118. Incomplete payment by the consumer of a utility service means that the consumer has a debt to pay for 1 utility service in an amount exceeding the sum of 2 monthly fees for the utility service, calculated on the basis of the utility consumption standard, regardless of the presence or absence of an individual or common (apartment) appliance accounting and tariff for the corresponding type of communal resource in force on the day of restriction of the provision of communal services, provided that there is no agreement concluded by the consumer-debtor with the contractor on repayment of the debt and (or) if the consumer-debtor fails to comply with the terms of such an agreement.

If the consumer does not fully pay for all types of services provided by the contractor to the consumer utilities, then the contractor calculates the consumer's debt for each type of utility service separately.

If the consumer partially pays for the utility services provided by the contractor and services for the maintenance and repair of residential premises, then the contractor divides the fee received from the consumer between all types of utilities indicated in the payment document and the fee for the maintenance and repair of residential premises in proportion to the amount of each fee specified in payment document. In this case, the contractor calculates the consumer's debt for each type of utility service based on the partially unpaid amount.

Those. if the owner has not paid a couple of receipts, then the money received from him should be divided proportionally (as a percentage) between mandatory services (utilities, housing, overhaul).

Reservation.

If the HOA / UK distributed part of the funds received for services not included in utilities (354 fixed definition of services) and housing (gosstroy resolution No. 170), then the distribution for the same services (security, for example), even if they are accepted at the general meeting - will be illegal.

119. Unless otherwise provided by federal laws, decrees of the President Russian Federation, resolutions of the Government of the Russian Federation or an agreement containing provisions on the provision of utility services, the contractor, in the event of incomplete payment by the consumer of the utility service, has the right, after a written warning (notice) to the debtor consumer, to limit or suspend the provision of such utility services in the following order:

a) performer writing sends a warning (notice) to the consumer-debtor stating that in case of non-payment of arrears in payment for utility services within 20 days from the date of transfer of the specified warning (notice) to the consumer, the provision of such utility services to him may be first limited and then suspended or in the absence of technical the possibility of imposing a restriction is suspended without a preliminary imposition of a restriction. A warning (notice) is brought to the attention of the consumer by handing it to him against receipt or by sending it by registered mail (with a description of the attachment);

b) if the consumer-debtor fails to repay the debt within the period specified in the warning (notice), the contractor, if technically possible, imposes a restriction on the provision of the utility service specified in the warning (notice) with a preliminary (3 days) written notice to the consumer-debtor by handing him a notice under receipt;

c) in the absence of the technical possibility of introducing a restriction in accordance with subparagraph "b" of this paragraph or in case of non-payment of the resulting debt and after 30 days from the date of introduction of the restriction on the provision of public services, the contractor suspends the provision of such public services, with the exception of heating, and in apartment buildings also with the exception of cold water supply - with a preliminary (3 days) written notice to the consumer-debtor by handing him a notice against receipt.

The contractor (i.e. HOA or UK, etc.) limits the unpaid (exactly the one for which there is a debt, and not any, as some "talented" HOAs think) by disconnecting from the common house node, or overlapping, with the exception of heating during the heating season.

The deadlines for notifications are given, they cannot be violated, because. it is a mandatory rule of law. (binding i.e.)

Russian Federation

Decree of the Government of the Russian Federation of 05/06/2011 N 354 (as amended on 08/27/2012 with amendments that entered into force on 08/31/2012) "ON 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 05/04/2012 N 442, of 08/27/2012 N 857)

b) within 3 months:

approved in agreement with Federal Service by tariffs approximate form a payment document for making a payment for the maintenance and repair of a dwelling and the provision of public services, as well as methodological recommendations for filling it out;

approve, in agreement with the Federal Antimonopoly Service, the exemplary terms of an apartment building management agreement;

submit in agreement with the Ministry economic development Russian Federation and the Federal Tariff Service in in due course to the Government of the Russian Federation a draft act on amendments to the Rules for establishing and determining standards for the consumption of utilities, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306, providing, among other things:

exclusion from the volumes of communal resources taken into account when determining the standards for the consumption of communal services in a residential building, the volumes of communal resources provided for the maintenance of the common property of an apartment building, and regulatory technological losses communal resources;

the procedure for establishing standards for the consumption of utilities for general house needs;

the procedure for establishing standards for the consumption of communal services, with the exception of gas supply, when using a land plot and outbuildings;

c) within 5 months, approve, in agreement with the Ministry of Economic Development of the Russian Federation, the approximate terms of an energy service agreement aimed at saving and (or) increasing the efficiency of utility consumption when using common property in an apartment building;

d) within a 6-month period, approve the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of the survey report to establish the presence (absence) of the technical feasibility of installing such metering devices and the procedure filling it out.

5. Recommend to authorities state power of the constituent entities of the Russian Federation to approve the standards for the consumption of utilities in residential premises, the standards for the consumption of utilities for general house needs, the standards for the consumption of utilities when using a land plot and outbuildings no later than 2 months from the date of entry into force of the changes that are made to the Rules for establishing and determining standards consumption of utilities specified in the fourth paragraph of subparagraph "b" of paragraph 4 of this Decree.

6. Recognize as invalid from the date of entry into force of the Rules approved by this Decree:

Decree of the Government of the Russian Federation of May 23, 2006 N 307 "On the procedure for providing public services to citizens" (Collected Legislation of the Russian Federation, 2006, N 23, Article 2501), with the exception of paragraphs 15 - 28 of the Rules for the provision of public services to citizens approved by the specified by a resolution (in terms of the procedure for calculating the amount of payment for a utility service for heating), and paragraphs 1 - 4 of Appendix No. 2 to these Rules (in terms of the procedure for calculating the amount of payment for a utility service for heating), which become invalid from January 1 2015

dated 27.08.2012 N 857)

Appendix No. 1
to the Rules for providing
utility services to owners
and users of premises
in apartment buildings
and residential buildings

(as amended by Decree of the Government of the Russian Federation of 04.05.2012 N 442)

the words "for communal services" shall be replaced by the words "for the communal heating service";

the words "subparagraphs "a" and "b" of paragraph 19," shall be deleted;

in the first paragraph, the words "in a residential area" shall be deleted;

subparagraphs "b" and "c"

"b) ensuring the readiness of in-house engineering power supply systems and electrical equipment, which are part of the common property, for the provision of public electricity supply services;

c) maintaining the premises that are part of the common property in a condition that ensures the temperature and humidity in such premises established by the legislation of the Russian Federation;";

add subparagraph "d1" with the following content:

"e1) organization of places for the accumulation and accumulation of spent mercury-containing lamps and their transfer to specialized organizations that have licenses to carry out activities for the collection, use, neutralization, transportation, disposal of waste of hazard class I - IV;";

add subparagraphs "i" and "k" as follows:

"i) implementation of mandatory energy saving and energy saving measures in relation to common property energy efficiency included in the list of measures approved in accordance with the procedure established by the legislation of the Russian Federation;

j) ensuring the installation and commissioning of collective (general house) metering devices for cold and hot water, thermal and electric energy, natural gas, as well as their proper operation (inspections, Maintenance, verification of metering devices, etc.).";

paragraph 12 after the words "to carry out actions for the maintenance and repair of common property" shall be supplemented with the words ", with the exception of the actions specified in subparagraph "e1" of paragraph 11 of these Rules,";

Paragraph 29 shall be amended as follows:

"29. Expenses for the maintenance and repair of residential premises are determined in the amount that ensures the maintenance of common property in accordance with the requirements of the legislation of the Russian Federation, including, among other things, the payment of expenses for the maintenance and repair of in-house engineering systems of electricity, heat, gas and water supply, sanitation , reasonable expenses for the collection of debts for payment of residential premises and utilities, for taking readings of metering devices, maintenance information systems that ensure the collection, processing and storage of data on payments for residential premises and utilities, issuing payment documents for payment for residential premises and utilities. ";

add paragraphs 38(1) - 38(5) as follows:

"38(1). If the owners of premises in an apartment building before January 1, 2013 did not ensure that such a house is equipped with a collective (common house) metering device for the used communal resource and, at the same time, in accordance with paragraph 12 of Article 13 federal law"On Energy Saving and Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation" a collective (common house) metering device was installed, the owners of the premises are required to pay the costs of installing such a metering device on the basis of invoices and in the amount specified in paragraph two of this paragraph, except for cases when such expenses were taken into account as part of the payment for the maintenance and repair of residential premises and (or) as part of the established for members of the partnership of homeowners or housing cooperative or another specialized consumer cooperative of mandatory payments and (or) contributions related to the payment of expenses for maintenance, current and overhaul common property.

Invoices for the payment of expenses for the installation of a collective (common house) metering device, indicating the total amount of expenses for the installation of such a metering device and the share of the costs for installing such a metering device, the burden of which is borne by the owner of the premises, are issued to the owners of the premises by the organization that carried out in accordance with part 12 of Article 13 Federal Law "On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation" installation of a collective (common house) meter. The share of expenses for the installation of a collective (common house) metering device, the burden of which is borne by the owner of the premises, is determined based on his share in the right of common ownership of common property.

In case of disagreement with the amount of expenses indicated in the invoice for the installation of a collective (general house) metering device and (or) the share of expenses attributed to it, the owner of the premises has the right to contact the organization that installed such a metering device and issued the invoice with disagreements, and if disagreements are not settled, he has the right to appeal issued invoice in the manner prescribed by the legislation of the Russian Federation.

Citizens - owners of premises in an apartment building pay the invoices issued in accordance with Part 12 of Article 13 of the Federal Law "On Energy Saving and Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation".

38(2). The owners of the premises have the right to decide on the conclusion of an energy service agreement (contract) aimed at saving and (or) increasing the efficiency of consumption of communal resources when using common property (hereinafter referred to as the energy service agreement for general house needs), with a managing organization, a homeowners association, housing, housing - a building cooperative or other specialized consumer cooperative or about giving specified organizations, partnership or cooperative with the authority to conclude in the interests of the owners on their own behalf or on behalf of the owners of an energy service contract for common house needs with an organization providing energy services.

An energy service contract for general house needs with a managing organization is concluded separately from the contract for managing an apartment building.

In the case of direct management of an apartment building, the owners of premises in an apartment building have the right to decide on the conclusion of an energy service contract for general house needs with a resource supply organization or another organization providing energy services.

38(3). The decision of the owners of the premises, specified in paragraph 382 of these Rules, is adopted at the general meeting of the owners of the premises and must contain, among other things, the following conditions for concluding an energy service contract for general house needs:

the amount of savings in utility resources in in kind(reduction in comparable conditions of the volume (quantity) of communal resources consumed for general house needs), which must be ensured as a result of the execution of an energy service contract for general house needs, and the period required to achieve such a savings;

the price of an energy service contract for general house needs and the procedure for its payment;

the term of the energy service contract for general house needs.

Approximate terms of an energy service contract for general house needs are approved by the Ministry regional development Russian Federation in agreement with the Ministry of Economic Development of the Russian Federation.

38(4). Payment of the price of the energy service contract for general house needs is carried out separately from the payment for utilities and the payment for the maintenance and repair of the dwelling.

38(5). The price of an energy service contract for general house needs is determined by agreement of the parties to such an agreement.";

b) Rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and the performance of work on the management, maintenance and repair of common property in an apartment building inadequate quality and (or) with breaks exceeding the established duration, approved by the said Decree, add paragraph 6(1) as follows:

"6(1). In case of non-fulfillment of work on equipping an apartment building with a collective (common house) metering device by the deadline established by the decision of the owners of the premises and at the same time including the costs of installing a metering device in the payment for the maintenance and repair of the residential premises, the amount of payment for the maintenance and repair residential premises, accrued to the owners of premises, citizens" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2008, N 30, art. 3635):

a) Paragraph 30 shall be stated as follows:

"30. The volume of gas consumed for the period from the day the gas meter was dismantled to send it for verification or repair and until the day following the day the seal was installed at the place where the gas meter after verification or repair is connected to the gas pipeline, but not more than 3 months in a row, is determined based on the volume of average monthly gas consumption by the consumer, determined by the gas meter for a period of at least one year, and if the period of operation of the gas meter was less than one year - for the actual period of operation of the gas meter. monthly period, the volume of gas consumed for each subsequent month up to the day following the day the seal is installed at the place where the gas meter after verification or repair is connected to the gas pipeline is determined in accordance with the gas consumption standards.

b) the first paragraph of clause 31 shall be stated as follows:

"31. If the subscriber did not provide the gas supplier with information on the readings of the gas meter within the period established by the agreement, the volume of gas consumed for the past billing period and before the billing period in which the subscriber resumed providing the specified information, but not more than 3 months in a row, is determined based on the volume of average monthly gas consumption by the consumer, determined by the gas meter for a period of at least one year, and if the period of operation of the gas meter was less than one year - for the actual period of operation of the gas meter.After the specified 3-month period, the volume of consumed gas for each subsequent month up to the billing period in which the subscriber resumed the provision of the specified information, is determined in accordance with the gas consumption standards.".

In accordance with Article 157 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached:

Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings;

changes that are made to the resolutions of the Government of the Russian Federation on the provision of public services.

2. Establish that the Rules approved by this resolution:

a) apply to relations arising from previously concluded agreements containing the conditions for the provision of public services, in terms of the rights and obligations that arise after the entry into force of these Rules;

b) do not apply to relations that arise during the supply of gas to meet the household needs of citizens and the regulation of which is carried out in accordance with the Rules for the supply of gas to meet the household needs of citizens, approved by Decree of the Government of the Russian Federation of July 21, 2008 N 549 ;

c) come into force after 2 months from the date of entry into force of the changes that are made to the Rules for establishing and determining the standards for the consumption of utility services specified in paragraph four of subparagraph "b" of paragraph 4 of this resolution.

3. Establish that the Ministry of Regional Development of the Russian Federation gives clarifications on the application of the Rules approved by this resolution.

4. To the Ministry of Regional Development of the Russian Federation:

a) within 2 months, in agreement with the Ministry of Energy of the Russian Federation and with the participation of interested federal executive bodies, submit to the Government of the Russian Federation proposals for improving the Rules for the supply of gas to meet the domestic needs of citizens, approved by the Decree of the Government of the Russian Federation dated July 21, 2008 Mr. N 549, and the main provisions of the functioning retail markets electric power, approved by the Decree of the Government of the Russian Federation of August 31, 2006 N 530;

b) within 3 months:

approve, in agreement with the Federal Tariff Service, an approximate form of a payment document for making payments for the maintenance and repair of residential premises and the provision of public services, as well as methodological recommendations for filling it out;

approve, in agreement with the Federal Antimonopoly Service, the exemplary terms of an apartment building management agreement;

submit, in agreement with the Ministry of Economic Development of the Russian Federation and the Federal Tariff Service, in accordance with the established procedure, to the Government of the Russian Federation a draft act on amendments to the Rules for establishing and determining standards for the consumption of utilities, approved by Decree of the Government of the Russian Federation dated May 23, 2006 N 306, including:

exclusion from the volumes of communal resources taken into account when determining the standards for the consumption of communal services in a residential building, the volumes of communal resources provided for the maintenance of the common property of an apartment building, and regulatory technological losses of communal resources;

the procedure for establishing standards for the consumption of utilities for general house needs;

the procedure for establishing standards for the consumption of communal services, with the exception of gas supply, when using a land plot and outbuildings;

c) within 5 months, approve, in agreement with the Ministry of Economic Development of the Russian Federation, the approximate terms of an energy service agreement aimed at saving and (or) increasing the efficiency of utility consumption when using common property in an apartment building;

d) within a 6-month period, approve the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of the survey report to establish the presence (absence) of the technical feasibility of installing such metering devices and the procedure filling it out.

5. To recommend that the state authorities of the constituent entities of the Russian Federation approve the standards for the consumption of utilities in residential premises, the standards for the consumption of utilities for general house needs, the standards for the consumption of utilities when using a land plot and outbuildings no later than 2 months from the date of entry into force of the changes that are made in the Rules for establishing and determining the standards for the consumption of utilities specified in paragraph four of subparagraph "b" of paragraph 4 of this resolution.

6. Recognize as invalid from the date of entry into force of the Rules approved by this resolution:

Decree of the Government of the Russian Federation of May 23, 2006 N 307 "On the procedure for providing public services to citizens" (Collected Legislation of the Russian Federation, 2006, N 23, Art. 2501);

clause 3 of Decree of the Government of the Russian Federation of July 21, 2008 N 549 "On the procedure for supplying gas to meet the domestic needs of citizens" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, N 30, art. 3635);

paragraph 5 of the amendments that are made to the acts of the Government of the Russian Federation approved by Decree of the Government of the Russian Federation of July 29, 2010 N 580 "On the amendment and invalidation of certain acts of the Government of the Russian Federation" (Collected Legislation of the Russian Federation, 2010, N 31, art. 4273).

Prime Minister
Russian Federation
V. Putin

Decree of the Government of the Russian Federation of 05/06/2011 N 354 (as amended on 07/13/2019) "On the provision of public services to owners and users of premises in apartment buildings and residential buildings" (together with the "Rules for the provision of public services ...

VI. The procedure for calculating and paying utility bills

ConsultantPlus: note.

From 07/01/2020, the payment for the utility service for electricity supply can be reduced up to the complete exemption of the consumer from payment in the cases, in the manner and in the amount established by the legislation in the field of electric power industry (FZ of 12/27/2018 N 522-FZ).

36. The calculation of the amount of payment for utilities is carried out in the manner prescribed by these Rules, taking into account the specifics provided for by regulatory enactments that regulate the procedure for establishing and applying social norm consumption of electrical energy (power), if a decision has been made in a constituent entity of the Russian Federation to establish such a social norm.

37. The billing period for paying utility bills is set equal to a calendar month.

38. The amount of payment for utilities is calculated according to the tariffs (prices) for consumers established by the resource supply organization in the manner determined by the legislation of the Russian Federation on state regulation prices (tariffs).

If a decision has been made in a constituent entity of the Russian Federation to establish a social norm for the consumption of electrical energy (capacity), the amount of payment for a utility service for electricity supply is calculated at prices (tariffs) for electrical energy (capacity) established for the population and categories of consumers equated to it in within and beyond such social norms.

In the case of establishing tariffs (prices) differentiated by groups of consumers, the amount of payment for utilities is calculated using the tariffs (prices) established for the relevant consumer group.

In the case of establishing surcharges to tariffs (prices), the amount of payment for utilities is calculated taking into account such surcharges.

In the case of establishing two-part tariffs (prices) for consumers, the calculation of the amount of payment for utilities is carried out at such tariffs (prices) as the sum of the fixed and variable components of the fee, calculated at each of the 2 established rates (constant and variable) of the two-part tariff (price) separately .

In the case of establishing two-component tariffs for hot water, the amount of payment for the utility service for hot water supply is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the utility service for hot water supply (or the component for the heat carrier, which is integral part the tariff for hot water in open heat supply systems (hot water supply), and the cost of the component for thermal energy used to heat cold water for the purpose of providing a public service for hot water supply.

(see text in previous edition)

When establishing tariffs (prices) for consumers differentiated by time of day or other criteria reflecting the degree of use of communal resources, the amount of payment for utilities provided in a residential building is determined using such tariffs (prices) if the consumer has an individual, common (apartment) or room metering device that allows you to determine the volumes of communal resources consumed in the corresponding premises differentiated by time of day or by other criteria reflecting the degree of use of communal resources.

(see text in previous edition)

When calculating the amount of payment for communal resources purchased by the contractor from a resource supplying organization in order to provide utility services to consumers, the tariffs (prices) of the resource supplying organization used in calculating the amount of payment for utilities for consumers are applied.

39. If, when calculating the amount of payment for a utility service, a two-part tariff (price) is subject to application, then the contractor, in order to calculate the constant component of the payment, is obliged to calculate, in accordance with Appendix No. 2, the number of units of that constant value for each residential or non-residential premises in an apartment building ( power, load, etc.), which is established by the legislation of the Russian Federation on state regulation of tariffs for calculating the constant component of the fee.

40. A consumer in an apartment building pays for utility services (cold water supply, hot water supply, sewerage, electricity, gas supply) provided to the consumer in a residential and non-residential premises in the cases established by these Rules, with the exception of the case of direct management of an apartment building by the owners of premises in this building, as well as cases where the method of management in an apartment building is not selected or the selected method of management is not implemented, in which the consumer in the apartment building as part of the payment for utilities services (cold water supply, hot water supply, sewerage, electricity supply, gas supply) separately pays for utilities provided to the consumer in residential or non-residential premises, and fees for utilities consumed in the maintenance of common property in an apartment building (hereinafter referred to as utilities provided by for community needs).

(see text in previous edition)

(see text in previous edition)

The consumer of the utility service for heating and (or) hot water supply, produced and provided by the contractor to the consumer in the absence centralized systems heat supply and (or) hot water supply, pays a fee calculated in accordance with paragraph 54 of these Rules.

(see text in previous edition)

41. A consumer of utility services in a household shall pay a utility service fee, which includes utility services provided to a consumer in a residential area, as well as utility services consumed when using a land plot and outbuildings located on it.

42. The amount of payment for a utility service provided to a consumer in a residential area equipped with an individual or common (apartment) meter, with the exception of payment for a utility service for heating, is determined in accordance with formula 1 of Appendix No. 2 to these Rules based on the readings of such a device accounting for the billing period. In the case of establishing two-component tariffs for hot water, the amount of payment for the utility service for hot water supply provided to the consumer for the billing period in a residential building is determined in accordance with formula 23 of Appendix No. 2 to these Rules based on the readings of hot water meters.

(see text in previous edition)

In the absence of an individual or common (apartment) metering device for cold water, hot water, electricity and gas and there is no technical possibility of installing such a metering device, the amount of payment for the utility service for cold water supply, hot water supply, electricity supply, gas supply provided to the consumer in a residential area, is determined in accordance with formulas 4 and Appendix No. 2 to these Rules based on the standards for the consumption of utility services. In the case of establishing two-component tariffs for hot water, the amount of payment for the utility service for hot water supply provided to the consumer for the billing period in a residential building is determined in accordance with formula 23 of Appendix No. 2 to these Rules based on the hot water consumption standard.

(see text in previous edition)

In the absence of an individual or common (apartment) metering device for cold water, hot water, electric energy, and in the event that there is an obligation to install such a metering device, the amount of payment for the utility service for cold water supply, hot water supply and (or) electricity provided to the consumer in a residential area, is determined according to formula 4(1) of Annex No. 2 to these Rules based on the consumption standard for utility services for cold water supply, hot water supply and (or) electricity supply using a multiplying factor, and in the case of establishing two-component tariffs for hot water, the amount of payment for utility services according to hot water supply provided to the consumer for the billing period in a residential area that is not equipped with such metering devices is determined by formula 23 (1) of Appendix No. 2 to these Rules based on the hot water consumption standard using a multiplying factor.

(see text in previous edition)

(see text in previous edition)

The amount of payment for a utility service provided to a consumer in a residential building in the cases and for the billing periods specified in paragraph 59 of these Rules is determined based on the data specified in paragraph 59 of these Rules.

The amount of payment for the utility service for water disposal, provided for the billing period in a residential area that is not equipped with an individual or common (apartment) metering device Wastewater, is calculated based on the sum of the volumes of cold and hot water provided in such a dwelling and determined according to the readings of individual or common (apartment) cold and (or) hot water meters for the billing period, and in the absence of cold and (or) hot meters water - in accordance with formula 4 of Appendix No. 2 to these Rules based on the standard for water disposal.

(see text in previous edition)

42(1). Payment for utilities for heating is carried out in one of two ways - during the heating period or evenly throughout the calendar year.

In an apartment building that is not equipped with a collective (common house) heat energy meter, and a residential building that is not equipped with an individual heat energy meter, the amount of payment for the heating utility service is determined by the formulas 2,, and Appendix No. 2 to these Rules based on from the norm of consumption of utility services for heating.

(see text in previous edition)

In an apartment building that is equipped with a collective (common house) heat energy meter and in which not a single residential or non-residential building is equipped with an individual and (or) common (apartment) heat energy meter, the amount of payment for the heating utility service is determined by the formulas 3 and Appendix No. 2 to these Rules based on the readings of a collective (general house) heat energy meter.

(see text in previous edition)

In an apartment building that is equipped with a collective (common house) heat energy meter and in which at least one, but not all residential or non-residential premises are equipped with individual and (or) common (apartment) heat energy meters, the amount of payment for the utility service for heating is determined according to formulas 3 (1) and Appendix No. 2 to these Rules based on the readings of individual and (or) common (apartment) and collective (common house) heat energy meters.

(see text in previous edition)

In an apartment building that is equipped with a collective (common house) heat energy meter and in which all residential and non-residential premises are equipped with individual and (or) common (apartment) heat energy meters, the amount of payment for the heating utility service is determined by the formulas 3 (3 ) and Appendix No. 2 to these Rules based on the readings of individual and (or) common (apartment) heat meters and the readings of a collective (general house) heat energy meter.

(see text in previous edition)

In a residential building that is equipped with an individual heat energy meter, the amount of payment for a utility service for heating is determined by formulas 3 (4) and Appendix No. 2 to these Rules based on the readings of an individual heat energy meter.

(see text in previous edition)

If an apartment building is equipped with a collective (general house) heat energy meter and at the same time residential and non-residential premises in an apartment building, the total area of ​​\u200b\u200bwhich is more than 50 percent total area of all residential and non-residential premises in an apartment building, equipped with distributors, the amount of payment for the utility service for heating is determined in accordance with the provisions of the third and fourth paragraphs of this paragraph and is subject to adjustment once a year by the contractor in accordance with formula 6 of Appendix No. 2 to these Rules. Decision general meeting owners of premises in an apartment building, members of a partnership or cooperative, a more frequent frequency during the year for adjusting the amount of payment for the heating utility service provided to consumers in the apartment building specified in this paragraph may be established in the event that payment for the utility heating service is made during the heating season. period. In the event of failure, lack of evidence or the presence of a violation of the integrity of the seal of at least one distributor in a residential or non-residential premises of an apartment building, such a premises is equated to premises not equipped with distributors.

(see text in previous edition)

When choosing the method of payment for utility services for heating during the heating season with an open heat supply system (hot water supply), if the heat energy metering unit of an apartment building is equipped with a collective (common house) heat energy meter that takes into account the total volume (quantity) of heat energy consumed for the needs of heating and hot water supply, in order to determine the amount of payment for the utility service for heating in accordance with the provisions of paragraphs three to five of this paragraph, the volume (quantity) of thermal energy consumed during the billing period for heating needs during the heating period is determined as the difference in volume ( quantity) of thermal energy consumed during the billing period, determined on the basis of the readings of the collective (common house) heat energy meter with which the apartment building is equipped, and the product of the volume (quantity) of thermal energy consumed during the billing period, used to heat water in order to provide utility services for hot water supply, determined on the basis of the standard consumption of thermal energy used to heat water in order to provide public services for hot water supply, and the volume (quantity) of hot water consumed in the premises of an apartment building and for general house needs.

When choosing the method of payment for utility services for heating during the heating period, if with an open heat supply system (hot water supply) in an apartment building, collective (common house) meters are installed separately in the heating system and in the hot water supply system, the amount of payment for the utility service according to heating is determined in accordance with the provisions of paragraphs three - five of this paragraph.

When choosing the method of payment for utility services for heating during the heating period, the volume (quantity) of thermal energy in the amount determined on the basis of the readings of individual and (or) general (apartment) heat meters is used when calculating the amount of payment for the utility service for heating for the billing period in which the meter readings were transmitted by the consumer. When choosing the method of payment for utility services for heating evenly during the calendar year, the readings of individual and (or) general (apartment) heat meters are used when making adjustments for the past year.

(see text in previous edition)

42(2). The method of payment for utility services for heating during the heating period is applied from the beginning of the heating period in the year following the year in which the state authority of the constituent entity of the Russian Federation decided to choose such a method, and the method of payment for utility services for heating evenly throughout the calendar year - from July 1 of the year following the year in which the decision to choose such a method was made by the state authority of the constituent entity of the Russian Federation.

In the event that a public authority of a constituent entity of the Russian Federation decides to change the method of payment for a utility service for heating, the contractor adjusts the amount of payment for a utility service for heating in the first quarter of the calendar year following the year in which the payment method is changed, in accordance with formula 6 (1)

(see text in previous edition)

43. The volume of heat energy consumed in non-residential premises of an apartment building is determined in accordance with paragraph 42 (1) of these Rules.

In the absence of a collective (common house) heat energy meter in an apartment building, as well as an individual heat energy meter, the specified volume is determined based on the consumption standard for heating utility services used in such an apartment building.

(see text in previous edition)

The volume of electric energy, cold water and hot water consumed in the room allocated in the apartment building for parking spaces, the volume of wastewater discharged is determined based on the readings of the metering devices of the corresponding communal resource, established for the purpose of separate accounting for the consumption of communal resources in this room, and in their absence, based on the area of ​​the specified premises and the norm for the consumption of cold water, hot water, wastewater disposal, electrical energy for the purpose of maintaining common property in an apartment building. The specified volume of electricity, cold and hot water, as well as waste water is distributed among the owners of parking spaces in proportion to the number of parking spaces belonging to each owner. At the same time, in the absence of metering devices for electric energy, cold water and hot water, installed for the purpose of separate accounting for the consumption of communal resources in this room, the amount of payment for the owners of parking spaces is determined by applying a multiplying factor to the corresponding standard for the consumption of a communal resource, the value of which is taken equal to 1.5.

(see text in previous edition)

44. The amount of payment for a utility service provided for general house needs in the cases established by paragraph 40 of these Rules, in an apartment building equipped with a collective (common house) meter, with the exception of the heating utility service, is determined in accordance with formula 10 of Appendix No. 2 to these Rules.

At the same time, the volume of utility services provided for general house needs for the billing period, distributed in accordance with formulas 11 - Appendix N 2 to these Rules between consumers, cannot exceed the volume of utility services calculated based on the consumption standards of the corresponding communal resource in order to maintain common property in apartment building, except in cases where the general meeting of owners of premises in an apartment building, held in the prescribed manner, decided to distribute the volume of utility services in the amount of the excess of the volume of utility services provided for general house needs, determined based on the readings of the collective (common house) meter , over the volume calculated based on the standards for the consumption of a communal resource for the purpose of maintaining common property in an apartment building, between all residential and non-residential premises in proportion to the size of the total area of ​​​​each residential and non-residential premises.

When calculating the payment for a utility service provided for general house needs to a consumer in a non-residential premises, the prices (tariffs) established for the category of consumers to which such a consumer belongs are used.

If the general house (collective) and all individual (apartment) metering devices have the same functionality to determine the volume of consumption of communal services differentiated by time of day or by other criteria reflecting the degree of use of communal resources, then the volumes of communal services provided for the billing period for general house needs are determined separately for each time of day or other criterion and the amount of payment for each of these volumes of utility services are distributed among consumers in accordance with the first paragraph of this paragraph. In other cases, the volume of utility services provided for the billing period for general house needs is determined and distributed among consumers in an apartment building without taking into account the differentiation of this volume by time of day or according to other criteria reflecting the degree of use of communal resources, unless otherwise established by an agreement containing provisions on the provision of public services.

(see text in previous edition)

45. If the volume of the utility service provided for the billing period for general house needs is zero, then the payment for the corresponding type of utility service provided for general house needs, determined in accordance with paragraph 44 of these Rules, is not charged to consumers for such a billing period.

(see text in previous edition)

46. ​​Payment for the corresponding type of utility service provided for the billing period for general house needs, determined in accordance with paragraph 44 of these Rules, is not charged to consumers if, when calculating the volume of the utility service provided for the billing period for general house needs, it is established that the volume the communal resource, determined on the basis of the readings of the collective (common house) meter for this billing period, is less than the sum of the volumes of the corresponding type of utility service determined in accordance with paragraphs 42 and these Rules, provided for this billing period to consumers in all residential and non-residential premises, and determined in accordance with clause 54 of these Rules, the volumes of the corresponding type of communal resource used by the contractor for this billing period in the independent production of utility services for heating and (or) hot water supply.

(see text in previous edition)

(see text in previous edition)

48. In the absence of a collective (general house) metering device, the amount of payment for a utility service (with the exception of a utility service for heating) provided for general house needs in an apartment building in the cases specified in paragraph 40 of these Rules is determined in accordance with formula 10 of Appendix No. 2 to these Rules. At the same time, the volume of the communal resource consumed in the maintenance of common property in an apartment building per residential (non-residential) premises is determined in accordance with formula 15 of Appendix No. 2 to these Rules.

(see text in previous edition)

49. If the household is not equipped with an individual metering device of the corresponding type of communal resource, then the consumer, in addition to the payment for the utility service provided in the residential premises calculated in accordance with paragraph 42 of these Rules, pays for the utility service provided to him when using the land plot and located on it outbuildings.

The amount of payment for the utility service provided to the consumer when using the land plot and outbuildings located on it is calculated in accordance with formula 22 of Appendix No. 2 to these Rules based on the standards for the consumption of utility services when using the land plot and outbuildings located on it.

The calculation of the amount of payment for the utility service provided to the consumer when using the land plot and the outbuildings located on it is carried out starting from:

from the date specified in the contract containing the provisions on the provision of public services, or in the consumer's application submitted to the contractor in accordance with subparagraph "k" of paragraph 34 of these Rules, on the start of consumption of the public services provided by the contractor when using the land plot and outbuildings located on it if the consumer does not have an individual meter;

from the date specified in the act on revealing the fact that the consumer does not have an individual metering device and on the consumption of the utility service provided by the contractor when using the land plot and outbuildings located on it. Such an act is drawn up by the contractor in the presence of the consumer and at least 2 disinterested persons. The contractor is obliged to indicate in the act being drawn up the objections of the consumer and is not entitled to prevent the consumer from involving other uninterested persons in the audit, information about which, if they are involved by the consumer, should also be included in the act drawn up by the contractor.

50. The calculation of the amount of payment for a utility service provided to a consumer living in a room (rooms) in a residential building that is a communal apartment (hereinafter referred to as a communal apartment) is carried out in accordance with formulas 7, , , , and Appendix No. 2 to these Rules, and in the case of establishing two-component tariffs for hot water - in accordance with formulas 25 - Appendix No. 2 to these Rules.

(see text in previous edition)

If a communal apartment is equipped with a common (apartment) electrical energy meter and at the same time all rooms in a communal apartment are equipped with room electrical energy meters, then the amount of payment for the utility service for electricity provided to the consumer in a room in a communal apartment is determined in accordance with formula 9 Annex No. 2 to these Rules.

If a communal apartment is equipped with a common (apartment) electrical energy meter and not all rooms in the communal apartment are equipped with room electrical energy meters, then the calculation of the amount of payment for a utility service for electricity provided to a consumer living in a room (rooms) equipped with a room electrical energy metering device is carried out based on the readings of the room metering device and the agreement reached between all consumers in a communal apartment on the procedure for determining the volume (quantity) of electrical energy consumed in premises that are the common property of the owners of rooms in a communal apartment, and on its distribution among all consumers in a communal apartment.

The specified agreement must be drawn up in writing, signed by the consumers of the communal apartment or their authorized representatives and transferred to the contractor. The contractor in this case calculates the payment for the utility service for electricity supply provided to consumers in a communal apartment in accordance with the agreement received from them, starting from the month following the month in which such an agreement was transferred to the contractor.

In the absence of this agreement, the calculation of the payment for the utility service for electricity supply is carried out in accordance with formula 7 of Appendix No. 2 to these Rules, without taking into account the readings of indoor electricity meters.

51. The calculation of the amount of payment for utilities provided to consumers in residential premises in dormitories of corridor, hotel and sectional type (with the presence of shared kitchens, toilets or shower blocks on the floors) is made in the manner established for calculating the amount of payment for utilities for consumers living in a communal apartment.

52. The calculation of the amount of payment for utilities provided to consumers in residential premises in apartment-type dormitories is carried out in the manner established for calculating the amount of payment for utilities for consumers living in residential premises in an apartment building.

(see text in previous edition)

54. In the case of independent production by the contractor of the utility service for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply) using equipment that is part of the common property of the owners of premises in an apartment building, calculating the amount of payment for consumers for such a utility service is provided by the contractor based on the volume of the utility resource (or resources) used during the billing period in the production of the utility service for heating and (or) hot water supply (hereinafter referred to as the utility resource used in the production), and the tariff (price) for the utility resource used in the production production utility resource.

(see text in previous edition)

The volume of the communal resource used in the production is determined according to the readings of the metering device that fixes the volume of such a communal resource, and in its absence - in proportion to the costs of such a communal resource for the production of thermal energy used for the provision of a communal heating service and (or) for the provision of a communal service for hot water supply.

(see text in previous edition)

At the same time, the total volume (quantity) of thermal energy produced by the contractor for the billing period, used for the purpose of providing utility services for heating and (or) for the purpose of providing utility services for hot water supply, is determined according to the readings of metering devices installed on the equipment, using which the contractor a utility service for heating and (or) hot water supply was produced, and in the absence of such metering devices - as the sum of the volumes (quantity) of thermal energy used for the purpose of providing a utility service for heating and (or) for the purpose of providing a utility service for hot water supply, determined by the indications of individual and common (apartment) heat energy meters, which are equipped with residential and non-residential premises of consumers, the volumes (amount) of consumption of thermal energy used for the provision of public services for heating and (or) the provision of public services for hot water supply, determined in the manner established by these Rules for consumers whose residential and non-residential premises are not equipped with such metering devices, and the volume (quantity) of consumption of thermal energy used to provide public services for hot water supply for general house needs, determined based on the standards for hot water consumption in for the maintenance of common property in an apartment building and the norms for the consumption of thermal energy used to heat water for hot water supply. The volume (quantity) of thermal energy consumed during the billing period for the heating needs of an apartment building or residential building is determined taking into account the provisions of paragraph 42 (1) of these Rules.

(see text in previous edition)

When determining the amount of the consumer's payment for the utility service for heating (in the absence of district heating) the volume of the communal resource used in the production is distributed among all residential and non-residential premises in an apartment building in proportion to the size of the total area owned (in use) by each consumer of residential or non-residential premises in an apartment building in accordance with formula 18 of Appendix No. 2 to these Rules.

The amount of the consumer's payment for the utility service for hot water supply (in the absence of centralized hot water supply) is determined in accordance with formulas 20 and Appendix No. 2 to these Rules as the sum of 2 components:

(see text in previous edition)

the product of the volume of hot water consumed by the consumer, prepared by the contractor, and the tariff for cold water;

the product of the volume (quantity) of the communal resource used to heat cold water in order to provide public services for hot water supply, and the tariff (price) for the communal resource. At the same time, the volume (quantity) of the communal resource is determined based on specific consumption a communal resource used for heating cold water in order to provide public services for hot water supply, in an amount equal to the volume of hot water consumed during the billing period in a residential or non-residential premises and for general house needs.

(see text in previous edition)

The payment for a utility service for heating and (or) hot water supply made by the contractor using equipment that is part of the common property of the owners of premises in an apartment building does not include the costs of maintaining and repairing such equipment. The cost of maintaining and repairing such equipment shall be included in the payment for the maintenance of the dwelling.

(see text in previous edition)

The amount of the consumer's payment for the heating utility service (in the absence of centralized heat supply) if there is a heat energy meter in the apartment building installed on equipment that is part of the common property in the apartment building, using which the heating utility service was provided, as well as individual (apartment) metering devices in all residential and non-residential premises of an apartment building is determined for the billing period in proportion to the amount of heat energy determined in accordance with formula 18 (1) of Appendix No. 2 to these Rules, and if the payment method for heating utilities is selected uniformly during the calendar year, once a year is adjusted in accordance with formula 18(3) of Appendix No. 2 to these Rules.

55. In the absence of a centralized hot water supply and the use of heating equipment installed in a residential area to meet the demand for hot water supply, no payment for a utility service for hot water supply is charged.

In this case, the volume of cold water, as well as electrical energy, gas, thermal energy used to heat cold water, is paid by the consumer as part of the payment for utility services for cold water supply, electricity supply, gas supply and heat supply.

In the absence of an individual or common (apartment) meter for cold water, electricity, gas and thermal energy used to heat cold water, the volume of consumption of such utilities is determined based on the consumption standards for utilities established for consumers living in residential premises in the absence of centralized hot water supply.

56. If temporarily living consumers use a dwelling that is not equipped with an individual and (or) common (apartment) metering device for hot water, and (or) cold water, and (or) electric energy, then the amount of payment for the corresponding type of utility service, provided in such residential premises is calculated in accordance with these Rules based on the number of permanently and temporarily residing consumers in the residential premises. At the same time, in order to calculate the payment for the corresponding type of utility service, the consumer is considered to be temporarily residing in a residential area if he actually lives in this residential area for more than 5 days in a row.

56(1). If the dwelling is not equipped with an individual or common (apartment) meter for cold water, hot water, electricity and gas and the contractor has information about consumers temporarily residing in the dwelling who are not registered in this premises at a permanent (temporary) place of residence or place of stay, the contractor has the right to draw up an act on the establishment of the number of citizens temporarily residing in residential premises. The specified act is signed by the executor and the consumer, and if the consumer refuses to sign the act, by the executor and at least 2 consumers and a member of the council of an apartment building in which a partnership or cooperative is not established, by the chairman of the partnership or cooperative, if the management of the apartment building is carried out by a partnership or cooperative and the management body of such a partnership or cooperative has entered into a management agreement with the managing organization.

(see text in previous edition)

This act shall indicate the date and time of its compilation, last name, first name and patronymic of the owner of the residential premises (permanently resident consumer), address, place of residence, information on the number of temporarily resident consumers, and also, if it is possible to determine the date of the beginning of their residence and subject to the signing of the act by the owner of the residential premises (permanently resident consumer), the date of the beginning of their residence is indicated. In the event that the owner of the residential premises (permanently resident consumer) refuses to sign the act or the owner of the residential premises (permanently resident consumer) is absent from the residential premises at the time of drawing up the act, a corresponding note is made in this act. The contractor is obliged to transfer 1 copy of the act to the owner of the residential premises (permanently resident consumer), and in case of refusal to receive such an act, a note is made.

(see text in previous edition)

The specified act is sent by the executor to the internal affairs bodies within 3 days from the date of its preparation.

(see text in previous edition)

56(2). In the absence of citizens permanently and temporarily residing in residential premises, the volume of public services is calculated taking into account the number of owners of such premises.

57. The amount of payment for the corresponding type of utility service provided to temporarily resident consumers is calculated by the contractor in proportion to the number of days lived by such consumers and is paid by the permanently resident consumer. The calculation of the amount of payment for the corresponding type of utility service provided to temporarily resident consumers is terminated from the day following the day:

a) putting into operation an individual and (or) common (apartment) metering device for hot water, cold water and (or) electric energy, designed to account for the consumption of such (such) communal resources in a dwelling used by temporarily living consumers;

B) the end of the period of residence of such consumers in the residential premises, which is indicated in the application of the owner or permanently resident consumer on the use of residential premises by temporarily resident consumers, but not earlier than the date of receipt of such an application by the contractor.

57(1). The date of commencement of residence of temporary residents in residential premises for use in calculating utility bills and, if necessary, recalculations for past periods is indicated in the application of the owner (permanently resident consumer) on the use of residential premises by temporarily resident consumers. In the absence of such an application or in the absence in such an application of the date of commencement of residence of temporarily residing persons in residential premises, such a date shall be considered the 1st day of the month of the date of drawing up the act on establishing the number of citizens temporarily residing in residential premises. The specified act is drawn up in the manner prescribed by paragraph 56(1) of these Rules.

(see text in previous edition)

In the application of the owner or permanently resident consumer on the use of residential premises by temporarily resident consumers, the last name, first name and patronymic of the owner or permanently resident consumer, address, place of his residence, information on the number of temporarily resident consumers, on the dates of the beginning and end of residence of such consumers in residential area. Such an application is sent to the contractor by the owner or permanently resident consumer within 3 working days from the date of arrival of temporarily resident consumers.

58. The number of consumers temporarily residing in the residential premises is determined on the basis of the application specified in subparagraph "b" of paragraph 57 of these Rules, and (or) on the basis of an act drawn up by the contractor in accordance with paragraph 56 (1) of these Rules on establishing the number of citizens, temporarily living in a residential area.

(see text in previous edition)

59. The payment for a utility service provided to a consumer in a residential or non-residential premises for the billing period is determined based on the calculated average monthly volume of consumption of the utility resource by the consumer, determined according to the readings of an individual or common (apartment) meter for a period of at least 6 months (for heating - based on the average monthly volume of consumption for the heating period in cases where, in accordance with paragraph 42(1) of these Rules, the readings of an individual or common (apartment) meter are used to determine the amount of heating payment), and if the period of operation of the meter was less than 6 months , - then for the actual period of operation of the meter, but not less than 3 months (for heating - not less than 3 months of the heating period in cases where, in accordance with paragraph 42 (1) of these Rules, when determining the amount of heating payment, indications of individual or general (apartment) metering device), in the following cases and for the specified billing periods:

(see text in previous edition)

A) in the event of failure or loss of an individual, general (apartment), room metering device previously put into operation or the expiration of its service life, determined by the period of time before the next verification, - starting from the date when the indicated events occurred, and if the date is set impossible, then starting from the settlement period in which the indicated events occurred, until the date when the accounting of the communal resource was resumed by putting into operation the corresponding established requirements individual, common (apartment), room metering device, but not more than 3 consecutive billing periods for residential premises and no more than 2 consecutive billing periods for non-residential premises;

B) if the consumer fails to provide readings of an individual, general (apartment), room meter for the billing period within the time limits established by these Rules, or by an agreement containing provisions on the provision of public services, or by a decision of the general meeting of owners of premises in an apartment building, - starting from the billing period for which the consumer did not submit meter readings up to the billing period (inclusive) for which the consumer provided the executor with meter readings, but not more than 3 billing periods in a row;

(see text in previous edition)

ConsultantPlus: note.

Norm pp. "e" of paragraph 85, referred to in the paragraph below, corresponds to the norm of paragraphs. "e" of paragraph 85 as amended by the Government Decree of December 26, 2016 N 1498.

C) in the case specified in subparagraph "d" of paragraph 85 of these Rules - starting from the date when the contractor drew up an act on refusal of admission to the metering device, distributors, until the date of the inspection in accordance with subparagraph "f" of paragraph 85 of these Rules, but not more than 3 billing periods in a row.

(see text in previous edition)

59(1). The payment for the utility service provided for general house needs for the billing period, taking into account the provisions of paragraph 44 of these Rules, as well as the payment for the heating utility service, are determined based on the calculated average monthly volume of consumption of the communal resource, determined according to the readings of the collective (common house) meter for the period not less than 6 months (for heating - based on the average monthly consumption for the heating period), and if the period of operation of the meter was less than 6 months, then for the actual period of operation of the meter, but not less than 3 months (for heating - at least 3 months heating period) - starting from the date when the collective (general house) metering device that was previously put into operation failed or was lost or its service life expired, and if the date cannot be determined, then starting from the billing period in which the indicated events occurred, until the date when the metering of the communal resource was resumed by putting into operation a collective (common house) meter that meets the established requirements, but not more than 3 billing periods in a row.

(see text in previous edition)

59(2). If the period of operation of an individual or common (apartment), room meter (with the exception of an individual or common (apartment) heat energy meter) is less than 3 months, in the cases specified in paragraph 59 of these Rules, payment for utilities provided to consumers in residential or non-residential premises for the billing period, is determined based on the consumption standards of the relevant utilities.

If the period of operation of an individual or common (apartment) heat energy meter was less than 3 months of the heating period, in the cases specified in paragraph 59 of these Rules, the payment for the heating utility service provided to consumers in residential or non-residential premises of an apartment building equipped with a collective ( common building) heat energy meter, is determined in accordance with the provisions of paragraphs three - five of paragraph 42 (1) of these Rules.

(see text in previous edition)

60. After the expiration of the maximum number of settlement periods specified in paragraph 59 of these Rules, for which the payment for the utility service is determined according to the data provided for in the specified paragraph, the payment for the utility service provided to the dwelling is calculated in accordance with paragraph 42 of these Rules in cases provided for in subparagraphs "a" and "c" of paragraph 59 of these Rules, based on the standards for the consumption of utilities using a multiplying factor, the value of which is assumed to be 1.5, and in the cases provided for in subparagraph "b" of paragraph 59 of these Rules, based on utility consumption standards.

After the expiration of the maximum number of settlement periods specified in clause 59 of these Rules, for which the utility service fee is determined according to the data provided for in the specified clause, the fee for the utility service provided to non-residential premises is calculated in accordance with clause 43 of these Rules.

When calculating the payment for a utility service in accordance with this paragraph, differentiation of tariffs by day zones and other criteria is not applied.

(see text in previous edition)

60(1). After the expiration of the maximum number of settlement periods specified in clause 59 (1) of these Rules, for which the payment for the utility service provided for general house needs and the payment for the utility service for heating are determined according to the data provided for in the specified clause, if the owners of premises in an apartment building the house did not provide in accordance with the established procedure the restoration of the working capacity of a failed or replacement of a collective (general house) meter lost earlier and put into operation, as well as the replacement of such a meter after the expiration of its service life, utility bills for the billing period are calculated:

for a utility service provided for general house needs, with the exception of a utility service for heating, in the manner specified in paragraph 48 of these Rules;

(see text in previous edition)

If the consumer is not admitted 2 or more times to the contractor’s residential and (or) non-residential premises occupied by him to check the status of installed and commissioned individual, common (apartment) metering devices, verify the reliability of the information provided on the readings of such metering devices and subject to the execution of an act by the executor on the refusal of admission to the metering device, the readings of such a metering device provided by the consumer are not taken into account when calculating the payment for utilities until the date of signing the act of conducting the specified check. If the consumer does not provide access to the residential premises occupied by him, home ownership to the contractor after the maximum number of settlement periods specified in subparagraph "c" of paragraph 59 of these Rules, for which the payment for the utility service is determined according to the data provided for in the specified paragraph, the amount of payment for utilities is calculated taking into account multiplying coefficients in accordance with the formulas for calculating the amount of payment for utility services of cold water supply, hot water supply, electricity supply, provided for the application of multiplying coefficients, starting from the billing period following the billing period specified in subparagraph "c "Clause 59 of these Rules, before the date of drawing up the inspection report.

(see text in previous edition)

(see text in previous edition)

(see text in previous edition)

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 meter being checked, 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 conducted an inspection, a requirement to pay 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.

(see text in previous edition)

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.

In this case, 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.

62. Upon detection of a connection carried out in violation of the established procedure (hereinafter - unauthorized connection) of the consumer's in-house equipment to the in-house engineering systems the performer is obliged to draw up an act on the detection of unauthorized connection in the manner prescribed by these Rules.

Based on the act of detecting an unauthorized connection, the contractor sends a notification to the consumer about the need to eliminate the unauthorized connection and charges additional fees for the utility service for the consumer, in whose interests such connection was made, for utilities consumed without proper accounting.

In this case, the additional charge of the fee should be made based on the volume of the communal resource, calculated as the product of the capacity of the unauthorized connected equipment (for water supply and sanitation - by the capacity of the pipe) and its round-the-clock operation for the period starting from the date of the unauthorized connection specified in the act on detection of an unauthorized connection, compiled by the contractor with the involvement of the relevant resource supplying organization, and if it is impossible to establish the date of the unauthorized connection, from the date of the previous check by the contractor, but not more than 3 months preceding the month in which such a connection was detected, until the date of elimination by the contractor such an unauthorized connection. If it is impossible to determine the power of unauthorized connected equipment, additional charges are charged based on the volume determined on the basis of the consumption standard for the relevant utilities, applying a multiplying factor of 10 to such volume. in these cases, it is calculated taking into account the number of owners of such premises.

The verification of the fact of unauthorized connection of a consumer in a non-residential premises is carried out by the performer in the manner prescribed by these Rules, if the resource-consuming equipment of such a consumer is connected to in-house engineering networks, and an organization authorized to perform these actions by the legislation of the Russian Federation on water supply, sanitation, electricity supply, heat supply, gas supply, in the event that such a connection is made to centralized engineering and technical support networks before being entered into an apartment building and the consumption of a communal resource in such a non-residential premises is not recorded by a collective (common house) metering device.

The volume of communal resources consumed in non-residential premises in case of unauthorized connection is determined by the resource supplying organization by calculation methods provided for by the legislation of the Russian Federation on water supply and sanitation, electricity supply, heat supply, gas supply for cases of unauthorized connection.

(see text in previous edition)

63. Consumers are required to pay utility bills on time.

Payment for utility services is paid by consumers to the contractor or a paying agent acting on his behalf or a bank paying agent.

64. Consumers have the right, in the presence of an agreement containing provisions on the provision of public services, concluded with the contractor in the person managing organization, partnership or cooperative, pay utility bills directly to the resource supply organization that sells the utility resource to the contractor, or through the payment agents or bank payment agents indicated by such resource supply organization in the event that the decision to switch to this method of payment and the date of transition is made general meeting of owners of premises in an apartment building, members of a partnership or cooperative. In this case, the contractor is obliged to provide the resource supplying organization with information about the decision taken no later than 5 working days from the date of adoption of the said decision.

a) pay utility bills in cash, in a non-cash form using accounts opened, including for these purposes, in banks of their choice or by transfer Money without opening a bank account, by postal orders, bank cards, via the Internet and in other forms provided for by the legislation of the Russian Federation, with the obligatory preservation of documents confirming payment for at least 3 years from the date of payment;

b) instruct other persons to pay for utility services instead of them by any means that do not contradict the requirements of the legislation of the Russian Federation and the agreement containing provisions on the provision of utility services;

c) pay utility bills for the last billing period in parts, without violating the deadline for paying utility bills established by these Rules;

D) make advance payments for utility services against future billing periods.

66. Payment for utilities is paid monthly, before the 10th day of the month following the expired billing period for which payment is made, if the contract for managing an apartment building or the decision of the general meeting of members of a homeowners association or cooperative (when providing utility services by a partnership or cooperative ), there is no other deadline for paying utility bills.

(see text in previous edition)

67. Payment for utilities is paid on the basis of payment documents submitted to consumers by the contractor no later than the 1st day of the month following the expired billing period for which payment is made, if the contract for the management of an apartment building or the decision of the general meeting of members of a homeowners association or cooperative ( when providing utility services by a partnership or cooperative) there is no other deadline for submitting payment documents.

b) the name of the performer (indicating the name legal entity or last name, first name and patronymic individual entrepreneur), his bank account number and bank details, address (location), contact phone numbers, fax numbers and (if available) addresses Email, the address of the artist's website on the Internet;

c) an indication of the paid month, the name of each type of paid utility service, the amount of tariffs (prices) for each type of the relevant utility resource, units for measuring the volumes (quantity) of utility resources (when hot water tariffs are used in payments for utility services for hot water supply, consisting of a component for cold water used to provide a public service for hot water supply, and a component for thermal energy used for heating water for the purpose of providing a public service for hot water supply - the value of each of the components, units of measurement of the volume (quantity) of hot water and thermal energy in physical terms);

The payment document indicates information about the regional operator for the treatment of municipal solid waste, in the area of ​​\u200b\u200bactivity of which solid municipal waste is generated by the consumer and there are places (sites) for their accumulation (contact phone numbers, the address of the site on the Internet, which contains, among other things, information on the work schedule of the regional operator for the treatment of municipal solid waste).

70. In the payment document issued to the consumer of utility services in an apartment building (cold water supply, hot water supply, sewerage, electricity supply), in the case established by paragraph one of clause 40 of these Rules, the payment for utilities for general house needs and the payment for utilities provided consumer in a residential or non-residential premises are to be indicated in separate lines.

(see text in previous edition)

72. If the amount of payment for the utility service provided to the consumer in the residential premises accrued to the consumer in accordance with the requirements of this section in any billing period exceeds by more than 25 percent the amount of the utility service charge accrued for the same billing period of the previous year, then the contractor is obliged to provide the consumer with the opportunity to pay for such a utility service in installments on the conditions specified in this paragraph.

The provision of such an opportunity is carried out by including in the payment document provided by the contractor to the consumer, along with the position providing for the payment of utility service fees for the billing period at a time, positions providing for the possibility of payment by the consumer in installments in the amount of one twelfth of the utility fee for the expired ( expired) billing period in which (which) the specified excess occurred, and the amount of interest for using the installment plan, which is payable by the consumer when paying for utility services under this payment document.

When calculating the amount of excess payment for a utility service, the amount of excess arising as a result of an increase in the number of permanently and temporarily resident consumers in a residential building is not taken into account.

The installment plan is provided on the terms of payment for utility services in equal installments within 12 months, including the month from which the installment plan is granted, and the collection of interest for the provided installment plan, the amount of which cannot be higher than the refinancing rate of the Central Bank of the Russian Federation increased by 3 percent. Federation in force on the day the installment is granted. Interest for the provided installment plan is not accrued or is accrued in a smaller amount if at the expense of the budget (budgets) of various levels budget system In the Russian Federation, the contractor is provided with compensation (reimbursement) of funds not received in the form of interest for the provision of installments.

73. The consumer who has received from the contractor the payment document specified in paragraph 72 of these Rules has the right to pay the fee on the terms of the provided installment plan or refuse to pay the fee in installments and pay the fee in a lump sum or use the provided installment plan, but in the future to pay the balance of the fee ahead of schedule at any time within the established installment period, in which case the consent of the contractor for early payment of the balance of the fee is not required.

74. The contractor, who provided the installment plan to the consumer who used such an installment plan, has the right to inform about it in writing with supporting documents attached to the resource supply organization with which the contractor concluded an agreement on the acquisition of the corresponding type of communal resource in order to provide public services. Such a resource-supplying organization is obliged to provide the contractor with a similar installment plan on the same terms that the contractor provided to the consumer. Interest for the provided installment plan is not accrued or is accrued in a smaller amount if, at the expense of the budget (budgets) of various levels of the budgetary system of the Russian Federation, the resource supplying organization is provided with appropriate compensation (reimbursement) of funds not received in the form of interest for the provision of installment plan. Part 2 of Article 8 of Federal Law No. 189-FZ of December 29, 2004 "On Enactment of the Housing Code of the Russian Federation").

76. If the consumer is provided with a benefit in the form of a discount on utility bills in accordance with the established procedure, the amount of utility bills is reduced by the amount of the discount. Such a discount is applied to payment for utility services provided to the consumer in a residential building and for common house needs in an apartment building and in a residential building in a household.

(see text in previous edition)

77. If a consumer who, in accordance with the legislation of the Russian Federation, is provided with compensation for the costs of paying for utilities or a subsidy for paying for housing and utilities, or for whom other measures of social support in cash are applied, the amount of payment for utilities shall not be reduced. is due and payable in full. These social support measures are applied to payments for utilities provided to the consumer in a residential building and for common house needs in an apartment building and in a residential building in a household.

Open the full text of the document

Recalculation for utilities occurs on the basis of the adopted legislation. If the owner has metering devices, recalculation occurs automatically upon receipt of information about new data. In the absence of appliances during the temporary absence of the owner and all those living in the apartment, the recalculation is made according to the developed scheme.

What is recalculation

Recalculation is a newly made calculation of the consumer's payment for utilities. If any errors or overlays have occurred, and they are identified, then Management Company or housing and communal services compensate for the overpayment. But most often the recalculation is done, because the owners pay in many cases not according to the actual consumption of any resource, but according to the standard.

What does it mean? If the owner installs metering devices in a house or apartment, this means that now he will pay not according to the standard, but according to the actually consumed water (electricity, gas). But sometimes failures occur, as in the following cases. For example, for heating, payment is always made according to the standard.

The standard is defined as 1/12 of last year's consumption per year. And every month we pay a fixed fee (since last year). At the end of the heating season in those apartment buildings where common house meters are installed, the housing and communal services recalculate and the overpayment is returned to the consumer. There are adjustments in reverse side.

But the most common types of overpayments are private. The situation model is most often this: the owner of the apartment does not send meter readings. This happens both for objective reasons and for subjective ones.

For example, forgetfulness or a family vacation may cause the owner of the apartment to temporarily not transmit data from his meter. In this case, already the next month after the owner of the apartment resumes the transfer of data, he will be recalculated.

Legal acts

The recalculation has a completely legal basis. In 2011, the government of the Russian Federation adopts the well-known Decree number 354. All sections of this legal act are devoted to the rules for the provision of public services to the population.

In 2017, the next changes were adopted and it can be said how recalculations are currently being made. The situation with the change in fees is reflected in paragraph VIII. The name also reflects some features: recalculation in the absence of consumers.

Only the aspect that concerns residential premises without meters is considered here. Everything is clear with the counters, the recalculation will be done automatically when the next data from the metering devices is loaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

Each citizen, owner or tenant of a dwelling, is a consumer according to this document. He and his family consume public resources that provide various organizations or companies. In order to have a basis for a relationship, an agreement is made between the organization and the service consumer.

The guarantor of the relationship between the performer and the consumer is the state and laws. In accordance with Decree No. 354, all citizens have the right to recalculate utility bills. Therefore, in new edition the procedure for recalculation in different situations is described in detail.

What is included in Resolution No. 354

What is included:

• updated coefficients that determine the standards for drainage;
• detailed installation procedure measuring instruments;
• with the help of the Decree, the motive for installing the meter is strengthened;
• a simplified payment scheme for heating was introduced;
• since 2016, it has become optional to provide information from meters;
• in case of temporary absence of electricity or other service, payment for it is not charged;
• order of fulfillment of the above conditions.

A special place is determined by the responsibility of the performer to consumers and laws in the following cases:

• poor quality of services;
• damage to life and health due to poor quality services;
• non-receipt by the consumer of reliable information on the quality of services;
• terms of the agreement are violated.

In case of violation of these conditions, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether the contract was concluded between the contractor and the consumer, the contractor still compensates for the damage in case of poor-quality services.

Here are some points that are considered in the Resolution:

1. The fee for common house needs is not subject to recalculation. This refers to the case when the owner was absent and the premises were temporarily empty.
2. Under the two-tariff regime, changing the payment is possible only in relation to the variable component. With regard to the constant component, the following condition has been introduced: if its recalculation is established by law, then after the temporary absence of a citizen, it is made within 5 working days. Days of absence are considered all except the day of departure and arrival.
3. The recalculation is made only in case of submitting an application and providing documents that confirm the duration of the absence. The request is made before departure or no more than a month after arrival.

The following documents are accepted as proof of absence:

• a copy of the travel certificate with the attachment of travel documents;
• document on treatment in a hospital or sanatorium;
• travel tickets issued in the name of the consumer, as well as the fact of their use;
• bills for staying in a hotel, rented apartment, hostel;
• a document issued by the FMS on temporary registration;
• other documents that can confirm the fact of the absence of the consumer.

The main advantage of this document is its transparency and simplicity of presentation of all requirements. After its revisions, it became much easier for the performer and the consumer to regulate their relationship.