Is overheating an imposition of the services of a heating organization. Overtops and under-tops: how to deal with them? Answering questions from readers

On February 25 of this year, at a meeting with the top officials responsible for prices and tariffs in the housing and communal services sector, Russian President V.V. threshold 6%! But the truth immediately made a reservation: with rare exceptions, where this is not possible, there may be a slight rise in price, but in the whole country - no matter what!
Can it even be what the head of the country demanded?
Over the past 10 years, as official statistics show, prices and tariffs in housing and communal services have soared 7.6 times, i.e. three times the rate of inflation in the country as a whole. Moreover, in the structure of residents' payments for housing and communal services, the main, 80 percent share is precisely utilities, the lion's share of which is heating and hot water supply. And only 18-20% falls on housing services: this is a payment for the maintenance and repair of common property. It is noteworthy that over the decade, the segment of payments attributable to housing maintenance has also decreased by more than two times: at the beginning of the 2000s, the ratio of household spending on housing and utilities looked like 35/65. Thus, based on the housing payment standard approved by the Government, average cost fees for one-room apartment with an area of ​​35 squares will amount to 5,000 rubles per month, of which 4,000 rubles are utilities and only 1,000 rubles are a payment for repairs and maintenance.
It is not necessary to count on the fact that the unbridled rise in prices for energy resources will ever stop, and even more so on the decline in prices. Practice shows that even when world oil prices fell, gasoline in our country continuously rose in price. This means that heat, water and electricity will no longer become cheaper. Squeeze home repair and maintenance fees at a time when most homes are in need of overhaul, means to cut down the house at the root: it will either collapse or fall apart.
One thing remains: to understand, do we need as many utilities as we are offered to pay?
First steps.
Energy saving in our country was publicly discussed in 2010, when the well-known federal law FZ-261 was adopted, obliging everyone to consume exclusively metered energy, i.e. on metering devices, setting specific deadlines, before which all consumers are required to "settle down".
It should be noted that in Moscow, according to city programs, general house metering devices began to be installed starting in 2002, and over the past 10 years, in almost every apartment building such devices already exist. And there are even some results in lower fees for consumed resources. Since, as it turned out in practice and what was said in theory, the actual provision of, say, thermal energy to us is significantly less than expected according to consumption standards. Which, in fact, is confirmed by the readings of the common house heat energy meter, unless of course the device is serviceable and reliable.
And so, the first step has been taken: we began to understand and record the amount of energy supplied to our house, i.e. “Weigh in grams” how much you spent.
Eat then he eat, yeah who will give him?

In our case, the opposite is true - we will give a lot, try not to eat!

Heat is supplied to us with a significant excess. This is due to the difficulties in the urban economy: it is not possible for each house to supply as much heat energy as it actually needs. From the nearest central heating station, to which our particular house is connected, both the school and kindergarten and a dozen other houses. Moreover, they are all different in size and height, built from different structural elements and in different years ... So the heat supply organization is trying to give enough heat so that not only the first, but also the last house in this entire complex chain gets it according to the norms. Accordingly, those who are closer get it with a large margin. So much so that in the most severe frosts we live with open transoms and windows. What can we say about the so-called "transitional" periods - when it is not yet cold outside, but it is no longer warm ...
And how can we save resources and use them efficiently if all this excess heat leaks out the window?
Thank you for quantity. But the quality is not very good
Today, those common house metering devices that are installed in our homes (and by the way, for some reason they are not ours, although logically and within the meaning of the law, they should be common property apartment building) fix the amount of supplied thermal energy in volumes and temperature indicators. The temperature of the heat carrier must be such that it corresponds to the temperature of the outside air, i.e. the colder it is outside, the hotter the temperature of the water / steam in the pipes at the entrance to the house should be. This dependence is reflected in the temperature chart, which is an annex to the heat supply contract.
In order to analyze how much the supplied quantity meets our needs, we need to compare this quantity with the temperature environment. This can be done in two ways: to perform the appropriate arithmetic operations, or to use technical means.
The accompanying illustrations show just such an analysis. Attached are reports on the quality of supplied thermal energy in several houses. The lower curve on the graph shows the outside air temperature. The gray blurred curve is the temperature of the coolant, which must correspond to the temperature schedule under the contract for the supply of thermal energy to an apartment building. And the top red one just reflects the actual supplied heat - significantly exceeding the amount that our house needs. That is, heat has been supplied to the house, the amount is fixed on the device, please be so kind as to pay the bill!
Give us back our money!
Based on the results of the analysis of the quality of the supplied heat carrier, the conclusion follows: we were supplied with excess heat, we do not need so much. Although the common house meter honestly showed the amount that was supplied to us, we have the right to refuse to pay for the excessively supplied thermal energy, since the heat supply organization made deviations from the quality requirements. Accordingly, the consumer has the right to demand recalculation of the payment for heating.

Related materials

Household counters reliably recorded the correctness of the inhabitants of St. Petersburg: overheating really exists. Justifying themselves, power engineers and housing workers blame each other.

Zamir Usmanov/Interpress

With the onset of the thaw, the townspeople, who until recently suffered from the cold in their apartments, again complain about overheating. In response, power engineers refer to the fact that heat supply is carried out “in accordance with the temperature schedule”, and the concepts of “too hot” are subjective. However, the current disclosure standards provide an objective basis for suspicions of deliberate overheating.

In accordance with accepted standards, management companies are required to publish on their websites the readings of common house heat meters, cold water and electricity. Most housing and communal services do this with a significant delay - for example, for GUPREP "Stroitel" the latest heat data refers to October 2015, for housing and communal services No. 2 of the Kirovsky district - to May.

However, some housing owners post data promptly, which makes it possible to compare heat meter readings for different periods. The last time the townspeople massively complained about overheating was in December and November 2015. They turned out to be abnormally warm: as the chief forecaster of St. Petersburg Alexander Kolesov said, average temperature November was plus 3.1 degrees, December - plus 2.1.

The same months of 2014 were significantly colder: November - plus 0.8, December - minus 1. Thus, based on simple energy logic, in 2014 the same house should have consumed more heat than in 2015. However, in some cases this simple school law does not apply.

Overheated addresses

So, in accordance with these meters, in December 2014, 90.67 Gcal was spent on heating the house at 41 Voznesensky Prospekt. A year later, despite the anomalous indicators, it took 105.4 Gcal to heat the residents. Although it should be the other way around. The situation is similar with neighboring houses. For example, Voznesensky, 39: in 2014, the house received 30.75 Gcal, in 2015 - for some reason, 31.1.

Of course, it can be assumed that there is some kind of anomalous zone on Voznesensky Prospekt, so it was cold there, unlike the rest of St. Petersburg. However, a similar situation is recorded at other addresses in the city center. Citizens living in house No. 4 on Stolyarny Lane paid in December 2014 for 63.5 Gcal of thermal energy. And in December 2015, which was four degrees warmer, a little more - 64.08. The same is true for houses No. 12 and 14 on Lantern Lane.

The simplest energy laws do not apply in other areas of the city. For example, in the Frunzensky district, in house number 28 on Alpiysky Lane: both in 2014 and 2015 it received the same amount of heat, as if the weather was identical. At the same time, anomalies are also detected if we compare the readings of November. Thus, the house at 2/1 Yahtennaya Street consumed 360.1 Gcal in November 2014, and 374.3 Gcal in 2015. The same difference is in one of the houses on Shkolnaya Street: 118.8 against 127.2.

Statistics on exactly how many houses were "overheated" in November and December, none of the specialized departments of Smolny does not keep. If we analyze each housing and communal service separately, then somewhere the heat supply was carried out in accordance with the temperature schedule (ZhKS No. 2 of the Kalininsky district), somewhere the excess of 2015 over 2014 is insignificant (ZhKS No. 3 of Frunzensky), and somewhere - then we are talking at least ten percent of houses (ZhKS No. 2 of the Admiralteisky district).

Like a cat with a dog

The existing heat supply system for residential buildings allows power engineers and housing workers to shift responsibility to each other. Supply contracts hot water apartments are concluded between housing and utility services and resource-supplying organizations (TGK-1, State Unitary Enterprise TEK, Peterburgteploenergo). The former are responsible for intra-house pipes, the latter for boiler houses, thermal power plants and street networks. Thus, two structures are responsible for keeping our homes warm.

Power engineers always say they deliver thermal energy in strict accordance with a special schedule - a table that states what the temperature of hot water should be in a given weather. For example, at minus 1 degree it is 80°C. At the same time, they emphasize that it is possible to regulate the temperature of the coolant smoothly, within three days. Otherwise, breaks may occur on the backbone and quarterly networks. But housing residents can and should carry out operational regulation, for which the so-called “shut-off valves” are installed in the basement.

“The management companies regulate the parameters during the operation of heat supply systems in apartment buildings,” TGC-1 commented on the next complaints about overheating to Fontanka. Almost the same answer was given in the State Unitary Enterprise "TEK". In addition, power engineers add, the difference in readings may occur due to the fact that, for example, in December 2014 they were taken on the 23rd, and in December 2015 - on the 25th.

Residents respond by saying that they do not have enough staff of plumbers to change the temperature in all their houses in one day. And some housing services serve up to 500 residential buildings. In 2013, the housing committee, which always protects management companies, managed to achieve the introduction of the so-called It was assumed that housing services would not pay for the period when the temperature schedule was exceeded. In this case, the total amount was planned to be divided by two. This coefficient is conditional: the power engineers insisted on automatically reducing the amount of compensation, since management companies are partially responsible for the overheating.

As a high-ranking interlocutor in the housing committee told Fontanka, this innovation was included in 70% of all heat supply contracts. “We have prescribed there that it will be possible to make monetary claims if the management company does not have current debt. That is, for example, at first they pay in full for November, even if there was an overflow. And then in December they are recalculated,” says the official.

Resource-supplying organizations interpreted this paragraph differently: a housing service company should not have any debt at all - neither current nor overdue. However, all major management companies have it, and several vice-governors for housing and communal services cannot liquidate it. “As a result, no one was fined for overheating,” sums up the interlocutor in the housing committee. However, in the near future, according to Fontanka, one major housing service company intends to file a claim against TGC-1 for about 50 houses for overheating.

We note an interesting coincidence: constant complaints about overheating arise in the face of falling financial indicators of energy enterprises. According to Petrostat, in 2015 the city's boiler houses and CHPPs generated 5% less heat than in 2014. Electricity generation decreased by 7.4%. The power engineers themselves explain this by warm weather and a decrease in consumption from industrial enterprises because of the crisis. From which a simple conclusion suggests itself: in order not to go into serious losses, it is necessary not to reduce the supply of heat as much as possible.

Andrey Zakharov,
Fontanka.ru

able to fix this problem. Therefore, in order to resolve the issue of the advisability of using the regulator at the facility, it is necessary to check in what condition (“overheating” or “underheating”) the building is located during the heating period.

To do this, it is necessary to compare the data received from the metering unit of the building in question with the temperature graph, which sets the parameters of the coolant supplied to the building. If it is not possible to carry out an analysis for the entire heating period, one should try to analyze the maximum possible number of months of the heating period. The most significant are the months of the autumn and spring periods.

It is convenient to arrange the analyzed information in the form of a table (see Table 1).

Table 1. Comparison of data from the building metering station with the parameters of the temperature graph.

date of

Pace. external air, °C

heating

t according to the temperature chart

∆Т =tP -tn according to temp. graph.

device operating time, h

supply pipeline

return pipeline

Q heating, Gcal

Gp, t/day

Go, t/day

tgws,°C

Gdvs, t/day

Qhot water, Gcal

Outcome:

In this case, the following parameters are indicated in the columns of the table:

1. Date (time) of measurement;
2. Ambient (air) temperature on the specified date (time);
3. The temperature of the heat carrier in the supply pipeline on the specified date (time);
4. The flow rate of the coolant in the supply pipeline on the specified date (time);
5. The temperature of the heat carrier in the return pipeline on the specified date (time);
6. Coolant flow in the return pipeline on the specified date (time);
7. Consumption of thermal energy in the heating system;
8. The temperature of the heat carrier, which should be in the supply pipeline at ambient (air) temperature on the specified date (time) according to the temperature schedule on the specified date (time);
9. Difference between the temperature of the heating medium in the supply pipeline on the specified date (time) and the temperature of the heating medium in the supply pipeline, set by the temperature curve for the available ambient temperature on the specified date (time);
10. The temperature of the heat carrier in the supply pipeline DHW systems on the specified date (time);
11. The flow rate of the heat carrier in the supply pipeline of the DHW system on the specified date (time);
12. Consumption of thermal energy in the DHW system;
13. Operating time (or parameter fixing time) of the metering unit.

Also, to assess the hydraulic mode of operation of the heating and hot water systems of a building, it is useful to take into account the following parameters, which can also be obtained from the metering station:

1. Pressure in the supply pipeline of the heating system
2. Pressure in the return pipeline of the heating system.

The values ​​obtained in column N 9 allow us to assess the absence or presence of a “overflow” of the building for any period under consideration. We can estimate the amount of "overflow" for each day and consider the ratio of the days of "overflow" and "underflow" of buildings for the period under consideration in a share or percentage version. This will allow us to decide on the appropriateness and effectiveness of using regulators.

The most accurate results are obtained by considering the entire heating period. If it is impossible to obtain such information, it is necessary to consider the data from the metering station for at least a month in the period November-February. These are the coldest winter months. During this period, heat energy suppliers, as a rule, supply the coolant to objects with a temperature closest to the parameters of the temperature schedule and the probability of buildings “overheating” is quite low, or if there is an “overheating”, its value is small. In autumn and spring periods heating the value of "overheating" is always much higher. Therefore, having received evidence of the "overflow" of the building in the period November-February, we can be sure that in the autumn and spring periods the value of the "overflow" will be even higher. At the same time, our experience shows that even if in the period November-February the building is in an “underflood”, most often in the autumn and spring periods it still undergoes a large “overflow”. Therefore, the most objective is the assessment of the entire period (autumn-winter-spring) of building heating.

Therefore, the installation of a coolant flow controller on such a building will allow obtaining not only comfortable conditions for people in this building, but also a significant reduction in the cost of thermal energy and network water.

To present the analyzed data to the Customer, it is useful to build the following graphs:

Graph comparing the temperature of the heat carrier in the supply pipeline of the building with the temperature set by the temperature graph (see Fig. 1).
Schedule for determining "overflow" or "underflood" in the considered calendar period (see Fig. 2).

Fig.1. Graph comparing the temperature of the coolant in the supply pipeline of the building with the temperature specified by the temperature graph.

Fig.2. Schedule for determining "overflow" or "underflood" in the calendar period under consideration.

An example of solving the problem of "overheating" in the central heating system of MKD

Leninsky District Court of Penza

Appellate ruling

dated 11.02.2014

Leninsky District Court. Penza composed of the presiding judge Bogatova Oh.The.

under the secretary Bikmaeva L.R.

examined in open court in Penza case on appeal Artemyeva Oh.E. on the decision of the justice of the peace judicial district № 4 Leninsky district, Penza from date of the year on the claim Artemyeva Oh.E. to LLC« Managing organization"Housing-17-1" on consumer protection,

INST A N O V&L:

Artemiev O.E. appealed to the justice of the peace with the above claim, indicating that he is the owner of the apartment at: Address Management Responsibilities residential building assigned to LLC« Managing organization"Housing-17-1". In its actions to provide the house with energy carriers, the defendant systematically violates the requirements of the agreement (clause 3.1.11) to provide utilities in the required amount, to ensure the air temperature in the residential premises is not lower than the standard. This violation is expressed in the supply by the defendant for heating the house as a whole, and his apartment in particular,overestimated amount of thermal energy.In this connection, the air temperature in its rooms exceeds the value at which staying in them is comfortable.To fix this fact, he turned to the OfficeRospotrebnadzorin the Penza region.Date Rospotrebnadzor specialists checked the parameters of the microclimate (temperature) in the premises of his apartment. According to the conclusion of the FBUZ examination"C" to the protocol for measuring the levels of physical factors of non-ionizing nature No. 999 dated 12.12.12 microclimate parameters -the temperature in the premises of his apartment does not meet the requirements of SanPiN 2.1.2.2645-10"", and amounted to 24.6 gr.C . at a rate of 18-24g.C.Decree of the Government of the Russian Federation No. 05/06/2011 No. 354 in Appendix No. 1 " Requirements for the quality of public services» in paragraph 15.1 it is established: « Ensuring the standard air temperature in residential premises not lower than + 18 gr. , in corner rooms+ 20 gr.C», « admissible excess of standard temperature - no more than 4 gr.Ts.» . From which it follows thatthe standard temperature value, its average value, in the premises of his apartment is+ 22.78 gr. In this way the excess of air temperature in his apartment over its normative value amounted to 24.6 degrees C. - 22.78g.C. = 1.82g.C. This indicates the provision of services of inadequate quality.For the billing period from Date to Date, they were paid for the heating service. Data were withdrawn in rubles, based on their standard. In accordance with Clause 15 of Appendix No. 1 Decrees of the Government of the Russian Federation dated 06.05.2011 № 354 for each hour of deviation in the air temperature in the residential premises in total during the billing period in which the specified deviation occurred, the amount of the utility service fee for such a billing period is reduced by 0.15 percent of the fee determined for such a billing period for each degree of temperature deviation.Therefore, the size of the payment for heating should be reduced in accordance with the calculation for the Data withheld RUB.

Clause 2.1 Apartment building management contractsFrom Date, the obligations of the managing organization in the management of an apartment building are defined, in particular, the performance of work on the proper maintenance and repair of common property in an apartment building, the provision of utilities. In violation of the abovethe defendant systematically withdrew himself from performing any inspections of the building and engineering structures of the house and carrying out work to repair them.The tenants of the house in Date conducted an inspection of the house anda list of works has been compiled to eliminate the problems that have arisen in it building structures And engineering systems defects, namely: repair of the blind area around the house,sealing cracks in walls, repair of the retaining wall at the first entrance and at the parking lot, cut the shrubs at the yard heating main, repair the thermal insulation and waterproofing of the heating main. The defendant was given a period of elimination of the identified defects - one month. On Datenone of the defects were corrected by the defendant, which is confirmed by the verification act Address from Date Number in relation to LLC"UO Housing 17-1". Thus, the deadline set for the defendant to perform work to eliminate defects in building structures and engineering systems of the housewas violated for 19 months or 570 days. For violation of the established deadline for the execution of work on the repair of building structures, engineering systems of the house, the amount of the penalty payable by the defendant is Data seized RUB. Data withdrawn in rubles, where: Data withdrawn in rubles. - the cost of performing work on the repair and maintenance of residential premises per month. Guided clause 6.1 of the Agreement to manage an apartment building to the defendant on the merits of the foregoing, a claim was filed, against which the latterwas given a negative answer.

He asked to recover from the defendant in his favor Data seized rubles for the provided utility service for heating his apartment of inadequate quality in the period from Date to Date of the year, as well as a penalty in the amount of Data seized rubles.

By the decision of the magistrate of the court district No. 4 of the Leninsky district of Penza dated Date Decided:

Claims Artemyeva Oh.E. to LLC« Managing organization"Housing-17-1" on consumer protectionleave unsatisfied.

On the said decision plaintiff Artemiev Oh.E. appeal filed. In support of the appeal, the defendant refers to the fact that the magistrate violated the substantive and procedural law. Yes, magistrate the error of the device measuring the temperature regime in the room in the downward direction was unreasonably accepted, and not vice versa, in connection with which the court made an incorrect calculation and, accordingly, an incorrect conclusion was made that there had been a slight increase in temperature in his apartment. In doing so, the court did not take into account the fact that the temperature norm for corner and non-corner rooms is different. The justice of the peace, when deciding to dismiss the claim, did not take into account the fact that the defendant was brought to administrative responsibility for violating sanitary and epidemiological requirements. Also, when considering the case, the justice of the peace did not examine the documents relating to the performance by the defendant of certain works to eliminate defects in the structures of the house, an improper assessment was given to his actions regarding the direction of the claim to the defendant. He asked the court to cancel the decision of the magistrate of the judicial district No. 4 dated Date and issue a new decision.

At the hearing the plaintiff Artemiev Oh.E. supported the arguments of the appeal, asked the decision of the magistrate to cancel, to satisfy his claims.

Respondent's representative« Managing organization"Housing-17-1" did not appear at the hearing.

After listening to the explanations of the plaintiff, having studied the case materials, having discussed the arguments of the appeal, having checked the legality and validity of the decision of the justice of the peace, the court of appeal comes to the following.

According to Art. 195 Code of Civil Procedure of the Russian Federation the decision of the court must be lawful and justified.

Within the meaning of the law, a court decision is legal when it is made in strict observance of the rules of procedural law and in full compliance with the rules of substantive law that are subject to application to this legal relationship, or is based on the application, where necessary, of the analogy of the law or the analogy of law ( part 1, article 1, part 3, article 11 of the Code of Civil Procedure of the Russian Federation ).

The decision is justified when the facts relevant to the case are confirmed by evidence examined by the court that meets the requirements of the law on their relevance and admissibility, or by circumstances that do not need to be proven ( st.st. 55, 59-61, 67 Code of Civil Procedure of the Russian Federation), as well as when it contains exhaustive conclusions of the court arising from the established facts.

Deciding the contested decision, the magistrate was guided by the provisions of Article. Art. 44, 158 ZhK RF, Law of the Russian Federation« On consumer protection», as well as the norms of the Decree of the Government of the Russian Federation No. 06.05.2011 № 354.

As follows from the case file, plaintiff Artemiev Oh.E. is the owner of the apartment at: Address. The above apartment consists of three living rooms, two of which are angular.

OOO " Managing organization"Housing-17-1" is a management organization providing services for the maintenance of the common property of an apartment building in which the plaintiff lives. Between OOO« Managing organization"Housing-17-1" and Artemiev E.E. signed an agreement on the management of MKD from Date.

As follows from the claim and explanations of the plaintiff Artemyeva Oh.E. at the hearing, in his actions to provide the house with energy carriers, the defendant systematically violates the requirements of the MKD management agreement on the provision of utilities in the required amount. This violation is expressed in the supply by the defendant for heating the house as a whole, and his apartment in particular, an overestimated amount of thermal energy. In this connection, the air temperature in its rooms exceeds the value at which staying in them is comfortable.

Date according to Artemiev O.E. specialists Rospotrebnadzor In the Penza region, the parameters of the microclimate (temperature) in the premises of the apartment were checked at: Address

As follows from expert opinion compiled by FBUZ"C" to the protocol for measuring the levels of physical factors of a non-ionizing nature Number from Date of the year,microclimate parameters - the temperature in the premises of his apartment does not meet the requirements of SanPiN 2.1.2.2645-10« Sanitary and epidemiological requirements for living conditions in residential buildings, premises», and amounted to 24.6 gr.C. at a rate of 18 - 24g.C.

According to the decision of the Pervomaisky District Court of Penza dated Data LLC« Managing organization"Housing-17-1" held administratively responsible forArt. 6.4Code of Administrative Offenses of the Russian Federation, was sentenced to a fine of 10 000 RUB.

The specified decision established that the dateviolation detected OOO " Managing organization"Housing-17-1" SanPiN 2.1.2.2645-10« Sanitary and epidemiological requirements for living conditions in residential buildings and premises», expressed in excess of microclimate and air parameters- excessin the apartment Address Number: Addressallowable temperature standards, which amounted to 24.3-24.6 C at a rate of 18-24 C.The decision has entered into force.

Resolving the stated claims for the recovery from the defendant of the cost of the fee for providing public service for heating, the magistrate of the instance came to the correct conclusion that in the period from Date to Date on the part of the managing organizationthere was a provision of heating services of inadequate quality. This conclusion is in accordance with the law.

According to Part 1 Art. 161 ZhK RF the management of an apartment building should ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house.

By virtue of Art. 4 of the Law of the Russian Federation " On consumer protection » :

1. The seller (executor) is obliged to transfer the goods to the consumer (perform work, provide a service, the quality of which corresponds to the contract.

2. In the absence of conditions in the contract on the quality of goods (work, services), the seller (executor) is obliged to transfer the goods to the consumer (perform work, provide a service) that meets the usual requirements and is suitable for the purposes for which a product (work, service) of this kind is usually used.

In accordance with clause 5 of the Rules for the provision of public services, approved by the Decree of the Government of the Russian Federation No. 307 dated May 23, 2006, obligations to provide public services of proper quality arise from the contractor to all consumers.

From item 9 specified Rules follows that when providing public services, it must be ensured uninterrupted heating e residential premises during the heating period depending on the outside temperature.

However, the Court of Appeal can not agree with the conclusion of the justice of the peace to refuse Artemiev Oh.E. in satisfying the claims regarding the recovery in his favor of the cost of the payment for the provision of public heating services with reference to the fact that at the upper limit of the norm in 24 gr.C. the excess was less than one degree Celsius. The Court considers this conclusion based on a misinterpretation of the provisions of the law and by-laws, and inconsistent with the circumstances established during the consideration of the case.

According to Art. 14 of the Law of the Russian Federation " On consumer protection » :

1. Harm caused to the life, health or property of the consumer due to design, production, prescription or other defects in the product (work, service) is subject to compensation in full.

5. Manufacturer (performer, seller) is released from liability if he proves that the harm was caused due to force majeure or violation by the consumer of the established rules for the use, storage or transportation of goods (work, services).

According to Art. 29 p. 1 the above law the consumer, upon detection of shortcomings in the work performed (service rendered), has the right, at his choice, to demand:

­– gratuitous elimination of shortcomings of the work performed (service rendered);

- a corresponding reduction in the price of the work performed (service rendered);

– gratuitous production of another thing from a homogeneous material of the same quality or re-performing the work. Wherein the consumer is obliged to return the thing previously transferred to him by the contractor;

– reimbursement of expenses incurred by him to eliminate the shortcomings of the work performed (service rendered) on his own or by third parties.

The consumer also has the right to demand full compensation for losses caused to him due to shortcomings in the work performed (service rendered).

IN 98 Rules for the provision of public services owners and users of premises in apartment buildings and residential buildings, approved by the Decree of the Government of the Russian Federation No. May 6, 2011 No. 354 , it is provided thatwhen providing a consumer in a residential premises with a utility service of inadequate quality in the billing period, the amount of payment for such a utility service for the billing period is subject to reduction up to the complete exemption of the consumer from paying for such a service.

IN clause 15 of Appendix No. 1 to the Rules it was established that the air temperature in the living quarters must be ensured not lower than +18 degrees C (in corner rooms - +20 degrees C) and reflects the conditions and procedure for changing the amount of payment for utility services when providing public services of inadequate quality.

In this way, taking into account the violation temperature regime in the apartmentplaintiff, and agreeing with the conclusion of the magistrateabout granting OOO " Managing organization"Housing-17-1" to the plaintiff poor quality services, Court of Appeal,checking the calculation made by the plaintiff, recognizes it as correct, drawn up in accordance withAppendix No. 2 to the Rulesprovision of public services to owners and users of premises in apartment buildings and residential buildings, approved by the Decree of the Government of the Russian Federation datedMay 6, 2011 No. 354.

Thus, the appellate court considersplaintiff's claims for recovery in his favor Money paid by him for the provided heating service of inadequate quality subject to satisfaction. Insofar as the amount of the recalculation for the rendered heating service of inadequate quality exceeds the charges made for the same service, the court considers it possible to release Artemyeva Oh.E. from payment for the rendered service of inadequate quality, and recover from LLC« Managing organization"Housing-17-1" in favor of the plaintiff paid by him for heating services in the period from Date to Date the amount in full in the amount ofData removed rub. At the same time, the court takes into account that the case materials contain evidence of payment by the plaintiff for the specified service for the named period in the amount required by the plaintiff.

In view of the foregoing, the decision of the justice of the peace in this part is subject to cancellation, and the issuance of a new decision in this part to recover from LLC« Managing organization"Housing-17-1" in favor of the plaintiff for the cost of payment for the provision of public heating servicesin the amount of 10,238 rubles.

By virtue of paragraph 6 of Art. 13 of the Law of the Russian Federation " On consumer protection» if the court satisfies the requirements of the consumer established by law, the court collects from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer)for failure to voluntarily meet the requirements of the consumera fine of fifty percent of the amount awarded by the court in favor of the consumer.

According to 46 of the said Resolution of the Plenum of the Supreme Court of the Russian Federation when the court satisfies the requirements of the consumer in connection with the violation of his rights established by the Law on the Protection of Consumer Rights, which were not satisfied voluntarily by the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer), court collects from the defendant in favor of the consumer a fine, regardless of whether such a claim was made to the court, in accordance with paragraph 6 of Art. 13 Law of the Russian Federation of February 7, 1992 N 2300-1 "On Protection of Consumer Rights".

Based on the above provisions of the law, the court considers it necessary to recover from LLC« Managing organization"Housing-17-1" a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer, that is, in the amount of 5,119 rubles.

At the same time, according to the Court of Appeal, in the rest of the decision of the Justice of the Peace of Court District No. 4 of the Leninsky District of Penza dated Date is lawful and justified.

Thus, the court found that on Date the tenants of the Adres house carried out an inspection of the house and compiled a list of works to eliminate the defects that had arisen in its building structures and engineering systems, namely: repair of the blind area around the house,sealing cracks in walls , reinforcement with downpipe element, repair dormer windows of the attic, painting the entrance doors to the entrances, cleaning the attic from debris, restoring the thermal insulation of heating pipes in the basement of the house, restoring the thermal insulation of hot water pipes in the basement of the house, painting cold water pipes in the basement of the house, restoring destroyed sections of sidewalks (curb stone), repair and painting outdoor fencing of the local area,repair and revision of valves central heating , repair of the retaining wall at the first entrance and at the parking lot, cut the shrubs at the yard heating main, repair the thermal insulation and waterproofing of the heating main.

Due to the shortcomings identified, date the plaintiff in LLC« Managing organization"Housing-17-1" a written request was sent to eliminate the named defects, and a period of one month was set.

Deciding the contested decision regarding refusal Artemyevu Oh.E. in satisfaction of the requirements for the recovery of the penalty, the magistrate proceeded from the fact that the defendant's actions do not appear to violate the law. The appellate court agrees with this conclusion of the justice of the peace.

Really, the plaintiff, as the owner of the premises in the apartment building, sent a letter to the managing organization demanding repair work in relation to common property in an apartment building, and a deadline for the production of such work has been established.

However, according to clause 4.1, part 2, art. 44 ZhK RF The competence of the general meeting of owners of premises in an apartment building includes: making decisions on the current repair of common property in an apartment building.

At the same time, the magistrate came to the conclusion that contrary to the requirementsArt. 56 Code of Civil Procedure of the Russian Federation the plaintiff did not provide evidence of notification of the LLC to the court« Managing organization"Housing-17-1" on the decision taken at the meeting of owners of MKD at Address to conduct current repair Houses. The Court of Appeal agrees with this conclusion of the justice of the peace, since the said information is indeed absent in the case file. (??? But what about the obligation to conductminimum list of works and servicesUkoy in pursuance of the requirements of the RF PP dated 3.04.2013 №290 ???)

O.E. Artemyev’s claim sent personally to LLC« Managing organization"Housing-17-1" with execution list necessary work, cannot be the basis for imposing on the defendant the obligation to carry out current repairs of the common property of the house, since the solution of this issue is the exclusive prerogative OSS general meeting of owners of an apartment building.

By virtue of Art. 330 of the Civil Code of the Russian Federation a penalty (fine, penalty interest) is a sum of money determined by law or an agreement, which the debtor is obliged to pay to the creditor in case of non-performance or improper performance of the obligation, in particular in case of delay in performance.

In this way, due to the absence at the disposal of the managing organization of the decision of the general meeting of owners of the premises in the multi-apartment building on the current repair of the common property in the MKD, the defendant had no legal grounds for fulfilling the obligations personally to the plaintiff, the fulfillment of which the latter demanded in his letter.

Consequently, there are no grounds for the recovery of a penaltyprovided for Part 5 Art. 28 law « On consumer protection».

In connection with the foregoing, the Court of Appeal considers it possible, on demand for a penalty, to leave the decision of the justice of the peace of the judicial district No. 4 of the Leninsky District of Penza from Date unchanged, the appeal Artemyeva Oh.E. in the above part without satisfaction.

According to Art. 103 Code of Civil Procedure of the Russian Federation costs, incurred by the court in connection with the consideration of the case, and the state fee, from the payment of which the plaintiff was exempted, shall be collected from the defendant, who is not exempted from paying court costs, in proportion to the satisfied part of the claims. In this case, the collected amounts shall be credited to the budget from which they were reimbursed, and the state duty - to the relevant budget in accordance with the deduction standards established by the budget legislation of the Russian Federation.

Given that the plaintiff, when filing a statement of claim with the court, by virtue of paragraph 3 of Art. 17 Law of the Russian Federation « On consumer protection» exempted from payment of state duty, the defendant is subject to collection in the budget of the municipality city of Penza state duty in the amount of 409 rubles.

Guided by Art. Art. 328, 329 Code of Civil Procedure of the Russian Federation, court

O P R E D E L I L:

The decision of the justice of the peace judicial district № 4 Leninsky district, Penza dated on the claim Artemyeva Oh.E. to LLC« Managing organization"Housing-17-1" on the protection of consumer rights, cancel in part of the refusal to satisfy the requirement to reduce the payment for the provision of utility services for heating, issue a new decision in this part.

Collect from OOO " Managing organization"Housing-17-1" in favor of Artemyev O.E. the cost of the payment for the provision of utility services for heating in the amount of Data seized in rubles, as well as a fine in the amount of Data seized in rubles.

The rest of the decision of the justice of the peace of the court district No. 4 of the Leninsky district of Penza dated Date is left unchanged, the appeal of Oleg Evgenievich Artemyev is not satisfied.

Collect from OOO " Managing organization"Housing-17-1" state duty to the budget of the municipality of the city of Penza in the amount Data seized rubles.

The definition comes into force from the date of its adoption.

O.V. rich

Why do we ventilate rooms in winter? Because it's hot and stuffy. Both at home and at work. We do not turn on the air conditioner so as not to catch a cold, so we release excess heat through the window.

Hard frosts in middle lane Russia hold on for a few days, and the rest of the time is gray slush. When heat standards were set, the situation with winter weather was different. Global warming and the reluctance of resource organizations to adapt to new conditions exacerbate the problem with excess heat. But this is the lion's share of utility bills.

In this article, we will figure out who is to blame for the overflow and how to minimize the financial consequences. overpayments for heating.

Why there is an overpayment for heat

Public opinion has already appointed the guilty: people are sure that the UO and housing associations do not regulate the parameters of the coolant entering the MKD.

In St. Petersburg, several years ago, they even demanded that organizations managing apartment buildings manually tighten the inlet valves and threatened with administrative measures for overflowing. It should be noted that many MA sought to find and apply various engineering solutions excluding overheating.

How to regulate heat in an apartment building

There are several types of equipment, the use of which allows you to regulate the operation of the heating system in the MKD. Let's take a closer look.

Adjustable elevator nozzle. It does not violate the safety and overall reliability of the operation of the elevator unit and the entire heating system. The only negative is the instability of work.

One can give an example of a great painstaking and independent work individual HOA, which installed an automatic coolant temperature controller instead of an elevator. Such devices regulate the temperature of the coolant entering the heating system and prevent overheating. But they do not regulate the pressure of the coolant at the inlet to the heating system. At high parameters of the coolant (superheated water under high pressure), for which the elevator is designed, the temperature controller will inevitably lead to an accident with the boiling of superheated water.

For your information

Heat supply organizations are to blame for the supply of an overestimated amount of thermal energy to MKD, which, for various reasons, cannot ensure the supply of heat carrier to houses with the required temperature parameters. The population has to pay for excess heat.

Differential pressure regulator. It will ensure that a coolant with a pressure not exceeding the permissible pressure enters the heating system. The use of a differential pressure regulator is the first step towards a modern and safe automated control unit for a heating system.

Temperature regulator (thermostat). The thermostat can be static or software. A programmable thermostat can change the temperature depending on, for example, the time of day. The static device constantly maintains the required temperature at the same level. The thermostat works on the principle of limiting the flow of coolant into a certain section of the system or changing the temperature of the coolant.

One can only welcome the attempts of the UO, HOA, ZhK, ZhSK to solve the problem of overheating in a single MKD, but it is unfair and unlawful to appoint them guilty of this phenomenon.

How to avoid overpaying for heating

The main thing to be done is to transfer to equal market relations between suppliers and consumers of thermal energy.

It is these relationships that will encourage heat suppliers to promptly reconstruct and repair heating systems. In fact, only the reconstruction of networks will ensure the supply of coolant to the MKD with parameters corresponding to the schedule.

The government took the first step in this direction: it was adopted the federal law dated November 23, 2009 No. 261-FZ. In accordance with it, all house-wide heat meters must be installed in all MKDs. What did it lead to? Now residents of houses legally pay for all the amount of heat recorded by the meter, including excess received. The much-needed mutual settlement inherent in market relations turned out to be one-sided. It turned out that the heat supplier is not responsible for the supply of heat exactly in the volume that was required according to the temperature schedule.

It is necessary, simultaneously with the determination of the amount of heat actually received in the MKD and recorded by the metering device, to determine the amount of heat required for the project in the same period of time.

The excess of the amount of heat supplied over the design value should not be paid by the consumer, and the supplier should pay a fine for the short supply of heat required by the project. These are perfectly normal economic relations.

How to calculate overpayment for heat

You should refer to the passport of the MKD heating system, which indicates:

• thermal load of the building at the design outdoor temperature;
• design outdoor temperature;
• estimated room air temperature.

Based on these data, the amount of heat required by the MKD is determined, taking into account the outside temperature. Such a calculation is not difficult, can be automated and remains relevant for many years.

For example, following the accepted methodology, for one of the MKD, the amount of heat required by the project on certain days and the heat actually consumed on those days was determined.

The results are summarized in a table.

It follows from the table that in the reporting period the supplier underdelivered 1.18 Gcal of heat, and it would be logical for him to pay the corresponding fine, and the consumer did not pay for 2.54 Gcal of excess heat supplied.

Usual market relations of two entities, which should be legalized by the Ministry of Construction of Russia. Having taken the first step and obliging consumers to pay for heat according to meter readings, he should oblige suppliers to be responsible for the supply of heat in the amount calculated according to the project.

The principal solution of the issue presented above does not require any financial costs and can be implemented in any region in a short time, at least as a pilot project for a group of MFBs receiving heat from one supplier.

To do this, it is necessary at the level of the head of the region or his deputy to coordinate with the committees (housing and energy) and approve a detailed draft agreement on the supply of heat, based on the market principles of mutual responsibility proposed above.

conclusions

Practice shows that in regions with varying degrees of intensity, heating networks are repaired and adjusted in accordance with the temperature schedule. This creates good prerequisites for the transition to payment for thermal energy, taking into account its calculated (design) needs.

1. Currently, at the legislative level, the issue of determining the heat consumed by MKD according to the readings of its metering devices has been resolved.

It is necessary to fix at the legislative level the determination of the amount of heat required to replenish the heat losses of the building, by calculation, based on the passport data of the heating system. In this case, all penalties can be determined in the contract between the consumer and the supplier of thermal energy.

To resolve this issue, organizations managing MKDs and their associations should persistently turn to the leadership of the constituent entities of the Russian Federation.

• with a constant slight overflow, pay attention to the elevator nozzle, the diameter of which may increase due to wear during long-term operation, which will require nozzle replacement;
• in case of significant overheating on some days, consider installing a safe temperature controller - for example, an elevator with an adjustable nozzle diameter;
• do not install a coolant temperature controller without a pressure controller, as in this case an emergency may occur;
• compare costs with the effect and coordinate your decision with the heating network (heat energy supplier);
• do not accept tempting offers to install an automated control unit with plate heat exchangers instead of the elevator unit, since this is obviously not economically feasible.