They came to check on us! Who do we have every right not to let into the apartment?

"Go away, I'm not letting anyone into my apartment!" - this is the phrase many citizens use when asked to open the door for some kind of inspection. Probably, there are reasons for such suspiciousness towards unexpected visitors: thieves, swindlers and unscrupulous organizations like to introduce themselves as employees of various bodies and structures, to which, of course, they have nothing to do.

But they expect that the owner will not read the documents and certificates shown from afar, and will believe.

And the employees of some structures in certain situations, the citizen is really obliged to let into his housing. For example, the police, the Ministry of Emergency Situations and the Federal Bailiff Service. If he has doubts that it is the one at the door is who he pretends to be, it is better to clarify the information by calling the agency. But a citizen has the full right to deny access to the territory of the apartment to representatives of some organizations, without conducting additional checks.

Employees of the Ministry of Emergency Situations

Yes, above I said that the fire department owner is obliged to let the fire department in. But only if it is necessary to eliminate the emergency situation. Moreover, in this case, the employees of the Ministry of Emergency Situations can enter the apartment against the will of the owner - it is confirmed by part 3 of article 3 of the Housing Code.

However, what does the law say about situations when an EMERCOM officer comes to check compliance with fire safety rules in an apartment? According to Article 76 of Federal Law No. 248-FZ of July 31, 2020, inspection of residential premises during inspections is not allowed, unless otherwise stated in the federal legislation (we will return to this provision).

As for inspections by the Ministry of Emergency Situations - it is not their responsibility to inspect apartments. It is unlikely that a real employee would do something that he is not entitled to do. So, there is a high probability that there is an employee of a private firm, which expects by the results of his "check" to intimidate the owner with violations and sell him some useless equipment, allegedly improving the security.

The State Housing Inspectorate .

This is an organization to which the owners complain about the failure of the management company to fulfill its duties and violations on its part. In addition, it also monitors the actions of the tenants themselves, aimed at compliance with the rules for the use of residential premises. It would seem to mean that the employees of the inspection can come with an inspection, and the owner must let them in.

But we recall article 76 of Federal Law No. 248-FZ and the fact that the inspection of residential premises during the control measures is not allowed. Moreover, according to the Government Decree № 336 from March 10, 2022 such inspections can be conducted in unscheduled format, on the basis of a complaint, if it is agreed with the prosecutor's office. And it is not the State Housing Inspection that carries out the check - the Ministry of Construction is in charge of control in this area.

Other services under certain circumstances

The refusal to let the representatives of some services and departments to the apartment threatens serious consequences. But this doesn't cancel the inviolability of residence, guaranteed by article 25 of the Constitution. So we are talking only about special cases outside of which the owner has the right not to open the door.

The police can only demand access to the apartment in cases mentioned in article 15 of federal law no. 3-FZ of 7 February 2011 (lifesaving and safety, stopping a crime, examining the place of an accident, arresting a suspect or person caught in flagrante delicto). Otherwise, the owner may request a subpoena and say goodbye.

Bailiffs can demand access only in the performance of their duties in the execution proceedings. If the reason is different - the citizen has every right not to let them in.

There are a number of cases where it is necessary to let in utility workers and employees of the supplying organizations. But there are clear rules, without which the rule does not apply. For example, any service engaged in monitoring the state of a particular meter must notify the owner of the visit at least two weeks in advance. The owner can ask to postpone the date.

You can calmly leave the "inspectors" on your head on the other side of the door. The main thing is to be sure that no notification has been received.