Rules for the provision utilities the content and procedure for concluding a contract for the maintenance of residential buildings, the provision and accounting of public services are regulated in great detail. The main responsibility for activities in this direction lies with the management companies. For each type of utility services, two payments are introduced: for consumption directly inside the apartment and for consumption for general house needs. The composition of measures for the maintenance of common house property includes measures for energy saving, installation and reading of metering devices, as well as the cost of maintaining information systems by accounting. These payments are entered on the payment receipts as a separate line. The resolution determines general order conclusion of an energy service contract in residential buildings with payment for its results separately from payment for utilities.
On May 23, information was published on the approval of the new Rules for the provision of public services. New Rules have been introduced. With the entry into force of the new Rules, the Decree of the Government cancels Decree No. 307 of 23.05.2006 and introduces significant changes in Government Decrees No. 306 of 05.23.2006 and No. 491 of 08.13.2006. The new Rules are not introduced immediately, but 2 months after the introduction of changes in the procedure for establishing and determining the standards for the consumption of utilities in Government Decree No. 306 of 05/23/2006. The Ministry of Regional Development of Russia was instructed to prepare changes to this document within the next three months.
The rules for the provision of public services regulate in great detail the content and procedure for concluding a contract for the maintenance of residential buildings and the provision and accounting of public services. The main responsibility for activities in this direction lies with the management companies. In terms of concluding contracts, the Decree quite strictly establishes the condition for the content of contracts: if the consumer has entered into an agreement with a management company that does not comply with the terms of the new Rules, then the provisions of Government Decree No. 354 of 05/06/2011 are considered to be the current norm.
For each type of utility services, two payments are introduced: for consumption directly inside the apartment and for consumption for general house needs. At the same time, a standard for the consumption of utilities for general house needs in an apartment building is introduced. This will streamline the calculations in the case when there is no collective metering device.
The responsibility of the non-payer has been tightened. Now the restriction of the provision of public services may occur not in 6 months, as it is now, but in 3 months.
Consumers are given the opportunity to conclude direct contracts with resource-supplying organizations for the provision of public services.
The algorithms for paying for utilities have been completely revised, both in the presence of metering devices and in their absence. The norm was excluded when at the end of the year the entire annual imbalance of consumption in an apartment building was distributed to consumers who have individual metering devices installed.
The actual operator of taking meter readings and the organizer of their operation becomes Management Company. Also, the management company becomes an intermediary in fixing the facts of a violation of the quality of public services provided.
Measures for the maintenance of common house property include measures for energy saving, installation and reading of meter readings, as well as the costs of maintaining accounting information systems. These payments are entered on the payment receipts as a separate line.
The Decree defines the general procedure for concluding an energy service contract in residential buildings with payment for its results separately from payment for utilities. The very form of the energy service contract should be developed within the next 5 months by the Ministry of Regional Development and the Ministry of Economic Development.
Posted on the official website of the Ministry of Regional Development of Russia
ANSWERS TO QUESTIONS ON THE APPLICATION OF THE RULES FOR THE PROVISION OF PUBLIC SERVICES APPROVED BY THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION OF 06.05.2011 N 354
ANSWERS TO QUESTIONS ON THE APPLICATION OF THE RULES FOR THE PROVISION OF PUBLIC SERVICES,
APPROVED BY THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION OF 06.05.2011 N 354
DETERMINATION OF THE SIZE OF THE PAYMENT WITH THE APPLICATION OF STANDARDS FOR THE CONSUMPTION OF PUBLIC SERVICES
Question
Given that the number of consumers will be determined on the basis of citizens actually permanently and temporarily residing in a residential building, can the contractor make the calculation based on the data he has on the number of registered, or only be guided by the information provided by the consumer himself? And if such information is not provided or does not coincide with the number of registered ones (it will be less), what actions of the performer will be lawful?
Answer
The contractor determines the amount of payment for utilities based on the number of registered citizens and is obliged to recalculate only if the consumer provides documents confirming his temporary absence from the residential premises.
As for citizens temporarily residing and not registered in the residential premises, information about them is provided by the consumer himself to the contractor.
Question
There is no individual water meter in an apartment or residential building. The actual number of residents without registration exceeds the number of those registered. Who is authorized to record the actual number of residents for accrual according to the standards?
Answer
By this issue there are no norms in Rules N 354.
As practice shows, Managing organizations, unilaterally or with the involvement of citizens living in this MKD, draw up acts on living in the living quarters of citizens, on the basis of which they begin to charge utility bills based on the established number of residents.
However, if the owner of such a dwelling applies to the court with a statement about the illegality of the accruals, the courts do not in all cases evaluate the acts of residence drawn up by the managing organization as sufficient evidence of the fact of residence of citizens.
In our opinion, when drawing up such acts of the MA, it is advisable to involve the district police commissioner, since this is exactly what executive authorized under the Code of Administrative Offenses of the Russian Federation to draw up protocols on administrative offenses for accommodation at the place of stay without registration.
Based on the check conducted by the district police officer, it becomes possible to establish the personal data of living citizens and subsequently involve them in the trial as witnesses or 3 persons.
In addition, the relevant verification materials may be attached to the case as evidence.
Question
The owners of the apartment are not registered, the tenants actually live in the apartment. How to calculate the payment for cold water supply in the absence of ISP and OPU?
Answer
In this case, it is possible to apply the norm of part 11 of article 155 of the RF LC that the owner’s non-use of the premises (due to the lack of his residence permit) does not exempt such an owner from paying utility bills and charge fees according to consumption standards for the number of owners, guided by and the norm of part 2 of article 153 of the RF Housing Code on the obligation for the owner to pay utility bills from the moment the right of ownership of the premises arises. Or it is possible to establish by a management contract the procedure for activating the facts of consumers' residence in residential premises with the subsequent presentation of such an act and invoices for payment to the owner of the corresponding premises. However, the owner's refusal to pay utility bills based on the number of tenants living with him who are not declared by him as residents will not allow the managing organization to receive the appropriate payment.
Question
If the owner is not registered in the apartment, are accruals made on him?
Answer
In accordance with part 2 of article 153 of the LC RF, the owner is obliged to pay utility bills from the moment of acquiring ownership. In accordance with part 11 of article 155 of the LC RF, non-use of the premises is not a basis for non-payment of utility bills. In case of temporary absence of consumers, the amount of the fee determined on the basis of the consumption norm is recalculated for the period of temporary absence. We believe that when using part 11 of article 155 of the RF LC, it is possible to charge a fee to the owner of the premises in the absence of a statement about the temporary absence of consumers in the corresponding premises.
Question
If the apartment is not owned by one owner, but by 1/2, 1/3, etc. then accruals according to the standards are made for each owner of the apartment?
Answer
Yes, utility bills are determined according to the number of owners (considered to be living before the submission of an application for temporary absence - in accordance with part 11 of article 155 of the RF LC), regardless of the share of each owner in the common shared ownership of the dwelling.
Question
The owner gives notice of his absence within five years. We do not charge services to him, and three other people live in his apartment for all five years (for example, he rents an apartment without notice). How to be in such a situation with accruals?
Answer
In this situation, it is necessary to identify and record the facts of citizens' residence in residential premises and make charges based on the number of citizens living and the established period of their residence. We recommend that the facts of residence of citizens be recorded with the participation of the district authorized police officer, since it is this official who, in accordance with the Code of Administrative Offenses of the Russian Federation, is authorized to consider cases of residence of citizens without registration.
Question
How to make accruals for utilities if unregistered citizens live in the apartment and the owner of the premises does not register them?
Answer
The amount of the fee is calculated based on the number of registered citizens until the fact of residence of other citizens is established and recorded in order to verify compliance with the requirements of administrative legislation on the registration of citizens, or by the managing organization independently with the involvement of other persons.
Question
How to force the owner to send an application to the MA about the presence of unregistered residents living in his apartment. What sanctions can be applied to them? Can a court order them?
Answer
The court cannot oblige the owner to send such a statement.
The sanction that can be applied to the owner is compensation for damages.
The way to protect the right of the managing organization in this case is the claim for compensation for losses caused by the inaction of the owner, who did not report about the residents. The fact of inaction is obliged to prove the managing organization.
Question
If a subject of the Russian Federation has established consumption standards with their entry into force on 01/01/2013, do we have the right to charge according to the old standards?
Answer
Before 01/01/2013 - yes, after - no. At the same time, during the period of application of the old standards for the consumption of utilities, the amount of payment for utilities is subject to determination using the calculation formulas specified in Rules N 354, except for the case when Rules N 307 are applied for heating payments in accordance with Decree of the Government of the Russian Federation N 857.
Question
How to calculate payment for utilities to managing organizations if the subject of the Russian Federation has not accepted no regulations
? We don't have old standards or new ones!
Answer
The new norms for the consumption of public services are understood as the norms adopted by the constituent entity of the Russian Federation with the introduction of them into force after 1.09.2012. and established in accordance with Rules N 306 as amended by Decree of the Government of the Russian Federation of March 28, 2012 No. N 258 "On Amendments to the Rules for Establishing and Defining Standards for the Consumption of Utilities". The old standards mean the standards that were in effect for calculating utility bills before 1.09.12, incl. previously approved by the local government in the period up to 27.07.2010. If, on the territory of the municipality, the standards for the consumption of utilities that were previously approved by the CHI were canceled, then the consumption standards that were in effect before the approval of the canceled ones are most likely to be applied. For these purposes, it is necessary to look at the wording of the canceled normative legal acts of compulsory medical insurance. In the period before the entry into force of the new standards for the consumption of utilities after 1.09.2012. when determining payment for utilities, those standards for the consumption of utilities that were used in settlements with consumers of utilities during the period of validity of Rules N 307, i.e. up to September 1, 2012
Question
How will the payment for CU (specifically for electricity supply) be charged in a communal apartment in the absence of an apartment meter?
Answer
According to clause 50 of Rules N 354, the calculation of the amount of payment for a utility service provided to a consumer living in a room (rooms) in a communal apartment is carried out in accordance with formulas 7, 16 and 19 of Appendix N 2 to the Rules. In accordance with the procedure established by Rules N 354 (the indicated formulas), the readings of room metering devices in a communal apartment that is not equipped with apartment metering devices are not taken into account when calculating the amount of payment for electricity supply services. For such accounting, it is necessary to equip the apartment with an apartment metering device.
Question
How is the calculation of the amount of payment for utilities carried out in the cases provided for by the Rules in the absence of those approved by the authorities? state power subjects of the Russian Federation of standards for the consumption of utilities in relation to households?
Answer
Fee for utilities consumed while using land plot and outbuildings, is determined according to the current standards for the consumption of utilities, if any. In the absence of such standards, the volume of consumption of the relevant utilities is determined by calculation.
DETERMINING THE AMOUNT OF THE PAYMENT IN THE PRESENCE OF IPU
Question
As in the case of transferring evidence by telephone, identify the subscriber. After all, mistakes, forgeries are possible, how then to prove that the organization did not invent these testimonies? When transmitting by e-mail, the Subscriber himself in the application indicates his mailing address and all messages coming from the specified mailbox are accepted unconditionally, as a written trace remains. With oral transmission, nothing remains.
Answer
When accepting meter readings, it is recommended to set a code, password, etc. for each personal account, allowing the payer to be identified.
Question
According to the period of taking the testimony of the IPU. Rules N 354 determine the deadline for submitting IPU testimony from the 23rd to the 25th (no later than the 26th). It is very problematic to obtain OSS decisions on changing these terms in a short time. Question: if citizens submitted testimonies to the IPU, for example, on the 29th (or on any other day), do we have the right to take into account these testimonies or consider these testimonies not submitted within the period established by Rules N 354 and calculate the average monthly expense?
Answer
According to paragraphs. c) clause 34 of Rules N 354, the consumer is obliged:
- take readings of the IPU in the period from the 23rd to the 25th day of the current month;
- transfer the received testimony to the contractor or a person authorized by him no later than the 26th day of the current month, (except when, in accordance with the Rules, an agreement containing provisions on the provision of public services, and (or) decisions of the general meeting of owners of premises in an apartment building, actions on taking readings of such metering devices, the performer (a person authorized by him) or another organization is obliged to perform.
Thus, the term for the acceptance by the executor of the IPU testimony is from the 23rd to the 26th, inclusive. If the consumer has not fulfilled these obligations within the specified period, the amount of the fee is calculated based on the average monthly volume of consumption in the manner prescribed by clause 59 of Rules N 354.
At the same time, we believe that the readings of metering devices provided after the 26th day of the billing month can be used by the contractor to calculate the payment for utilities for the corresponding month, if this does not violate the deadline for submitting a payment document to consumers established by an agreement with the utility services contractor containing the conditions for providing utilities.
Question
How to determine which billing period Are meter readings taken if consumers transmit these readings by phone or via the Internet?
Answer
Consumers are required to take readings of the IPU in the period from the 23rd to the 25th day of the current month and transfer the received readings to the contractor or a person authorized by him no later than the 26th day of the current month (clause 34 of Rules N 354). If the consumer did not submit the IPU readings to the contractor on time, then the amount of the fee is determined based on the average monthly volume of consumption (clause 59 of Rules N 354). Based on the deadlines established by the Rules, all information about the testimony of the IPU received during the specified period is accepted by the contractor for calculating the amount of the fee for the billing period in which in a timely manner testimonies were transferred, and in case of a long non-submission of testimonies by the IPU - for the settlement periods determined between the dates timely presentation of IPU readings.
Question
How to determine for what period and in what period the readings of the IPU were taken if they were transferred out of time?
Answer
There is no need to establish which indications refer to which period, since in case of late submission of IPU readings in accordance with clause 59 of Rules N 354, the volume of utility service consumption in the billing month is assumed to be equal to the average monthly volume (if the readings are not provided for more than 3 months - according to consumption standards) . In the month of the timely submission of IPI readings, the volume is determined based on the submitted IPI readings minus the amount billed for payment for previous months for which IPU readings were not provided or were not provided on time.
Question
Is it possible for consumers to take and transmit readings of individual or room metering devices at times other than those specified in paragraphs. "c" clause 34 of Rules N 354?
Answer
Possibility of withdrawal and transfer consumers indications of an individual, general (apartment) or room metering device at a time different from the time specified in paragraphs. "c" clause 34 of Rules N 354 is absent.
Question
On the possibility of taking readings of an individual, general (apartment) or room metering device at other times, except from the 23rd to the 25th day of the current month.
Answer
In pp. “c” clause 34 of Rules N 354 contains a provision that the consumer is obliged, in the presence of an individual, general (apartment) or room meter, to take his readings monthly from the 23rd to the 25th of the current month and transfer the received readings to the contractor or a person authorized by him no later than the 26th day of the current month, except in cases where, in accordance with the Rules, the contract, containing provisions on the provision of public services, and (or) decisions of the general meeting of owners of premises in an apartment building, actions to take readings from such metering devices must be performed by the performer (a person authorized by him) or another organization.
In pp. g) of the same Rules states that “The Contractor is obliged: ... In the cases established by these Rules, as well as in cases and terms specified in the contract
containing provisions on the provision of public services,
and (or) by the decision of the owners of premises in an apartment building
,
take readings of individual and common (apartment), room metering devices
, enter the readings received in the register of readings of the indicated metering devices and use them when calculating the amount of payment for utilities for the billing period for which the readings were taken.
The following conclusions can be drawn from the above paragraphs of the Rules:
If the consumer independently takes and transmits the readings of an individual, general (apartment) or room meter, then in this case he is obliged to do this within the time limits established by paragraphs. c) Clause 34 of Rules N 354, i.e. is obliged to monthly take his testimony in the period from the 23rd to the 25th day of the current month and transfer the received testimony to the executor or a person authorized by him no later than the 26th day of the current month. The specified terms established by the Rules, in our opinion, cannot be changed.
If actions to take readings of individual and common (apartment), room metering devices are required to be performed by the performer (a person authorized by him) or another organization (if such an obligation is assigned to the indicated persons by an agreement containing provisions on the provision of public services, and (or) decisions of the general meeting owners of premises in an apartment building), then the terms and cases of taking readings of the indicated metering devices by the contractor (authorized person) or other organization are established by the relevant agreement or decision of the general meeting of owners of premises.
Question
Is it possible to take into account the readings of the IPU not in the month in which it was put into operation, but from the 1st day of the next month?
Answer
The obligations of the contractor and the consumer to take into account the readings of the IPU from the 1st day of the month following the month in which the IPU was put into operation are established in paragraphs. "y" p.31 and in paragraphs. "and" clause 33 of Rules N 354.
Question
How to apply clause 31 "y", clause 33 "and" and clause 81 paragraph 3 of Rules N 354 with a discrepancy in these paragraphs?
Answer
In our opinion, the provisions of clause 31 “y” and clause 33 “i” should be applied, since they correspond to the procedure for starting calculations based on the readings of newly installed metering devices, based on the provisions of Law N 261-FZ. Discrepancies in these paragraphs are planned to be eliminated by amending the Rules. However, according to such changes previously posted on the website of the Ministry of Regional Development, it is planned to bring the provisions of paragraph 31 "y" and paragraph 33 "and" in accordance with paragraph 81 of Rules N 354.
DETERMINING THE FEES FOR DHW SERVICES WITH OPEN DHW SYSTEM AND AUTONOMOUS DHW SYSTEM
Question
If the cold water and heat supply networks are centralized, can it be considered that the hot water heated in the house is supplied through the centralized ITO networks?
Answer
The current legislation does not contain the concept of centralized IT networks. In accordance with Laws N 190-FZ and N 416-FZ, the concepts of "centralized heat supply system" and "centralized hot water supply system" are given.
Centralized hot water supply refers to the supply of MKD hot water using the municipal infrastructure systems of the settlement, which does not include the equipment of an apartment building involved in the preparation of hot water. Since hot water is prepared inside the house, and only cold water is supplied to the house and thermal energy(resources), then it cannot be considered that the house is connected to the centralized hot water supply networks of the municipal infrastructure of the city.
Question
Is there a regulation for hot water?
Answer
Rules N 306 established the procedure for determining the gas consumption standard for water heating. The standard for the consumption of thermal energy for heating water is not provided for by Rules N306.
Question
How is the amount of heat energy for heating and hot water supply during the heating period determined in houses with an individual heat point with a thermal energy control unit - common for heating and hot water supply?
Answer
The volume (quantity) of thermal energy used in the production of utility services for hot water supply (heating water) during the heating period, in the presence of a meter that records the total amount of thermal energy used in the production of utility services for heating and hot water supply, is determined by the formula:
Where:
The volume (amount) of thermal energy for heating needs (V(T)OT) is determined as the difference between the readings of the thermal energy supply system (V(T)) and the amount of thermal energy for the needs of hot water supply (V(T)DHW):
V (T) FROM \u003d V (T) - V (T) GV
The amount of the fee is calculated according to the formula 18, 20 of Appendix No. 2 to Rules N354.
In the non-heating period, V (T) HW should be recognized as equal to V (T) due to the fact that heating services in accordance with Rules N 354 are provided only during the heating period, while utility bills for general house needs in accordance with clauses 54, 70 Rules N 354 is not separately allocated. In this case, the amount of consumed heat energy according to the indications of the operating cost (including heat losses associated with the circulation of hot water in risers and heated towel rails, independent of the volume of hot water consumption and being technological losses to be accounted for in the volume of services at the ODN) in in accordance with formula 20 of Appendix No. 2 to Rules No. 354, it will be distributed among consumers of premises in proportion to the volume of hot water consumption in the premises, which, in our opinion, does not correspond to the essence of the formation of utilities at ODN (Rules No. 306), as well as the principle of their payment in proportion to the area of \u200b\u200bthe premises.
Question
Please explain the procedure for calculating payment for heating and hot water services in accordance with paragraph 18 of Government Decree N 307, provided that it is not possible to separately account for fuel consumption for heating and hot water supply (ITP)?
Answer
The volume (quantity) of thermal energy used in the production of utility services for hot water supply (water heating), in the presence of a meter that records the total amount of thermal energy used in the production of utility services for heating and hot water supply, is determined by the formula:
Where:
- the volume (quantity) of hot water determined for the billing period in the i-th residential premises (apartment) or non-residential premises in an apartment building;
- water density, taken equal to 1000 (kg / m3);
- heat capacity of water, equal to 1 kcal / (kg H (o) C);
- temperature of hot water at the tapping point, which meets the requirements for the quality of utilities, for the billing period (°C). In the absence of actual data, it is assumed to be 60°C;
- average temperature initial cold water: in the non-heating period 15°C, in the heating period it is assumed to be 5°C (°C).
The volume (amount) of thermal energy for heating needs (V(T)OT) is determined as the difference between the readings of the thermal energy supply system (V(T)) and the amount of thermal energy for the needs of hot water supply (V(T)DHW):
V (T) FROM \u003d V (T) - V (T) GV
The fee is charged:
for heating services - according to the formula 7.8 of Appendix No. 2 PNavil No. 307;
for hot water services - according to formula 20 of Appendix No. 2 to Rules No. 354.
In the non-heating period, V (T) HW should be recognized as equal to V (T) due to the fact that heating services in accordance with Rules No. 307 are provided only during the heating period, and Rules No. 307 do not provide for payment for utility services consumed on one heating unit. At the same time, payment for utilities for general house needs in accordance with clauses 54, 70 of Rules N 354 is also not allocated separately. In this case, the amount of consumed heat energy according to the indications of the operating cost (including heat losses associated with the circulation of hot water in risers and heated towel rails, independent of the volume of hot water consumption and being technological losses to be accounted for in the volume of services at the ODN) in in accordance with formula 20 of Appendix No. 2 to Rules No. 354, it will be distributed among consumers of premises in proportion to the volume of hot water consumption in the premises.
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ABOUT THE PROVISION OF PUBLIC SERVICES
TO OWNERS AND USERS OF PREMISES IN MULTI-APARTMENT
HOUSES AND APARTMENTS
Current version from 09/09/2017
List of changing documents
(as amended by Decrees of the Government of the Russian Federation of 04.05.2012 N 442,
No. 857 of 27.08.2012, No. 344 of 16.04.2013, No. 410 of 14.05.2013,
dated 22.07.2013 N 614, dated 19.09.2013 N 824, dated 17.02.2014 N 112,
No. 136 of 25.02.2014, No. 230 of 26.03.2014, No. 977 of 24.09.2014,
dated 11/14/2014 N 1190, dated 12/17/2014 N 1380, dated 02/14/2015 N 129,
dated 09/04/2015 N 941, dated 12/25/2015 N 1434, dated 06/29/2016 N 603,
dated December 26, 2016 N 1498, dated February 27, 2017 N 232, dated June 27, 2017 N 754,
dated 09.09.2017 N 1091,
as amended by the Definition Supreme Court RF
dated 19.03.2013 N APL13-82, Decision of the Supreme Court of the Russian Federation
dated 31.05.2013 N AKPI13-394)
In accordance with Article 157 of the Housing Code Russian Federation The Government of the Russian Federation decides:
1. Approve the attached:
b) do not apply to relations that arise when gas is supplied 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 utilities specified in this Decree;
d) in the territories of the Republic of Crimea and the city of Sevastopol, they are subject to application to legal relations that arose after July 1, 2015;
(paragraph "d" was introduced by Decree of the Government of the Russian Federation of September 24, 2014 N 977)
e) are used when determining the amount of payment for utilities paid by tenants of residential premises in hostels included in the housing stock of organizations that carry out educational activities, taking into account the Rules for determining the amount of fees for utilities paid by tenants of residential premises in dormitories included in the housing stock of organizations engaged in educational activities, under contracts for renting residential premises in a dormitory, approved by Decree of the Government of the Russian Federation dated November 14, 2014 N 1190 " On the Rules for determining the amount of payment for utilities paid by tenants of residential premises in dormitories, included in the housing stock of organizations engaged in educational activities, under contracts for renting residential premises in a dormitory.
(paragraph "e" was introduced by Decree of the Government of the Russian Federation of November 14, 2014 N 1190)
3. Establish that the Ministry of Construction, Housing and Communal Services of the Russian Federation gives clarifications on the application of the Rules approved by this Decree.
(as amended by Decree of the Government of the Russian Federation of March 26, 2014 N 230)
4. To the Ministry of Regional Development of the Russian Federation:
a) submit within 2 months in agreement with the Ministry of Energy of the Russian Federation and with the participation of interested federal bodies executive power proposals to the Government of the Russian Federation on improving the Rules for the supply of gas to meet domestic needs of citizens, approved by Decree of the Government of the Russian Federation of July 21, 2008 N 549, and the main provisions for the functioning of retail markets electrical energy, approved by the Decree of the Government of the Russian Federation of August 31, 2006 N 530;
b) within 3 months:
approved in agreement with Federal Service for tariffs, an approximate form of a payment document for making a payment for the maintenance and repair of a dwelling and the provision of public services, as well as guidelines for its completion;
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 utility consumption standards, 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 to 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 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 the said Rules (in terms of the procedure for calculating the amount of payment for a utility service for heating), which become invalid from July 1 2016;
(as amended by Decrees of the Government of the Russian Federation of 27.08.2012 N 857, of 17.12.2014 N 1380)
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
VI. The procedure for calculating and paying utility bills
36 . The calculation of the amount of payment for utilities is carried out in the manner prescribed by these Rules.
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).
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 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 is determined using such tariffs (prices), if the consumer has an individual, common (apartment) or a room meter that allows you to determine the amount of consumed communal resources differentiated by time of day or other criteria that reflect the degree of use of communal resources.
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 per 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 of utility services in an apartment building, regardless of the chosen method of managing an apartment building, as part of the utility bill, separately pays a fee for utility services provided to the consumer in a residential or non-residential building, and a fee for utility services consumed in the process of using common property in an apartment building. house (hereinafter referred to as utilities provided for general house needs).
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 of centralized heat supply and (or) hot water supply, pays a total fee for such a utility service, calculated in accordance with paragraph 54 of these Rules and including as a fee for the utility a service provided to a consumer in a residential or non-residential premises, as well as a fee for a utility service provided for general house needs.
41 . The consumer of utility services in a household pays a fee for utility services, which includes utility services provided to the 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 is determined in accordance with formula 1 of Appendix No. 2 to these Rules based on the readings of such a meter for the billing period.
In the absence of an individual or common (apartment) meter for cold water, hot water, electricity and gas, 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 building is determined in accordance with formulas 4 and 5 Appendix No. 2 to these Rules based on the standards for the consumption of public services.
In the absence of an individual or common (apartment) heat energy meter, the amount of payment for the utility service for heating provided to the consumer in a residential building is determined in accordance with formula 2 of Appendix No. 2 to these Rules based on the consumption rate of the utility service or in accordance with formula 3 Appendix No. 2 to these Rules based on the readings of a collective (general house) heat energy meter.
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 communal sewerage service provided for the billing period in a dwelling that is not equipped with an individual or common (apartment) metering device for domestic waste water is calculated based on the sum of the volumes of cold and hot water provided in such a dwelling and determined according to the indications of individual or common (apartment) metering devices for cold and hot water for the billing period, and in the absence of metering devices for cold and hot water - in accordance with formula 4 of Appendix No. 2 to these Rules based on the standard for water disposal.
43
. The amount of payment for a utility service provided to a consumer in a non-residential building of an apartment building equipped with an individual meter is determined in accordance with formula 1 of Appendix No. 2 to these Rules based on the readings of such a meter for the billing period.
In the absence of an individual metering device, the amount of payment for a utility service provided to a consumer in a non-residential premises is calculated based on the estimated volume of the communal resource.
The estimated volume of the communal resource for the billing period is determined on the basis of the data specified in paragraph 59 of these Rules, and in the absence of such data, the following is determined:
- for cold water supply, hot water supply, gas supply and electricity supply - by a calculation method similar to that defined in the contract for cold water supply, hot water supply, electricity supply, gas supply between the contractor and the resource supply organization in order to calculate the volume of consumption of a communal resource in non-residential premises that are not equipped with individual metering devices, and in the absence of such a condition - by calculation, established in accordance with the requirements of the legislation of the Russian Federation on water supply, electricity supply and gas supply;
- for water disposal - based on the total volume of consumed cold water and hot water;
- for heating - in accordance with formulas 2 and 3 of Appendix No. 2 to these Rules, based on the calculated value of heat energy consumption equal to the standard for consumption of heating utility services used in such an apartment building.
44
. The amount of payment for a utility service provided for general house needs in an apartment building equipped with a collective (common house) metering device is determined in accordance with formula 10 of Appendix No. 2 to these Rules.
The volume of utility services provided for the billing period for general house needs is calculated and distributed among consumers in proportion to the size total area owned by each consumer (in his use) residential or non-residential premises in an apartment building in accordance with formulas 11, 12, 13 and 14 of Appendix No. 2 to these Rules.
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 is not charged to consumers for such a billing period.
46 . Payment for the corresponding type of utility service provided for the billing period for general house needs 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 found that the volume of the communal resource determined based on the indications of the collective (common house) metering device for this billing period, less than the sum of the volumes of the corresponding type of utility service determined in accordance with clauses 42 and 43 of 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 the 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.
47
. In the case specified in paragraph 46 of these Rules, the amount of the communal resource in the amount of the resulting difference, the contractor is obliged to:
A) distribute among all residential premises (apartments) in proportion to the size of the total area of each residential premises (apartment) - in relation to heating and gas supply for heating needs or in proportion to the number of people permanently and temporarily living in each residential premises (apartment) - in relation to cold and hot water supply, water disposal, electricity supply, gas supply for cooking and (or) water heating;
b) reduce by the volume of the communal resource allocated in the course of distribution to the dwelling (apartment), the volume of a similar communal resource determined for the consumer in the dwelling for this billing period in accordance with paragraph 42 of these Rules, down to zero and use the resulting reducing the volume of the communal resource when calculating the amount of the consumer's payment for the corresponding type of utility service provided to the dwelling (apartment) for this billing period. If the volume of the communal resource attributable to any consumer as a result of distribution in accordance with subparagraph "a" of this paragraph exceeds the volume of the communal resource determined for the consumer in accordance with paragraph 42 of these Rules, the surplus of the communal resource for the next billing period does not is transferred and is not taken into account when calculating the amount of the fee in the next billing period.
48 . In the absence of a collective (general house) metering device, the amount of payment for a utility service provided for general house needs is determined in accordance with formulas 10 and 15 of Appendix No. 2 to these Rules.
49
. If the household is not equipped with an individual meter for 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 outbuildings located on it .
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 utility service provided by the contractor when using the land plot and outbuildings located on it buildings in the absence of an individual metering device at the consumer;
- 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, 8, 16, 19 and 21 of Appendix No. 2 to these Rules .
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 the corridor, hotel and sectional type (with 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 in a shared 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.
53
. If an apartment building is equipped with a collective (common house) heat energy meter and, at the same time, residential premises in an apartment building, the total area of \u200b\u200bwhich is more than 50 percent of the total area of all residential and non-residential premises in an apartment building, are equipped with distributors, then calculated in accordance with paragraphs 42 and 43 of these Rules, the amount of payment for a utility service for heating provided to a consumer in a residential or non-residential premises equipped with distributors is subject to adjustment by the contractor once a year in accordance with formula 6 of Appendix No. 2 to these Rules.
By decision of the general meeting of 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 a heating utility service provided to consumers in residential and non-residential premises equipped with distributors may be established.
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 the service is provided by the contractor based on the volume of the communal resource used during the billing period in the production of the utility service for heating and (or) hot water supply (hereinafter referred to as the communal resource used in the production), and the tariff (price) for the communal resource used in the production.
The volume of the communal resource used in the production is determined based on the readings of the metering device that fixes the volume of such a communal resource, and in its absence, it is determined by the specific costs of such a communal resource for the production of a unit of thermal energy for heating purposes or a unit of hot water for the purpose of hot water supply. At the same time, the total volume (quantity) of thermal energy produced by the contractor for the billing period for the purpose of heating or hot water for the purpose of hot water supply is calculated according to the readings of metering devices that fix such volumes installed on the equipment, using which the contractor produced a utility service for heating or hot water supply , and in the absence of such meters - as the sum of the readings of individual and general (apartment) meters for heat energy or hot water, which are equipped with residential and non-residential premises consumers, and the volumes of consumption of thermal energy or hot water, determined according to the standards for the consumption of utility services for heating or hot water supply by those consumers whose residential and non-residential premises are not equipped with such metering devices. The specified calculation method is used when determining the volume of the communal resource used in the production, both in the case when such a communal resource is used by the contractor only in the production of public services for heating and (or) hot water supply, and in the case when the communal resource of the type used by the contractor in the production of utility services for heating and (or) hot water supply, is also used by the contractor to provide consumers with utility services of the appropriate type.
When determining the amount of the consumer's payment for the utility service for heating (in the absence of centralized heat supply), 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 house 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 formula 20 of Appendix No. 2 to these Rules as the sum of 2 components:
- the product of the volume of hot water consumed by the consumer, prepared by the contractor, and the tariff for cold water;
- the cost of the communal resource used to heat cold water in the production of public services for hot water supply, attributed to the consumer in each residential and non-residential premises in proportion to the volume of hot water consumed during the billing period in a residential or non-residential premises.
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 costs of maintaining and repairing such equipment are subject to inclusion in the payment for the maintenance and repair of common property in an apartment building.
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 temporary residents 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 consumers permanently and temporarily residing 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.
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.
58 . The number of temporarily resident consumers in a residential area is determined on the basis of the application specified in subparagraph "b" of paragraph 57 of these Rules, which contains the last name, first name and patronymic of the owner or permanently resident consumer, address, place of residence, information on the number of temporarily resident consumers, about the dates of the beginning and end of the residence of such consumers in the residential premises. 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.
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 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 1 year (for heating - based on average monthly consumption for the heating period), and if the period of operation of the meter was less than 1 year, then for the actual period of operation of the meter, but not less than 3 months (for heating - at least 3 months of the heating period) in the following cases and for the indicated billing periods:
A) in the event of failure or loss of an individual, common (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 cannot be set , - then starting from the billing 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) in case of non-submission by the consumer, who is obliged to transfer to the performer the readings of an individual, general (apartment), room meter for the billing period, such readings within the time limits established by these Rules - starting from the billing period for which the consumer did not provide the readings of the meter until billing period (inclusive) for which the consumer provided the executor with meter readings, but not more than 3 billing periods in a row;
V) in the case specified in subparagraph "e" 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 "e" of paragraph 85 of these Rules, but not more than 3 billing periods in a row.
60
. 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 utility service fee is calculated in accordance with clause 42 of these Rules based on the utility consumption standards.
The payment for a utility service provided for general house needs for the billing period is determined on the basis of the calculated average monthly volume of consumption of the communal resource, determined according to the readings of the general house (collective) meter for a period of at least 1 year (for heating - based on the average monthly volume of consumption for the heating period ), and if the period of operation of the meter was less than 1 year, then for the actual period of operation of the meter, but not less than 3 months (for heating - at least 3 months of the heating period) - starting from the date when it failed or was lost previously put into operation a common house (collective) metering device for a communal resource or its service life has 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 it into operation corresponding to the established requirements of a common house (collective) meter, but not more than 3 billing periods in a row.
61
. If during the verification of the reliability of information provided by the consumer about the readings of individual, general (apartment), room meters and (or) verification of their condition by the contractor, it is established by the contractor that the meter is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the metering device (distributors) being checked 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 it to the consumer within the time limits established for payment of utility services for the billing period in which the contractor carried out the inspection, a requirement to pay an additional charge for utility services provided to the consumer or a notification of the amount of utility charges overcharged to the consumer. Excessive amounts paid by the consumer are subject to offset when paying for future billing periods.
The recalculation of the amount of the fee must be made on the basis of the testimony of the metering device being checked, taken by the contractor during the verification.
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 (hereinafter referred to as unauthorized connection) of the consumer’s in-house equipment to in-house engineering systems, carried out in violation of the established procedure, the contractor is obliged to immediately eliminate (dismantle) such an unauthorized connection and charge additional fees for the utility service for the consumer in whose interests such connection was made, for the consumed without proper accounting for utilities.
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 power of 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 such connection, specified in the act of detection of an unauthorized connection, compiled by the contractor with the involvement of the relevant resource supplying organization, until the date the contractor eliminates such unauthorized connection.
If the unauthorized connection of the consumer to the in-house engineering systems has caused losses for another consumer (consumers), including in the form of an increase in the utility fee accrued to him (them) and paid by him (them) for utility services, then such consumer (consumers) has the right demand, in accordance with the procedure established by the civil legislation of the Russian Federation, compensation for the losses caused to him (them) from a person who unjustly enriched himself at the expense of such a consumer (consumers).
If the performer detects the fact of unauthorized interference in the operation of an individual, general (apartment), room meter located in a residential or non-residential premises of the consumer, which caused the readings of such a meter to be distorted, the contractor is obliged to stop using the readings of such a meter when paying for a utility service and recalculate the amount of payment for the utility service for the consumer based on the volume of the utility resource, calculated as the product of the capacity of the existing resource-consuming 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 unauthorized interference with the operation of the metering device specified in the act checking the status of the metering device, compiled by the contractor with the involvement of the relevant resource supply organization, until the date of elimination of such interference.
If the date of the unauthorized connection or interference with the operation of the meter cannot be established, then the additional accrual must be made starting from the date of the previous check by the contractor, but not more than 6 months preceding the month in which the unauthorized connection or interference with the operation of the meter was detected.
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 represented by a managing organization, partnership or cooperative, to pay for utilities directly to the resource supply organization that sells the communal resource to the contractor, or through the payment agents indicated by such resource supply organization or bank paying agents in the event that the decision to switch to such a payment method and the date of the switch has been made general meeting 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.
The payment by the consumer of payment for utilities directly to the resource supplying organization is considered as the fulfillment of the obligation to pay for the corresponding type of utility service to the contractor. At the same time, the utility service provider is responsible for the proper provision of utility services to consumers and is not entitled to prevent consumers from making payments directly to the resource supply organization or to the paying agent or bank paying agent acting on its behalf.
65
. Unless otherwise provided by an agreement containing provisions on the provision of public services, the consumer has the right, at his choice:
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;
V) pay utility bills for the last billing period in parts, without violating the deadline for paying utility bills established by these Rules;
G) 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, unless a different deadline for paying utility bills is established by the apartment building management agreement.
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, unless a different deadline for submission of payment documents is established by the apartment building management agreement.
68. Information on changes in tariffs and standards for the consumption of utility services is communicated by the contractor to the consumer in writing no later than 30 days before the date of issuance of payment documents, unless another period is established by an agreement containing provisions on the provision of utility services.
69
. The payment document states:
A) postal address of residential (non-residential) premises, information about the owner (owners) of the premises (indicating the name legal entity or last name, first name and patronymic individual), and for residential premises of state and municipal housing funds - information about the tenant of the residential premises (indicating the last name, first name and patronymic of the tenant);
b) name of the performer (indicating the name of the legal entity or surname, name and patronymic individual entrepreneur), his bank account number and Bank details, address (location), contact phone numbers, fax numbers and (if any) e-mail addresses, the address of the contractor's website on the Internet;
V) 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 of measurement for the volume (quantity) of utility resources;
G) the volume of each type of utility services provided to the consumer for the billing period in a residential (non-residential) premises, and the amount of payment for each type of utility services provided, determined in accordance with these Rules;
d) the volume of each type of utility services, with the exception of utility services for heating and hot water supply, produced by the contractor in the absence of centralized heat supply and hot water supply, provided for the billing period for general house needs per each consumer, and the amount of payment for each type of such utility services, determined in accordance with these Rules;
e) the total volume of each type of utility services for general house needs provided in an apartment building for the billing period, the readings of the collective (common house) metering device of the corresponding type of communal resource, the total volume of each type of utility services provided in all residential and non-residential premises in an apartment building, the volume each type of communal resource used by the contractor for the billing period in the production of utility services for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply);
and) information on the amount of recalculation (additional charge or reduction) of utility bills, indicating the grounds, including in connection with:
- use of residential premises by temporarily residing consumers;
- provision of public services inadequate quality and (or) with breaks exceeding the established duration;
- temporary absence of the consumer in the occupied residential premises, not equipped with individual and (or) common (apartment) metering devices;
- payment by the contractor to the consumer of forfeits (fines, penalties) established by federal laws and an agreement containing provisions on the provision of public services;
- other grounds established in these Rules;
h) information on the amount of the consumer's debt to the contractor for previous billing periods;
And) information on the provision of subsidies and benefits for the payment of utilities in the form of discounts (before the transition to the provision of subsidies and compensation or other measures social support citizens in the form of money);
To) information on the installment plan and (or) deferral of payment for utility services provided to the consumer in accordance with paragraphs 72 and 75 of these Rules;
l) other information to be included in payment documents in accordance with these Rules and an agreement containing provisions on the provision of public services.
70
. In the payment document issued to the consumer of utility services in an apartment building, payment for utility services for general house needs and payment for utility services provided to the consumer in residential or non-residential premises are subject to separate lines, with the exception of utility services for heating and hot water supply made by the contractor in the absence of centralized heat supply and hot water supply.
The amount of forfeits (fines, penalties) determined by law or an agreement containing provisions on the provision of public services for violation of the terms of such an agreement by the consumer is indicated by the contractor in a separate document sent to the consumer.
71 . Approximate form payment document for paying utility bills and guidelines for filling it out is established by the Ministry of Regional Development of the Russian Federation in agreement with the Federal Tariff Service.
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 last year, then the contractor is obliged provide the consumer with the opportunity to pay for such a utility service in installments on the terms specified in this paragraph.
This opportunity is provided by including payment document, provided by the contractor to the consumer, along with the position providing for the payment of a utility service fee for the billing period at a time, positions providing for the possibility of the consumer making a payment in installments in the amount of one twelfth of the utility fee for the expired (expired) billing period in which (which ) the indicated excess has occurred, and the amount of interest for using the installment plan, which is subject to payment 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 increased by 3 percent Central Bank Russian Federation, valid on the day the installment plan 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) various levels of the budgetary system of 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 took advantage of 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 has concluded an agreement on the acquisition of the corresponding type of communal resource in order to provide utility 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.
75 . The procedure and conditions for granting a deferment or installment payment for utility services (including the repayment of debts for utility bills) in cases not specified in paragraph 72 of these Rules are agreed upon by the consumer and the contractor.
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 payment for utilities is reduced by the amount of the discount.
77 . In the event that a consumer who, in accordance with the legislation of the Russian Federation, is provided with compensation for expenses for paying utility bills 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 utility services is not subject to reduction and paid in full.
78
. The amount of payment for domestic gas in cylinders is calculated according to the tariffs established in accordance with the legislation of the Russian Federation based on the mass of domestic gas in cylinders purchased by the consumer.
The amount of payment for solid fuel is calculated according to the tariffs established in accordance with the legislation of the Russian Federation based on the quantity (volume or weight) solid fuel.
79 . The amount of payment for the delivery of domestic gas in cylinders and solid fuel to the place indicated by the consumer is established by agreement between the consumer and the contractor - the seller of domestic gas in cylinders and solid fuel.
The rules for the provision of public services are strictly regulated by the state legislation of the Russian Federation. The list of guidelines governing the process includes both federal legislation and local legal acts and official positions. A citizen who has legal information can defend his legal consumer rights in every instance. One of the main rules will be the observance by the tenant of his direct obligations in the field of housing and communal services (housing and communal services). In other words, there should be no claims against him.
Payment for utilities is a significant part of the funds of an ordinary citizen, and this does not depend on whether he is the owner of the property or uses it as a tenant. The rules for providing utility services to owners and users of premises are the same. However, it is possible and necessary to reduce the amount on the utility bill, if required. All rules for the provision of public services to citizens will be discussed below.
The list of utilities is determined directly by state legislation, or rather, the Government of the Russian Federation, the definition of which is valid throughout Russia. Among other things, this list of services should be provided by the contractor for the entire calendar year. The only exception is heating. Heating utilities are provided seasonally.
However, the legislation also defines time intervals for repair work, as well as unforeseen emergencies. In these cases, time limits are provided for the repair and elimination of the accident.
When utilities provide services of poor quality during the year, that is, the number of outages exceeds the value provided for by law, then residents have the legal right to file an official claim or complaint against unscrupulous "communal services". This is stated in the law on the protection of the rights of consumers of housing and communal services.
The mandatory list of services that communal structures must provide includes the following items:
The complex of utility services directly depends on the comfort and availability of certain engineering networks of a particular residential building.
In the event that the house does not have some engineering communications, then payment for them will not be charged. Consequently, the cost of its maintenance will be lower due to the absence of an appropriate deduction point.
GD number 354 on the provision of public services, adopted in 2011, is the main legislative act that regulates all activities of housing and communal services. This document is edited quite often, and, therefore, the newest rules for the provision of public services, that is, their latest edition, will be relevant.
The sections to pay attention to are:
This resolution is publicly available, and therefore, every interested citizen can study it and monitor compliance with the rules for the provision of public services and the actions of cash settlement centers in the field of calculating payment for services.
In the latest edition of the Decree of the Government of the Russian Federation, the description of non-residential premises has been clarified. To specify the status of the premises and payment for the corresponding category, you need to contact new version legislation. All controversial situations between homeowners and housing companies on issues of maintenance and payment for non-residential premises can be resolved in court.
In accordance with Art. Articles 80 and 81 of the Government Decree are now obliged to check the installed metering devices. That is, after the consumer's application, the utility service must take the meter readings within ten days and check its serviceability. Previously, the legislation provided for the verification of meters once every 6 months. Now this period of time has been reduced to a quarter, that is, once every 3 months.
When employees utilities for some reason do not have access to private metering devices, then payment will be calculated based on the number of registered residents in this particular room.
According to chapter 9 of the mentioned federal law, due to incorrect calculation of utility bills, which entailed an overpayment for services rendered, a fine of up to 50% of the amount of the incorrect calculation is provided.
The rules according to which utility bills must be paid are described in Chapter 6 of the Federal Law. Each homeowner must pay the full amount of utilities rendered to him. However, in addition to the obligation, every citizen is also entitled to verify the validity of charges. The quality of the services provided and their compliance with the standards are also taken into account. If the management company overstates tariffs and performs its obligations poorly, the tenants have the right to change it to another by terminating and reissuing the contract.
In addition to the services described above, which are paid in accordance with the readings of individual metering devices, the rent also contains such items as:- home service;
- building overhaul;
- keeping the yard clean;
- elevator maintenance;
- maintenance of cleanliness of common areas, stairs and elevators;
- garbage disposal and maintenance of common communications.
All figures included in the "fatting" are calculated by the specialists of the servicing office on a monthly basis. There are many items included in the rent, according to which they must be justified and correspond to the tariff units valid for the current date.
All receipt items can be divided into 2 types of costs:- private;
- common house.
If the tenant has some benefits for paying utility bills, then the category of the benefit and the grounds for the reduction in the tariff must be indicated.
Paragraph 54 of the new Rules prescribes the calculation of fees for heating and hot water services, if the contractor wishes to make the calculation on his own.
When drawing up a contract for the provision of public services, all conditions, obligations and responsibilities of the parties should be taken into account. If any condition is omitted, the conflict situation will be resolved on the basis of legislative norms and rules. The main document for drawing up a contract for the supply of services is paragraph 124 of the Rules.
When compiling standard form The contract for the provision of public services should carry out a number of actions:- declare in writing the desire to conclude contractual obligations for the provision of services and attach the entire mandatory package of documents;
- obtain a preliminary draft contract from the service provider and correct disagreements on points, if any;
- design additional agreement on the absence of claims and the elimination of disagreements;
- sign a contract for the provision of services.
As far as the treaty itself is concerned, it without fail the rates for the services provided must be specified. In addition, liability is provided for both the party providing the service for its poor quality provision, and the consumer for violation of the terms of this agreement.
There are situations when the contract is drawn up retroactively. The legislation provides that the party providing the service may transfer the draft contract to the consumer within 20 days from the start of the provision of these same services.
The consumer has 30 days to adjust the terms or agree to them. At the end of the period of time allotted by law, the contract will be considered automatically concluded.
To draw up the described contract, the service provider should submit the following package of mandatory documents:
In the event of inaccuracies in the submitted documentation or the provision of an incomplete package of papers, the service provider must notify the consumer of this fact no later than 5 working days
In addition to the terms of the concluded contract, the parties must strictly comply with the rules prescribed in chapters 4 and 5 federal law No. 354 and governing relations between the parties.
As for the organization of the utility supplier, its rights and obligations are given in articles 31.32 of the Federal Law:
The housing company has the right to choose a direct service provider independently, as well as to enter into contractual relationship. In the event of planned repairs, accidents and other disruption of service delivery, the company must notify tenants by means of an announcement in designated areas. Legislation supports owners and tenants in the fight against unscrupulous service providers in a way that protects consumer rights.
In the event of the provision of services of unsatisfactory quality, the user has the right to record his claims in the book of complaints and suggestions. The latter, in turn, must be available from each service provider.
According to the received complaint, not only appropriate measures must be taken by the company's managers, but also a written response to this must be issued within a period equal to three working days. This is stated in Art. 31 of the current legislation.
Basic rights and obligations of the consumer, articles 33, 34:
According to Article 35, the tenant does not have the legal right to perform the actions prohibited to him, for this the state provides for heavy fines.
According to Article 309 of the Civil Code of Russia, all obligations must be properly performed in accordance with contractual terms and applicable law. The parties do not have the right to change the terms of the contract unilaterally, as well as not to fulfill their obligations.
For a single non-payment of the amount, according to Resolution 354, amended from January 1, 2017, the legislation does not provide for any liability.
Previously, failure to pay by the due date threatened to accrue fines and penalties. To date, this punishment is provided if a citizen is late with payment for more than 30 days.
The reason for making the appropriate changes was the crisis situation in the country, which led to a delay in payments wages citizens.
However, in parallel, sanctions were tightened against those citizens who deliberately do not pay utility bills.
Until the beginning of 2017, the penalty rate was equal to 1/300 of the refinancing rate of the Central Bank of the Russian Federation.
To date, the stakes are distributed as follows:- 1/300 for a period of non-payment of 31-90 days;
- 1/130 for non-payment of 91 or more days.
However, the government does not stop at the amount of penalties for malicious non-payers, since conscientious tenants suffer through their fault. In the future, it is planned to increase the amount of the penalty.
The user of housing should be aware of the following about the procedure for the provision of utilities.
The main responsibility for non-payment of utility bills lies directly with the owner of the apartment, in contrast to the users of municipal housing.
The rules of utilities are for the homeowner to pay bills on time.
In the absence of regular monthly payments for services rendered, representatives of the housing and communal services sector can:- Warn in writing and offer to pay the debt without imposing penalties.
- Visit the defaulter and verbally explain the threatening consequences and penalties.
- Suspend the provision of services.
- Start a lawsuit to recover arrears in payments.
The latter method is the most inconvenient and costly for both parties, therefore, whenever possible, utilities are trying to resolve the issue peacefully.
As for the debt itself, during the process, due to the accrual of penalties on it, this amount can increase significantly.
If the court decides in favor of utilities, they will be required to pay off the amount of the debt in full.
