Decree 354 p 60. Recalculation for utilities according to the law
These Rules came into force on September 1, 2012, while in some cases (taking into account the legislation in a particular region), the previous version of the Rules continued to be valid in terms of paying for heating services.
See the full text of the Rules in the attached download!
Approved
Government Decree
Russian Federation
dated May 6, 2011 N 354
RULES FOR THE PROVISION OF PUBLIC SERVICES TO OWNERS AND USERS OF PREMISES IN APARTMENT BUILDINGS AND RESIDENTIAL BUILDINGS
(as amended by Decrees of the Government of the Russian Federation of 27.08.2012 N 857, of 16.04.2013 N 344, of 14.05.2013 N 410, of 22.07.2013 N 614, of 19.09.2013 N 824, of 17.02.2014 N 112, dated 02/25/2014 N 136, dated 03/26/2014 N 230, dated 02/14/2015 N 129, dated 09/04/2015 N 941, dated 12/25/2015 N 1434, dated 06/29/2016 N 603, dated 12/26/2016 N 1498, from 27.02 .2017 N 232, dated 06/27/2017 N 754, dated 09/09/2017 N 1091, as amended by the Definition Supreme Court RF dated 19.03.2013 N APL13-82)
I. General provisions
1. These Rules govern relations for the provision of public services to owners and users of premises in apartment buildings, owners and users of residential buildings, including relations between performers and consumers of public services, establish their rights and obligations, the procedure for concluding an agreement containing provisions on the provision of public utilities services, as well as the procedure for quality control of the provision of public services, the procedure for determining the amount of fees for utilities using metering devices and in their absence, the procedure for recalculating the amount of fees for certain types of utilities during the period of temporary absence of citizens in the occupied residential premises, the procedure for changing the size of the fee for utilities in the provision of utilities inadequate quality and (or) with interruptions exceeding the established duration, determine the grounds and procedure for the suspension or restriction of the provision of public services, as well as regulate issues related to the onset of liability of performers and consumers of public services.
2. The terms used in these Rules mean the following:
"intra-house engineering systems" - engineering communications (networks), mechanical, electrical, sanitary and other equipment, which are common property of the owners of premises in an apartment building, designed to supply communal resources from centralized engineering networks technical support to in-house equipment, as well as for the production and provision by the contractor of utility services for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply), waste collection chambers, garbage chutes.
(as amended by Decree of the Government of the Russian Federation of February 27, 2017 N 232)
In residential buildings, in-house engineering systems include those located within the land plot on which the residential building is located, as well as engineering communications (networks) located in the residential building, mechanical, electrical, sanitary and other equipment, with the use of which utility services are consumed;
"in-house equipment" - located in a residential or non-residential premises in an apartment building and not included in the intra-house engineering systems of an apartment building engineering communications (networks), mechanical, electrical, sanitary and other equipment, with the use of which utility services are consumed;
"household" - a residential building (part of a residential building) and adjoining and (or) standing separately on a common land plot with a residential building (part of a residential building) outbuildings (garage, bathhouse (sauna, swimming pool), greenhouse (winter garden) , premises for keeping livestock and poultry, other facilities);
"individual metering device" - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (quantity) of consumption of a communal resource in one residential or non-residential premises in an apartment building (with the exception of residential premises in a communal apartment), in a residential building ( parts of a residential building) or household;
"executor" - a legal entity, regardless of the organizational and legal form or individual entrepreneur providing utility services to the consumer;
"collective (common house) metering device" - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (quantity) of a communal resource supplied to an apartment building;
(as amended by Decree of the Government of the Russian Federation of June 29, 2016 N 603)
"utility services" - the implementation of the contractor's activities in supplying consumers with any communal resource individually or 2 or more of them in any combination in order to ensure favorable and safe conditions for the use of residential, non-residential premises, common property in an apartment building in cases established by these Rules, as well as land plots and residential buildings (households) located on them. The municipal service includes the service of solid municipal waste management;
(as amended by Decrees of the Government of the Russian Federation of December 26, 2016 N 1498, of February 27, 2017 N 232)
"communal resources" - cold water, hot water, electricity, gas, thermal energy, coolant in the form hot water in open heat supply systems (hot water supply), household gas in cylinders, solid fuel in the presence of stove heating, used to provide public services and consumed in the maintenance of common property in an apartment building. Wastewater discharged through centralized networks of engineering and technical support is also equated to communal resources;
(As amended by Decrees of the Government of the Russian Federation of May 14, 2013 N 410, of February 14, 2015 N 129, of December 26, 2016 N 1498)
"room electric energy meter" - a measuring instrument used to determine the volume (quantity) of electric energy consumption in one residential premises of a consumer in a communal apartment or in several residential premises occupied by a consumer in a communal apartment, provided that such a meter allows you to determine the volume (amount) of electrical energy consumption in total for several residential premises occupied by the consumer;
"non-residential premises in an apartment building" - a room in an apartment building specified in the design or technical documentation to an apartment building or electronic passport an apartment building that is not a residential building and is not included in the common property of the owners of premises in an apartment building, regardless of the presence of a separate entrance or connection (technological connection) to external utility networks, including built-in and attached premises. In these Rules, parts are equated to non-residential premises apartment buildings designed to accommodate Vehicle(parking spaces, underground garages and parking lots provided for by the project documentation);
"communal service consumption standard" - a quantitative indicator of the volume of consumption of a communal resource, approved in in due course authorities state power constituent entities of the Russian Federation and used to calculate the amount of payment for a utility service in the absence of metering devices and in other cases provided for by these Rules;
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
"general (apartment) metering device" - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (quantity) of consumption of a communal resource in a communal apartment;
"consumer" - the owner of premises in an apartment building, residential building, home ownership, as well as a person who otherwise legally uses premises in an apartment building, residential building, home ownership, consuming utilities;
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
"distributor" - a device used in an apartment building equipped with a collective (common house) heat energy meter, and allowing to determine the share of the volume of consumption of the heating utility service attributable to a separate residential or non-residential premises in which such devices are installed, in the total consumption utilities for heating in all residential and non-residential premises in an apartment building in which distributors are installed;
"resource supply organization" - a legal entity, regardless of the organizational and legal form, as well as an individual entrepreneur selling communal resources (allocation Wastewater);
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
"centralized networks of engineering and technical support" - a set of pipelines, communications and other structures designed to supply communal resources to in-house engineering systems (discharge of wastewater from in-house engineering systems);
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
"the degree of improvement of an apartment building or residential building" - quality characteristic apartment building or residential building, determined by the presence and composition of in-house engineering systems that ensure the provision of utility services to consumers of the types that can be provided using such in-house engineering systems.
The terms "residential premises" and "managing organization" are used in these Rules in the meanings determined by the Housing Code of the Russian Federation.
Unless otherwise specified in these Rules, the term "gas" means gas supplied through centralized gas supply networks and through in-house engineering gas supply systems.
(as amended by Decree of the Government of the Russian Federation of 14.05.2013 N 410)
The term "regional operator for the treatment of municipal solid waste" is used in these Rules in the meaning defined by the Federal Law "On Production and Consumption Waste".
(the paragraph was introduced by Decree of the Government of the Russian Federation of February 27, 2017 N 232)
II. Conditions for the provision of public services
3. The conditions for the provision of utility services to a consumer in an apartment building or in a residential building (household) are as follows:
a) utilities are provided to consumers starting from the moment established by the housing legislation of the Russian Federation, namely:
from the moment the right of ownership to the dwelling arises - to the owner of the dwelling and persons living with him;
from the moment of provision of housing by a housing, housing and construction cooperative - a member of a housing, housing and construction cooperative and persons living with him;
from the date of conclusion of the lease agreement - to the tenant of the residential premises under such an agreement and to the persons living with him;
from the date of conclusion of the lease agreement - to the tenant of the residential premises and persons living with him;
from the date of issuance to the developer (the person providing the construction of an apartment building) of a permit to put the apartment building into operation - to the developer (the person providing the construction of an apartment building) in respect of the premises in the apartment building that were not transferred to them by other persons by deed of transfer or other transfer document;
from the date of issuance to the developer (the person providing the construction of an apartment building) of a permit to put the apartment building into operation, but not earlier than the acceptance of the premises in this house according to the deed of transfer or other transfer document, - to the person who accepted from the developer (the person providing the construction of an apartment building ) the specified premises according to the transfer act or other transfer document;
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
b) the composition of the utility services provided to the consumer is determined depending on the degree of improvement of the apartment building or residential building;
c) the provision of utilities to the consumer is carried out around the clock (municipal services for heating - around the clock during the heating period), that is, uninterruptedly or with interruptions not exceeding the duration corresponding to the requirements for the quality of utilities given in Appendix No. 1;
d) the provision of public services is carried out in the volumes necessary for the consumer within the limits of the technical feasibility of in-house engineering systems, with the use of which the provision of public services is carried out;
e) the quality of the provided utility services complies with the requirements given in Appendix No. 1 to these Rules;
f) the technical condition of in-house engineering systems and in-house equipment complies established requirements and ready for the provision of public services.
4. The following types of public services can be provided to the consumer:
a) cold water supply, that is, the supply of cold drinking water supplied through centralized cold water supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, as well as in the cases established by these Rules, to premises that are part of the common property in an apartment building, and also to the standpipe in the case when an apartment building or a residential building (household) is not equipped with in-house engineering systems of cold water supply;
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
b) hot water supply, that is, the supply of hot water supplied through centralized hot water supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, as well as in cases established by these Rules, to premises, included in the common property in an apartment building. In the absence of centralized hot water supply, hot water supply to consumers in an apartment building is carried out by the contractor through the production and provision of public services for hot water supply using in-house engineering systems, including equipment that is part of the common property of the owners of premises in an apartment building (if such equipment is available);
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
c) water disposal, that is, the disposal of wastewater from a residential building (household), from residential and non-residential premises in an apartment building, as well as in cases established by these Rules, from premises that are part of the common property in an apartment building - through centralized networks water disposal and intra-house engineering systems;
(As amended by Decrees of the Government of the Russian Federation of April 16, 2013 N 344, of December 26, 2016 N 1498)
d) power supply, that is, the supply of electrical energy supplied through centralized power supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, as well as in cases established by these Rules, to premises included in composition of common property in an apartment building;
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
e) gas supply, that is, the supply of gas supplied through centralized gas supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, to premises that are part of the common property in an apartment building, as well as the sale of household gas in cylinders;
f) heating, that is, the supply of thermal energy through centralized heat supply networks and in-house engineering heating systems that ensures that in a residential building, in residential and non-residential premises in an apartment building, in premises that are part of the common property in an apartment building, the air temperature indicated in paragraph 15 of Appendix No. 1 to these Rules, as well as the sale of solid fuel in the presence of stove heating;
g) handling of solid municipal waste, that is, collection, transportation, neutralization, disposal of solid municipal waste generated in apartment buildings and residential buildings.
(clause "g" was introduced by Decree of the Government of the Russian Federation of February 27, 2017 N 232)
4(1). The provision of public services for the treatment of municipal solid waste is carried out in accordance with Section XV (1) of these Rules.
(clause 4(1) was introduced by Decree of the Government of the Russian Federation of February 27, 2017 N 232)
5. If thermal energy for the needs of space heating is supplied to in-house engineering systems through centralized networks of engineering and technical support, then the contractor begins and ends the heating period within the time limits established by the authorized body. The heating period must begin no later than and end no earlier than the day following the day of the end of the 5-day period, during which, respectively, the average daily outdoor temperature is below 8 degrees Celsius or the average daily outdoor temperature is above 8 degrees Celsius.
(as amended by Decree of the Government of the Russian Federation of December 25, 2015 N 1434)
If in the absence district heating production and provision by the contractor of utility services for heating are carried out using equipment that is part of the common property of the owners of premises in an apartment building, then the conditions for determining the start and (or) end date of the heating period and (or) the start and (or) end date of the heating period are established decision of the owners of premises in an apartment building or owners of residential buildings. If such a decision is not made by the owners of the premises in an apartment building or the owners of residential buildings, the heating period begins and ends at the start and end dates of the heating period established by the authorized body when heat energy is supplied for the needs of space heating to in-house engineering systems through centralized networks of engineering and technical support.
6. The provision of utility services to the consumer is carried out on the basis of a paid contract containing provisions on the provision of utility services, from among the contracts specified in paragraphs 9, 10, 11 and 12 of these Rules.
The supply of cold water, hot water, heat energy, electricity and gas to non-residential premises in an apartment building, as well as wastewater disposal are carried out on the basis of resource supply agreements concluded in writing directly with the resource provider.
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
The managing organization, homeowners association, housing cooperative, housing construction cooperative or other consumer cooperative provides resource supply organizations that supply utility resources to an apartment building with information about the owners of non-residential premises in an apartment building, and also sends notifications to owners of non-residential premises in an apartment building about the need conclusion of resource supply contracts directly with resource supplying organizations.
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
If the consumer in a non-residential premises does not have a written resource supply agreement providing for the supply of communal resources to a non-residential premises in an apartment building, concluded with a resource supplying organization, the amount of communal resources consumed in such non-residential premises is determined by the resource supplying organization by calculation methods provided for by the legislation of the Russian Federation on water supply and water disposal, electricity supply, heat supply, gas supply for cases of non-contractual consumption (unauthorized use).
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
The provisions of the third and fourth paragraphs of this paragraph do not apply to persons who are owners of the areas allocated in an apartment building for parking spaces.
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
7. An agreement containing provisions on the provision of public services, concluded by the consumer performing implicit actions, is considered concluded on the terms provided for by these Rules.
An agreement containing provisions on the provision of public services in a residential building in an apartment building or a residential building (household), concluded in writing, must comply with the provisions of these Rules. In case of inconsistency of the specified agreement with the provisions of these Rules, the agreement is considered concluded on the terms provided for by these Rules.
The supply of cold water, hot water, electricity, heat and gas to non-residential premises in an apartment building, as well as wastewater disposal, are carried out on the basis of a resource supply agreement concluded in writing with a resource supply organization, which must comply with the provisions of the legislation of the Russian Federation on water supply, sewerage, power supply, heat supply, gas supply. The determination of the volume of heat energy consumed in non-residential premises and the method of payment by consumers for utility services for heating is carried out in accordance with these Rules. In case of inconsistency of the specified agreement with the provisions of the legislation of the Russian Federation on water supply, water disposal, electricity supply, heat supply, gas supply, the agreement is considered concluded on the terms provided for by the legislation of the Russian Federation on water supply, water disposal, electricity supply, heat supply, gas supply and these Rules.
The consumer in the residential premises cannot be denied the provision of public services if the consumer does not have a written contract containing provisions on the provision of public services.
(clause 7 as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
8. A person from among the persons specified in paragraphs 9 and 10 of these Rules may act as a utility service provider. However, the period of time during which said person is obliged to provide public services to consumers and has the right to require consumers to pay for the provided public services, is to be determined in accordance with paragraphs 14, 15, 16 and 17 of these Rules.
9. The conditions for the provision of utility services to owners and users of premises in an apartment building, depending on the chosen method of managing an apartment building, are determined by:
a) in an apartment building management agreement concluded by the owners of premises in an apartment building or by the management body of a homeowners association, housing, housing construction or other specialized consumer cooperative(hereinafter referred to as a partnership or cooperative) with a management organization selected in accordance with the procedure established by the housing legislation of the Russian Federation to manage an apartment building.
At the same time, the managing organization is not entitled to refuse to include in the contract for the management of an apartment building concluded with it the conditions for the provision of public services of the type, the provision of which is possible taking into account the degree of improvement of the apartment building, and is also not entitled to refuse to provide such utilities;
b) in an agreement on the provision of communal services concluded with a partnership or cooperative with owners of residential premises in an apartment building in which a partnership or cooperative is established.
At the same time, the partnership or cooperative is not entitled to refuse the owner of the premises in the apartment building, both being and not being its member, to conclude an agreement on the provision of public services of the type that is possible, taking into account the degree of improvement of the apartment building, and is also not entitled to refuse to provide such utilities;
c) in contracts for cold water supply, hot water supply, sanitation, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), concluded by the owners of residential premises in an apartment building with relevant resource provider.
10. The conditions for the provision of utility services to the owner and user of a residential building (household) at his choice are determined by:
a) in contracts for cold water supply, hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), concluded by the owner of a residential building (household) with the relevant resource supplying organization;
b) in an agreement on the provision of public services concluded by the owner of a residential building (household) with an organization (including a non-profit association) that, on its own behalf and in the interests of the owner, concludes contracts for cold water supply, hot water supply, sanitation, electricity supply, gas supply (including including the supply of household gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating) with the relevant resource supply organizations.
11. The conditions for the provision of utility services to the tenant, the borrower under the contract for the gratuitous use of the premises, the tenant of the residential premises are determined by:
a) in a lease agreement, including a social tenancy agreement, a specialized residential premises rental agreement, a privately owned residential premises rental agreement - for a tenant of a residential premises under such an agreement;
b) in an agreement for gratuitous use - for a borrower under such an agreement;
c) in a residential lease agreement or other agreement on the provision of residential premises for possession and (or) use, concluded by the owner of the residential premises with a legal entity that can use the residential premises only for the residence of citizens.
12. At the same time, the owner of the residential premises, acting as a landlord, lender or landlord of the residential premises, in order to ensure the provision to tenants, borrowers, tenants of utilities of the type, the provision of which is possible taking into account the degree of improvement of the residential premises, concludes an agreement with the contractor containing provisions on the provision utilities, from among the contracts specified in paragraphs 9 and 10 of these Rules.
13. The provision of public services is provided by the managing organization, partnership or cooperative, or the organization specified in subparagraph "b" of paragraph 10 of these Rules, by concluding agreements with resource supplying organizations on the acquisition of communal resources in order to use such resources in the provision of communal services to consumers, including by using them in the production certain types utility services (heating, hot water supply) using equipment that is part of the common property of the owners of premises in an apartment building, and the proper execution of such contracts.
The terms of contracts for the acquisition of utility resources for the purpose of using such resources to provide utility services to consumers are determined taking into account these Rules and other regulatory legal acts of the Russian Federation.
14. The managing organization, selected in accordance with the procedure established by the housing legislation of the Russian Federation for managing an apartment building, starts providing utility services to consumers in an apartment building from the date specified in the decision general meeting owners of premises in an apartment building on the choice managing organization, or from the date of conclusion of the contract for the management of an apartment building, including with a managing organization selected by the body local government as a result of the open competition, but not earlier than the date of commencement of the supply of a communal resource under an agreement on the acquisition of a communal resource concluded by the managing organization with the resource supplying organization. The managing organization terminates the provision of communal services from the date of termination of the contract for managing an apartment building on the grounds established by the housing or civil legislation of the Russian Federation, or from the date of termination of the resource supply agreement regarding the acquisition of a communal resource for the purpose of providing public services concluded by the managing organization with a resource supplying organization.
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
15. A partnership or cooperative, if the owners of the premises in an apartment building choose the management of a partnership or cooperative as a method of managing an apartment building, starts providing utility services to consumers in an apartment building from the date of its state registration, but not earlier than the date of commencement of the supply of a communal resource under an agreement on the acquisition of a communal resource concluded by a partnership or cooperative with a resource supplying organization. The partnership or cooperative terminates the provision of public services from the date of its liquidation or from the date specified in paragraph 14 of these Rules for the start of the provision of public services by the managing organization with which the management body of the partnership or cooperative has concluded an agreement on the management of an apartment building, or from the date of termination of the resource supply agreement in terms of acquisition a communal resource for the purpose of providing a communal service, concluded by a partnership or cooperative with a resource supplying organization.
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
16. The organization specified in subparagraph "b" of paragraph 10 of these Rules begins to provide utility services to consumers in a residential building (household) from the date of commencement of the provision of public services specified in the contract concluded with the owner of a residential building (household) in writing utilities. The organization specified in subparagraph "b" of paragraph 10 of these Rules shall terminate the provision of public services from the date of termination of the contract for the provision of public services on the grounds established by the housing or civil legislation of the Russian Federation.
17. A resource supply organization, for which, in accordance with the legislation of the Russian Federation on water supply, sewerage, electricity supply, heat supply, gas supply, the conclusion of an agreement with a consumer is mandatory, proceeds to provide a utility service of the appropriate type:
a) owners and users of premises in an apartment building in which direct control is chosen as the method of management - from the date indicated in the decision of the general meeting of owners of premises on the choice of such a method of control, until the date when the provision of public services by the management organization or partnership or cooperative begins, specified in paragraph 14 or 15 of these Rules;
b) owners and users of premises in an apartment building in which a control method has not been selected or a control method has been selected, but the events specified in paragraphs 14 and 15 of these Rules have not occurred - from the date of the emergence of ownership of the premises, from the date of provision of residential premises housing cooperative, from the date of conclusion of the lease agreement, from the date of conclusion of the lease agreement, unless another period is established by the legislation of the Russian Federation on water supply, sanitation, electricity supply, heat supply, gas supply, or from the date of termination of the previously chosen method of managing an apartment building until the day the management organization starts providing utility services or partnership or cooperative, specified in paragraph 14 or 15 of these Rules;
c) owners and users of residential buildings (households) - from the date of the first actual connection of a residential building (household) in the prescribed manner to a centralized engineering and technical support network directly or through engineering and technical support networks connecting several residential buildings (households) located on nearby land plots, unless another period is established by the legislation of the Russian Federation on water supply, sanitation, electricity supply, heat supply, gas supply, except for the period of time during which between the owner of a residential building (household) and the organization specified in subparagraph "b" of paragraph 10 of these of the Rules, an agreement on the provision of public services has been concluded and is being executed in writing and such an agreement has not been terminated;
d) owners and users of premises in an apartment building in the event that there are contracts concluded with them, provided for in part 17 of article 12 federal law dated June 29, 2015 N 176-FZ "On amendments to housing code of the Russian Federation and certain legislative acts of the Russian Federation" - until one of the parties refuses to execute the contract;
(paragraph "d" was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
e) owners and users of premises in an apartment building - if such owners make a decision provided for by Part 18 of Article 12 of Federal Law No. 176-FZ of June 29, 2015 "On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" ;
(paragraph "e" was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
f) owners and users of premises in an apartment building in respect of which an agreement on the acquisition by a managing organization, partnership or cooperative of a communal resource for the purpose of providing a communal service has been terminated - before the conclusion of a new agreement on the acquisition of a communal resource in relation to this apartment building.
(paragraph "e" was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
18. If, in accordance with these Rules, the contractor providing utility services to consumers in an apartment building in which the owner’s non-residential premises are located is not a resource supply organization, the owner of the non-residential premises in the apartment building is obliged within 5 days after the conclusion of resource supply contracts with resource supply organizations provide the contractor with copies of them, as well as in the manner and terms established by these Rules for the transfer by consumers of information about the readings of individual or common (apartment) meters - data on the volumes of communal resources consumed during the billing period under these contracts.
(clause 18 as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
III. Terms of the contract containing provisions on the provision of public services, and the procedure for its conclusion
19. An agreement containing provisions on the provision of public services must include:
a) the date and place of conclusion of the contract;
b) the name, address, details of the current account and other contact information performer;
c) the following information about the consumer:
For individual- last name, first name, patronymic, date of birth, details of an identity document, contact phone number;
For legal entity- name (company name) and place of state registration, contact phone number;
d) the address of the premises in an apartment building or a residential building (home ownership), the owners or users of which are provided with utility services, indicating total area premises or a residential building (home ownership), the total area of the premises that are part of the common property in an apartment building, the area of residential and non-residential premises, the type of activity carried out in the non-residential premises, as well as the number of persons permanently residing in the residential premises, and other information, necessary for the calculation of utility bills in accordance with these Rules;
(paragraph "d" as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
e) the name of the utility service (communal services) provided to the consumer;
f) requirements for the quality of the provided utility service (communal services);
g) the procedure for determining the volume (quantity) of the consumed communal resource based on the standards for the consumption of communal services, meter readings or otherwise specified in these Rules;
h) information on the availability and type of installed individual, common (apartment), room metering devices, the date and place of their installation (commissioning), the date of sealing the metering device by the manufacturer or the organization that carried out the last verification of the metering device, the established date for the next verification, as well as the procedure and conditions for receiving meter readings;
(as amended by Decree of the Government of the Russian Federation of 16.04.2013 N 344)
i) the frequency and procedure for the contractor to check the presence or absence of individual, common (apartment), room metering devices, distributors and their technical condition, the reliability of information provided by the consumer about the readings of such metering devices and distributors;
j) the procedure for determining the volume of utility services provided and the amount of payment for utility services, including the procedure for determining the volume of utility services provided for electricity supply and the amount of payment for the specified utility service using prices (tariffs) for electrical energy (capacity) established for the population and categories of consumers equated to it within and beyond social norm consumption of electrical energy (capacity), if a decision has been made in a constituent entity of the Russian Federation to establish such a social norm, as well as the procedure, term and form for paying utility bills;
(clause "k" as amended by the Decree of the Government of the Russian Federation of July 22, 2013 N 614)
k) measures of social support for payment of utility services provided to the consumer of utility services in accordance with the legislation of the Russian Federation (if such measures are provided);
l) the address and method of delivery to the consumer of the payment document for payment of utility services;
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
m) the procedure for establishing the fact of non-provision of public services or the provision of public services of inadequate quality, the procedure for changing the amount of payment for public services in the provision of public services of inadequate quality and (or) with interruptions exceeding the established duration;
o) the rights, duties and responsibilities of the contractor and the consumer;
o) the grounds and procedure for suspension and restriction of the provision of public services;
p) the grounds and procedure for changing and terminating the contract;
c) the duration of the contract.
20. In an agreement containing provisions on the provision of utility services, concluded with the owner or user of a residential building (household), the details of the act on determining the boundary of the division of intra-house engineering systems and centralized networks of engineering and technical support (if any), as well as in the case the absence of an individual metering device are indicated:
a) information on the directions of consumption of public services when using the land plot and outbuildings located on it (lighting, cooking for people, preparing feed for livestock, heating, heating water, watering, etc.);
b) species and number of farm animals and birds (if any);
c) the area of the land plot not occupied by a residential building and outbuildings;
d) regime of water consumption for irrigation of the land plot;
e) the power of the devices used, with the help of which the consumption of communal resources is carried out.
21. Contracts for cold water supply, hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), concluded with resource supply organizations, must contain provisions on determining the boundaries of responsibility for the mode and quality of the provision of public services of the corresponding type. Unless otherwise specified in an agreement concluded with a resource supplying organization, such a resource supplying organization is responsible for the quality of the provision of a utility service of the appropriate type at the interface between in-house engineering systems and centralized utility networks. At the same time, maintenance of in-house engineering systems is carried out by persons involved by the owners of premises in an apartment building or owners of residential buildings under contracts for the provision of services for the maintenance and (or) performance of work on the repair of in-house engineering systems in such a house, or by such owners independently, if the legislation of the Russian Federation they are not allowed to do so.
22. In order to conclude in writing an agreement containing provisions on the provision of public services, from among the agreements specified in subparagraphs "a" and "b" of paragraph 9 of these Rules, the contractor in the person of the managing organization, partnership or cooperative is obliged no later than 20 working days from the day specified in paragraph 14 or 15 of these Rules, respectively, transfer the draft agreement signed by him in 2 copies to the owner of the premises in the apartment building at the location of the contractor, by mail or in another way agreed with the owner. The owner of the premises in an apartment building who has received a draft agreement containing provisions on the provision of public services, if he has no disagreements on such a project, is obliged, within 30 days from the date of its receipt, to transfer to the contractor at the location of the contractor, by mail or in another way agreed with the contractor signed for its part, 1 copy of the agreement indicating in it the information specified in subparagraphs "c", "d", "e", "h", "l" and "c" of paragraph 19 and paragraph 20 of these Rules, with an annex to it copies of the following documents:
a) a document confirming the right of ownership (use) of the premises in an apartment building (residential building);
b) an identity document of an individual - the owner of the premises, or a certificate of state registration of a legal entity - the owner of the premises;
c) documents confirming the information specified in subparagraph "h" of paragraph 19 and paragraph 20 of these Rules (if the applicant has them).
23. The owner of premises in an apartment building and the owner of a residential building (home ownership) has the right to initiate the conclusion in writing of an agreement containing provisions on the provision of public services from among the agreements specified in subparagraphs "a" and "b" of paragraph 9 and subparagraph "b" of paragraph 10 of these Rules, in writing by submitting to the contractor at his location, by mail or in another way agreed with the contractor, an application signed by the owner (one of the co-owners) to conclude an agreement in 2 copies, containing the information specified in subparagraphs "c", " d", "e", "h", "l" and "c" of paragraph 19 and paragraph 20 of these Rules, and copies of the documents specified in paragraph 22 of these Rules.
Submission of documents at the location of the contractor can be carried out by one of the co-owners upon presentation of an identity document, or an authorized representative of any of the co-owners upon presentation of a duly executed power of attorney.
The contractor who has received the application and the documents attached to it is obliged to register them on the day of receipt, make a note on the second copy of the application about the date of acceptance of the application and the documents attached to it and transfer them to the applicant.
The contractor, no later than 10 working days from the date of acceptance of the application and the documents attached to it, is obliged to issue to the applicant at the location of the contractor, by mail or in another way agreed with the applicant, a draft agreement signed by the contractor containing provisions on the provision of public services, in 2 copies.
24. If there are disagreements on the draft agreement received from the contractor, containing provisions on the provision of public services, the owner of the premises in the apartment building and the owner of the residential building (household) are obliged to transfer to the contractor within 30 days at its location, by mail or otherwise agreed with the contractor way protocol of disagreements to the draft agreement containing provisions on the provision of public services.
The contractor who has received the protocol of disagreements to the draft agreement containing provisions on the provision of public services is obliged, within 30 days from the date of its receipt, to notify the owner of the acceptance of the agreement in its version or of the rejection of the protocol of disagreements, indicating the reasons for the rejection.
If the executor rejects the protocol of disagreements or the applicant does not receive a notice of the results of its consideration within the specified period, the owner has the right to transfer the disagreements that arose during the conclusion of the contract containing provisions on the provision of public services to the court.
If the contractor evades the conclusion of an agreement containing provisions on the provision of public services, the owner has the right to apply to the court with a demand to compel the conclusion of the agreement and compensation for the losses caused by this to the applicant.
25. To conclude a written contract for cold water supply, hot water supply, sanitation, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating) with a resource supply organization, the owner of a residential premises in an apartment building or the owner of a residential building (home ownership) submits to the resource supplying organization that sells the corresponding type (s) of communal resources, at its location, by mail or in another way agreed with the resource supplying organization, a statement signed by the owner (one of the co-owners) on the conclusion of the agreement in 2 copies, containing the information specified in subparagraphs "c", "d", "e", "h", "l" and "c" of paragraph 19 and paragraph 20 of these Rules, and copies of the documents specified in paragraph 22 of these Rules.
26. If the owners of premises in an apartment building, directly managing such a house, have decided at a general meeting to issue one of the owners or another person with the authority to act in relations with third parties on behalf of the owners in such a house, then in this case the authorized person has the right to apply to a resource supplying organization to conclude a written agreement with respect to all owners with the following documents:
a) an application for the conclusion of an agreement containing provisions for the provision of public services, signed by such a person;
b) a copy of the decision of the general meeting on the transfer to an authorized person of authority to conclude an agreement with a resource supplying organization containing provisions on the provision of public services on behalf of the owners;
c) a copy of the power of attorney issued to the authorized person in writing by all or the majority of the owners;
d) information and documents specified in subparagraphs "c", "d", "e", "h", "l" and "c" of paragraph 19 and paragraph 20 of these Rules (if any).
27. The conclusion of an agreement containing provisions on the provision of public services with a resource supplying organization is carried out in the manner specified in paragraphs 23 and 24 of these Rules.
28. The grounds for refusing to conclude an agreement containing provisions on the provision of all, some or one utility service may be only that the degree of improvement of an apartment building or residential building does not allow providing the consumer, respectively, with one, several or all utility services, the provision of which the applicant indicated in the application for the conclusion of an agreement containing provisions on the provision of public services, or that the organization contacted by the consumer to conclude this agreement is unable to provide public services to the consumer due to the non-occurrence of the events specified in paragraphs 14, 15, 16 and 17 of these Rules. In case of refusal to conclude an agreement containing provisions on the provision of public services, on the grounds provided for in this paragraph, the contractor is obliged, within 5 days from the date of the applicant's request for the conclusion of the agreement, to notify him in writing of the refusal to conclude the agreement, indicating the reasons for such refusal. .
29. The submission by the applicant of an incomplete package of documents or their incorrect execution is not a basis for refusing to conclude an agreement containing provisions on the provision of public services. In this case, the contractor, within a period not exceeding 5 working days from the date of receipt of the documents, is obliged to inform the applicant in writing about the inconsistencies and the procedure for their elimination, and in case of submission of not all documents from among the mandatory, the contractor is obliged to inform the applicant of the name of organizations (institutions) and their addresses where the applicant can obtain the missing documents. After that, the contractor suspends consideration of the applicant's documents without returning them to the applicant until the missing documents are received from the applicant. If the missing documents are not submitted by the applicant to the executor within 6 months from the date of suspension of their consideration, the executor has the right to stop consideration of the application and return the submitted documents to the applicant. In this case, in order to conclude an agreement containing provisions on the provision of public services, the applicant submits an application again.
30. An agreement containing provisions on the provision of public services, concluded in writing, enters into force and is binding on the parties from the date of its signing by both parties. The terms of such an agreement may provide that the rights and obligations of the parties arise from a later date after the date of entry into force of this agreement.
IV-V (paragraphs 31-35) - Rights and obligations of the parties
VI (paragraphs 36-79) - The procedure for calculating and paying utility bills
VII (paragraphs 80-85) - The procedure for accounting for utilities using metering devices
VIII (paragraphs 86-97) - Recalculation procedure in case of temporary absence of the consumer
IX-X (paragraphs 98-113) - Recalculation procedure for the provision of low-quality services
XI (paragraphs 114-122) - Suspension or restriction of the provision of public services
XII-XV (paragraphs 123-148) - Features of the provision of certain utilities
XV(1) (paragraphs 148.1-148.49) - Provision of a public service for the management of municipal solid waste
XVI (paragraphs 149-160) - (here - about fines in favor of the consumer from 01/01/2017)
XVII (paragraph 161) - Control (supervision) over compliance with the Rules
APPENDIX No. 1 to the Rules - Requirements for the quality of public services
APPENDIX No. 2 to the Rules - Calculation of the amount of payment for utilities
On March 27, 2018, Government Decree No. 354 "On the provision of public services to owners and users of premises in apartment buildings and residential buildings" underwent the first change since last year. You can download the full text with the changes for 2018 from our website (in Word.doc), and in this article we want to deal with issues related to the recalculation of the cost of housing and communal services, and also find out what changes were made in 2018.
Changes made to Decree 354 on March 27, 2018
Supplementing Section I of the Rules with paragraph 2(1).
2(1). Notifications provided for by this resolution shall be sent, including using the state information system housing and communal services.
Amendment of the third paragraph of paragraph 108 of the Rules
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Old edition The time for the inspection in the cases specified in this paragraph is appointed no later than 2 hours from the moment the consumer receives a message about the violation of the quality of the utility service, unless a different time is agreed with the consumer. |
New edition The time for the inspection in the cases specified in this paragraph is appointed no later than 2 hours from the moment the consumer receives a message about the violation of the quality of the utility service, unless a different time is agreed with the consumer. Deviation from the time agreed with the consumer for the inspection is allowed in cases of force majeure circumstances, including in connection with violations (accidents) that occurred in the operation of in-house engineering systems and (or) centralized networks of engineering and technical support. At the same time, the employee of the emergency dispatch service is obliged immediately from the moment when it became known about the occurrence of such circumstances, before the time agreed with the consumer for the inspection, notify him of the circumstances that have arisen and agree on a different time for the inspection by any available means. |
What does Decree 354 regulate in the provision of housing and communal services?
354 The Decree was developed to regulate in detail the relationship between consumers of housing and communal services and organizations supplying communal resources, organizations serving the premises of multi-apartment residential buildings. In particular, Decree 354 states:
Legalized rights and obligations of suppliers and consumers of housing and communal services in Russia,
- legal procedures and conditions for concluding contracts for the provision of housing and communal services between suppliers and consumers,
- the procedure for carrying out measures to verify and control the quality of public services provided,
- calculation methods of forming the cost of housing and communal services for consumers with metering devices (meters), and for consumers who do not have such devices,
- established recalculation of accrued utility bills for situations where no one uses the premises and for situations where the services provided were of poor quality, which include low heating of water for heating batteries (during the heating season), as well as water for supply to the consumer's tap.
- the legal procedure for limiting or temporarily suspending the supply of public services,
- the supposed responsibility of consumers and utility service providers to each other for poor performance of their duties.
Carrying out the recalculation of the cost of housing and communal services according to Resolution 354
The grounds for recalculating the cost of rendered housing and communal services cannot always be made in favor of the consumer. The text 354 of the Decree indicates that the consumer, when he commits illegal actions, for example, with metering devices, may be subject to an administrative fine with the recalculation of payments for housing and communal services. There are several situations in which the recalculation of the cost is possible. Let's list them.
1. Absence of the consumer in the premises for 5 or more days. At the same time, there are several conditions - the premises should not be equipped with metering devices (see section 8 of the RF PP), the absence of the consumer must be documented.
2. Utilities were of inadequate quality and (or) were provided with interruptions exceeding the established duration (see section 9 of the RF GD),
3. The audit revealed a deliberate understatement of indicators by the Consumer (see clause 61 of the RF PP). Underestimations in this case are not related to technological intervention in the operation of the meter,
4. Distortion of meter readings caused by interference (see (clause 62 of the RF PP). This is exactly the case when the recalculation will not be made in favor of the Consumer, and as a result of the proceedings, a Protocol on interference with the operation of the meter will be drawn up.
5. Changing the method of payment for housing and communal services for space heating. The recalculation must be made in the first quarter of the year following the year in which the payment method was changed (according to clause 42 of the RF PP),
6. Malfunction of the meter or damage to the meter seal after the verification period has expired. In this case, the recalculation of the cost of the rendered housing and communal services will be done according to the average monthly meter readings (in accordance with clause 59 of the RF PP), and after the expiration of the period specified in clause 59 of clause 60 of the RF PP - using the standards, and in the event that if the consumer provided the readings of such a meter, the contractor recalculates (see sections 6, 7 of the RF PP),
7. Recalculation is also made if a temporarily resident citizen used the residential premises in the absence of individual or apartment meters (see paragraphs 32, 56, 57 of the RF PP), while payment must be made by a permanently resident consumer.
APPENDIX No. 1 to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings
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Permissible duration interruptions utility services and allowable deviations in the quality of utility services |
Conditions and procedure for changing the amount of payment for a utility service when providing a utility service of inadequate quality and (or) with interruptions exceeding the established duration |
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I. Cold water supply |
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1. Uninterrupted round-the-clock cold water supply |
Cold water supply: 8 hours (total) for 1 month, 4 hours at a time in case of an accident in centralized networks of engineering and technical support of cold water supply - in accordance with the requirements of the legislation of the Russian Federation |
for each hour of exceeding the permissible duration of a break in the supply of cold water, calculated in total for the billing period in which the excess occurred, the amount of the utility service fee |
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on technical regulation established |
Appendix No. 2 to the Rules for the provision of utility services to owners and users of premises |
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2. Constant compliance of the composition and properties of cold water with the requirements of the legislation of the Russian Federation on technical regulation (SanPiN 2.1.4.1074-01) |
deviation of the composition and properties of cold water from the requirements of the legislation of the Russian Federation on technical regulation is not allowed |
in case of non-compliance of the composition and properties of cold water with the requirements of the legislation Russian Federation |
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total for each day |
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3. Pressure in the cold water supply system columns - not less than 0.1 MPa (1 kgf / sq. cm) |
pressure deviation |
for each hour of cold water supply in total during the billing period in which the pressure deviation occurred: at a pressure different at a pressure different |
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to the Rules, is reduced by the amount of the fee calculated in total for each day of the provision of communal services of inadequate quality (regardless of meter readings) |
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II. Hot water supply |
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4. Uninterrupted round-the-clock hot water supply |
admissible duration of interruption of hot water supply: 8 hours (total) 4 hours at a time in case of an accident on a dead end highway - 24 hours in a row; |
for each hour of exceeding the permissible duration of a break in the supply of hot water, calculated in total for the billing period, |
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the duration of a break in hot water supply in connection with the production of annual repair and maintenance work in centralized networks of engineering and technical support of hot water supply is carried out |
for such a billing period is reduced by 0.15 percent of the amount of the fee determined for such a billing period |
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5. Ensuring that the hot water temperature at the draw-off point complies with legal requirements Russian Federation on technical regulation (SanPiN 2.1.4.2496-09)2 |
permissible deviation of the hot water temperature at the draw-off point from the hot water temperature at the draw-off point that complies with legal requirements Russian Federation at night time no more than 5°C; in the daytime |
for every 3°C deviation from the permissible deviations in the temperature of hot water, the amount of the utility service fee for the billing period, |
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For each hour of hot water supply, the temperature of which at the point of analysis is below 40 ° C, in total during the billing period, payment for the consumed water is made at the rate |
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6. Constant compliance of the composition and properties of hot water with legal requirements Russian Federation |
deviation of the composition and properties of hot water from the requirements of the legislation Russian Federation on technical regulation |
in case of non-compliance of the composition and properties of hot water with the requirements of the legislation Russian Federation |
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7. Pressure in the hot water supply system at the point of analysis - (4.5 kgf/sq.cm)1 |
pressure deviation |
for each hour of hot water supply in total during the billing period in which the pressure deviation occurred: at a pressure that differs from the established one by no more than 25 percent, the size |
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payment for utility services for the specified billing period is reduced by 0.1 percent of the amount of the payment, determined for such billing period at a pressure different provision of public services of inadequate quality (regardless of meter readings) in accordance with paragraph 101 of the Rules |
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III. Drainage |
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8. Uninterrupted round-the-clock drainage |
allowable break time no more than 8 hours (in total) within 1 month, 4 hours at a time (including in case of an accident) |
for each hour of exceeding the permissible duration of a break in water disposal, calculated in total determined for such billing period |
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IV. Power supply |
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9. Uninterrupted round-the-clock power supply throughout the year3 |
admissible duration of interruption of power supply: |
for each hour of exceeding the permissible duration of a power outage, calculated in total |
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mutually redundant power supplies4; |
for the billing period |
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10. Constant compliance of voltage and frequency of electric current with legal requirements Russian Federation on technical regulation (GOST 13109-97 and GOST 29322-92) |
deviation of voltage and (or) frequency of electric current from legal requirements Russian Federation |
for every hour of electricity supply, |
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requirements, utility bills |
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V. Gas supply |
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11. Uninterrupted round-the-clock gas supply throughout the year |
allowable break time |
for each hour of exceeding the permissible duration of a gas supply interruption, calculated in total |
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the amount of the fee determined for such billing period |
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12. Constant compliance of the properties of the supplied gas with legal requirements Russian Federation on technical regulation (GOST 5542-87) |
deviation of the properties of the supplied gas from legal requirements Russian Federation on technical regulation is not allowed |
if the properties of the supplied gas do not comply with the requirements of the legislation Russian Federation on technical regulation the amount of payment for utility services determined for the billing period in accordance |
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13. Gas pressure - from 0.0012 MPa |
gas pressure deviation more than |
for each hour of the gas supply period in total during the settlement period in which the permissible pressure deviation was exceeded: under pressure different at a pressure different |
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provision of public services of inadequate quality (regardless of meter readings) in accordance with paragraph 101 of the Rules |
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VI. Heating5 |
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14. Uninterrupted round-the-clock heating during the heating season6 |
admissible duration of a heating break: no more than 24 hours (in total) during no more than 16 hours at a time - at air temperature no more than 8 hours at a time - at air temperature no more than 4 hours |
for each hour of exceeding the permissible duration of a heating break, calculated in total |
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at the same time - at air temperature |
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15. Ensuring standard air temperature7: in living quarters |
admissible excess of standard temperature - permissible decrease in the standard temperature at night decrease in air temperature in a residential area during the daytime (from 5.00 |
for each hour of deviation of the air temperature in the residential premises in total during the billing period, with attachment no. 2 |
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legislation Russian Federation |
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16. Pressure in the internal heating system: with cast iron radiators with convector and panel heating systems, heaters, as well as other heating devices - 1 MPa with any heating |
deviation of pressure in the house heating system from the set values is not allowed |
for each hour of deviation from the set pressure in the in-house heating system in total during the billing period in which the indicated deviation occurred, at a pressure that differs |
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appliances- |
(regardless of meter readings) in accordance with paragraph 101 of the Rules |
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1 The pressure in cold or hot water supply systems is measured at the tapping point during the hours of the morning maximum (from 7.00 to 9.00) or the evening maximum
(from 19.00 to 22.00).
2 Before determining the hot water temperature at the draw-off point, the water is drained for no more than 3 minutes.
3 An interruption in the provision of a utility power supply service is not allowed if it may result in the disconnection of networks and equipment that is part of the common property in an apartment building, including pumping equipment, automatic devices technological protection and other equipment that ensures trouble-free operation of in-house engineering systems
and safe living conditions for citizens.
4 The consumer receives information about the availability of backup power supplies from the contractor.
5 The specified requirements apply at an outside air temperature not lower than the calculated one adopted when designing the heating system, subject to the implementation of measures for warming the premises (GOST R 51617-2000).
6 In case of application of paragraph 14 of this annex, paragraph 15 of this annex shall not apply from the moment the heating break begins.
7 Measurement of air temperature in residential premises is carried out in a room (in the presence of several rooms - in the largest living room), in the center of the planes spaced from the inner surface of the outer wall and the heating element at 0.5 m and in the center of the room (the point of intersection of the diagonal lines of the room) at a height 1m . Wherein measuring instruments must comply with the requirements of standards (GOST 30494-96).
Note. For the purpose of applying this Appendix, the current norms and requirements of the legislation of the Russian Federation on technical regulation, establishing mandatory requirements to the quality of public services. The GOSTs, SNiPs, SanPiNs given in this appendix are not exhaustive and are applied until other norms and requirements of the legislation of the Russian Federation on technical regulation regulating the same issues come into force.
Download the text of Appendix No. 1 to the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildingsThe current legislation undergoes quite significant adjustments every year, and even those people who are constantly versed in the laws do not always have time to keep track of the changes that are taking place.
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Citizens, in general, try to pay attention only to those norms of the current legislation that directly affect some of their areas of life, and, first of all, this concerns the payment of utility services, which amounts to most budget expenditures of the overwhelming majority of families.
In particular, it will be useful for many to familiarize themselves with what regulations Decree 354 introduced with the latest changes in 2020 on utilities.
What you need to know
The recalculation of utilities is carried out in full compliance with the norms stipulated by the current legislation. If the owner of residential property has any metering devices, the recalculation procedure will be carried out automatically after information about the updated data is received.
If there are no appliances, and the owner will be absent for a certain period of time along with other people who permanently live in the apartment, the recalculation will be carried out according to the standard scheme.
The recalculation procedure itself provides for the re-calculation of the payment of a certain person for the utilities he uses. If any overlays or errors were found that were discovered during the further operation of the equipment, the management company or the housing and communal administration will fully compensate for the overpayment made.
In practice, in the overwhelming majority of cases, the recalculation is carried out for the reason that the owners of real estate pay for utilities not in the amount that they consumed, but in accordance with established standards.
If the owner of the property decided to install specialized metering devices in an apartment or a private house, this means that from now on, utilities will be paid to them in accordance with the indicators of these devices, and not according to established standards. In this case, it often happens that the equipment works with some kind of malfunction.
The standard is set in the form of 1/12 of last year's consumption of resources, in connection with which every month users of communal resources pay the corresponding amount established based on the results of the previous year.
At the end of the heating season in various apartment buildings equipped with common house meters, the housing and communal organization conducts a recalculation procedure and returns the overpayment to the consumer. In some cases, adjustments are made in the opposite direction.
The most common option for overpayments is private amounts, when the owner of the apartment does not send government bodies indicators of his counter for one reason or another, as a result of which the next month he should be recalculated.
It is worth noting that the recalculation procedure has legal grounds and is carried out in accordance with the standards specified in Decree No. 354, which is entirely devoted to the provision of public services to citizens. In 2017 this normative act certain adjustments were made, in connection with which it is now possible to say exactly how the recalculations are carried out.
This regulation reflects only this procedure in houses that are not equipped with meters, since with meters the recalculation is carried out automatically after loading into information base all the necessary information from metering devices.
Every citizen who is the owner or tenant of certain real estate, in accordance with the current legislation, belongs to the category of consumers, as he regularly uses public resources provided by various companies in accordance with the agreement.
In this case, the state acts as a guarantor of the legal implementation of the relationship between the consumer and the contractor, and in accordance with the norms of the above decision, each person has the right to receive a recalculation for utilities if there are certain grounds.
Decree and recent amendments to it
The amendments made to the said normative act were carried out in accordance with the norms of Decree No. 1498, which was adopted on December 26, 2012, and have been consistently implemented since 2020. The most significant in this case are the innovations that affected the procedure for calculating amounts for general house needs.
If the previously indicated payment belonged to the category of utilities, then from the new year it became housing, that is, the costs necessary to pay for hot and cold water supply, as well as sewerage, energy supply and heating are included in the costs of housing.
The volume of costs necessary to meet general house needs is set as a balance between the indicators recorded on all installed metering devices in the house, as well as meters that are present in the apartment of each tenant.
In this case, the chosen accrual method will directly depend on whether there is an appropriate metering device in the apartment building, since if it is not available, the amount of payments is set in accordance with the area of \u200b\u200bthe apartment in proportion to the total area of \u200b\u200bthe house.
First of all, the adjustments made affected the requirements that apply to the procedure for calculating payments for general house needs. The amount of due payments for an apartment is now set in accordance with the billing period, depending on the area of the residential apartment.
In accordance with Decree No. 354, it is necessary to determine the standards for general house expenses before June 1, 2020, and if, according to the results of the reporting period, exceeded standards for the use of utilities by citizens are not recorded, the costs in this part will have to be compensated by the management company or the HOA, while while the direct standard will be distributed among the residents.
The next adjustment affected the procedure for carrying out recalculations for consumed communal resources in the event that residents are absent from their apartment for a certain period of time. If at the same time metering devices are installed in the room, in principle, the recalculation will not be carried out, since the meters simply should not record the consumption of resources.
At the same time, if the consumer has documents confirming the impossibility of installing individual metering devices in the house, he is given the opportunity to recalculate.
Another innovation concerns the tariffing procedure for residential real estate in which there are no registered tenants.
If prior to January 1, 2020, utility bills were charged exclusively to apartments with registered or actually resident residents, the new rules will accrue the amount based on the total number of homeowners, and not on how many users utilities available in fact.
The owners of empty apartments are fully responsible for paying all charges in the field of housing and communal services in accordance with established standards.
General provisions
Decree No. 354 includes:
- updated coefficients, in accordance with which the established standards for drainage are determined;
- a detailed description of the procedure for installing measuring equipment;
- a list of motivational measures for the installation of measuring instruments;
- simplified payment scheme for heating apartments and private houses;
- an indication that now there is no need to provide information from meters;
- an indication that in the event of a temporary absence of tenants in the apartment, it is not necessary to pay utility bills for it;
- the order in which all specified conditions must be met.
Special attention is paid to the fact that the contractor is liable to consumers in the event that an improper quality of services is recorded, damage to the health or life of citizens due to the unsatisfactory quality of the services provided, the consumer’s failure to receive the necessary information about the quality of the services provided to him, as well as violations established conditions contracts. In this case, the contractor must completely free the citizen from the need to pay utility bills or pay him appropriate compensation.
Terms of Service
The key conditions for the provision of public services are as follows:
- consumers receive utility services from the moment determined by housing legislation;
- the composition of public services provided to the consumer is established in accordance with the degree of improvement of a residential or multi-apartment building;
- the consumer must receive a full list of utilities provided for by the drawn up contract;
- if the thermal energy used in the house is supplied through the use of centralized supply networks, the contractor must act in accordance with the terms of the heating period, which are established by the authorized body;
- the provision of public services to consumers is carried out in accordance with the concluded paid contract;
- the conditions under which utilities are provided are established in accordance with the agreement.
The parties in the process of drawing up such an agreement are the consumer in the form of a person interested in obtaining certain utilities, as well as the contractor in the form of a company responsible for providing housing with all necessary utilities.
The consumer can independently decide who exactly will act as his utility provider - a management company, a housing and communal organization, an HOA or a housing cooperative.
The agreement drawn up between the parties must reflect all the necessary conditions and the rules under which the agreed services must be provided. Residents must receive all necessary information about certain points of the drawn up agreement, as well as to know in what order this document is drawn up.
In the event that the consumer announces his intention or is already engaged in the consumption of utilities, the management company can issue a specialized act for him, regulating the main terms and norms in which the required amount will be transferred to the supplier.
Regardless of the existing type of property, citizens must be provided with a complete list of the services they need. In addition, the user has the right to independently regulate and add to the drawn up agreement additional measures aimed at improving the house along with the territory adjacent to it.
If the services provided are of poor quality or there are some other justified reasons, the consumer has the right to draw up an act indicating a violation of the terms of the contract.
Rights and obligations of the parties
The contractor is responsible to the law and the consumer in the following situations:
- the quality of the services provided does not meet the established standards;
- the poor quality of services has led to the fact that the health or life of citizens has been damaged;
- the consumer does not receive reliable and complete information about the services provided to him;
- the consumer suffered certain losses due to the fact that the contractor did not provide him with high-quality services.
If the contractor violated the rules affecting the provision of quality services, the consumer can count on complete exemption from the need to make any payment. In some cases, it also provides for the payment of a penalty in the amount determined in accordance with applicable law.
The Contractor can count on being completely released from liability in the event that insufficient quality utilities are provided, if the cause of the deterioration is the occurrence of any insurmountable circumstances or the actions of the consumer himself.
In this case, insurmountable obstacles do not include violations of various obligations on the part of the contractor's counterparties, as well as the lack of the required funds necessary to ensure the quality of services provided.
Regardless of whether an agreement has been concluded between the consumer and the contractor, compensation for damage caused due to the provision of utilities of inadequate quality must still be made.
If some damage was caused to the health or life of the consumer, compensation will be paid over the next ten years from the date of fixing the insufficient quality of services. The maximum allowable period during which the victim can file a claim with a requirement to consider the fact of the damage caused is three years.
If the contractor, who is responsible for the provision of services, for one reason or another caused damage to the property or health of the consumer, the latter must draw up the relevant act in several copies.
At the same time, the consumer must carefully use the engineering communications installed in his apartment, as well as allow authorized employees of the management company to conduct all kinds of checks or take readings from metering devices. In addition, it is the responsibility of the consumer to timely transfer payment for utilities, as well as to immediately notify the contractor about an emergency condition or any violations in general house or internal communications.
Calculation and payment
In accordance with the current legislation, the billing period for utilities is one month, while the amount of payments is set in accordance with the tariffs adopted by the resource provider, taking into account territorial conditions and all kinds of surcharges.
The payment documentation should separately reflect the services provided in the residential premises, as well as those that were required to meet the general needs of the house.
It is worth noting the fact that a whole section is devoted to this, regulating in detail the rules for calculating payments in a number of situations. In particular, this applies to the calculation procedure according to the readings of installed metering devices, as well as in the event of their absence or partial equipment of the apartment. In addition, the section indicates a number of other situations, some of which provide for the use of the formulas specified in Appendix No. 2 to this resolution.
Utilities must be paid by the 10th day of the month following the billing month.
If the transfer is carried out on the basis of the contractor's payment documentation, the amount must be transferred before the 1st day of the same month. Other terms can be established only in the process of signing the contract, in accordance with which the provision of public services is carried out.
Recalculation and change in the size of the fee
The procedure for recalculating utilities is provided if people were absent from the apartment for a certain period of time and, accordingly, did not consume utilities.
In this case, the recalculation can be carried out only if the accrual of utilities was carried out in accordance with the standards, and not on the basis of meter readings, since, otherwise, the citizen provides instrument readings that will indicate a complete absence of consumption.
Adjustments were also made to the coefficient of drainage. On this moment a recalculation of all coefficients that were in force earlier and directly related to the established standards for drainage is carried out.
After the final implementation of this procedure, it is planned to introduce new coefficients, in accordance with which the cost of the provided utilities will be calculated.
A decision is made to adjust the tariffs. In particular, it is planned to reduce their cost by 10-15%, but so far this innovation is only being considered by government agencies.
Other sections
In addition, the new resolution also regulates the resolution of conflict situations. In the vast majority of cases, disputes arise due to incorrect calculation of utility bills or due to the fact that authorized utility employees do not want to fulfill their immediate duties in order to eliminate certain problems that have arisen in their jurisdiction.
In any case, if a problem situation arises, a citizen will need to contact the supplier with an appropriate statement. In accordance with the established rules, it must be considered within the established time limits, after which a report drawn up in writing should be sent to the applicant.
If this did not happen, then in this case the applicant will have the opportunity to file an appeal with the consumer rights protection society, the courts or the prosecutor's office.
In the overwhelming majority of cases, the parties in such situations try to resolve the conflict that has arisen out of court.
If the conflict reaches an insoluble stage, the final result can only be obtained in the course of the trial, when the relevant authorities impose on the guilty execution of the applicant's requirements or refuse to satisfy them.
What has been changed
The main revision, which took place in 2020, affected the verification procedure. The time for the inspection in the situations established by this paragraph is set within two hours from the moment the consumer received a message about a violation of the quality of the public services provided.
Clause 61 of the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved by the Government of the Russian Federation of 05/06/2011 No. 354 (hereinafter referred to as Rules 354) provides for the obligation of the utility service provider to recalculate if, when checking the reliability of information about the readings of an individual meter (hereinafter - IPU) discrepancies between the information provided by the consumer and the actual testimony of the IPU were revealed. In this article, we will analyze the cases in which the recalculation is carried out in accordance with paragraph 61 of Rule 354, and the cases in which this rule is not applicable.
What does paragraph 61 of Rule 354 state?
To quote paragraph 61 of Rule 354: 61. If, in the course of the verification of the reliability of the information provided by the consumer about the readings of individual, general (apartment), room meters and (or) verification of their condition by the contractor, it is established that the meter is in good condition, including the seals on it are not are damaged, but there are discrepancies between the readings of the checked meter (distributors) and the volume of the communal resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of the utility service fee for the billing period preceding the check, then the contractor is obliged to recalculate the amount of the utility service fee and send to the consumer, within the time limits established for payment of utility services for the billing period in which the contractor carried out the check, a request for additional charges for utility services provided to the consumer or a notice of the amount of utility charges overcharged to the consumer. Excessive amounts paid by the consumer are subject to offset when paying for future billing periods.
The recalculation of the amount of the fee must be made on the basis of the testimony of the metering device being checked, taken by the contractor during the verification.
At the same time, unless the consumer proves otherwise, the volume (quantity) of the communal resource in the amount of the identified difference in the readings is considered to be consumed by the consumer during the billing period in which the contractor conducted the check».
From the above rule it follows:
1. The recalculation of payment for a utility service is carried out in compliance with a number of requirements:
1.1. " The recalculation of the amount of the fee must be made on the basis of the readings of the meter being checked taken by the contractor during the verification»;
1.2. " The contractor is obliged ... to send to the consumer, within the time limits established for payment of utilities for the billing period in which the contractor conducted the check, a request for additional charges for utilities provided to the consumer or a notice of the amount of utility fees overcharged to the consumer. Excessive amounts paid by the consumer are subject to offset when paying for future billing periods»;
1.3. " The volume (quantity) of the communal resource in the amount of the revealed difference in the readings is considered to be consumed by the consumer during the billing period in which the contractor conducted the check», « unless proven otherwise by the consumer».
2. Recalculation is made in the event of a number of circumstances:
2.1. " There are discrepancies between the readings of the checked meter (distributors) and the volume of the communal resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service". It is important to note that the norm directly indicates the discrepancy between the actual readings of the device not with the normative volume of consumption, not with the average monthly volume, not with some information received by the performer from other sources (predicted, calculated, taken by analogy, from the words of neighbors, etc. ) and not with the readings of previous settlement periods, namely with " amount of communal resource, which was submitted by the consumer performer»;
2.2. This discrepancy was found in the course of the verification of the reliability of the information provided by the consumer on the indications of individual, general (apartment), room metering devices and (or) verification of their condition»;
2.3. " The meter is in good condition, including the seals on it are not damaged».
Inspection cases
Since paragraph 61 of Rule 354 establishes that the discrepancy between the readings of the meter being checked and the volume of consumption provided to the contractor by the consumer is established during the check, we will indicate what kind of check we are talking about and in what cases such a check is carried out.
The analyzed norm, in terms of describing the nature of the verification, literally establishes: “ checking the reliability of information provided by the consumer about the readings of individual, general (apartment), room metering devices and (or) checking their condition", that is we are talking about three verification options:
1. verification of the reliability of information provided by the consumer about the readings of individual, general (apartment), room metering devices;
2. checking the status of individual, common (apartment), room metering devices;
3. verification of the reliability of information provided by the consumer about the readings of individual, general (apartment), room metering devices and checking the status of individual, general (apartment), room metering devices.
It should be noted that when conducting a check for the purpose of applying paragraph 61 of Rules 354, in any case, a third type of check is necessary (a comprehensive check of both the readings of the device and its condition), since the performer, by virtue of the requirements of paragraph 61 of Rules 354, must establish that " the meter is in good condition, including the seals on it are not damaged”, that is, when checking only the reliability of information about the readings of the device, in any case, it is necessary to check its condition, and when checking only the state of the device to assess the reliability of its readings, these readings must be checked. Thus, a textual construction that allows considering three types of checks separately seems to be absolutely redundant, although legally no violation is seen.
Therefore, in this article we will talk about a comprehensive check of both the readings of the meter and its condition (hereinafter referred to as Check).
According to subparagraph "g" of paragraph 31, the contractor is obliged to carry out Checks, however, this rule does not establish the timing and frequency of such Checks.
Paragraph 82 of Rule 354 confirms the above rule:
« 82. The contractor is obliged:
a) check the condition of installed and commissioned individual, common (apartment), room metering devices and distributors, the fact of their presence or absence;
b) to verify the reliability of information provided by consumers about the readings of individual, general (apartment), room metering devices and distributors by comparing them with the readings of the corresponding metering device at the time of the check (in cases where the readings of such metering devices and distributors are carried out by consumers)».
Section 83 of Rule 354 sets limits on the frequency of Checks:
« 83. The checks specified in paragraph 82 of these Rules must be carried out by the contractor at least once a year, and if the metering devices being checked are located in the consumer's living quarters, then no more than once every 3 months».
Subparagraph “d” of paragraph 32 of Rule 354 partially duplicates paragraph 83 and additionally establishes restrictions on the frequency of Checks for devices installed in non-residential premises and outside premises and households. According to subparagraph "d" of paragraph 32 of Rules 354, the contractor has the right to conduct Checks, but not more than 1 time in 3 months if the meter is installed in a residential area or household, and not more than 1 time per month if the meter is installed in a non-residential indoors, as well as outside the premises and households in a place that the performer can access without the presence of the consumer. At the same time, according to subparagraph “g” of paragraph 34 of Rules 354, the consumer is obliged to allow the contractor to the occupied residential premises or household for Checking at a time agreed in advance in the manner specified in paragraph 85 of Rules 354, but not more than 1 time in 3 months.
The above norms do not establish specific terms for conducting Inspections, but only establish restrictions. Some regulations establish more specific deadlines for conducting Inspections in individual cases.
For example, according to subparagraph "k (4)" of paragraph 33 of Rules 354, the consumer has the right to demand Checks from the contractor. The Contractor, in accordance with subparagraph "e (2)" of paragraph 31 of Rule 354, is obliged to carry out the Verification at the request of the consumer within 10 days after receiving such an application.
The parties to the agreement containing provisions on the provision of public services, that is, the contractor and consumers of public services, are vested with the right and obligation to determine the specific timing of the inspections. Subparagraph “i” of paragraph 19 of Rule 354 establishes: “ An agreement containing provisions on the provision of public services should include: the frequency and procedure for the contractor to check the presence or absence of individual, common (apartment), room metering devices, distributors and their technical condition, the reliability of information provided by the consumer about the readings of such metering devices and distributors».
Non-submission of IPU readings by the consumer
Another case of verification is regulated by paragraph 84 of Rule 354, which establishes: “ If the consumer fails to provide the contractor with the readings of an individual or common (apartment) meter for 6 months in a row, the contractor no later than 15 days from the date of expiration of the specified 6-month period, another period established by the contract containing provisions on the provision of utility services, and (or) decisions general meeting of owners of premises in an apartment building, is obliged to conduct the verification specified in paragraph 82 of these Rules and take readings from the meter».
Previously, an article "" was published on the AKATO website, which caused a lot of controversy on the issue of whether the service provider, having carried out the Verification on the basis of paragraph 84 of Rules 354, recalculates the amount of payment for the utility service in accordance with paragraph 61 of Rules 354, since the volume of service actually consumed , determined according to the readings of the device for the period of non-submission of readings, does not coincide with the volume presented for payment for the specified period, calculated on the basis of the average monthly volume and / or consumption standard.
Let's analyze this question.
Paragraph 84 indeed obliges to carry out a Check after 6 months of non-submission by the consumer of information about the readings of the meter. Paragraph 61 indeed establishes that, based on the results of the Check, the contractor is obliged to make a recalculation, however, it should be noted that the recalculation is made in the case, “ if during the verification of the reliability of the information provided by the consumer about the readings of individual, general (apartment), room meters and (or) verification of their condition by the contractor, it is established by the contractor that the meter is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the checked meter (distributors) and the volume of the communal resource that was presented by the consumer to the contractor ».
If the consumer did not provide the contractor with information about the readings of metering devices, that is, the volume of consumed communal resource presented by the consumer is not defined, then it is impossible to determine the discrepancy between the actual readings of the metering device and those presented by the consumer, and since it is the cost of this volume of discrepancy that is the size recalculation, then the size of the recalculation is not subject to determination.
Therefore, it is precisely in the event that the consumer does not provide information about the readings of the metering device, clause 61 of Rules 354 is not applicable.
At the same time, paragraph 84 of Rules 354 obliges the contractor, when conducting the Check, after a 6-month period of non-submission of meter readings by the consumer, to take readings of this meter. However, not a single rule indicates that the contractor is obliged to apply the testimony taken when determining the amount of the recalculation, including the use of the testimony taken by the contractor is not provided O and paragraph 61 of Rule 354.
Application of paragraph 61
Based on the foregoing, clause 61 of Rules 354 applies only if, during the Verification, the fact of the consumer transmitting unreliable meter readings is revealed. Such a Check can be carried out either at the initiative of the contractor (subparagraph "g" of paragraph 31, subparagraph "d" of paragraph 32, paragraph 82 of Rule 354), or at the initiative of the consumer (subparagraph "e (2)" of paragraph 31 and subparagraph "k (4 )" of paragraph 33 of Rules 354), or in accordance with the approved contract for the provision of public services in the manner and frequency (subparagraph "i" of paragraph 19 of Rules 354).
Consider examples of the application of paragraph 61 of Rule 354.
Example 1
Let the performer check the consumer metering device on the first day of the month N1 and establish that the readings of the IPU of cold water consumption are 100 cubic meters. In month N2, the consumer submitted meter readings of 102 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer informed the executor of IPU readings of 105 cubic meters, the executor presented for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer informed the executor of IPU readings of 107 cubic meters, the executor presented for payment the consumption of 2 cubic meters of water for month N3. In the same month, N4, the contractor conducted a Check of the meter and found that the transmitted readings of the meter are unreliable, and in fact the device at the time of the Check shows 110 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:
- sets the discrepancy volume in the amount of 3 cubic meters (110-107);
- sends to the consumer, within the period established for paying for the volume of water for the month N4, a request for making an additional charge in the amount of the cost of 3 cubic meters of water;
- if the consumer in the month N5 transmitted the readings of the device in the amount of 112 cubic meters, then the contractor in the month N5 presents for payment for the month N4 the discrepancy revealed in the volume of 3 cubic meters and the volume transferred by the consumer is 2 cubic meters (112-110), then there are only 5 cubic meters.
On a monthly basis, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 5 cubic meters, total - 12 cubic meters. It is 12 cubic meters that makes up the difference between the readings of the meter at the time of the Check in month N1 (100 cubic meters) and the readings of the device transmitted by the consumer in month N5 (112 cubic meters).
Example 2
Let the performer in the above Example 1, during the Check in month N4, establish that the actual readings of the IPU are 106 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:
- sets the discrepancy volume in the amount of 1 cubic meter (107-106);
- sends to the consumer, within the period established for paying for the volume of water for the month N4, a notice on the amount of the overcharged consumer for water in the amount of 1 cubic meter;
- if the consumer in the month N5 transmitted the readings of the device in the amount of 109 cubic meters, then the performer in the month N5 takes into account the overpaid volume of 1 cubic meter and the volume of 3 cubic meters transferred by the consumer (109-106), that is, only 2 cubic meters .
On a monthly basis, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 2 cubic meters, total - 9 cubic meters. It is 9 cubic meters that makes up the difference between the readings of the meter at the time of the Check in month N1 (100 cubic meters) and the readings of the device transmitted by the consumer in month N5 (109 cubic meters).
Inapplicability of paragraph 61
Example 1
The contractor presented to the consumer for payment in the month N5 for the month N4 the volume of 3 cubic meters, in the month N6 for the month N5 - 3 cubic meters and in the month N7 for the month N6 - 3 cubic meters. In month 7, the contractor conducted a Check and found that the readings of the meter are 15 cubic meters. The performer defines these readings as the initial readings of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and recalculation in accordance with paragraph 61 of Rule 354 is possible only if the IPU readings are found to be unreliable.
Despite the fact that, according to the testimony of the IPU, for 6 months the consumer consumed 15 cubic meters (15-0), he was presented with payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, total - 18 cubic meters.
The consumer actually paid for 3 cubic meters not consumed by him, but this is exactly the procedure established by the current legislation.
Example 2
Let the executor take into account the IPI of the consumer from the first day of the month N1 and establish that the indications of the IPI of cold water consumption are 0 cubic meters. In month N2, the consumer submitted meter readings of 2 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer informed the executor of IPU readings of 5 cubic meters, the executor presented for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer informed the contractor of IPU readings of 9 cubic meters, the contractor presented for payment the consumption of 4 cubic meters of water for month N3.
Further, the consumer stopped transmitting the meter readings to the contractor, and the contractor began to calculate according to the average monthly readings of the meter (), which for three months amounted to (9-0) / 3 = 3 cubic meters
The contractor presented to the consumer for payment in the month N5 for the month N4 the volume of 3 cubic meters, in the month N6 for the month N5 - 3 cubic meters and in the month N7 for the month N6 - 3 cubic meters. In month 7, the Contractor conducted a Check and found that the meter reading was 20 cubic meters. The performer defines these readings as the initial readings of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and recalculation in accordance with paragraph 61 of Rule 354 is possible only if unreliability is detected transferred by the consumer to the contractor IPU readings.
Despite the fact that according to the testimony of the IPU for 6 months, the consumer consumed 20 cubic meters (20-0), he was presented with payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, total - 18 cubic meters.
The consumer actually consumed 2 cubic meters of water more than he paid for, but this is exactly the procedure established by the current legislation. The indicated 2 cubic meters will increase the amount of communal resources consumed in the maintenance of common property, and will be a loss for the utility services provider.
conclusions
Establishes that the contractor is obliged to recalculate if, during the verification of the reliability of the information provided by the consumer about the readings of individual, general (apartment), room meters and (or) checking their condition by the contractor, it is established that the meter is in good condition, in including the seals on it are not damaged, but there are discrepancies between the readings of the checked metering device (distributors) and the volume of the communal resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service for the billing period preceding the verification.
The specified norm is applicable only if the consumer provided the contractor with false information about the readings of the meter, but is not applicable if the consumer did not report the IPU readings to the contractor at all.
Note: The analysis of paragraph 61 of Rules 354 was carried out at the request of Yugo-Zapadnoye LLC.
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