Who should pay for the installation of common house metering devices - from and to. Common house water meters Federal law on common house meters
The question is not idle. Very often, when attending general meetings or talking on social networks, I come across the same question: At whose expense are collective (common house) metering devices, common house meters in the common people. And I always answer: at the expense of the owners of premises in apartment buildings.
Let's see why these meters are installed at the expense of the owners, and not, say, at the expense of resource supply or management organizations.
The law governing disputed relations is the Federal Law of November 23, 2009 N 261-FZ “On Energy Saving and Energy Efficiency Improvement and on Amendments to Certain Legislative Acts Russian Federation", part 5 of which establishes that before July 1, 2012, the owners of premises in apartment buildings put into operation on the day this Federal Law enters into force are required to ensure that such houses are equipped with meters for used water, heat energy, electrical energy, as well as putting the installed metering devices into operation. At the same time, apartment buildings within the specified period must be equipped with collective (common house) metering devices for used water, heat energy, electric energy, as well as individual and common (for a communal apartment) metering devices for used water, electric energy.
And according to paragraph 13 of the Decree of the Government of the Russian Federation of 06.05.2011 N 354 “On the provision utilities owners and users of premises in apartment buildings and residential buildings" the provision of public services is provided by the managing organization, partnership or cooperative or by the organization specified in subparagraph “b” of paragraph 10 of these Rules, by concluding agreements with resource supply organizations on the acquisition of communal resources in order to use such resources in the provision of communal services to consumers, including through their use in production certain types utilities (heating, hot water supply) with the use of equipment that is part of the common property of the owners of premises in apartment building and proper performance of such contracts.
The list of common property is set out as art. 36 of the Housing Code of the Russian Federation, and in sub. "e (1)" of paragraph 2 of the Rules for the maintenance of common property in an apartment building, approved by Government Decree No. 491 of August 13, 2006, according to which automated information and measurement systems for accounting for the consumption of communal resources and services are included in the common property, in including a set of measuring complexes (metering devices, devices for collecting and transmitting data, software products for collecting, storing and transmitting metering data), in cases if installed at the expense of the owners of premises in an apartment building, including as part of the obligation to install devices accounting in accordance with the requirements of the Federal Law “On Energy Saving and Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation”.
Therefore, common house meters belong to the common property of an apartment building and, by virtue of clause 28 of the above Decree 491, the owners of the premises are required to bear the burden of the costs of maintaining the common property in proportion to their shares in the common ownership of this property by paying.
We return to the requirements of the Federal Law of November 23, 2009 N 261-ФЗ “On Energy Saving and on Increasing Energy Efficiency”, namely to its part 12, which establishes that a person who has not fulfilled the obligation to equip these facilities with metering devices for the energy resources used , must ensure the admission of these organizations to the places of installation of metering devices used for energy resources and pay the costs of these organizations for the installation of these metering devices. In case of refusal to pay expenses on a voluntary basis, a person who has not fulfilled the obligation to equip these facilities with metering devices for the energy resources used within the prescribed period must also pay the expenses incurred by these organizations due to the need for enforcement. At the same time, citizens - owners of residential buildings, country houses or garden houses, citizens - owners of premises in multi-apartment buildings, who have not fulfilled the obligations stipulated by
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Today, it is becoming less and less profitable for management companies to do without a common house metering device (ODPU). In accordance with the Decree of the Government of the Russian Federation of April 16, 2013 No. 344, in relation to objects where general house meters have not yet been installed, multiplying coefficients to the standards are already beginning to operate.
And by 2017, the ratio will increase to 1.6 times.
In this article, we will tell you who should pay for common house metering devices, and how to organize the installation of a common house meter in an apartment building.
- Do I need a common house meter if there are IPUs in the apartments
- How do owners pay for installation?
Why do you need a common house meter
A common house metering device allows you to control the actual consumption of a resource within a house and record the real volumes of the delivered resource - water, electricity, gas and heat. That is why, first of all, the LPDU is established in order not to overpay for the amount of losses on the backbone networks of the supplier.
Utility costs are formed by 2 factors: the amount of resource consumed and approved tariffs. Tariffs for housing and communal services are growing every six months, and the consumer has no opportunity to influence their growth. Nevertheless, by influencing the second factor - the amount of resource consumed, the management company and apartment owners have a real opportunity to save costs.
Installation of ODPU allows:
- pay for the consumption of the resource after the fact;
- to distinguish between losses for losses on the backbone networks between RSO and owners;
- fix the loss of resources.
Thus, the presence of an HLR is the only way to determine the real consumption of resources in a house.
Do I need a common house meter if the apartments have individual metering devices
If individual metering devices (IPUs) are installed in the apartments, the owners pay for what they actually consumed. However, in addition to individual consumption, in receipts for payment for communal resources, there is also a general house expense (ODN).
Ideally, the category of common house expenses should include resource consumption for servicing common house areas. But in practice, this category includes the entire resource that was not taken into account by individual metering devices - including all kinds of leaks. As a result, the volume of the resource written off in the ODN column can grow to anomalous sizes of 30% of individual consumption and more. While "normal" is considered ODN, not exceeding 1.5-2%.
In the absence of a common house meter, it is impossible to determine where the leaks are. They can be both in the system of the house itself, and in networks from the resource organization to the house.
The presence of general house accounting makes it possible to pay only for the resource that was actually delivered to the house.
In itself, the presence of a common house meter does not save you from an overestimated ODN - there are still leaks inside the house itself and about a dozen more reasons that affect the growth of this expense item.
However, the installation of a common house meter is the first step towards reducing costs.
In which houses is it necessary to install a common house metering device
The installation of common house meters depends on the degree of improvement of the house. Common house meters for water, electricity, gas and heat must be in houses connected to electrical networks centralized power supply, as well as to systems:
- district heating;
- centralized water supply;
- centralized gas supply;
- other systems of centralized supply of energy resources.
At the same time, such requirements do not apply to dilapidated, emergency facilities, and to facilities in which:
- power consumption of electrical energy is less than 5 kWh;
- the maximum volume of heat energy consumption is less than two tenths of Gcal/h;
- maximum consumption natural gas is less than 2 m³/h.
Who pays for the installation of communal metering devices
In accordance with the Federal Law "On Energy Saving", the cost of installing an ODPU is fully borne by the owners of a residential building.
The owners of the premises are obliged to pay the costs of installing a common house metering device on the basis of invoices, except for cases when such costs were included in the payment for the maintenance and repair of the residential premises and (or) as part of mandatory payments and (or) contributions related to the payment of expenses on content, current and overhaul common property. RF GD dated August 13, 2006 No. 491, p. 38(1)
When installing common house metering devices, each owner is presented with an invoice for payment, in which, in addition to general information about the cost of the FSL, there is information about how much a particular owner must pay.
The expenses of each owner are determined in the form of a share proportional to the share in the common ownership of the common property. To calculate this share, the total area of the premises is divided by the total area of \u200b\u200bthe house and multiplied by the area of common property.
Is it necessary to hold a general meeting of owners
From the "Rules for the maintenance of common property in an apartment building" it follows that ODPU are common property. In particular, such meters are part of the intra-house engineering systems. Therefore, for the installation of ODPU, a decision of the general meeting of the owners of the premises is required. Owners must be informed of the need to hold such a meeting Management Company.
According to paragraph 5 of Article 9.16 of the Code of Administrative Offenses, if the organizations responsible for the maintenance of the MKD evade the development and communication of information about measures aimed at energy saving to homeowners, the supervisory authority in relation to the Criminal Code, the HOA will send an order to impose administrative liability in the form of a fine :
- for official in the amount of cuts;
- for a legal entity - otdoruble.
How do owners pay for the installation of common house meters
Payment for the installation of ODPU is made in one of the following ways:
- One-time deposit in 100% amount cash before or after installation of the meter.
- Use the right of installment for 5 years. In this case, the owner's share for paying for a common house metering device is billed in the utility bill in equal installments over a period of 5 years. At the same time, in addition to the cost of the device, an additional interest is paid for the installment plan in the amount of the refinancing rate of the Central Bank of the Russian Federation.
- Use the funds of the utility services provider allocated for energy saving and energy efficiency measures.
Funds allocated for energy saving measures
In accordance with Decree of the Government of the Russian Federation No. 354 of 05/06/2011 "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings", the utility service provider must direct the difference between the standard and the amount, taking into account the multiplying factor, to energy saving measures.
Since the difference between the standard and the amount, taking into account the multiplying factor, can only be directed to energy saving measures, such funds have a target spending character, and according to the rules accounting it is necessary to ensure their separate accounting and storage from other receipts.
In this case, the amount without standards would be as follows: 7 x 14.63 \u003d 102.41 rubles.
Thus, the difference between the standard and the amount, taking into account the multiplying coefficient for water, is: 143.41 \u003d 39.96 rubles. It is this amount that should be directed by the contractor to energy saving measures.
The installation of a common house metering device is considered an energy saving measure, therefore, if the owners of the MKD decide to install a metering device and there are targeted savings on the account of the utility service provider, they must be directed to pay for the installation of the ODPU.
If the owners refuse to pay for the installation
In the event that the owners refuse to pay for the installation of the ODPU, such devices will be forcibly installed by the resource supply organization.
In accordance with paragraph 12 of Article 13 of the Federal Law "On Energy Saving", the owners are obliged to provide access to the RSO employees to the installation sites of meters and pay the costs of installing metering devices. In case of refusal to reimburse the resource supplying organization for installation costs, the owners will additionally have to pay the costs associated with enforcement.
Why installation work is not carried out at the expense of current repair funds
Maintenance- this is a timely scheduled preventive maintenance of utility systems, the main way to eliminate malfunctions and minor damage. The purpose of maintenance is to protect property from premature wear and tear.
In accordance with " Methodological guide for the Maintenance and Repair of the Housing Stock” (MDK 2–04.2004), the cost of current repairs of the building should be at least 0.4–0.55% of its replacement cost. Misappropriation of current repair funds violates the scheduled preventive maintenance schedule, the systematic failure of which can lead to an emergency, sudden failure of pumping equipment, collapse of utility facilities, as well as disruption of building elements and energy metering units.
Compliance with the schedule for scheduled maintenance is the main condition for the environmental and technical safety of residents living in the house. Therefore, in practice, payment for the installation of common house metering devices occurs either at the expense of the owners, or from separate targeted savings for energy saving at home.
ODPU - the first step towards automated collection of evidence
Installation of common house meters - important step in the field of energy saving and since 2013 is mandatory for those houses whose condition allows installation.
The obligation to install the ODPU is assigned to the owners of the premises in an apartment building. At the same time, the tasks of the management company include notifying the owners of the need for such an installation and monitoring the implementation at all stages.
The presence of common house meters gives the management company the opportunity not only to reduce the ODN in their home, but also to deploy a full-fledged automated reading system. To date, such systems have already received wide use in apartment buildings due to the possibility of quick processing of indications, savings on staff and increasing the collection of payments.
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Law on common house water meters
The President of Russia signed federal law No. 258-FZ on payment of bills for common household needs at collective meters. A message about this was posted on the Kremlin website.
What defines the law
The law now enshrined a norm that allows residents of the house to independently choose the method of payment for utilities - by meters or by standards.
The new law also establishes the priority of meters over standards when calculating the amount of payment for common house utilities - electricity, sewerage and water, and allows residents of houses already equipped with collective meters to demand recalculation.
In the event that meters that take into account the costs of providing the common property of residents with electricity and water are not installed in the house, the volume of consumption is still calculated based on regional standards.
Although now the payment for common house utilities can be recalculated based on the meter readings, however, in practice it is not clear how this will happen, Oleg Sukhov, chairman of the Arbitration Court of Moscow and the Moscow Region, told RBC. “Now meters often offer to install energy supply companies at their own expense. Management companies either specifically collect funds for the installation, or carry out it at the expense of funds that have already been collected as part of general house maintenance, ”Sukhov explained. According to the expert, the adoption of the amendments was due to the fact that "the costs of common house services were actually removed from the legal field." “Given that the standards are set by the regional authorities, overpricing in this area is not uncommon,” Sukhov added.
Chairman of the Society for the Protection of Consumer Rights Mikhail Anshakov explained to RBC that, based on the wording set out in the law, the installation of common house meters will be carried out at the expense of homeowners. “In cases where the house is managed by the HOA and other forms of association of owners, they will decide this issue at the general meeting,” the expert said.
As it was before
Svetlana Razvorotneva, executive director of the non-governmental organization ZhKKH Control, said that the rationing of payments for common house needs had existed before, but this provision was enshrined only in regional laws and in the recommendations of the Ministry of Construction.
“Regions were supposed to adopt norms for paying for common house needs for different types houses. Everything in excess of the norm had to be paid by management companies, ”explained Razvorotneva. According to her, “no one complied with this decree,” and in order for these rules to work, another one was issued. normative act and introduced the corresponding norm into the Housing Code.
However, as a result of these changes, consumers have experienced significant increases in utility bills in some areas in early 2017. “The fact is that in the regions they did not clarify the standards. Secondly, there were different techniques calculation. It often turned out that people were forced to pay more than what came into their house according to metering devices. The Ministry of Construction sent an explanatory letter that they themselves can decide how to pay for ODN - according to the standard or according to the meter. But there was no such norm in the law, ”explained Razvorotneva. According to her, the adoption of this federal law means "the restoration of common sense" (quotes from RIA Novosti).
Olga Panteleeva, head of the unified settlement center of VK Comfort JSC, specializing in the maintenance and management of apartment buildings, agrees with her. According to her, for the end consumer, the calculation of actual costs is the most convenient and transparent, but it must be taken into account that in different months, depending on the season, different amounts will be charged monthly.
“When using the standard, the amount of accrual is constant, but it does not reflect actual consumption and can be either higher or lower than the fact, depending on the energy efficiency class of the building, the available general house equipment, and so on,” Panteleeva said (quotes from RIA Novosti )
Utility debts of Russians
Earlier, the head of the Ministry of Construction, Mikhail Men, said in an interview “ Russian newspaper”, that the debts of the population for utilities reached 645 billion rubles, and the total debt is 1.34 trillion rubles. According to him, the majority of residents "rather disciplined" pay for housing and communal services and debtors among them - 6%. The second group of debtors are legal entities - intermediaries, such as management companies. According to him, the Ministry of Construction expects to solve this problem in the future by excluding intermediaries from the chain of payment for the resources consumed by residents.
The law requires the installation of common house meters by July 1
Latecomers will be fined
Who is required by law to establish common house and individual counters, who should pay for them, what awaits the violators of the law? These questions are answered by the head of the city department for coordination, analysis and tariff regulation of the housing and communal services sector Elena MARCHAK.
Who should pay for the purchase and installation of a common house meter
According to Art. 13 part 5 of the Law on Energy Saving, it is we, the owners of residential premises in an apartment building, “who are obliged to ensure that our houses are equipped with metering devices for used water, natural gas, thermal energy, electric energy, as well as putting the installed metering devices into operation.”
This statement is reinforced by Art. 158 of the Housing Code, which states: “The owner of the premises in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in the apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance and residential renovation.
This means that the owners of the premises will sooner or later have to fork out. At the same time, the process of installing a common meter, as well as the issue of payment for it, can be resolved in different ways.
The tenants themselves decide to install a metering device
Usually this option is chosen in the HOA or in houses with an active house committee. Here, residents understand that the requirements of the law cannot be circumvented, and they also realize the benefits of installing a meter. As a rule, the condition of such houses is satisfactory: they do not require urgent overhaul of the water supply system or electricity, and a considerable amount has already accumulated on the account of the high-rise building.
Its residents decide to spend it on the installation of meters. To do this, they need to convene a general meeting and vote. In this case, the money is withdrawn from the item "Current repairs".
If the funds are not enough, the owners can raise funds for the installation of the meter in addition to the main payments. Here you also need to hold a general meeting and vote for the target collection. If the majority of owners agree to additional expenses, then even those who voted against will have to bear them.
On behalf of the owners of the house, the HOA or the management company will undertake the implementation of this decision.
The counter is installed at the suggestion of the Criminal Code
If tenants are in no hurry to install a common house meter, then the management company must put forward such a proposal. In accordance with Art. 12, paragraph 7 of the Law on Energy Saving, the Criminal Code is obliged to “regularly (at least once a year) develop and bring to the attention of the owners of premises in an apartment building proposals for energy saving and energy efficiency measures that can be carried out in an apartment building.” At the same time, it is required to indicate the costs of implementing these proposals, the volume of the expected reduction in the energy resources used, and the payback period for the proposed measures.
The management company must facilitate the meetings, and the residents must either support the decision to install the meter or reject it.
As for payment, residents will traditionally be offered to use the money under the item “Current repairs” or organize additional fee funds. Sometimes the Criminal Code offers residents to put the meter in installments.
Resources are taken for installation
If until July 2012 a common house metering device has not been installed, then companies that supply electricity, water and heat to the house will take over. Art. 13, paragraph 9 of the law obliges them "to carry out activities for the installation, replacement, operation of metering devices for the energy resources used, the supply of which or the transfer of which they carry out."
Resources will send all the UK and HOA agreement, which will offer a metering device suitable for each particular house. Then they will install the counter themselves. Residents and the service organization, in turn, are obliged to provide such a company with access to basements, networks, and other objects of common house property.
Again, residents will have to pay for the meter, and you can do it in installments up to 5 years. True, interest will also be added to the total cost of the equipment, which should not exceed the refinancing rate of the Central Bank of the Russian Federation, effective on the day of accrual.
It should be noted that the owners will no longer be able to refuse the offered services. If they do not want to voluntarily pay for the meter and the cost of installing it, utility providers will easily recover this money through the courts.
If today the tenants want to install a meter, but there is not enough money in the account of the house and the management company cannot provide an installment plan from their own funds, the law allows the owners to contact the resource supply company and conclude an agreement with it to install the meter. And the company has no right to refuse it.
It may happen that, in order to save money, tenants simply delay the installation of the meter. Then the state will turn on tough, but legal levers: prescriptions and fines will fall on the HOA and the Criminal Code.
The Code will judge and consider
The legislators have provided: it is unlikely that all tenants will rush with pleasure to comply with the law and install meters. Therefore, amendments have been made to the Administrative Code of the Russian Federation, providing for fines and penalties for those who do not have time to acquire metering devices on time.
If a we are talking about HOA, UK, resource-supplying organizations, then here the official and legal entities fines from 5 to 150 thousand rubles threaten.
As for the owners of residential premises, who after July 1 do not pay for the metering device and the costs of the resource supply organization for its installation, they will have to answer in court. In this case, the tenant who lost the claim will also have to pay legal costs, up to and including their enforcement.
Recorded by Anna ZHELEZNYAK.
In Volgograd, common building metering devices are equipped with: electric meters - 56% of residential buildings; cold water supply - 11%; metering devices for hot water supply and heat supply - 25% of high-rise buildings.
In total, 2,853 common house electricity meters, as well as 1,177 heat meters, 56 cold water meters, and 506 hot water meters were installed in Volgograd.
Owners of residential premises must install individual energy metering devices at their own expense. Hot and cold water should appear in our apartments before July 1, 2012, gas meters- until January 1, 2015
Vladimir Agabekov, Head of the Department of Housing and Public Utilities and Fuel and Energy Complex, reported at the next citywide meeting in the City Hall that equipping residential buildings with collective meters is the responsibility of management companies. In this regard, the department of housing and communal services and the fuel and energy complex of the Volgograd administration is working with managing organizations, HOAs and housing cooperatives. In the near future, an inventory of the housing stock will be carried out in all districts of the city in order to equip it with meters.
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General house needs (ODN) from January 1, 2017
The principle of payment for utilities at strictly established rates, depending on the number of residents living (registered) in the apartment, has remained in the distant past. With the development of market relations, each supplier of energy resources: electricity, water, heat became interested in receiving payment for the actually supplied resource, regardless of the problems that a particular consumer had, in full.
This caused the need to radically change the system of payment for the received energy resources both for the owners of the premises and for the management companies (MC, HOA).
But practice has shown that the volume of resources consumed by the owners of the premises differs sharply from the data that the resource supplying organizations recorded using their metering devices. It turned out a situation when a significant part of the resources produced and supplied to the consumer turned out to be unpaid.
Management companies did not want, and in most cases could not, for financial reasons, to attribute the part of the received but not paid resources that were not accounted for by metering devices or calculated on the basis of consumption standards to their account.
Thus, common house needs (ODN) were born - a line in the payment accounts, which was designed to compensate for the difference between the readings of the metering devices of the resource supplying organization and the utilities actually consumed by the owners, accounted for by individual metering devices or calculated on the basis of consumption standards.
Regulatory framework for charging for ODN
The regulatory framework on the basis of which the payment for ODN is currently being calculated includes:
Considering that additional information only leads to an increase in social tension and the refusal of a significant part of the owners to pay incomprehensible or “unfair”, from their point of view, expenses for the maintenance of common property, the State Duma of the Russian Federation on May 29, 2015 adopted Law No. 176-ФЗ which provided for “ disappearance" of the ODN line from receipts for payment from 07/01/2016.
But, the term for the entry into force of the Law was postponed by Decree of the President of the Russian Federation until 01/01/2017, due to the sluggishness of government agencies, utilities, resource-supplying organizations to implement it within the planned time frame.
What is included in common house needs (ODN)
Most owners believe that common house needs include expenses for:
Lighting of the entrance and adjacent territory;
Cleaning expenses;
Expenses for heating entrances and technical rooms.
In addition to the listed energy costs for ODN, they also include:
Alarms and intercoms;
Duty lighting of basements and attics;
Technological losses inside the MKD associated with the features of the electrical equipment installed in it.
This also applies to the payment for consumed resources by enterprises or private companies located in MKD.
The same should apply to the numerous provider companies that use MKD premises to house telecommunications equipment. When placing a receiving antenna on the roof of a house, several residents can use its services, but it is impossible to attribute the cost of electricity for maintaining this telecommunications equipment to ONE. The provider whose equipment is located in the house must pay the bills for the use of electricity.
Household needs in 2017
Despite the fact that there will no longer be an “incomprehensible” and annoying ODN line in the invoices, the payment for them will not disappear anywhere. It’s just that all payments for those consumed for public purposes to maintain the systems of electricity supply, heating, sewerage, and sanitary order in MKD (apartment buildings) will be evenly distributed and added to the payment for consumed utilities in proportion to the share of the owner in common house property.
The method of calculating common house needs will change.
From now on, payments cannot exceed the norms calculated for each of the categories of an apartment building, depending on the period of their commissioning, number of storeys, location area, condition engineering networks and a number of other factors. These standards are approved by decisions of municipal authorities in the regions and are designed to level the difference between charges for the same amount of resources supplied by various management companies and HOAs.
Benefits of ODN Row Exclusion
Only CMs will be able to take advantage of the inclusion of the ODN fee in the invoices. From now on, the ground for a consolidated expression of dissatisfaction at general meetings has been “knocked out” from under the feet of the owners of residential premises. In order to establish what common house needs and in what amount this or that property owner pays, it will be necessary to conduct a full reconciliation of the accounts of at least two owners. This is a tricky business. It is no longer necessary to say that the agenda of the general meeting of MKD owners will henceforth include questions about overstating the payment for ODN.
The line will not be like that. Consequently, everyone will have to express disagreement with the size of tariffs in individually, and seek an answer from the Criminal Code or the HOA - alone.
Do I have to pay for one
The issue of the need to pay for ODN automatically ceases to be relevant from January 1, 2017, since there will no longer be such a separate line in the invoices.
Non-payment of bills for consumed utility services due to the owner's disagreement with the amount of payment for ODN, which are included in his individual bill, entails the application of penalties, up to limiting the use of any communal resource: electricity, water supply. You can only appeal against actions to turn off an energy resource in court. As a rule, courts oblige energy supplying organizations to stop actions to limit the supply of energy resources due to violation of the rules for the sanitary condition of residential premises and violation of the rights of citizens living in residential premises (minor children).
But this does not remove the obligation to repay the existing debt.
Whatever the law is, it is the law. Therefore, whether you like it or not, you have to pay for ODN. The question is how much? But this is allowed in each specific case, and again, only in court.
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We explain why the ODPU is needed and who should pay for its installation.
- In the receipts for payment of housing and communal services for the month of November 2017, the Criminal Code included the column “Payment for the installation of the ODPU”. The amount indicated by the Criminal Code, we will have to pay within five years, plus to all this amount - 40% for bank charges and a commission for paying a receipt every month 10%. From the Criminal Code, there was no notification of the owners of the house about this fee! Earlier, at general meetings, there was a discussion about the possibility of paying for the installation of the ODPU by the owners of the house, but people did not agree, and it was decided to pay for such work at the expense of the "Maintenance of common property" service. And it's not a small amount either! Is the decision of the Criminal Code on additional fees from the owners of our house without their consent legal and is it possible to pay for the installation of the ODPU from the “Maintenance of common property” service?
In accordance with the decree of the government of the Russian Federation, in relation to objects where common house meters have not yet been installed, multiplying coefficients to the standards apply. Since 2017, the coefficient is 1.6. That is, the residents of houses without the CPD pay 1.6 times more. So today, living without a common house meter has become completely unprofitable. This decree has been in force since 2013, but until now, general house meters have not been installed everywhere.
What is a public meter for?
ODPU allows you to control the actual consumption of the resource in the house and record its real volumes - water, electricity, gas and heat. Therefore, first of all, a common house meter is installed in order not to overpay for losses on the backbone networks of the supplier.
The cost of utilities is formed by two factors: the established tariffs and the volume of the consumed resource. Tariffs for housing and communal services are constantly growing, and the consumer has no opportunity to influence this. Nevertheless, by influencing the second factor - the amount of resource consumed, the management company and apartment owners have a real opportunity to save.
Installation of ODPU allows:
pay for the consumption of the resource after the fact;
distinguish between losses for losses on backbone networks between the resource supplying organization and the owners;
fix the loss of resources.
Thus, the presence of an HLR is the only way to determine the real consumption of resources in a house.
Do I need a common house meter if the apartments have individual metering devices?
If individual metering devices (IPU) are installed in the apartments, the owners pay for what they actually consumed. However, in addition to individual consumption, receipts for payment for communal resources also include general house consumption (common house needs - ODN).
Ideally, the category of common house expenses should include the consumption of a resource for servicing common house property (for example, landings, elevators, roofs, attics and basements, playgrounds). But in practice, this category includes the entire resource that was not taken into account by individual metering devices, including all kinds of leaks. As a result, the volume of the resource written off in the ODN column can grow to an abnormal 30% of individual consumption, or even higher. While "normal" is considered ODN, not exceeding 1.5 - 2%.
In the absence of a common house meter, it is impossible to determine where the leaks are. They can be both in the system of the house itself, and in networks from the resource organization to the blast furnace at the approach to it. The presence of ODPU makes it possible to pay only for the amount of the resource that actually came to the house.
In itself, the presence of a common house meter does not save you from an overestimated ODN: there are leaks inside the house itself and about a dozen more reasons that affect the growth of this expense item. However, installing a communal meter is the first step towards reducing costs.
Today, it is becoming less and less profitable for management companies to do without a common house metering device (ODPU). In accordance with the Decree of the Government of the Russian Federation of April 16, 2013 No. 344, in relation to objects where general house meters have not yet been installed, multiplying coefficients to the standards are already beginning to operate. And by 2017, the ratio will increase to 1.6 times.
In this article, we will tell you who should pay for common house metering devices, and how to organize the installation of a common house meter in an apartment building.
Why do you need a common house meter
A common house metering device allows you to control the actual consumption of a resource within a house and record the real volumes of the delivered resource - water, electricity, gas and heat. That is why, first of all, the LPDU is established in order not to overpay for the amount of losses on the backbone networks of the supplier.
Utility costs are formed by 2 factors: the amount of resource consumed and approved tariffs. Tariffs for housing and communal services are growing every six months, and the consumer has no opportunity to influence their growth. Nevertheless, by influencing the second factor - the amount of resource consumed, the management company and apartment owners have a real opportunity to save costs.
Installation of ODPU allows:
- pay for the consumption of the resource after the fact;
- to distinguish between losses for losses on the backbone networks between RSO and owners;
- fix the loss of resources.
Thus, the presence of an HLR is the only way to determine the real consumption of resources in a house.
Do I need a common house meter if the apartments have individual metering devices
If individual metering devices (IPUs) are installed in the apartments, the owners pay for what they actually consumed. However, in addition to individual consumption, in receipts for payment for communal resources, there is also a general house expense (ODN).
Ideally, the category of common house expenses should include resource consumption for servicing common house areas. But in practice, this category includes the entire resource that was not taken into account by individual metering devices - including all kinds of leaks. As a result, the volume of the resource written off in the ODN column can grow to anomalous sizes of 30% of individual consumption and more. While "normal" is considered ODN, not exceeding 1.5-2%.
In the absence of a common house meter, it is impossible to determine where the leaks are. They can be both in the system of the house itself, and in networks from the resource organization to the house.
The presence of general house accounting makes it possible to pay only for the resource that was actually delivered to the house.
In itself, the presence of a common house meter does not save you from an overestimated ODN - there are still leaks inside the house itself and about a dozen more reasons that affect the growth of this expense item.
However, the installation of a common house meter is the first step towards reducing costs.
In which houses is it necessary to install a common house metering device
The installation of common house meters depends on the degree of improvement of the house. Common house water, electricity, gas and heat meters must be in houses connected to centralized power supply networks, as well as to systems:
- district heating;
- centralized water supply;
- centralized gas supply;
- other systems of centralized supply of energy resources.
At the same time, such requirements do not apply to dilapidated, emergency facilities, and to facilities in which:
- power consumption of electrical energy is less than 5 kWh;
- the maximum volume of heat energy consumption is less than two tenths of Gcal/h;
- the maximum consumption of natural gas is less than 2 m³/h.
Who pays for the installation of communal metering devices
In accordance with the Federal Law "On Energy Saving", the cost of installing an ODPU is fully borne by the owners of a residential building.
The owners of the premises are obliged to pay the costs of installing a common house metering device on the basis of invoices, except for cases when such costs were included in the payment for the maintenance and repair of the residential premises and (or) as part of mandatory payments and (or) contributions related to the payment of expenses for the maintenance, current and major repairs of common property. RF GD dated August 13, 2006 No. 491, p. 38(1)
When installing common house metering devices, each owner is presented with an invoice for payment, in which, in addition to general information about the cost of the ODPU, there is information about how much a particular owner must pay.
The expenses of each owner are determined in the form of a share proportional to the share in the common ownership of the common property. To calculate this share, the total area of the premises is divided by the total area of \u200b\u200bthe house and multiplied by the area of common property.
For example, if the area of the premises is 100 m², the area of the house is 9,000 m², and the common property is 1500 m², then the owner's share will be: 100 / 9000 x 1500 = 16.67 m².
Is it necessary to hold a general meeting of owners
From the "Rules for the maintenance of common property in an apartment building" it follows that ODPU are common property. In particular, such meters are part of the building engineering systems. Therefore, for the installation of ODPU, a decision of the general meeting of the owners of the premises is required. The management company must inform the owners of the need to hold such a meeting.
Despite the fact that the role of the management company during the general meeting is limited only to familiarization activities, if the owners are not notified of the need to install metering devices, the management company faces a fine.
According to paragraph 5 of Article 9.16 of the Code of Administrative Offenses, if the organizations responsible for the maintenance of the MKD evade the development and communication of information about measures aimed at energy saving to homeowners, the supervisory authority in relation to the Criminal Code, the HOA will send an order to impose administrative liability in the form of a fine :
- for an official in the amount of 5,000 to 10,000 rubles;
- for a legal entity - from 20,000 to 30,000 rubles.
How do owners pay for the installation of common house meters
Payment for the installation of ODPU is made in one of the following ways:
- One-time 100% deposit of funds before or after installation of the meter.
- Use the right of installment for 5 years. In this case, the owner's share for paying for a common house metering device is billed in the utility bill in equal installments over a period of 5 years. At the same time, in addition to the cost of the device, an additional interest is paid for the installment plan in the amount of the refinancing rate of the Central Bank of the Russian Federation.
- Use the funds of the utility services provider allocated for energy saving and energy efficiency measures.
Funds allocated for energy saving measures
In accordance with Decree of the Government of the Russian Federation No. 354 of 05/06/2011 "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings", the utility service provider must direct the difference between the standard and the amount, taking into account the multiplying factor, to energy saving measures.
Since the difference between the standard and the amount, taking into account the multiplying factor, can only be used for energy saving measures, such funds have a targeted nature of spending, and according to accounting rules, it is necessary to ensure their separate accounting and storage from other receipts.
Consider an example. Let's say the volume of water according to the standard per person per month is 7 m³. The multiplying factor in 2016 is 1.4. At a rate of 14.63 rubles. for 1 m³, we get the following: 7 x 1.4 x 14.63 = 143.37 rubles.
In this case, the amount without standards would be as follows: 7 x 14.63 \u003d 102.41 rubles.
Thus, the difference between the standard and the amount, taking into account the multiplying coefficient for water, is: 143.37 - 102.41 \u003d 39.96 rubles. It is this amount that should be directed by the contractor to energy saving measures.
The installation of a common house metering device is considered an energy saving measure, therefore, if the owners of the MKD decide to install a metering device and there are targeted savings on the account of the utility service provider, they must be directed to pay for the installation of the ODPU.
If the owners refuse to pay for the installation
In the event that the owners refuse to pay for the installation of the ODPU, such devices will be forcibly installed by the resource supply organization.
In accordance with paragraph 12 of Article 13 of the Federal Law "On Energy Saving", the owners are obliged to provide access to the RSO employees to the installation sites of meters and pay the costs of installing metering devices. In case of refusal to reimburse the resource supplying organization for installation costs, the owners will additionally have to pay the costs associated with enforcement.
Why installation work is not carried out at the expense of current repair funds
Maintenance is a timely scheduled preventive maintenance of utility systems, the main way to eliminate malfunctions and minor damage. The purpose of maintenance is to protect property from premature wear and tear.
In accordance with the "Methodological guide for the maintenance and repair of the housing stock" (MDK 2-04.2004), the cost of current repairs of the building should be at least 0.4 - 0.55% of its replacement cost. Misappropriation of current repair funds violates the scheduled preventive maintenance schedule, the systematic failure of which can lead to an emergency, sudden failure of pumping equipment, collapse of utility facilities, as well as disruption of building elements and energy metering units.
It is allowed to carry out work on the installation of an ODPU at the expense of current repairs if the property is in a satisfactory condition. But, as a rule, the physical depreciation of the housing stock is 70–80% and requires reconstruction.
Compliance with the schedule for scheduled maintenance is the main condition for the environmental and technical safety of residents living in the house. Therefore, in practice, payment for the installation of common house metering devices occurs either at the expense of the owners, or from separate targeted savings for energy saving at home.
ODPU - the first step towards automated collection of evidence
The installation of common house meters is an important step in energy saving and has been mandatory since 2013 for those houses whose condition allows installation.
The obligation to install the ODPU is assigned to the owners of the premises in an apartment building. At the same time, the tasks of the management company include notifying the owners of the need for such an installation and monitoring the implementation at all stages.
The presence of common house meters gives the management company the opportunity not only to reduce ODN in their home, but also to deploy a full-fledged automated reading system. To date, such systems have already become widespread in apartment buildings due to the ability to quickly process readings, save on staff and increase the collection of payments.
See the system of automated readings "Strizh"
In continuation of the article.
Latecomers will be fined
Who is required by law to install general house and individual meters, who should pay for them, what awaits violators of the law? These questions are answered by the head of the city department for coordination, analysis and tariff regulation of the housing and communal services sector Elena MARCHAK.
Who should pay for the purchase and installation of a common house meter
According to Art. 13 part 5 of the Law on Energy Saving, it is we, the owners of residential premises in an apartment building, “who are obliged to ensure that our houses are equipped with metering devices for used water, natural gas, thermal energy, electric energy, as well as putting the installed metering devices into operation.”
This statement is reinforced by Art. 158 of the Housing Code, which states: “The owner of the premises in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in the apartment building in proportion to his share in the common ownership of this property by paying a fee for the maintenance and residential renovation.
This means that the owners of the premises will sooner or later have to fork out. At the same time, the process of installing a common meter, as well as the issue of payment for it, can be resolved in different ways.
The tenants themselves decide to install a metering device
Usually this option is chosen in the HOA or in houses with an active house committee. Here, residents understand that the requirements of the law cannot be circumvented, and they also realize the benefits of installing a meter. As a rule, the condition of such houses is satisfactory: they do not require urgent overhaul of the water supply system or electricity, and a considerable amount has already accumulated on the account of the high-rise building.
Its residents decide to spend it on the installation of meters. To do this, they need to convene a general meeting and vote. In this case, the money is withdrawn from the item "Current repairs".
If the funds are not enough, the owners can raise funds for the installation of the meter in addition to the main payments. Here you also need to hold a general meeting and vote for the target collection. If the majority of owners agree to additional expenses, then even those who voted against will have to bear them.
On behalf of the owners of the house, the HOA or the management company will undertake the implementation of this decision.
The counter is installed at the suggestion of the Criminal Code
If tenants are in no hurry to install a common house meter, then the management company must put forward such a proposal. In accordance with Art. 12, paragraph 7 of the Law on Energy Saving, the Criminal Code is obliged to “regularly (at least once a year) develop and bring to the attention of the owners of premises in an apartment building proposals for energy saving and energy efficiency measures that can be carried out in an apartment building.” At the same time, it is required to indicate the costs of implementing these proposals, the volume of the expected reduction in the energy resources used, and the payback period for the proposed measures.
The management company must facilitate the meetings, and the residents must either support the decision to install the meter or reject it.
As for payment, residents will traditionally be offered to use the money under the item “Current repairs” or organize an additional fundraising. Sometimes the Criminal Code offers residents to put the meter in installments.
Resources are taken for installation
If until July 2012 a common house metering device has not been installed, then companies that supply electricity, water and heat to the house will take over. Art. 13, paragraph 9 of the law obliges them "to carry out activities for the installation, replacement, operation of metering devices for the energy resources used, the supply of which or the transfer of which they carry out."
Resource workers will send to all UK and HOA an agreement in which they will offer a metering device suitable for each particular house. Then they will install the counter themselves. Residents and the service organization, in turn, are obliged to provide such a company with access to basements, networks, and other objects of common house property.
Again, residents will have to pay for the meter, and you can do it in installments up to 5 years. True, interest will also be added to the total cost of the equipment, which should not exceed the refinancing rate of the Central Bank of the Russian Federation, effective on the day of accrual.
It should be noted that the owners will no longer be able to refuse the offered services. If they do not want to voluntarily pay for the meter and the cost of installing it, utility providers will easily recover this money through the courts.
If today the tenants want to install a meter, but there is not enough money in the account of the house and the management company cannot provide an installment plan from their own funds, the law allows the owners to contact the resource supply company and conclude an agreement with it to install the meter. And the company has no right to refuse it.
It may happen that, in order to save money, tenants simply delay the installation of the meter. Then the state will turn on tough, but legal levers: prescriptions and fines will fall on the HOA and the Criminal Code.
The Code will judge and consider
The legislators have provided: it is unlikely that all tenants will rush with pleasure to comply with the law and install meters. Therefore, amendments have been made to the Administrative Code of the Russian Federation, providing for fines and penalties for those who do not have time to acquire metering devices on time.
If we are talking about homeowners associations, management companies, resource-supplying organizations, then here officials and legal entities face fines from 5 to 150 thousand rubles.
As for the owners of residential premises, who after July 1 do not pay for the metering device and the costs of the resource supply organization for its installation, they will have to answer in court. In this case, the tenant who lost the claim will also have to pay legal costs, up to and including their enforcement.
Recorded by Anna ZHELEZNYAK.
infographics
In Volgograd, common building metering devices are equipped with: electric meters - 56% of residential buildings; cold water supply - 11%; metering devices for hot water supply and heat supply - 25% of high-rise buildings.
Number:
In total, 2,853 common house electricity meters, as well as 1,177 heat meters, 56 cold water meters, and 506 hot water meters were installed in Volgograd.
Sidebar:
Owners of residential premises must install individual energy metering devices at their own expense. Hot and cold water meters must appear in our apartments before July 1, 2012, gas meters - before January 1, 2015.
To this topic:
Vladimir Agabekov, Head of the Department of Housing and Public Utilities and Fuel and Energy Complex, reported at the next citywide meeting in the City Hall that equipping residential buildings with collective meters is the responsibility of management companies. In this regard, the department of housing and communal services and the fuel and energy complex of the Volgograd administration is working with managing organizations, HOAs and housing cooperatives. In the near future, an inventory of the housing stock will be carried out in all districts of the city in order to equip it with meters.
