Decree 354 p 33. Recalculation for utilities according to the law

Rules for the provision of public services are strictly regulated by state law Russian Federation. The list of guidelines that govern the process includes: federal law, and local legal acts and official regulations. 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 must 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 the time intervals for carrying out 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 present official claim or a 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 there will be no charge for them. 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 citizen who is interested 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 utility employees for any reason do not have access to private meters, the 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 in full the costs rendered to him. utilities. 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 drawing up a standard form of a contract for the provision of public services, a number of actions should be carried out:

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 supplementary agreement on the absence of claims and the elimination of disagreements;
sign a contract for the provision of services.

As for the contract itself, it must necessarily indicate the tariffs for the services provided. 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 of 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.

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

What is recalculation

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

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

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

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

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

Legal acts

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

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

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

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

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

What is included in Resolution No. 354

What is included:

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

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

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

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

Here are some points that are considered in the Resolution:

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

The following documents are accepted as proof of absence:

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

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

On the video about the recalculation of the fee

Main hallmarks The regulation and its amendments is a course towards the widespread installation of appliances. Therefore, the owners of apartments with meters have clear advantage in cases of, for example, temporary absence.

Clause 61 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by the Government of the Russian Federation of 05/06/2011 No. 354 (hereinafter referred to as Rule 354) provides for the obligation of the utility service provider to recalculate if, when checking the accuracy of information about the readings of an individual meter (hereinafter - IPU) discrepancies between the information provided by the consumer and the actual testimony of the IPU were revealed. In this article, we will analyze the cases in which the recalculation is carried out in accordance with paragraph 61 of Rule 354, and the cases in which this rule is not applicable.

What does paragraph 61 of Rule 354 state?

To quote paragraph 61 of Rule 354: 61. If during the verification of the reliability of the information provided by the consumer about the readings of individual, general (apartment), room meters and (or) verification of their condition by the contractor, it is established that the meter is in good condition, including the seals on it are not are damaged, but there are discrepancies between the readings of the 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 to send to the consumer, within the time limits established for payment of utility services for the billing period in which the contractor carried out the check, the requirement to pay additional charges for utility services provided to the consumer or a notice of the amount of payment for utility services, unnecessarily charged to the consumer. Excessive amounts paid by the consumer are subject to offset when paying for future billing periods.

The recalculation of the amount of the fee must be made on the basis of the testimony of the metering device being checked, taken by the contractor during the verification.

At the same time, unless the consumer proves otherwise, the volume (quantity) of the communal resource in the amount of the identified difference in the readings is considered to be consumed by the consumer during the billing period in which the contractor conducted the check».

From the above rule it follows:

1. The recalculation of payment for a utility service is carried out in compliance with a number of requirements:
1.1. " The recalculation of the amount of the fee must be made on the basis of the readings of the meter being checked taken by the contractor during the verification»;
1.2. " The contractor is obliged ... to send to the consumer, within the time limits established for payment of utilities for the billing period in which the contractor conducted the check, a request for additional charges for utilities provided to the consumer or a notice of the amount of utility fees overcharged to the consumer. Excessive amounts paid by the consumer are subject to offset when paying for future billing periods»;
1.3. " The volume (quantity) of the communal resource in the amount of the revealed difference in the readings is considered to be consumed by the consumer during the billing period in which the contractor conducted the check», « unless proven otherwise by the consumer».

2. Recalculation is made in the event of a number of circumstances:
2.1. " There are discrepancies between the readings of the checked metering device (distributors) and the volume of the communal resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service". It is important to note that the norm directly indicates the discrepancy between the actual readings of the device, not with the normative volume of consumption, not with the average monthly volume, not with some information received by the performer from other sources (predicted, calculated, taken by analogy, from the words of neighbors, etc. ) and not with the readings of previous settlement periods, namely with " amount of communal resource, which was submitted by the consumer performer»;
2.2. This discrepancy was found in the course of the verification of the reliability of the information provided by the consumer on the indications of individual, general (apartment), room metering devices and (or) verification of their condition»;
2.3. " The meter is in good condition, including the seals on it are not damaged».

Inspection cases

Since paragraph 61 of Rule 354 establishes that the discrepancy between the readings of the meter being checked and the volume of consumption provided to the contractor by the consumer is established during the check, we will indicate what kind of check we are talking about and in what cases such a check is carried out.

The analyzed norm, in terms of describing the nature of the verification, literally establishes: “ checking the reliability of information provided by the consumer about the readings of individual, general (apartment), room metering devices and (or) checking their condition”, that is, we are talking about three options for checking:
1. verification of the reliability of information provided by the consumer about the readings of individual, general (apartment), room metering devices;
2. checking the status of individual, common (apartment), room metering devices;
3. verification of the reliability of information provided by the consumer about the readings of individual, general (apartment), room metering devices and checking the status of individual, general (apartment), room metering devices.

It should be noted that when conducting a check for the purpose of applying paragraph 61 of Rules 354, in any case, a third type of check is necessary (a comprehensive check of both the readings of the device and its condition), since the performer, by virtue of the requirements of paragraph 61 of Rules 354, must establish that " the meter is in good condition, including the seals on it are not damaged”, that is, when checking only the reliability of information about the readings of the device, in any case, it is necessary to check its condition, and when checking only the state of the device to assess the reliability of its readings, these readings must be checked. Thus, a textual construction that allows considering three types of checks separately seems to be absolutely redundant, although legally no violation is seen.

Therefore, in this article we will talk about a comprehensive check of both the readings of the meter and its condition (hereinafter referred to as Check).

According to subparagraph "g" of paragraph 31, the contractor is obliged to carry out Checks, however, this rule does not establish the timing and frequency of such Checks.

Paragraph 82 of Rule 354 confirms the above rule:
« 82. The contractor is obliged:
a) check the condition of installed and commissioned individual, common (apartment), room metering devices and distributors, the fact of their presence or absence;
b) to verify the reliability of information provided by consumers about the readings of individual, general (apartment), room metering devices and distributors by comparing them with the readings of the corresponding metering device at the time of the check (in cases where the readings of such metering devices and distributors are carried out by consumers)».

Section 83 of Rule 354 sets limits on the frequency of Checks:
« 83. The checks specified in paragraph 82 of these Rules must be carried out by the contractor at least once a year, and if the metering devices being checked are located in the consumer's living quarters, then no more than once every 3 months».

Subparagraph “d” of paragraph 32 of Rule 354 partially duplicates paragraph 83 and additionally establishes restrictions on the frequency of Checks for devices installed in non-residential premises and outside premises and households. According to subparagraph "d" of paragraph 32 of Rules 354, the contractor has the right to conduct Checks, but not more than 1 time in 3 months if the meter is installed in a residential area or household, and not more than 1 time per month if the meter is installed in a non-residential indoors, as well as outside the premises and households in a place that the performer can access without the presence of the consumer. At the same time, according to subparagraph “g” of paragraph 34 of Rules 354, the consumer is obliged to allow the contractor to enter the occupied residential premises or household for Checking at a time agreed in advance in the manner specified in paragraph 85 of Rules 354, but not more than 1 time in 3 months.

The above norms do not establish specific terms for conducting Inspections, but only establish restrictions. Some regulations establish more specific deadlines for conducting Inspections in individual cases.

For example, according to subparagraph "k (4)" of paragraph 33 of Rules 354, the consumer has the right to demand Checks from the contractor. The Contractor, in accordance with subparagraph "e (2)" of paragraph 31 of Rule 354, is obliged to carry out the Verification at the request of the consumer within 10 days after receiving such an application.

The parties to the agreement containing the provisions on the provision of public services, i.e. the contractor and consumers of public services, are vested with the right and obligation to determine specific deadlines for conducting inspections. Subparagraph “i” of paragraph 19 of Rule 354 establishes: “ An agreement containing provisions on the provision of public services should include: the frequency and procedure for the contractor to check the presence or absence of individual, common (apartment), room metering devices, distributors and their technical condition, reliability of information provided by the consumer about the readings of such metering devices and distributors».

Non-submission of IPU readings by the consumer

Another case of verification is regulated by paragraph 84 of Rule 354, which establishes: “ If the consumer fails to provide the contractor with the readings of an individual or common (apartment) meter for 6 months in a row, the contractor no later than 15 days from the date of expiration of the specified 6-month period, another period, established by the agreement containing provisions on the provision of public services, and (or) decisions general meeting owners of premises in apartment building, is obliged to carry out the verification specified in paragraph 82 of these Rules and take readings of the meter».

Previously, an article "" was published on the AKATO website, which caused a lot of controversy on the issue of whether the service provider, having carried out the Verification on the basis of paragraph 84 of Rules 354, recalculates the amount of payment for the utility service in accordance with paragraph 61 of Rules 354, since the volume of service actually consumed , determined according to the readings of the device for the period of non-submission of readings, does not coincide with the volume presented for payment for the specified period, calculated on the basis of the average monthly volume and / or consumption standard.

Let's analyze this question.

Paragraph 84 indeed obliges to carry out a Check after 6 months of non-submission by the consumer of information about the readings of the meter. Paragraph 61 indeed establishes that, based on the results of the Check, the contractor is obliged to make a recalculation, however, it should be noted that the recalculation is made in the case, “ if during the verification of the reliability of information provided by the consumer about the readings of individual, general (apartment), room meters and (or) verification of their condition by the contractor, it is established by the contractor that the meter is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the checked meter (distributors) and the volume of the communal resource that was presented by the consumer to the contractor ».

If the consumer did not provide the contractor with information about the readings of metering devices, that is, the volume of the consumed communal resource presented by the consumer is not defined, then it is impossible to determine the discrepancy between the actual readings of the metering device and those presented by the consumer, and since it is the cost of this discrepancy volume that is the size recalculation, then the size of the recalculation is not subject to determination.

Therefore, it is precisely in the event that the consumer does not provide information about the readings of the metering device, clause 61 of Rules 354 is not applicable.

At the same time, paragraph 84 of Rules 354 obliges the contractor, when conducting the Check, after a 6-month period of non-submission of meter readings by the consumer, to take readings of this meter. However, not a single rule indicates that the contractor is obliged to apply the testimony taken when determining the amount of the recalculation, including the use of the testimony taken by the contractor is not provided about and paragraph 61 of Rule 354.

Application of paragraph 61

Based on the foregoing, clause 61 of Rules 354 applies only if, during the Verification, the fact of the consumer transmitting unreliable meter readings is revealed. Such a Check can be carried out either at the initiative of the contractor (subparagraph "g" of paragraph 31, subparagraph "d" of paragraph 32, paragraph 82 of Rule 354), or at the initiative of the consumer (subparagraph "e (2)" of paragraph 31 and subparagraph "k (4 )" of paragraph 33 of Rules 354), or in accordance with the approved contract for the provision of public services in the manner and frequency (subparagraph "i" of paragraph 19 of Rules 354).

Consider examples of the application of paragraph 61 of Rule 354.

Example 1

Let the contractor check the consumer metering device on the first day of the month N1 and establish that the readings of the IPU of consumption cold water are 100 cubic meters. In month N2, the consumer submitted meter readings of 102 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer informed the executor of IPU readings of 105 cubic meters, the executor presented for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer informed the executor of IPU readings of 107 cubic meters, the executor presented for payment the consumption of 2 cubic meters of water for month N3. In the same month, N4, the contractor conducted a Check of the meter and found that the transmitted readings of the meter are unreliable, and in fact the device at the time of the Check shows 110 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:
- sets the discrepancy volume in the amount of 3 cubic meters (110-107);
- sends to the consumer, within the period established for paying for the volume of water for the month N4, a request for making an additional charge in the amount of the cost of 3 cubic meters of water;
- if the consumer in the month N5 transmitted the readings of the device in the amount of 112 cubic meters, then the contractor in the month N5 submits for payment for the month N4 the identified discrepancy in the volume of 3 cubic meters and the volume transferred by the consumer is 2 cubic meters (112-110), then there are only 5 cubic meters.

On a monthly basis, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 5 cubic meters, total - 12 cubic meters. It is 12 cubic meters that makes up the difference between the readings of the meter at the time of the Check in month N1 (100 cubic meters) and the readings of the device transmitted by the consumer in month N5 (112 cubic meters).

Example 2

Let the performer in the above Example 1, during the Check in month N4, establish that the actual readings of the IPU are 106 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:
- sets the discrepancy volume in the amount of 1 cubic meter (107-106);
- sends to the consumer, within the period established for paying for the volume of water for the month N4, a notice on the amount of the overcharged consumer for water in the amount of 1 cubic meter;
- if the consumer in the month N5 transmitted the readings of the device in the amount of 109 cubic meters, then the contractor in the month N5 takes into account the overpaid volume of 1 cubic meter and the volume transferred by the consumer of 3 cubic meters (109-106), that is, only 2 cubic meters .

On a monthly basis, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 2 cubic meters, total - 9 cubic meters. It is 9 cubic meters that makes up the difference between the readings of the meter at the time of the Check in month N1 (100 cubic meters) and the readings of the device transmitted by the consumer in month N5 (109 cubic meters).

Inapplicability of paragraph 61

Example 1

The contractor presented to the consumer for payment in the month N5 for the month N4 the volume of 3 cubic meters, in the month N6 for the month N5 - 3 cubic meters and in the month N7 for the month N6 - 3 cubic meters. In month 7, the contractor conducted a Check and found that the readings of the meter are 15 cubic meters. The performer defines these readings as the initial readings of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and recalculation in accordance with paragraph 61 of Rule 354 is possible only if the IPU readings are found to be unreliable.

Despite the fact that, according to the testimony of the IPU, for 6 months the consumer consumed 15 cubic meters (15-0), he was presented with payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually paid for 3 cubic meters not consumed by him, but this is exactly the procedure established by the current legislation.

Example 2

Let the executor take into account the IPI of the consumer from the first day of the month N1 and establish that the indications of the IPI of cold water consumption are 0 cubic meters. In month N2, the consumer submitted meter readings of 2 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer informed the executor of IPU readings of 5 cubic meters, the executor presented for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer informed the contractor of IPU readings of 9 cubic meters, the contractor presented for payment the consumption of 4 cubic meters of water for month N3.

Further, the consumer stopped transmitting the meter readings to the contractor, and the contractor began to calculate according to the average monthly readings of the meter (), which for three months amounted to (9-0) / 3 = 3 cubic meters

The contractor presented to the consumer for payment in the month N5 for the month N4 the volume of 3 cubic meters, in the month N6 for the month N5 - 3 cubic meters and in the month N7 for the month N6 - 3 cubic meters. In month 7, the Contractor conducted a Check and found that the meter reading was 20 cubic meters. The performer defines these readings as the initial readings of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and recalculation in accordance with paragraph 61 of Rule 354 is possible only if unreliability is detected transferred by the consumer to the contractor IPU readings.

Despite the fact that according to the testimony of the IPU for 6 months, the consumer consumed 20 cubic meters (20-0), he was presented with payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually consumed 2 cubic meters of water more than he paid for, but this is exactly the procedure established by the current legislation. The indicated 2 cubic meters will increase the amount of communal resources consumed in the maintenance of common property, and will be a loss for the utility services provider.

conclusions

Establishes that the contractor is obliged to recalculate if, during the verification of the reliability of the information provided by the consumer about the readings of individual, general (apartment), room meters and (or) checking their condition by the contractor, it is established that the meter is in good condition, in including the seals on it are not damaged, but there are discrepancies between the readings of the checked meter (distributors) and the volume of the communal resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service for the billing period preceding the verification.

The specified norm is applicable only if the consumer provided the contractor with false information about the readings of the meter, but is not applicable if the consumer did not report the IPU readings to the contractor at all.

Note: The analysis of paragraph 61 of Rules 354 was carried out at the request of Yugo-Zapadnoye LLC.
If you have any suggestions for clarification topical issues housing sector,
You can send relevant appeals to AKATO by e-mail
If AKATO experts agree with the need to analyze the issues you proposed,
the corresponding article will be prepared and published on the AKATO website.

***************************************************************

Relations between public utilities and citizens are governed by the rules for the provision of public services by the RF Government Resolution No. 354, as amended in 2017. Read the article about the basic rights and obligations of consumers and suppliers of housing and communal services, as well as disputes between the parties.

from the article you will learn:

Since 2011, the interaction between consumers of housing and communal services and those who provide them has been described in Government Decree No. 354 - the rules for the provision of communal services. This piece of legislation is regularly updated. The latest revision was released on September 9, 2017.

Rules for the provision of utility services according to RF PP No. 354

Until 2011, the relationship between consumers and public utilities was regulated by RF PP No. 307. With the entry into force of the RF GD No. 354, many rules have changed. Among other things, the following innovations appeared in the resolution:

introduced ODN, often becoming the cause of disputes between citizens and management companies;
it became possible to check the quality of provided public services with the help of expertise;
the period of debt for disconnecting services was reduced from 6 to 3 months;
it became possible to pay for housing and communal services directly to resource workers;
consumers received the right to install metering devices in separate rooms (this is necessary mainly in communal apartments), and so on.

In general, the purpose of the document remained the same, although its volume doubled. Obviously, every year there are more and more nuances that need to be included in the rules for the provision of public services. For this reason, there are changes in the decision. The explanations prepared by specialists working in the housing and communal services sector help to understand them.

What is included in the list of utilities?

Obtaining public services is one of the basic rights of a citizen of the Russian Federation, regardless of his place of residence. Required list HCS is supplied to homes on a permanent basis throughout the year. The only exception is heating. Heat is supplied according to a special regulation issued in each region, depending on weather and climatic conditions.

The rules for the provision of utilities allow the shutdown of all types of resources in case of repairs or accidents. For such situations, the maximum allowable duration is indicated. It is calculated for the reporting period. If during this period the number and duration of utility outages exceed established norms, then tenants can formally file a claim.

We list the types of public services that citizens should be provided with.

1. Power supply. Its submission is mandatory, and any interruption is considered an extreme situation and is eliminated as soon as possible. Electricity is supplied without interruption at any time of the day. Its capacity, according to the rules for the provision of public services, must meet the needs of residents.
2. Cold water supply. Cold water supply is carried out according to the citywide or local network. If it turns off, then delivery will be arranged. drinking water to the column within walking distance. When supplying water, the following requirements are mandatory:
- compliance with sanitary standards;
- proper pressure;
- uninterrupted supply.
3. Hot water supply. The supply is carried out through the central water supply. In its absence, common house or intra-apartment heating devices are used.
4. Disposal of sewage. When water is brought in, its removal is also arranged in parallel. The sewerage system in the dwelling includes common pipe(riser) and pipes going to it from each of the points of water intake.
5. Heating. During the cold season is available around the clock. The rules for the provision of utilities determine the minimum air temperature that must be maintained in the home.
6. Gas. Houses are most often connected to the gas supply using the main gas pipeline. If it is not available, then it is permissible to use gas from replaceable cylinders or storage facilities specially equipped for it.

The set of utilities depends on the level of home improvement and can vary significantly. If tenants do not receive any resources, then the amount of monthly payment for housing and communal services will be lower. All these points are prescribed in the contract with the service organization.

Changes in Government Decree 354 for 2017-2018

The rules for the provision of public services to citizens in 2017, defined in the RF GD No. 354, once again received a number of changes. The adjustments relate to the most relevant issues for consumers and public utilities. Here are some important updates:

parking spaces began to be considered non-residential premises and individual real estate objects;
public utilities have the right to install control seals and other devices to track illegal interference in the operation of metering devices;
management companies can be fined for unreasonably high rates. This requires a consumer request.

The rules for the provision of public services 354 with changes can be found directly on our website. In the article you will find a link to the current version of this document.

Payment for utility services

Consumers of housing and communal services are obliged to pay them in full every month. Along with duties, citizens also receive a certain set of rights. Utilities must be of an appropriate quality. If the management company does not properly fulfill its obligations, tenants can terminate the contract with it and choose another organization.

In addition to the resources listed above, the consumption of which is monitored by meters or standards, residents pay for a number of other services. The invoice includes the following expenses:

for maintenance high-rise building;
for execution overhaul;
maintenance of elevators (if any);
for the export of solid household waste;
for cleaning entrances, adjoining territory and other common property;
to pay for intercoms.

According to the rules for the provision of public services, all these costs are calculated in the management company and entered into the receipt. In some cases, it forms enough a large number of points that are not always possible to deal with the first time. Moreover, each figure must have a justification. Any article fits in in accordance with the current tariffs and prices.

In the receipt, expenditure items are divided into personal, related to a particular apartment, and general house consumption. Many categories of citizens have benefits for paying utility bills. They are indicated as a justification for applying the reduced tariff.

Rights and obligations of consumers and service providers

The rules for the provision of utilities provide strict regulation of the legal relationship between utility providers and their consumers. Chapters 4 and 5 are devoted to this.

The service organization, in accordance with its set of rights and obligations, must (may):

timely provide residents of CU. It is engaged not only in providing the resources specified in the contract with the consumer, but also serves the territory adjacent to the high-rise building, common and apartment premises;
accept requests for repairs and execute them, timely troubleshoot, maintain the house in good condition;
demand timely payment for services deadlines, accrue penalties and fines for their violations. At the same time, the receipt must necessarily indicate the period in which the consumer needs to deposit money;
receive compensation from the state for beneficiaries paying utility bills at reduced rates;
monitor how the rules of operation are observed engineering networks and technical means;
check the meters installed in the apartments, the state of communications;
have access to all premises.

In accordance with the rules for the provision of public utilities, the management companies themselves conclude contracts with utility providers. Residents should be alerted to emergencies that concern them. Announcements about repairs, deadlines for eliminating accidents and other deviations are posted on boards accessible to all residents.

Consumers have their own rights and obligations. In particular, they must (may):

receive quality services in required volume;
apply for verification of the calculations made with the correction of detected errors;
receive acts and other relevant legal force documents that confirm the damage from accidents for its further compensation;
be sure to report to emergency services about force majeure situations;
timely and fully pay for the received housing and communal services.

The rules for the provision of public services warn consumers against various unauthorized actions. If found, significant fines can be imposed.

Settlement of disputes between consumers and utility providers

The main disputes in the field of housing and communal services are related to:

delayed payments by consumers;
the commission of unlawful actions by tenants (interference with the work of meters, damage to common house property, and so on);
erroneous calculation of payment for CU;
failure of the service organization to fulfill its obligations.

The Criminal Code, according to the rules for the provision of public services, can deal with non-payers of penalties and the disconnection of supplied resources. Contractual debtors can meet halfway and provide installments to repay the debt. Illegal acts are punishable by fines. They can be imposed and collected, including in court.

Consumers, in the event of a complaint, turn first of all to the management company. Most violations are eliminated in this way. In addition to the Criminal Code itself, disputes can be considered:

the administration of the municipality;
housing inspection;
Rospotrebnadzor;
the prosecutor's office;
court.

Attached files

Rules for the provision of public services to citizens according to the RF PP No. 354.doc

All conscientious citizens are interested current rules determining the amount of payments for utilities, established at the moment.

Therefore, in accordance with the provisions of Decree 354, important significant nuances can be determined and certain answers can be given regarding the legality of certain actions.

Every citizen of the Russian Federation is considered a consumer of real state resources. The basis for the provision of such resources is an agreement concluded with public utilities.

In accordance with the Law under consideration, all citizens of the Russian Federation have the opportunity to exercise recalculation of payments for the provision of public services. The updated edition and the additions developed to it provide comprehensive information for owners and ordinary users of residential premises regarding possible situations that arise. In legal relations, the state itself acts as a guarantor.

What is covered in this law

The signing of the Decree was carried out in June 2011. Like other existing legislative acts, this Decree does require the definition of several very significant amendments, which are formulated on an ongoing basis without specific reference to any period.

In accordance with the latest changes introduced, the general house needs of citizens for the supply of electricity are also considered in this regulatory act.

We suggest paying attention to changes relevant today:

In the decision in question clearly regulated approved norms of consumption and further payment for various resources by owners or ordinary users of residential premises. The updated version will provide clarifications in a certain period, more specifically, when charging for a full package of services is carried out.

Decree No. 354 explains in detail not only rules of work and the procedure for depositing cash funds as payment for the services of territorial communal organizations and housing and communal services, but is also considered a specially developed project, the current provisions of which must be complied with. The procedure for fulfilling the conditions and additional documentation must be given in the annex to the resolution.

From September next year carried out planned distribution for a specific performer. Starting from 2016, citizens are exempted from the obligation to regularly provide readings of measuring instruments that record the consumption of a communal apartment. After making certain adjustments to the resolution under consideration, a simplified payment scheme for heat begins to operate.

If we consider question of community needs, then the current resolution indicates the scheme for revising the coefficients current rules for water supply. It also provides for a procedure for equipping systems that ensure the satisfaction of general house needs with measuring instruments. The President of the Russian Federation signed a decree, according to which the established tariffication should be reduced by about 10-15%, taking into account the specific region of residence.

AT heating billing issues residential premises this year, the established tariffs were adjusted. In this situation, citizens can count on a reduction in the cost of certain services by approximately 15%. On the provision of utilities, a new section has been added describing the rules for supplying heat to apartment buildings. Starting from this year, the corresponding decision of the Government came into effect.

If we take into account the general needs of the house, then payment must be made in accordance with the current tariff plans. All comprehensive information on this issue can be obtained from the housing and communal services. If the electricity supply is interrupted for some time, a mandatory recalculation will be carried out in accordance with the established tariffs.

Responsibility of the parties

On the performer Responsibility is assigned to domestic law in such situations:

If the contractor has violated the rules for providing sufficient quality services, the consumer can count on exemption from the need to pay for them. Also, the consumer in such a situation can claim a penalty to the extent provided for by the legislation of the Russian Federation.

The performer may expect exemption from liability for the provided low-quality utilities in a situation where the deterioration occurred due to insurmountable circumstances or as a result of the actions of the consumer himself. Insurmountable obstacles are not related to committed violations of obligations by counterparties of the approved contractor, lack of necessary funds to ensure the quality of the services provided.

Regardless of whether any contract was concluded between the performer and the consumer, compensation for damage as a result of the provision of insufficiently high-quality public services, it is still provided for by law. If a certain damage has been caused to the life or health of the consumer, compensation is provided for within the next 10 years from the date of provision of insufficiently high-quality service. The maximum term for filing a lawsuit for the possibility of considering the fact of damage caused to the consumer is 3 years.

If the service provider causes damage to the health or property of the consumer for certain reasons, the latter must draw up an appropriate act in several copies (one for each party to the agreement, if one was signed). If the consumer, in order to restore the violated right through the fault of public utilities, has incurred certain expenses, he can count on their subsequent reimbursement.

Recalculation procedure

The recalculation of payments for certain utility services rendered during the period when the consumer was temporarily absent from the residential premises is carried out in the manner determined by the norms of domestic legislation.

For such services not applicable space heating.

Recalculation available in a situation where there are no metering devices in the living room, the installation of which is impossible for technical reasons. If it is not possible to confirm the absence of a real technical feasibility installation of meters, or in a situation where faulty meters are not repaired in accordance with the prescribed instructions, the recalculation procedure will not be carried out. Utilities provided for general house needs are not subject to any recalculation in the absence of the consumer in the dwelling.

Recalculation of payments for the provided utilities is carried out taking into account the number of calendar days falling on the absence of the consumer in the dwelling. The date of departure and arrival is not included in the total number of days of absence. The recalculation is traditionally performed by the contractor within the next 5 business days from the date of receipt of the notification from the consumer in the form of a signed application.

The quality of services provided by contractors must necessarily comply with the standards established by domestic legislation. If the consumer does not receive what he pays for, he has the right to demand compensation.

Recent Key Changes

Decree No. 354 regulates certain requirements for payment documentation, for example, invoices, receipts for paying rent.

The main change is the need strict indication of the size of ODN(general house needs) in certain places of the issued payment document.

The new rules also indicate the need for prior adoption of appropriate measures by the owner, who has a non-working measuring device . An act indicating that the meters are not functioning properly is drawn up in advance. The organization involved in the installation or repair of measuring devices can be chosen arbitrarily by the consumer of utilities. In the first days of each month, accruals are made in accordance with the indicators of the counters.

Here are the latest changes, introduced by the Government of the Russian Federation in Decree No. 354, which you should pay attention to:

All accruals for general house needs (water disposal, heating, electrical energy, cold and hot water) are now categorized as housing and are included under housing costs.
When calculating common house costs, a formula is now used that determines the balance between the readings of accounting common house and apartment devices. In the absence of meters installed on the house, the amount of general house deductions is determined based on the area of \u200b\u200bthe apartment and the total area of common house property (calculated proportionally).
Standards have been introduced that should be applied when calculating general house expenses. After the start of their application, all excesses will be paid at the expense of the HOA or management companies.
If the owner of the apartment was temporarily absent, then the recalculation of energy costs will be carried out only if there are meters for gas and water in the room. Otherwise, the owner will need to document the fact of his absence, after which he will be recalculated.
If no one is registered in the apartment, then deductions for housing and communal services are calculated depending on the number of owners.

This legislation is described in the following video lecture: