 20 on the street. Jean-Paul Marat. People were not satisfied with the too long distance from their home to the container site.

At the same time, at first, the utility workers offered the residents of the house to install a container site near the house, and this suited everyone... except for the neighbors from house No. 22 on the same street. Following their complaints, city authorities short terms the site was dismantled. Other nearby places for installing a container site were also not suitable various reasons: from non-compliance with sanitary standards to the protest of neighbors from surrounding houses. Be that as it may, the interests of the residents of building No. 20 remain unaccounted for. A compromise solution has not yet been found.

Letters describing similar situations are not uncommon in the editorial office. Using the example of the conflict in Orsha, let’s try to figure out in which cases utility organizations make mistakes, violating the law, and in which they act correctly, taking into account the interests of residents.

Step one. Explanatory work

Conflicts arise where explanatory work is not carried out or is carried out for show.

Within the framework of the Concept of handling municipal waste and secondary material resources in the Republic of Belarus for 2014 - 2020, approved by order of the Ministry of Housing and Utilities of July 7, 2014 No. 78, responsible executors (executive committees) are obliged to carry out explanatory work with residents of multi-storey residential buildings, to carry out the phased closure of garbage chutes in existing residential buildings, notes the head management housing sector Ministry of Housing and Communal Services of Belarus Andrey ROMASHKO. - Part 2 of paragraph 1 of Article 180 of the Housing Code of the Republic of Belarus stipulates that decisions, with the exception of decisions on the alienation of common property and reduction of common property, are made with the consent of a simple majority of total number participants in joint home ownership.

Step two. Closing the garbage chute: actions in the interests of residents

The meeting of residents, at which the decision to weld the garbage chute and equip the container site will be made and documented, will become an argument for the housing and communal services organization in the event of an emergency. conflict situation. Also this document will be needed if there is a need to provide, for example, in court, evidence that the utilities acted in the interests of the residents.

Considering that the garbage disposal system of a residential building as a whole is common property for all participants in the joint household, the procedure for using the garbage chute can be determined by a simple majority of the total number of participants in the joint household.

However, in accordance with subclause 4.6 of clause 4 of the Regulations on the authorized person for the management of common property, approved by Resolution of the Council of Ministers of the Republic of Belarus dated March 30, 2005 No. 342, the authorized person has the right to dispose of common property in the interests of participants in joint home ownership.

The Executive Committee and the housing department have a reasonable right to decide on the closure of garbage chutes, acting in the interests of residents. Moreover, this is provided for by the state program “Comfortable Housing and Favorable Environment” and decisions taken at the state level to gradually phase out garbage chutes in residential buildings,” notes Anatoly, head of the department for coordinating activities in the field of handling secondary material resources of the State Institution “Operator of Secondary Material Resources.” SHAGOON.

All activities must take into account the interests of citizens, informing them in a timely manner about the actions of public utilities. The decision to close the garbage chutes goes hand in hand with the creation of a container site. If there was a site, then there were no prohibitions on its use.

Subclause 1.1 of clause 1 of the Decree of the President of the Republic of Belarus dated October 14, 2010 No. 538 “On some issues of the activities of owners’ associations and developer organizations” determines that common property can be managed in one of the following ways:

– directly by participants in joint home ownership, if several participants in joint home ownership own no more than ten real estate objects;

– a partnership of owners or an organization of developers;

– an authorized person for the management of common property, appointed in accordance with this Decree and other acts of legislation.

In accordance with Article 175 of the Housing Code, if the participants in joint home ownership do not choose a method of managing common property within the time frame established by the Code, the local executive and administrative body conducts open competition at the discretion of an authorized person.

If the open competition does not take place, the local executive and administrative body shall appoint an authorized person within fifteen days.

Step three. Remoteness of the container site

If residents do not want to see the site under their windows, there is a simple explanation for this - poor quality maintenance and unaesthetic appearance.

An example of rusty containers near house No. 54 on the street. Shevchenko clearly proves this. But at the same time, citizens should not abuse their rights to the detriment of others. Therefore, the container site could well remain at the originally planned location in the green area near house No. 22 on the street. Marat. It is optimal, although not mandatory, to reach agreement among all parties.

When deciding to close a garbage chute, it is imperative to provide a place to install a container site. Naturally, questions arise about the remoteness of the site and its location in accordance with the standards. To solve them, local administrative and executive bodies must be involved. On the one hand, it is necessary to bring this place as close as possible to the residential building where the garbage chute is closed, on the other hand, to ensure compliance with sanitary requirements.

As for the container site in the area of house No. 22 on the street. Marat, the decision on its construction had already been made. All sanitary and technical standards are observed. But due to complaints from residents, the structure was dismantled. That is decision made canceled and accepted a new one. But what about the residents of house No. 20 on the street. Marat, who were satisfied with the original version? Has anyone taken their opinion into account? Or are there no elderly people, disabled people, or families with small children in the house? It is clear that what may be a benefit for hundreds of people, some do not like it: it supposedly spoils the view from the window. Although modern container sites look aesthetically pleasing. In addition, this site can be made closed. Here it is necessary volitional decision authorities.

Resolution of the Ministry of Health of Belarus dated November 1, 2011 No. 110 “On approval of sanitary norms, rules and hygienic standards “Hygienic requirements for the maintenance of territories settlements and organizations" establishes requirements, including for container sites and tanks for collecting municipal waste. According to the standard written in paragraph 17, the container site must be located at a distance of at least 20 m from the windows of residential buildings. At the same time, paragraph 1 states that the rules and hygienic standards do not apply to the territory of existing development, excluding the possibility of deterioration of sanitary, hygienic and anti-epidemic living conditions in these territories in terms of distances from container collection sites solid waste, - notes Anatoly SHAGUN.

That is, the site in an existing residential building can be located at a distance of less than 20 m from the windows, and the main condition is to exclude the possibility of deterioration of sanitary and epidemiological living conditions. If you follow this rule, you can reduce the distance to 15 m. You just need to additionally and correctly equip the site: install a fence, perhaps install a roof, even lockable doors. This is all permissible in agreement with the sanitary inspection services. In this case, the location for the site must be included in the municipal waste management scheme of the settlement.

In approved by the resolution of the Ministry of Health of August 20, 2015 No. 95 Sanitary standards, rules and hygienic standards “Requirements for the design, equipment and maintenance of residential buildings”, states that in the event of the liquidation of a garbage chute, provision should be made for the installation of a container site on the territory adjacent to the residential building.

The size of this territory is not defined in figures in any document.

The Belarusian standards for locating a container site do not establish a maximum distance from the house. For example, in the Russian Federation it is no more than 100 m; the same requirement was in Soviet standards.

According to Anatoly SHAGUNA, there are two options for resolving the conflict situation in Orsha. The first is to use the existing waste disposal site, which is completely legal. The second is for the responsible persons in the housing and communal services organization to try once again to coordinate the interests of the residents of various houses and still place a new container site. At the same time, people need to be explained that there will be additional ease of use for everyone and that established standards will be observed, as well as shown what this site will look like.