Public services according to the law. Housing Services

Issues on the calculation and payment of utilities are the most urgent in the Russian Federation. Owners tirelessly complain about prices and excessive charges, and public utilities - about persistent defaulters with large debts.

Article 155 of the LCD governs almost all issues and rules relating to the payment and calculation of utility bills.

First, let's define the timing. If the house is managed under a management agreement, or at a meeting of owners a decision was made on a common house payment day, the terms remain fixed and standard.

You can pay for the housing office services for a month in the first ten days of the next month. If the general house meeting or cooperative adopted another day, it is paid on the accepted day.

But payment, according to the law, is a second matter. Until the end of the month for which payment is planned, payment documents must be provided, if another day was not accepted by local authorized bodies house management.

Tenants who rent housing from individuals pay rent and utilities directly to the landlord, according to the LCD. If we are talking for housing in municipal or state housing stock, as well as for housing controlled by a management company, the payment rules are somewhat different.

In the case of a private person, the tenant and the landlord agree in advance on the list of services that will be paid in addition to the cost of rent. In the second case, according to the Code, the tenant undertakes to pay for the repair and maintenance of the house, as well as utilities.

Payment is credited to the account management company. If the tenant contributes less than required, and a debt is formed, the procedure for its repayment is also established by the management company.

Organizations and cooperatives

The rules for paying utility bills are somewhat different for those whose houses are subordinate to cooperatives or homeowners associations. Members of such a partnership are required to pay the costs of repair and maintenance of common property, as the law says. And this is in addition to utilities, the payment of which, in such cases, also implies the housing code.

Those who are not members of various cooperatives, partnerships and other organizations must conclude an agreement on accrual and payment with these organizations. At the same time, a certain amount is also paid for the repair and maintenance of the house.

Payments for resources, in such cases, are carried out by partnerships and organizations with which the contract was concluded. In the case of the management company, the LCD also provides it with the opportunity to make payments.

These calculations are made under contracts:

supply of hot and cold water;
water drainage;
supply of electricity;
gas;
heat supply.

By gas supply contracts, the LCD means not only natural gas at home, but also the supply of gas in cylinders, if necessary.

Heating is not only centralized system. In the presence of furnaces, supply contracts are concluded solid fuel and this is also the responsibility of companies, organizations and partnerships, as Article 155 of the RF LC states.

In fact, the law (LC RF) says that if there are such partnerships, organizations, or when managing housing with the help of a management company, payment must be made through them.

But the cases are different - some do not trust their HOAs, others want to make sure that payment is made strictly to the penny. In any case, you can pay directly to those organizations that provide resources.

Regardless of whether you have an agreement with an HOA or a management company, you have the right to pay directly to the company supplying you with resources, and the Housing Code defines this as the fulfillment of obligations to these organizations.

If you paid for services directly to the company, the Criminal Code or the HOA do not have the right to accuse you of debt and delay in payments if you have receipts confirming these calculations.

But, in order to grant such a right, it is necessary to gather homeowners and resolve this issue together. If one owner pays directly, while others pay through the UK or HOA, then the former will probably be forced to follow the example of the majority and comply with the general rules.

If such an idea is supported by all the owners of the premises, a meeting should be organized, the decision of the meeting should be formalized in writing and collect the signatures of the meeting participants. By the way, signatures should be more than half of all owners in the house, even if others did not come to the meeting.

Other payment rules

If the house is managed by an organization, the rules for the provision of services and their payment are quite clear.

Often, management companies already have long-term contracts with representatives of resource supply companies. In other cases, tenants can choose them themselves - the law does not prohibit this.

New buildings are different. If the developer has not entered into agreements with management companies, payment for the provision of utilities is made to the developer himself.

This practice is quite exceptional, but it also takes place. According to the Housing Code of the Russian Federation, the developer either enters into an agreement with the management company, or manages the house on his own. Therefore, depending on the type of management, payment is charged to such a responsible person.

Self-management

If the owners manage the house directly, payment for utilities is made under contracts concluded directly with resource supply companies, as the law of the Russian Federation says.

The same applies to payment for various repairs carried out for the purpose of maintaining and repairing the house.

It is worth remembering that, in this case, a general meeting of owners is also required, where it will be decided and approved in writing which services of which supply company the homeowners want to use in the house, and also on what day payment will be made (or will be made in the first ten days of the month, according to the LC RF).

Debts and payment methods

An interesting situation is observed if the tenant, owner or tenant does not use the premises. It is best if there are counters in such a room.

Then the owner or tenant must pay only a fee for repair work, and the accrual for utility bills occurs according to meter readings.

If there are no metering devices in the apartment, it will be necessary to warn the companies supplying resources about their absence.

Then, according to the general norms of consumption, a recalculation will be made, which, however, does not deprive the owner of the obligation to pay for services.

If the tenant provides rented housing to temporary residents, and this is not prohibited by the rental agreement, the fee will be paid under a separate agreement drawn up for the period of residence of these temporary residents. But it is still paid on behalf of the employer.

The landlord or MC must notify the apartment owners in writing of any changes in the tariffs for resources one month before the new tariffs come into force. The same applies to repairs planned to improve the state of communications or technical premises, especially if the work is carried out on condition that the house is disconnected from a particular resource for a certain period.

If utility bills are not paid on time or are not paid in full, a debt is formed. In this case, the debtor must pay one three hundredth of the refinancing rate of the Central Bank of the Russian Federation of the amount of debt for each overdue day.

It is understood that the debtor, having learned about the debt and starting to repay it, pays given percentage for each day until the debt is paid in full.

If not paid in full or not on time overhaul, the owner pays a similar percentage to the repair fund. All companies and persons listed in this article of the LC RF and accepting payments for utilities can use the services of payment organizations that accept payments from individuals.

That is, interaction with a resource supply company, a renter, an HOA and other organizations that, in a particular case, are charged, can take place through bank cash desks and other organizations that work with this type of payment.

But only if these organizations operate in accordance with the laws of the Russian Federation on banking.

Consequences of non-payment

The accrual of penalties is only the first measure of influence of companies. It can be challenged in court if there are grounds. Achieving the abolition of the accrual of interest is a lengthy process, but it gives the debtor the opportunity to pay his debt over this period.

The second measure is the limitation of supply. It is applied in the event that within a month after the notification the amount repaying the debt and penalty has not been paid. To calculate the underpayment of the debt for the provision of utilities, it is enough to multiply the current minimum wage for two.

The debt is already calculated according to average rates, and not counters. The measure implies limiting the provision of public services to a daily limit, or limiting the supply of the resource for which there is a debt.

If such a measure has not produced the desired effect, a shutdown is carried out, which, according to the Housing Code, is temporary. IN apartment building such a shutdown is quite simple to carry out. If we are talking about a private house, pipes are blocked or wires are cut, and then, when reconnected, they are repaired at the expense of the former debtor.

If the owner of the housing is the municipal authority, and the tenants live under a social contract, according to the Housing Code, eviction is possible. It is impossible to evict the owner from privatized housing for debts.

The law allows such sanctions after six months of non-payment, and also if restrictions on the provision of public services have not brought results.

Eviction occurs only by a court decision, which takes into account the reasons for the debt. For example, the illness of the owner, his relatives, as well as temporary disability are considered good reasons.

But in the case when the rules are on the side of the plaintiffs, the evicted should be provided with a different living space, taking into account the area of 6 square meters per tenant.

When the provision of resources is disconnected or restricted, and also when the debtor has repaid the debt, the law sets a time limit of two days for the restoration of supply.

Legal provision of services

The rules for providing resources, according to the RF LC, were updated in 2011. The start of supply, as established by law, occurs from the moment of purchase of housing, the conclusion of a lease agreement or the conclusion of a lease agreement, as well as from the day housing is provided by a housing construction cooperative.

The list of services and resources to provide, as the law says, can only be determined by the degree of home improvement. At the same time, the volumes of provision must satisfy the requirements of the tenant and the technical capabilities of the building.

The rules name the list of resources and services that can be provided:

cold water;
hot water;
power supply;
drainage;
gas supply;
heating.

It is possible to provide services only on the basis of a contract, but the consumer cannot be deprived of the provision of services just because he does not have a written contract concluded.

Conclusion

The Housing Code regulates and indicates the rights and obligations of not only homeowners, but also tenants under various types of contracts, and also indicates the rules and grounds for the provision of certain services.

Payments, according to the LCD, can be made to the account of the management company, HOA, landlord, but there is the possibility of charging payments directly to the account of the resource supply company.

The last type of payment is made when a contract is concluded for the provision of each of the resources after general meeting homeowners. Without a meeting, the Housing Code cannot define such contracts as legal, and the law itself, which regulates the provision and payment, does not apply to them.

They discuss all the nuances of making payments by residents and organizations for the provision of housing and communal services to the population.

In order to be able to fully use all the provided housing and communal services and to avoid controversial situations, the tenant must know their types. What is included in the utility services, for what services we pay, we will consider in the article.

What is included in the utility services?

Home supply necessary resources carried out by companies (partnerships) licensed for that.

Housing and communal services - what is included in the maintenance of housing and what is it?

Full list utility benefits is as follows:

Cold water supply. The main requirements for cold water are safety from pathogens and unacceptable chemical impurities. Water supply (both cold and hot) must be constant, a break of more than 8 hours per month is unacceptable, in case of accidents - more than 24 hours.
Hot water supply. In addition to the above requirements, there are also temperature standards - from 65 to 75 degrees Celsius () with slight possible deviations.
Water disposal (sewerage). Housing must have a diversion system Wastewater. Water supply and sanitation is regulated by Federal Law No. 416 of December 7, 2011 "On Water Supply and Sanitation".
Heat supply. This type of service is determined by the air temperature in the apartment or other premises. It should not fall below +18 degrees (+15 for entrances) for regular rooms and +20 for corner rooms. Permissible shutdown time (during the heating season) is 24 hours per month. Legal consolidation - Federal Law No. 190 of July 27, 2010 "On Heat Supply".
Gasification. Household gas is not connected in all houses and apartments, but if the housing is connected to unified system, then its payment is included in utilities, in accordance with the Federal Law of 03.03.99 No. 69 “On gas supply in the Russian Federation”.
Electricity. Power outages should not last more than 2 hours for two sources and 24 hours for one source.
Public area lighting.

List of municipal utilities and their features

Another type of envisaged functions in the field of housing is municipal services in the housing sector.

Such services are not associated with individual apartments or houses, but also provide a comfortable existence for owners or owners of housing.

The main types of housing and communal services:

home maintenance, repair duties. The purpose of the function is to maintain the health of the premises (legal support - and Government Decree of 13.08.06 No. 491);
overhaul, unscheduled and current repairs;
garbage disposal - waste, garbage chute, etc.;
other provided and paid services. For example, housing and communal services provide for cleaning of entrances, elevators and adjoining territory, 24-hour security and secure parking, concierge, food delivery, help desk and much more.
Such services do not have to be present in every house, but if they are, then the payment is made according to the established tariffs (usually all municipal benefits are calculated based on living space).

Utilities and rent

The rent is fixed in the law and an exhaustive list of payments included in it is indicated in article 154 of the Housing Code of the Russian Federation.
According to it, the owner (owner, tenant, if provided by the contract) is obliged to general conditions pay for the list of housing and communal services included in the rent:

relevant contributions for the maintenance and repair of residential premises, common property of an apartment building;
payment at tariffs for provided and used communal and municipal services (the list of housing and communal services is above).

You can pay the bill at the offices of the Russian Post, via the Internet, by bank transfer, or at electronic terminals with such functionality. The amount of the rent is formed separately for each position on the basis of agreements with the company (companies) providing services.

Operation of property and maintenance of housing

What is maintenance services in housing and communal services?

The lists of housing and communal services may also include paid maintenance services.

They are provided to persons living in residential premises, and payments are made for them.

The operated property, for the use of which the tariff price is determined, includes:

fixed telephone connection;
TV, Internet;
common household property that needs maintenance;
intercom;
guard post and much more.

It should be noted that operational housing and communal services are paid only if they are available and used by residents, for example, in the absence of an intercom, no one has the right to demand money for it.

The list of services of the housing and communal services management company for the maintenance of housing services:

All disputes, inconsistencies and problems with poor-quality housing and communal services, contracts in the field of housing and communal services are resolved exclusively in the legal plane. Lawyers provide services in matters of:

unlawful increase in tariffs, especially provided that the quality of services does not change;
deterioration of living conditions;
disconnection of utilities for periods exceeding those established by law, as well as non-compliance with standards (for example, hot water of insufficient temperature);
failure of any of the parties to fulfill their obligations, or illegal excess of rights (infringement of the rights of others);
any structures or systems in the apartment or house are malfunctioning;
inaction authorized persons and organizations.

Additional and imposed

In addition to the obligatory paid utility, municipal and other services, there are additional new paid housing and communal services options that are not included in the maintenance of the house.

The most common of them are additional protective systems, such as video surveillance, security, alarms, and more.

Many unscrupulous companies charge improper fees for various services. Most often illegally paid:

Additional services of the housing and communal services management company not included in the contract.
Mandatory services included in the contract, if a separate fee is charged for them in excess of the norm.
Fees for the activities of the organization (remuneration, commissions, etc.).

According to article 16 of the Consumer Protection Law, the performer is not entitled to impose his paid services not provided for in the contract.

In case of violation of the rights of tenants, they can resolve the dispute in pre-trial procedure, through a claim, contact the housing inspectorate, the prosecutor's office or the court.

It is important for each owner (owner, tenant) of housing to know the list of payments that are mandatory and payments that are imposed illegally.

A citizen has the right to protect his rights in any legal way and protect himself from illegal actions of service companies providing services in the housing and communal services sector.

Provision to the public is strictly regulated federal laws, rules, regulations and other acts.

Knowing the standards of their provision, volumes, quality and time of submission, citizens can seek to improve the service. But we must not forget about our duties - the admission of controllers.

Housing relations between consumers and service providers are impossible without state intervention. It does so by passing laws and amending them.

fundamental laws and regulations, which are guided by housing and communal services enterprises, are:

In addition, housing and communal services enterprises are guided by many specialized regulations in the course of its activities:

Rules for the use of the sewerage and water supply system in the Russian Federation (Government Decree No. 167).
Decree No. 761 defines citizens-consumers.
Rules for the provision of public services to citizens No. 307 regulate the relationship between owners and end users of services with suppliers, establish standards for the consumption of individual resources.
Specialized regulations relating to a specific sector of housing and communal services - gas supply, sewerage, water supply, maintenance of apartment buildings, and so on.

Changes regarding the procedure for the provision of public services

The main governing document is "Rules for the provision of public services to citizens", approved by Decree of the Government of the Russian Federation No. 307 dated May 23, 2006 In 2015 this document has undergone some changes.

Service consumers who are able to install meters but have not done so will pay more. This measure is designed to encourage the population to install metering devices, both general and individual.

Such a normative act existed before, but was not widely used. Now, after legitimizing the innovation, the requirements will apply to all citizens without exception.

Consequently, the clause that regulates the charging of fees during the verification (temporary absence) of the meter has also changed.

If earlier consumption indicators for the previous three months of the “standard” tariff were taken for calculation, now the increased rate will be taken into account with increasing coefficients. At the beginning of 2017, this figure is 1.5.

The use of increased coefficients is possible if the controller is not allowed into the apartment or house to take evidence over three consecutive months.

Increased tariffs will not apply to gas supply.

Thus, all innovations relate to the use of multiplying factors in the absence of meters in the room.

The important thing is that their absence can be justified, for example, when there is no technical possibility of mounting IPU, OPU. In this case, the fee will be charged at the old rates.

General provisions of the Rules

The main points of the document are:

Besides, general provisions have a decoding of the main terms and concepts used in the provision of housing and communal services.

The document applies to consumers (citizens legally residing in, private, state property), and service providers.

Rights and obligations of the parties to public services

The consumer has the right:

receive service good quality, timely and in full;
uninterruptedly receive public services, demand improvement of their quality to the established level;
participate in decision-making regarding common property and adjacent territory;
control and pay for the actual volume of services spent;
demand a reduction in payment in case of interruptions in supplies, poor quality or own absence from the premises;
demand compensation for damage if the latter was caused through the fault of the service provider;
verify payments made;
receive full information, get acquainted with documents and regulations regarding specific services.

The supplier has the right:

demand timely ;
require compliance with the rules for the operation of housing, IPU, OPU;
receive compensation from the state for consumers who have;
freely enter the premises for verification of readings and serviceability of metering devices.

The consumer undertakes timely pay for consumed utilities, provide access to the supplier's representatives to the premises, independently monitor the serviceability of engineering networks in the apartment.

Supplier is obliged provide services in a timely manner, in full, without long interruptions, of the established quality, conclude an agreement with the consumer and exercise control technical condition systems in the house.

Quality standards

Housing and communal services must be carried out in accordance with GOST R 51617-2000, federal laws and other regulations.
All services must be provided in the amount set for the needs of the population, to ensure continuous consumption.

Breaks are allowed only when repair or force majeure.

All services must be safe for the health and life of the population.

The supplier must carry out quality control of services:

visual;
analytical;
instrumental.

Devices, products, substances used for the provision of services must be controlled and meet standards.

The procedure for paying utility bills

The Housing Code obliges the consumer to:

both businesses and individuals;
make payment by the 10th of every month;
draw up payment documents in accordance with the received receipts;
receive if there are grounds;
pay for all premises owned by;
in some cases, not only current, but also major repairs of common property in apartment buildings are subject to payment.

Resolution of disputes and disagreements

Disputes between the consumer and the contractor may be of the following types:

It is in the housing sector that mediators are not popular. The reason is banal - the side that has not received its own considers itself right and seeks to punish the culprit. At the same time, she does not take into account that the trial may drag on for years, and may be accompanied by large expenditures of money, effort and time.

Mediation in housing and communal services aimed at reconciliation, compensation for damage to the victim in a short time.

But, until amendments are made to the current legislation, obliging the parties to the dispute to use mediation, communal conflicts will be resolved in court.