Rules for the provision of utilities to owners 354. Recalculation for utilities under the law

The rules for the provision of utilities are strictly regulated by the state legislation of the Russian Federation. The list of instructions governing the process includes both federal law and local legal acts and official regulations. A citizen who possesses legal information can defend his legal rights as a consumer in every instance. One of the main rules will be compliance by the tenant with his direct obligations in the field of housing and communal services (housing and communal services). In other words, there should be no complaints about him.

Payment for utilities makes up a significant part of the funds of an ordinary citizen, and this does not depend on whether he is the owner of real estate or uses it as a tenant. The rules for the provision of utilities to owners and users of premises are the same. However, it is possible and necessary to reduce the amount in the receipt for payment of utilities, if it requires it. All the rules for the provision of public services to citizens will be discussed below.

The list of utilities is determined directly by state legislation, or rather, by the Government of the Russian Federation, the definition of which is valid throughout Russia. Among other things, this list of services must be provided by the contractor for the entire calendar year. The only exception is heating. Heating utilities are provided seasonally.

However, the legislation also defines the time intervals for repair work, and also takes into account unforeseen emergencies. In these cases, time limits are provided for the repair and elimination of the accident.

When public utilities provide services of poor quality during the year, that is, the number of outages exceeds the value stipulated by law, then residents have the legal right to make a formal claim or complaint against unscrupulous "utilities". This is stated by the law on the protection of the rights of consumers of housing and communal services.

The complex of the provision of utilities directly depends on the comfort and provision of certain engineering networks of a particular residential building.

In the event that the house does not have some utilities, then no fee will be charged for them. Consequently, the cost of its maintenance will be lower due to the absence of a corresponding deduction clause.

PP number 354 on the provision of communal services, adopted in 2011, is the main legislative act that regulates all activities of the housing and communal services. This document is often edited, and, therefore, the latest rules for the provision of public services, that is, their latest edition, will be relevant.

This decree is publicly available, and therefore, every interested citizen can study it and monitor compliance with the rules for the provision of utilities and the actions of cash settlement centers in the field of calculating payment for services.

In the latest edition of the decree of the government of the Russian Federation, the description of the non-residential premises has been clarified. To specify the status of the premises and the payment of the corresponding category, you need to refer to the new version of the legislation. All disputes between homeowners and housing enterprises regarding maintenance and payment for non-residential premises can be resolved in court.

In accordance with Art. Articles 80 and 81 of the Government decree now the utility company is obliged to check the installed metering devices. That is, after the consumer's statement, the utility service must take the meter readings and check its serviceability within ten days. Previously, the legislation provided for checking the meters once every 6 months. Now this period of time has been reduced to a quarter, that is, once every 3 months.

When employees of utilities for any reason do not have access to private metering devices, the payment will be calculated based on the number of registered residents in this particular room.

According to Chapter 9 of the aforementioned federal law, due to the incorrect calculation of utility bills, which entailed an overpayment for the services provided, a fine of up to 50% of the amount of the incorrect calculation is provided.

The rules according to which utility bills should be paid are described in Chapter 6 of the Federal Law. Each homeowner must pay in full for the utilities provided to him. However, in addition to the obligation, every citizen is also entitled to check the validity of charges. The quality of the services provided and their compliance with the norms are also taken into account. If the management company overestimates the tariffs and poorly fulfills its obligations, the tenants have the right to change it to another by terminating and renewing the contract.

• service directly at home;
• overhaul of the building;
• keeping the yard area clean;
• maintenance of elevators;
• keeping public premises, stairs and elevators clean;
• garbage disposal and maintenance of general communications.

All the figures included in the "zhivka" are calculated by the specialists of the service office on a monthly basis. There are many points in the rent, according to which they must be justified and correspond to the tariff units valid on the current date.

• private;
• common buildings.

If the tenant has some benefits for utility bills, then the category of benefit and the reasons for reducing the rate must be indicated.

Clause 54 of the new Rules prescribes the calculation of payment for heating and hot water supply services, if the contractor independently wishes to make the calculation.

When drawing up a contract for the provision of utilities, all conditions, obligations and responsibilities of the parties should be taken into account. In case of omission of any condition, the conflict situation will be resolved on the basis of legislative norms and rules. The main document for drawing up a contract for the supply of services is paragraph 124 of the Rules.

• declare in writing about the desire to conclude contractual obligations for the provision of services and attach the entire mandatory package of documents;
• obtain a preliminary draft of the contract from the service provider and correct disagreements on points, if any;
• issue an additional agreement on the absence of claims and the elimination of disagreements;
• sign a contract for the provision of services.

As for the contract itself, then it must necessarily indicate the tariffs for the services provided. In addition, it provides for the responsibility of both the party providing the service for poor quality of its provision, and the consumer for violation of the terms of this agreement.

There are situations when the contract is drawn up retroactively. The legislation provides that the party providing the service can transfer the draft agreement to the consumer within 20 days from the date of the beginning of the provision of these very services.

The consumer has 30 days to adjust or agree to the terms. At the end of the period of time allotted by law, the contract will be considered automatically concluded.

To complete the described contract, the service provider should submit the following package of mandatory documents:

In case of inaccuracies in the submitted documentation or the provision of an incomplete package of papers, the service provider must notify the consumer of this fact no later than 5 working days

In addition to the terms of the concluded contract, the parties must strictly observe the rules prescribed in chapters 4 and 5 of Federal Law No. 354 and governing relations between the parties.

The housing company has the right to choose a direct service provider independently, as well as to conclude a contractual relationship with him. In the case of planning repairs, accidents and other leading to a disruption in the supply of services, the company must notify the residents by means of an announcement in specially designated places. Legislation supports property owners and tenants in combating unscrupulous service providers in ways such as consumer protection.

In the event of the provision of services of unsatisfactory quality, the user has the right to record his claims in the book of complaints and suggestions. The latter, in turn, must necessarily be available from every service provider.

On the complaint received, not only should appropriate measures be taken by the company's managers, but also a written response about this should be issued within an interval of three working days. This is stated in Art. 31 of the current legislation.

Basic rights and obligations of the consumer, Articles 33, 34:

According to article 35, the tenant has no legal right to perform actions prohibited to him, for this the state provides for heavy fines.

According to article 309 of the Civil Code of Russia, all obligations must be performed properly in accordance with the contractual terms and the current legislation. The parties do not have the right to individually change the terms of the agreement, as well as not to fulfill their obligations.

For a one-time non-payment of the amount, according to Resolution 354, amended from January 1, 2017, as amended, the legislation does not provide for any liability.

Previously, failure to pay in due time threatened to accrue fines and penalties. To date, this punishment is provided if a citizen is late with payment for more than 30 days.

The reason for making the appropriate changes was the crisis situation in the country, which entailed a delay in the payment of wages to citizens.

However, at the same time, sanctions were tightened against those citizens who deliberately do not pay for utilities.

Until the beginning of 2017, the interest rate was equal to 1/300 of the refinancing rate of the Central Bank of the Russian Federation.

• 1/300 for a period of non-payment of 31-90 days;
• 1/130 for non-payment of 91 days or more.

However, the government does not stop at the size of the penalties for hard-core defaulters, since conscientious tenants suffer through their fault. In the future, the amount of the penalty is planned to be increased.

The home user should know the following about the procedure for providing utilities.

The main responsibility for non-payment of utility bills is borne directly by the owner of the apartment, in contrast to users of municipal housing.

Utility rules are for the home owner to pay the receipts on time.

1. Warn in writing and offer to pay the debt without imposing penalties.
2. Visit the defaulter and verbally explain the impending consequences and penalties.
3. Suspend the provision of services.
4. Start a lawsuit to collect outstanding payments.

The latter method is the most inconvenient and costly for both parties, therefore, whenever possible, utilities are trying to resolve the issue peacefully.

As for the debt itself, then during the process due to the accrual of penalties on it, this amount can increase significantly.

If the court decides in favor of the utilities, they will be obliged to pay off the amount of the debt in full.

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 referred to as 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 norm is not applicable., Writes acato.ru.

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 are not damaged, but there are discrepancies between the readings of the metering device (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 the utility service for the billing period preceding the check, then the contractor is obliged to recalculate the amount of payment for the utility service and send it to the consumer within the time frame established for payment of utilities for the billing period in which the contractor carried out the check, the requirement to pay additional charges for the utilities provided to the consumer or a notification of the amount of utility bills, unnecessarily 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 board 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 communal 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 fee should be made on the basis of the readings of the checked meter 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 payment for utilities 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 the utility resource in the amount of the revealed difference in the readings is considered consumed by the consumer during the settlement period in which the check was carried out by the contractor", "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 meter being checked (distributors) and the volume of the utility resource, which was presented by the consumer to the contractor and used by the contractor in calculating the amount of payment for the utility service." It is important to note that the norm directly indicates a 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 utility resource, which was presented by the consumer performer ";

2.2. The specified discrepancy was revealed "during the verification of the reliability of the information provided by the consumer about the readings 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 will indicate which 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, we are talking 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, it is necessary to check the third type (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 device accounting is in good condition, including the seals on it are not damaged ", that is, when checking only the reliability of information about the readings of the device, in any case, it is necessary to check its condition, and when checking only the state of the device to assess the reliability of its readings, these readings need to check. 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 checking 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 inspections specified in clause 82 of these Rules must be carried out by the contractor at least once a year, and if the meters being checked are located in the consumer's living quarters, then not more often 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 contractor has the right to carry out 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 outside the premises and households in a place that the contractor can access without the presence of the consumer. At the same time, according to subparagraph "g" of paragraph 34 of Rules 354, the consumer is obliged to 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 1 time in 3 months.

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

For example, in accordance with 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. Subparagraph "i" of clause 19 of Rules 354 establishes: "The contract containing provisions on the provision of utilities must include: the frequency and procedure for the executor to check the presence or absence of individual, general (apartment), room metering devices, distributors and their technical condition, reliability information provided by the consumer about the readings of such metering devices and distributors. "

Failure to provide by the consumer the indications of the IPU

Another case of verification is regulated by clause 84 of Rules 354, which establishes: “If the consumer fails to provide the performer with the testimony of an individual or general (apartment) meter 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 conduct the check specified in paragraph 82 of these Rules and take readings from the meter. "

Earlier, an article was published on the AKATO website “ Calculation in case of failure to provide readings of the GCP", Which caused a lot of controversy on the issue of whether the service provider is obliged, having carried out a check on the basis of paragraph 84 of Rules 354, to recalculate the amount of payment for the utility service in accordance with paragraph 61 of Rules 354, since the actually consumed volume of service, determined according to the readings of the device for the period of non-delivery indications do 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 about the meter readings. Clause 61 really establishes that, based on the results of the Inspection, the contractor is obliged to recalculate, however, it should be noted that the recalculation is carried out in the event that “if, during the 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 will establish that the meter is in good condition, 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 communal 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 allocation, then the amount of the allocation is not subject to determination.

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

At the same time, paragraph 84 of Rules 354 obliges the performer to take the readings of this device after a 6-month period of non-submission by the consumer of the meter readings. 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 readings taken by the performer is not provided about 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 the consumer transferring 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 (subparagraph" 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 establish 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 for the month N2. In month N4, the consumer informed the contractor of the readings of the IPU of 107 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water per month N3. In the same month N4, the contractor checked the metering device and found that the transmitted meter readings 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 the discrepancy to 3 cubic meters (110-107);

Sends to the consumer, within the time period established for paying for the volume of water for a month N4, the requirement to make 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, that is 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 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 in the above Example 1 the executor, when conducting the Check in the 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 the month N4, a notification about the amount of the payment for water overly charged to the consumer in the amount of 1 cubic meter;

If the consumer in month N5 transmitted the readings of the device in the volume of 109 cubic meters, then the performer in month N5 takes into account the overpaid volume of 1 cubic meter and the volume of 3 cubic meters (109-106) transferred by the consumer, 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, total - 9 cubic meters. It is 9 cubic meters that makes the difference between the meter readings at the time of the Check in the month N1 (100 cubic meters) and the device readings transmitted by the consumer in the N5 month (109 cubic meters).

Inapplicability of paragraph 61

Example 1

The contractor presented to the consumer for payment in month N5 for month N4 the 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 determines 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 detected.

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

The consumer actually paid for 3 cubic meters not consumed by him, but this is 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 found 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 per month N1. In month N3, the consumer informed the contractor of the IPU readings 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 monthly average meter readings ( subparagraph "b" of paragraph 59 of Rules 354), 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 the 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), he was charged for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, 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 to the utility contractor.

conclusions

Rule 61, Rule 354 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 condition, 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, which 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.

P. S. The analysis of clause 61 of Rules 354 was carried out on the request of Yugo-Zapadnoye LLC. If you have any suggestions on the need to clarify topical issues in the housing sector, you can send the appropriate appeals to AKATO by email [email protected] If the experts of AKATO agree with the need to analyze the questions proposed by you, the corresponding article will be prepared and published on the website of AKATO.

A citizen of the Russian Federation (each separately taken) is a consumer of the state's resources: water (for hot and cold), electricity, etc. The basis for access is an agreement concluded with an enterprise, in this version a communal one (it is also a contractor). It is guaranteed to provide the possibility of recalculation for the absence of such, they can approve a temporary restriction of access, etc. - more specifically, the process is regulated by the Housing Code.

According to the established standards 354 of the Decree of the Government of the Russian Federation (regulates relations along with the housing estate), each citizen is given the opportunity and the right to recalculate payments for services (in this version, utilities). The new edition and the latest changes to it provide the most comprehensive answers to the owners and simply users of premises / houses (multi-apartment) to all questions of interest. The guarantor in legal terms is the state itself, regardless of the city / region, for example, for Moscow it is the MNP.

last modified 2016

The creation of Resolution 354 of the Government of the Russian Federation dates back to 2011 (May-June). As well as other legislative acts, it requires the introduction of current amendments (based on reality in housing and communal services), which are made on an annual basis without reference to the period (they can be introduced / planned both for January and May).

The new version of the law (latest amendments) came into force at the beginning of January of this year (they were introduced at the very end of last 2015).

Household needs - to pay or not to pay by order 354

According to the latest changes, the general building needs for electricity are also affected by the Decree of the Government of the Russian Federation No. 354 (paragraph 44). Now:

The coefficients of drainage standards have been revised (recalculation is in progress);
the regulation on the installation of specialized meters was approved;
proposals to reduce these tariffs are being considered (approximately 10-15% reduction);
measures are being taken to stimulate organizations / enterprises (housing and communal services) that provide various types of services (communal) relevant for users of houses (multi-apartment), etc.

Changes in housing and communal services

354 Resolution of the Government of the Russian Federation regulates consumer standards for resources and their subsequent payment for owners / users of premises (residential). The new edition gives clarifications when the charge for the full package or a separate part of it for utility services begins. The latest changes clarify: the force of calculation begins to operate from the moment you enter any room or apartment building.

Calculation of the size of utility bills - 354 decree

354 FZ of the Government of the Russian Federation regulates the procedure for distributing accounts. There are also instructions there: every citizen (user of an apartment building) is obliged to submit meter readings to employees every month (payment must also be made monthly).

Heating recalculation

If we consider in more detail the 354 Federal Law of the Government of the Russian Federation (new edition), it becomes clear that the tariffs for premises / apartment buildings are planned to be reduced (the amount of the discount depends on the region). In the current version (recent changes), the procedure for paying for utility services has been significantly simplified, for example, payments for heat are now made according to a special system (simplified).

Payment for utilities

354 Decree of the Government of the Russian Federation on utility services (current version, recent changes) includes a special appendix, which describes in detail the recommendations for calculation rates (the formula for correcting data (clause 44, clause 2), rules and regulations has been replaced). Measures to control use / consumption have been tightened, and the current version contains special instructions regarding the installation of counting equipment (meters).

Ordinance 354 with the latest amendments 2016 on utilities

You can familiarize yourself with the current text at the request "354 Resolution of the Government of the Russian Federation on the recalculation / calculation of payments for services (utilities) for citizens" on our resource (website) or download in a convenient online mode and completely free

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 provide answers as established by 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, a new draft was introduced with changes. 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 amount of 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. As of December 2015, it was required to approve the amendments, which will enter into force in 2016. Also, the federation made changes to the government 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 each part of it in the latest revision. for different types of 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. The new version of the law of the Russian Federation contains consumption standards and payments 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 day of the conclusion of the lease for the premises, from the day of the lease and entry into the apartment building. Judicial practice confirms the guarantor of compliance with Resolution 354 throughout the Russian Federation, including the Moscow region, Kirov and Perm.

Heating

This section describes general household needs for providing heating to citizens. This paragraph 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 norms, 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 norms for voltage, 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 the costs of 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 according to resolution 354, calculation formula

The contractor issues an invoice for electricity or hot water on the day the receipt is issued on the counter. Recalculation for cold water is carried out according to the formula, where the volume for non-residential premises, the volume for apartments for individual accounting, the volume of hot water and the volume of costs for water supply are subtracted from the unaccounted volume of water for the accounting period and multiplied by the area of \u200b\u200bthe apartment divided by the area of \u200b\u200ball apartments. Today you can download the application for free, which contains order 354, where there is a calculation form, correction and comments.

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. The updated edition and the additions developed to it provide comprehensive information for owners and ordinary users of residential premises regarding possible situations. 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 normative act.

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 service package.

Resolution No. 354 explains in detail not only work rules and 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 artist. 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 in question, a simplified heat payment scheme begins to operate.

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

IN recalculation issues regarding heating residential premises this year, the established tariffs have been adjusted. In this situation, citizens can count on a reduction 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 corresponding decision of the Government came into effect.

If we take into account the general needs of the house, then the 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 the performer responsibility is assigned to domestic legislation in such situations:

If the contractor has violated the rules for providing sufficient quality services, the consumer can count on exemption from the need to pay for them. Also, a consumer in a similar situation can claim a forfeit in the amount provided by the legislative framework of the Russian Federation.

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 insuperable circumstances or as a result of the actions of the consumer himself. Violations of obligations by the contractors of the approved contractor, the lack of the necessary funds to ensure the quality of the services provided are not related to insurmountable obstacles.

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 legislation 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 providing insufficient quality service. The maximum term for filing a lawsuit for the possibility of considering the fact of damage 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 compensation.

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 dwelling, the installation of which is impossible for technical reasons. If it is not possible to confirm the absence of a real technical feasibility of installing 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 household needs are not subject to any recalculation in the absence of a consumer in a residential building.

Recalculation of payment volumes 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 documentation, for example, invoices, receipts for payment of rent.

The main change is considered 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, charges are made in accordance with the indicators of the counters.

Here are the last changesintroduced by the Government of the Russian Federation to Resolution No. 354, which are worth paying attention to:

1. All charges for general household needs (water disposal, heating, electricity, cold and hot water) are now classified as housing and are included in the item of expenses for housing.
2. 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 \u200b\u200bthe common property (calculated proportionally).
3. 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.
4. 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.
5. If no one is registered in the apartment, then the deductions for utility services are calculated depending on the number of owners.

This legislative act is described in the following video lecture: