Order 354 for housing and communal services. Recalculation for utilities according to the law

The relationship between public utilities and citizens is governed by the rules for the provision of public utilities PP of the Russian Federation No. 354 as amended in 2017. Read about the basic rights and obligations of consumers and suppliers of housing and communal services, as well as disputes between the parties, in the article.

from the article you will learn:

Interaction between consumers of housing and communal services and those who provide them, since 2011, is described in the Government Decree No. 354 - the rules for the provision of communal services. This piece of legislation is regularly revised. Last revised on September 9, 2017.

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

Until 2011, the relationship between consumers and utilities was regulated by the RF Resolution No. 307. With the entry into force of the RF Resolution No. 354, many of the rules have changed. In particular, the following innovations appeared in the resolution:

ODN introduced, often causing disputes between citizens and management companies;
it became possible to check the quality of the provided utilities with the help of expertise;
the debt period for disconnecting services was reduced from 6 to 3 months;
it became possible to pay for housing and communal services directly to resources;
consumers received the right to install metering devices in separate rooms(this is mainly needed 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 utilities. For this reason, changes appear in the decree. The explanations prepared by specialists working in the housing and utilities sector help to understand them.

What is included in the list of utilities?

Receiving utilities is one of the basic rights of a citizen of the Russian Federation, regardless of his place of residence. Required list Housing and communal services are supplied to dwellings on an ongoing basis throughout the year. The only exception is heating. Heat is supplied according to special regulations 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 exceeds the established norms, then tenants can officially file claims.

Let's list the types of public services that citizens should be provided with.

1. Power supply. Its submission is compulsory, and any interruption is considered 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 utilities, must meet the needs of residents.
2. Cold water supply. Innings cold water carried out by city-wide or local network... If it turns off, then delivery is organized 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. Drainage of sewage. When water is supplied, its diversion is also arranged in parallel. The sewerage system in the dwelling includes common pipe(riser) and pipes going to it from each of the draw-off points.
5. Heating. In the cold season, it is carried out around the clock. The rules for the provision of utilities determine the minimum air temperature that must be maintained in a dwelling.
6. Gas. Houses are most often connected to the gas supply using main gas pipeline... If it is not there, then it is permissible to use gas from replaceable cylinders or specially equipped storages 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 monthly payment for housing and communal services will be lower. All these points are spelled out in the contract with the service organization.

Changes in government decree 354 for 2017-2018

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

parking spaces began to be considered non-residential premises and individual real estate objects;
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 appeal.

The rules for the provision of utilities 354, as amended, 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. Together with responsibilities, citizens also receive a certain set of rights. Utilities must be of appropriate quality. If the management company does not properly perform its duties, residents 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, tenants pay for a number of services. Including, the following expenses are registered in the receipt:

for the content multi-storey building;
to execute overhaul;
maintenance of elevators (if any);
for the removal 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 utilities, all these costs are calculated in the management company and entered into the receipt. In some cases, a fairly large number of points are formed in it, which it is far from always possible to deal with the first time. Moreover, each figure must have a justification. Any article fits in accordance with the current tariffs and rates.

In the receipt, expenditure items are divided into personal, related to a specific apartment, and general household consumption. Many categories of citizens have benefits for housing and utility payments. They are indicated as justification for the application of the reduced tariff.

Rights and obligations of consumers and service providers

The rules for the provision of utilities provide a strict regulation of the legal relations between the suppliers of utilities and their consumers. Chapters 4 and 5 are devoted to this.

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

timely provide residents of KU. 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, eliminate faults in a timely manner, maintain the house in good condition;
demand timely payment for services in a timely manner, charge penalties and fines for their violations. At the same time, the receipt must contain a deadline in which the consumer needs to deposit money;
receive compensation from the state for beneficiaries who pay for housing and communal services at reduced rates;
control how the operating rules are followed 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 communal services, the management companies themselves conclude contracts with the suppliers of housing and communal services. Residents should be alerted to emergency situations that affect them. Notices about repairs, deadlines for eliminating accidents and other deviations are posted on boards accessible to all residents.

Consumers are assigned their rights and obligations. Including, they must (may):

receive services of proper quality in the required volume;
apply for a check of the calculations made with the correction of the errors found;
to receive acts and other legally binding documents, with the help of which the damage from accidents is confirmed 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 they are identified, significant fines may be charged.

Settlement of disputes between consumers and utility providers

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

late payments by consumers;
the tenants committing illegal actions (interference with the work of meters, damage to common property, and so on);
erroneous calculation of payment for KU;
failure of the service organization to fulfill its duties.

The Criminal Code, according to the rules for the provision of utilities, can deal with non-payers of fines and the disconnection of supplied resources. Eligible debtors can be accommodated and provided with an installment plan to pay off the debt. Misconduct is punishable by fines. They can be imposed and recovered, including by court.

Consumers, if they have a complaint, first of all contact the management company itself. Most violations are eliminated in this way. In addition to the Criminal Code itself, controversial situations can be considered:

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

Attached files

Rules for the provision of communal services to citizens under the PP of the Russian Federation No. 354.doc

Every citizen is interested in what rule for calculating the cost of utilities is in effect now. Therefore, paragraph of Art. 354 can reveal important questions, and give answers in the way established by the law.

Resolution 354 as last amended 2016,

The regulation from the government of the Russian Federation on utilities was created in June 2011. After that, the law was required to be amended, so every year in April, March, July, May, mid-June and in other months new project with changes. The Russian law for this period operates in accordance with the latest amendments. It is worth investigating this right before considering amendments.

Federal law in Resolution 354 contains the following sections:

Provision of services that the user and the owner of the premises will receive;
Condition and main order of how the service is provided;
Metering devices and calculation of the size of the payment;
Recalculation and accrual for heating, electricity, water;
The issue of canceling the provision of services;
An application where there are calculation rules, as well as the formula and rate standard;
Changes to be made to the act.

The current edition with the latest changes has some amendments in accordance with the current situation in housing and communal services. For December 2015, it was required to approve the amendments, which will enter into force in 2016. Also, the federation made changes to the government's vision of this document in September, April, at the end of January and other months. Many portals, such as consultant plus, pay attention to the text of this provision, so it is worth considering every part of it in the latest revision. on different types services.

About utilities

Regulation number 354 regulates the consumption of housing and communal services resources for owners and users of residential apartments or non-residential premises. In the new edition of the law Russian Federation contains consumption standards and payment for them. For example, the document explains when the settlement force for a utility package begins. Entry into force begins at the time of the emergence of property rights, from the date of the conclusion of the lease for the premises, from the date of the lease and entry into the apartment building. Arbitrage practice confirms the guarantor of compliance with Resolution 354 throughout the Russian Federation, including the Moscow region, Kirov and Perm.

Heating

This section describes the general household needs for providing heating to citizens. This point explains in examples how much, according to the rules, the length of heating should be calculated in terms of time and temperature in the apartment. Temperature and heat are regulated according to the approved standards, the amount of payment for heating is calculated.

By electricity

With this sub-clause, the regulation determines the order in which the supply and distribution of electricity is carried out. the voltage standards, the period that is possible due to a temporary lack of energy, on the verification of lines and on energy saving are indicated. During the year, there is a restriction on the time of absence. The edition contains requirements for line voltage in accordance with GOST.

General House Needs Ordinance 354 To Pay Or Not To Pay?

Many people ask whether or not to pay the bill for the general housekeeping is needed. The Housing Code stipulates that expenses for water supply and other services for general household needs will be evenly entered into each separate receipt. This payment is important in relation to the provision of utilities, so everyone pays receipts.

Recalculation for heating according to the general house meter in accordance with Resolution 354, calculation formula

The contractor will issue an invoice for the light or for hot water on the day of registration of the receipt by the counter. Recalculation for cold water is carried out according to the formula, where the volume for non-residential premises, the volume for apartments are subtracted from the unaccounted volume of water for the accounting period individual consideration, the volume of hot water and the volume of water supply costs and multiplied by the area of the apartment divided by the area of all apartments. Today you can download an application for free, which contains order 354, where there is a calculation form, correction and comments.

The rules for the provision of utilities regulate in great detail the content and procedure for concluding an agreement for the maintenance of residential buildings, the provision and accounting of utilities. The main responsibility for activities in this direction lies with the management companies. For each type of utilities, two payments are introduced: for consumption directly inside the apartment and for consumption for general household needs. The composition of measures for the maintenance of common house property includes measures for energy conservation, installation and reading of metering devices, as well as the costs of maintaining information systems for accounting. These payments are entered on a separate line in the payment receipts. The resolution determines the general procedure for concluding an energy service contract in residential buildings with payment for its results separately from payment for utilities.

On May 23, information was published on the approval of the new Rules for the provision of public services. New Rules have been introduced. With the entry into force of the new Rules, the Government Resolution cancels the Resolution No. 307 of May 23, 2006 and introduces significant changes to the Government Resolutions No. 306 of May 23, 2006 and No. 491 of August 13, 2006. The new Rules are not introduced immediately, but 2 months after the amendments were made to the procedure for establishing and determining the standards for the consumption of utilities in the Government Decree No. 306 of 23.05.2006. The Ministry of Regional Development of Russia was instructed to prepare amendments to this document within the next three months.

The rules for the provision of utilities regulate in great detail the content and procedure for concluding an agreement for the maintenance of residential buildings and the provision and accounting of utilities. The main responsibility for activities in this direction lies with the management companies. Regarding the conclusion of contracts, the Resolution strictly stipulates the condition for the content of contracts: if the consumer has entered into an agreement with the management company that does not comply with the terms of the new Rules, then the provisions of the Government Decree No. 354 of 06.05.2011 are considered the current norm.

For each type of utilities, two payments are introduced: for consumption directly inside the apartment and for consumption for general household needs. At the same time, a standard is introduced for the consumption of utilities for general household needs in apartment building This will streamline the calculations in the case when there is no collective metering device.

The liability of the defaulter has been toughened. Now the restriction on the provision of utilities may not come in 6 months, as it is now, but in 3 months.

Consumers are given the opportunity to conclude direct contracts with resource supplying organizations for the provision of utilities.

The algorithms for payments for utilities have been completely revised, both in the presence of metering devices and in their absence. The rule was excluded when at the end of the year the entire annual imbalance of consumption in an apartment building was distributed to consumers who have individual metering devices.

The actual operator of taking meter readings and the organizer of their operation becomes Management Company... Also, the management company becomes an intermediary in fixing the facts of violation of the quality of the provided utilities.

The composition of measures for the maintenance of common house property includes measures for energy conservation, installation and reading of metering devices, as well as the costs of maintaining information systems for accounting. These payments are entered on a separate line in the payment receipts.

The decree defines the general procedure for concluding an energy service contract in residential buildings with payment for its results separately from payment for utilities. The very form of the energy service agreement should be developed within the next 5 months by the Ministry of Regional Development and the Ministry of Economic Development.

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

Therefore, in accordance with the provisions of Resolution 354, important significant nuances can be determined and certain answers 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 considered to be an agreement concluded with utilities.

In accordance with the law under consideration, all citizens of the Russian Federation have the opportunity to exercise clearing of payments for the provision of utilities. In the updated edition and in the additions developed to it, comprehensive information is provided for owners and ordinary users of residential premises regarding possible situations that arise. In legal relationships, the state itself acts as a guarantor.

What is covered in this law

The signing of the Resolution was carried out in June 2011... Similarly to other existing legislative acts, this Resolution really requires 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 introduced changes, the general household needs of citizens for the supply of electricity are also considered in this regulation.

We suggest paying attention to changes, relevant today:

In the judgment under consideration clearly regulated approved norms of consumption and further payment of various resources by owners or ordinary users of residential premises. The updated edition will provide clarifications in a certain period, more specifically, when the charge is made for a full package of services.

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

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

Considering general house needs, then the current resolution specifies a scheme for revising the coefficients of the current rules for wastewater disposal. There is also 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.

V recalculation issues regarding heating residential premises this year, the established tariffs have been adjusted. In this situation, citizens can count on a decrease in the cost of certain services by about 15%. On the issues of providing utilities, a new section has been added describing the rules for supplying heat to apartment buildings. Starting this year, the relevant 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 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 performer responsibility is assigned to domestic legislation in such situations:

If the contractor has violated the rules for the provision of sufficiently high-quality services, the consumer can count on exemption from the need to pay for them. Also, a consumer in a similar situation can claim a forfeit in the amount stipulated legislative framework RF.

The performer may count on exemption from liability for the provided low-quality utilities in a situation if the deterioration occurred due to the occurrence of insurmountable circumstances or as a result of the actions of the consumer himself. Insurmountable obstacles are not related to the violations of obligations by the contractors of the approved contractor, the lack of the 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 insufficient quality public services, it is still provided for by law. If certain damage has been caused to the life or health of the consumer, compensation is provided within the next 10 years from the date of the provision of insufficient quality services. The maximum period for filing a lawsuit for the possibility of considering the fact of damage caused to the consumer is 3 years.

If the service provider, for certain reasons, causes damage to the health or property of the consumer, 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 incurred certain expenses in order to restore the violated right through the fault of the public utilities, he can count on their subsequent reimbursement.

Recalculation procedure

The recalculation of payments for certain provided utilities during the period when the consumer was temporarily absent from the dwelling is carried out in the manner determined by the norms of domestic legislation.

To such services not applicable heating the room.

Recalculation available in a situation where there are no metering devices in the living quarters, the installation of which is impossible for technical reasons. If it is not possible to confirm the absence of real technical capability 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 a consumer in a residential building.

Recalculation of the amount 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. Recalculation is traditionally performed by the contractor within the next 5 working days from the date of receipt of the notification from the consumer in the form of a signed statement.

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

Recent key changes

Resolution No. 354 regulates certain requirements for payment documents, for example, invoices, receipts for the payment of rent.

The main change is considered to be 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 preliminary adoption of appropriate measures by the owner who has installed non-working measuring device ... An act indicating that the meters are not functioning properly is drawn up in advance. The organization engaged 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 last changes introduced by the Government of the Russian Federation to Resolution No. 354, which are worth paying attention to:

All charges for general household needs (water disposal, heating, electrical energy, cold and hot water) are now classified as housing and are included in the cost of living quarters.
When calculating general house costs, a formula is now used that determines the balance between the readings of the general house and apartment devices. In the absence of meters installed on the house, the size of the general deductions is determined based on the square of the apartment and the total area of the common property (calculated proportionally).
The standards have been introduced that should be applied when calculating general house expenses. After the start of their application, all excess will be paid by 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 gas and water meters 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 legislative act is described in the following video lecture:

Clause 61 of the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved by the RF Resolution No. 354 of 06.05.2011 (hereinafter referred to as Rules 354), provides for the obligation of the utility contractor to recalculate if, when checking the accuracy of information on the readings of an individual metering device (hereinafter - IPU) discrepancies were revealed between the information provided by the consumer and the actual readings of the IPU. In this article, we will analyze the cases in which the recalculation is carried out in accordance with paragraph 61 of Rules 354, and the cases in which the specified rule is not applicable.

What does paragraph 61 of Rule 354 provide?

To quote paragraph 61 of Rule 354: “ 61. If, in the course of the contractor's verification of the reliability of the information provided by the consumer about the indications of individual, general (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good condition, including the seals on it damaged, but there are discrepancies between the readings of the meter (distributors) being checked and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for utility services for the previous inspection settlement period, then the contractor is obliged to recalculate the amount of payment for utilities and send to the consumer, within the time limits established for payment of utilities for the billing period in which the contractor carried out the check, a requirement to pay an additional charge for the utilities provided to the consumer or a notification of the amount of utilities services overcharged to the consumer. The amounts overpaid by the consumer are subject to offset when paying for future billing periods.

The recalculation of the size of the fee should be made based on the readings of the checked meter taken by the contractor during the check.

At the same time, unless the consumer proves otherwise, the volume (quantity) of the utility resource in the amount of the revealed difference in readings is considered consumed by the consumer during the settlement period in which the contractor carried out the check».

From the given norm follows:

1. Recalculation of utility bills is carried out in compliance with a number of requirements:
1.1. " The recalculation of the size of the board should be made based on the readings of the meter being checked, taken by the contractor during the check.»;
1.2. " The contractor is obliged ... to send to the consumer within the timeframe established for payment of utilities for the billing period in which the contractor carried out the check, a requirement to pay an additional charge for the utilities provided to the consumer or a notification of the amount of utility fees overcharged to the consumer. The amounts overpaid by the consumer are subject to offset when paying for future billing periods»;
1.3. " The volume (quantity) of a utility resource in the amount of the revealed difference in readings is considered consumed by the consumer during the settlement period in which the contractor carried out the check», « unless the consumer proves otherwise».

2. Recalculation is made when a number of circumstances arise:
2.1. " There are discrepancies between the readings of the metering device (distributors) being checked and the volume of the utility resource, which 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 standard consumption volume, not with the average monthly volume, not with some information received by the contractor from other sources (predicted, calculated, taken by analogy, from the words of neighbors, etc. ) and not with the readings of previous billing periods, namely with " the volume of the communal resource, which was presented by the consumer performer»;
2.2. The specified discrepancy was revealed " in the course of the contractor's verification of the reliability of the information provided by the consumer about the indications of individual, general (apartment), room metering devices and (or) checking their condition»;
2.3. " The meter is in good working order, 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 indicate what kind of check is in question and in what cases such a check is carried out.

The analyzed norm, in terms of describing the nature of the check, verbatim establishes: “ checking the reliability of the information provided by the consumer about the readings of individual, general (apartment), room metering devices and (or) checking their condition", that is it comes about three options for checking:
1. checking the reliability of the information provided by the consumer about the readings of individual, general (apartment), room metering devices;
2. checking the status of individual, general (apartment), room metering devices;
3. checking the reliability of the information provided by the consumer about the readings of individual, general (apartment), room metering devices and checking the state 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 working order, 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 superfluous, although legally no violation is seen.

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

According to sub-clause "g" of clause 31, the performer is obliged to carry out Checks, however, this norm does not establish the timing and frequency of such Checks.

Clause 82 of Rule 354 confirms the above norm:
« 82. The Contractor is obliged:
a) carry out checks of the state of installed and put into operation individual, general (apartment), room metering devices and distributors, the fact of their presence or absence;
b) to check the reliability of the information provided by consumers about the readings of individual, general (apartment), room metering devices and distributors by verifying them with the readings of the corresponding metering device at the time of verification (in cases where the reading of such metering devices and distributors is carried out by consumers)».

Clause 83 of Rule 354 sets limits on the frequency of Inspections:
« 83. The checks specified in clause 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 Rules 354 partially duplicates paragraph 83 and additionally establishes restrictions on the frequency of checks of devices installed in non-residential premises and outdoors and in households. According to subparagraph "d" of paragraph 32 of Rules 354, the performer has the right to conduct Checks, but not more often than 1 time in 3 months if the meter is installed in a residential building or household, and not more often than 1 time per month if a meter is installed in non-residential indoors, as well as outdoors and in households in a place that can be accessed by the contractor 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 admit the contractor to the occupied living quarters or households for verification at a time previously agreed upon in the manner specified in paragraph 85 of Rules 354, but not more often than once every 3 months.

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

For example, according to sub-clause "k (4)" of clause 33 of Rules 354, the consumer has the right to demand a Verification from the contractor. The Contractor, in accordance with subparagraph "e (2)" of paragraph 31 of Rules 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 contract containing the provisions on the provision of utilities - that is, the contractor and the consumers of utilities - are vested with the right and responsibility to determine the specific timing of inspections. Subclause “i” of Clause 19 of Rule 354 establishes: “ An agreement containing provisions on the provision of utilities must 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, the reliability of the information provided by the consumer about the readings of such metering devices and distributors».

Failure to provide the consumer with the readings of the IPU

Another case of verification is regulated by paragraph 84 of Rule 354, which states: “ If the consumer fails to provide the performer with indications of an individual or general (apartment) metering device within 6 consecutive months, the performer no later than 15 days from the expiration of the specified 6-month period, another period established by the contract containing provisions on the provision of utilities, and (or) decisions of the general meeting of owners of premises in an apartment building, is obliged to carry out the check specified in paragraph 82 of these Rules and take readings of the meter».

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

Let's analyze this issue.

Clause 84 does indeed oblige to carry out the Check after 6 months of failure by the consumer to provide information on the readings of the meter. Clause 61 does establish that, based on the results of the Inspection, the performer is obliged to recalculate, however, it should be noted that recalculation is made in the case, “ if, in the course of the contractor's verification of the reliability of the information provided by the consumer about the indications of individual, general (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good working order, including the seals on it are not damaged, but there are discrepancies between the readings of the meter under test (distributors) and the volume of the utility resource that was presented by the consumer to the contractor ».

If the consumer did not provide the contractor with information about the meter readings, that is, the amount of the consumed utility resource presented by the consumer is not determined, then it is impossible to determine the discrepancy between the actual meter readings and those provided by the consumer, and since it is the cost of this amount of discrepancy that is the size recalculation, then the amount of the recalculation is not subject to determination.

Consequently, it is in the event that the consumer fails to provide information about the meter readings, paragraph 61 of Rules 354 is not applicable.

At the same time, paragraph 84 of Rules 354 obliges the performer, when conducting the Check, after a 6-month period of non-presentation by the consumer of the readings of the metering device, to take the readings of this device. However, not a single rule indicates that the performer is obliged to apply the readings taken when determining the amount of recalculation, including the use of the readings taken by the performer is not provided. O and paragraph 61 of Regulation 354.

Application of paragraph 61

Based on the foregoing, clause 61 of Rules 354 applies only if, during the Inspection, the fact of transfer by the consumer of inaccurate readings of the meter is revealed. Such a Check can be carried out either on the initiative of the contractor (sub-clause "g" of clause 31, sub-clause "d" of clause 32, clause 82 of Rules 354), or on the initiative of the consumer (sub-clause "f (2)" of clause 31 and sub-clause "k (4 ) "Clause 33 of Rules 354), or in accordance with the approved contract for the provision of utilities in the order and frequency (sub-clause" i "of clause 19 of Rules 354).

Let's consider examples of 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 find that the cold water consumption IPU readings are 100 cubic meters. In month N2, the consumer transmitted the meter readings of 102 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water per month N1. In month N3, the consumer informed the contractor of the IPU readings of 105 cubic meters, the contractor presented for payment the consumption of 3 cubic meters of water per month N2. In month N4, the consumer reported to the contractor the readings of the IPU of 107 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water for the month N3. In the same month N4, the performer checked the metering device and found that the transmitted readings of the metering device were unreliable, and in fact, the device at the time of the Check showed 110 cubic meters. In this case, the contractor applies paragraph 61 of Rule 354, namely:
- sets the volume of discrepancy in the amount of 3 cubic meters (110-107);
- sends to the consumer, within the time period established for paying for the volume of water per month N4, a request for an additional charge in the amount of the cost of 3 cubic meters of water;
- if the consumer in month N5 transmitted the readings of the device in the amount of 112 cubic meters, then the performer in month N5 presents for payment for month N4 the revealed discrepancy in the volume of 3 cubic meters and the volume of 2 cubic meters (112-110) transferred by the consumer, then there are only 5 cubic meters.

Monthly, 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, in total - 12 cubic meters. It is exactly 12 cubic meters that makes the difference between the meter readings at the time of the Check in month N1 (100 cubic meters) and the device readings transmitted by the consumer in month N5 (112 cubic meters).

Example 2

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

Monthly, 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, in total - 9 cubic meters. It is 9 cubic meters that makes 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 month N5 for month N4 a volume of 3 cubic meters, in month N6 for month N5 - 3 cubic meters and in month N7 for month N6 - 3 cubic meters. In month 7, the contractor carried out a Check and found that the meter readings were 15 cubic meters. The contractor defines these readings as the initial indications of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and the recalculation in accordance with paragraph 61 of Rules 354 is possible only if the unreliability of the IPU readings is revealed.

Despite the fact that according to the indications of the IPU for 6 months the consumer consumed 15 cubic meters (15-0), for payment he was presented with: 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, in total - 18 cubic meters.

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

Example 2

Let the contractor accepted the consumer's IPU for accounting from the first day of the month N1 and established that the cold water consumption IPU readings are 0 cubic meters. In the month N2, the consumer transmitted the readings of the metering device of 2 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water for the month N1. In month N3, the consumer reported to the contractor the readings of the IPU of 5 cubic meters, the contractor presented for payment the consumption of 3 cubic meters of water for the month N2. In month N4, the consumer informed the contractor of the IPU readings of 9 cubic meters, the contractor presented for payment the consumption of 4 cubic meters of water for the month N3.

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

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

Despite the fact that according to the IPU readings for 6 months the consumer consumed 20 cubic meters (20-0), for payment he was presented with: 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, in total - 18 cubic meters.

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

conclusions

Establishes that the contractor is obliged to recalculate if, in the course of the contractor's verification of the reliability of the information provided by the consumer about the indications of individual, general (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good working order, in including the seals on it are not damaged, but there are discrepancies between the readings of the meter being checked (distributors) and the volume of the utility 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 check.

The specified norm is applicable only if the consumer has transferred to the contractor inaccurate information about the readings of the meter, but is not applicable if the consumer did not inform the contractor of the IPU readings at all.

Note: The analysis of clause 61 of Rules 354 was carried out on the appeal of LLC Yugo-Zapadnoye.
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