Who should pay for the installation of common house metering devices - from and to. General house water metering devices Federal law on general house metering devices
This is not an idle question. Very often, attending general meetings or conducting a conversation on social networks, I come across the same question: At whose expense are collective (common house) metering devices installed, common house meters among the common people. And I always answer: at the expense of the owners of premises in apartment buildings.
Let's see why these meters are installed at the expense of the owners, and not, say, at the expense of resource supplying or managing organizations.
The law regulating disputable relations is the Federal Law of 23.11.2009 N 261-FZ "On energy saving and on increasing energy efficiency and on amending certain legislative acts Russian Federation", Part 5 of which establishes that by July 1, 2012, the owners of premises in apartment buildings put into operation on the date of entry into force of this Federal Law are obliged to provide such houses with metering devices for water and heat energy used, electrical energy, as well as putting the installed metering devices into operation. At the same time, apartment buildings within the specified period must be equipped with collective (common house) metering devices for the used water, heat energy, electrical energy, as well as individual and common (for a communal apartment) metering devices for the used water, electrical energy.
And according to clause 13 of the Decree of the Government of the Russian Federation of 05/06/2011 N 354 "On the provision of utilities owners and users of premises in apartment buildings and residential buildings " the provision of utilities is provided by a management organization, partnership or cooperative or by the organization specified in subparagraph "b" of paragraph 10 of these Rules, by concluding agreements with resource supplying organizations on the purchase of utility resources in order to use such resources in the provision of utility services to consumers, including through their use in production certain types utilities (heating, hot water supply) using equipment that is part of the common property of owners of premises in apartment building , and the proper execution of such contracts.
The list of common property is set out as Art. 36 of the Housing Code of the Russian Federation, and in sub. "E (1)" of clause 2 of the Rules for the maintenance of common property in an apartment building, approved by the Government Decree of 13.08.2006, No. 491, according to which automated information and measuring systems for accounting for the consumption of utilities and services are included in the common property, including a set of measuring complexes (metering devices, devices for collecting and transmitting data, software products for collecting, storing and transmitting metering data), in cases where they are installed at the expense of the owners of premises in an apartment building, including as part of the fulfillment of the obligation to install devices accounting in accordance with the requirements of the Federal Law “On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation”.
Consequently, common house meters refer to the common property of an apartment building and, by virtue of paragraph 28 of the above-mentioned Resolution 491, the owners of the premises are obliged to bear the burden of the costs of maintaining the common property in proportion to their shares in the common ownership of this property by making a deposit.
We return to the requirements of the Federal Law of 23.11.2009 N 261-FZ "On energy saving and on increasing energy efficiency, namely, to its part 12, which established that a person who has not fulfilled the obligation to equip these facilities with metering devices for energy resources used within the prescribed period , must ensure the admission of these organizations to the installation sites of metering devices for energy resources used and pay the costs of these organizations for the installation of these metering devices In case of refusal to pay costs on a voluntary basis, a person who has not fulfilled the obligation to equip these facilities with metering devices for the energy resources used within the prescribed period must also pay the costs incurred by these organizations in connection with the need for enforced collection. At the same time, citizens are the owners of residential buildings, country houses or garden houses, citizens - owners of premises in apartment buildings who have not fulfilled the duties provided for
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To date, it is becoming less and less profitable for management companies to do without a general-purpose metering device (ODPU). In accordance with the Decree of the Government of the Russian Federation of 04.16.2013 No. 344, in relation to objects where general house meters have not yet been installed, increasing coefficients to the standards are already starting to operate.
And by 2017, the ratio will increase to 1.6 times.
In this article, we will tell you who should pay for common house metering devices, and how to organize the installation of a common house meter in an apartment building.
- Do I need a general house meter if there are IPUs in the apartments
- How do owners pay for installation
Why do you need a general house meter
The general house metering device allows you to control the actual consumption of the resource within the house and record the real volumes of the supplied resource - water, electricity, gas and heat. Therefore, first of all, the ODPU is installed in order not to overpay for the volume of losses on the supplier's backbone networks.
Utility costs are formed by 2 factors: the volume of the consumed resource and the approved tariffs. Tariffs for housing and communal services are growing every six months, and the consumer has no opportunity to influence their growth. Nevertheless, influencing the second factor - the amount of consumed resources, the management company and apartment owners have a real opportunity to save costs.
Installation of ODU allows:
- pay for resource consumption after the fact;
- to differentiate losses for losses on backbone networks between RNO and owners;
- fix the loss of resources.
Thus, the presence of a PDPU is the only way to determine the real consumption of resources in the house.
Do I need a general house meter if the apartments have individual metering devices
If individual metering devices (IPU) are installed in the apartments, the owners pay for what they actually consumed. However, in addition to individual consumption, in receipts for payment for utilities, there is also a general household expense (ODN).
Ideally, the category of general consumption should include the consumption of resources for servicing common areas. But in practice, the entire resource that has not been taken into account by individual metering devices falls under this category - including all kinds of leaks. As a result, the volume of the resource written off in the ODN column can grow to an abnormal size of 30% of individual consumption and more. While "normal" is considered to be ONE, not exceeding 1.5-2%.
In the absence of a general house metering device, it is impossible to determine where the leaks are. They can be both in the system of the house itself, and in networks from the resource organization to the house.
The presence of general housekeeping makes it possible to pay only for the resource that was actually delivered to the house.
In itself, the presence of a common house meter does not save from an overestimated ONE - there are still leaks inside the house itself and about a dozen other reasons affecting the growth of this expense item.
However, installing a common meter is the first step towards reducing costs.
In which houses is it necessary to install a general house metering device
The installation of general house metering devices depends on the degree of home improvement. Household water, electricity, gas and heat meters must necessarily be in houses connected to electrical networks centralized power supply, as well as to systems:
- district heating;
- centralized water supply;
- centralized gas supply;
- other systems of centralized energy supply.
Moreover, such requirements do not apply to dilapidated, emergency facilities, and facilities in which:
- power consumption of electrical energy is less than 5 kWh;
- the maximum volume of heat energy consumption is less than two tenths of Gcal / h;
- maximum consumption natural gas is less than 2 m³ / h.
Who pays for the installation of common house metering devices
In accordance with the Federal Law "On Energy Saving", the cost of installing the ODU completely falls on the owners of the residential building.
The owners of the premises are obliged to pay the costs of installing a common house metering device on the basis of invoices, except for cases when such costs were taken into account as part of the payment for the maintenance and repair of the residential premises and (or) as part of mandatory payments and (or) contributions related to the payment of expenses for content, current and overhaul common property. PP RF dated 13.08.2006 No. 491, p. 38 (1)
When installing general house metering devices, each owner is presented with an invoice for payment, in which, in addition to general information about the cost of the ODPU, there is information about how much a specific owner must pay.
The expenses of each owner are determined in the form of a share proportional to the share in the common ownership of the common property. To calculate this share, the total area of \u200b\u200bthe premises is divided by the total area of \u200b\u200bthe house and multiplied by the area of \u200b\u200bthe common property.
Do I need to hold a general meeting of owners
From the "Rules for the maintenance of common property in an apartment building" it follows that ODPU are common property. In particular, such meters are part of the intra-house engineering systems... Therefore, for the installation of the ODU, a decision of the general meeting of the owners of the premises is required. The owners must be informed of the need to hold such a meeting management Company.
According to clause 5 of Article 9.16 of the Administrative Offenses Code, if the organizations responsible for the maintenance of apartment buildings evade the development and delivery of information about measures aimed at energy saving to homeowners, the controlling body in relation to the Criminal Code, the HOA will be directed to impose administrative liability in the form of a fine :
- for official in the amount of minibbles;
- for a legal entity - otrubles.
How do owners pay for the installation of common house metering devices
Payment for the installation of ODU is made in one of the following ways:
- Make a one-time deposit in 100% cash before or after installing the meter.
- Use the right of 5-year installments. In this case, the owner's share for the payment of a common metering device is set out in the receipt for utilities in equal parts within 5 years. In this case, in addition to the cost of the device, an additional interest is paid for by installments in the amount of the refinancing rate of the Central Bank of the Russian Federation.
- Use the funds of the utility contractor allocated for energy saving and energy efficiency measures.
Funds allocated for energy saving activities
In accordance with the Decree of the Government of the Russian Federation No. 354 of 05/06/2011 "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings", the utility service provider must send the resulting difference between the standard and the amount, taking into account the increasing coefficient, to energy saving measures.
Since the difference between the standard and the amount, taking into account the increasing coefficient, can be directed only to energy saving measures, such funds have a targeted character of spending, and according to the rules accounting it is necessary to ensure their separate accounting and storage from other receipts.
In this case, the amount without standards would have turned out as follows: 7 x 14.63 \u003d 102.41 rubles.
Thus, the difference between the standard and the amount, taking into account the increasing coefficient for water, is: 143.41 \u003d 39.96 rubles. It is this amount that should be directed by the contractor for energy saving measures.
The installation of a common house metering device is considered an energy saving measure, therefore, if the owners of the apartment building decide to install a metering device and there are targeted savings on the account of the utility provider, they must be sent to pay for the services for installing the ODU.
If owners refuse to pay for installation
In the event that the owners refuse to pay for the installation of the ODU, such devices will be forcibly installed by the resource supplying organization.
In accordance with clause 12 of Article 13 of the Federal Law "On Energy Saving", the owners are obliged to provide the employees of the RNO with access to the places of installation of meters and pay the costs of installing metering devices. In case of refusal to reimburse the resource supplying organization for the installation costs, the owners will have to pay additional costs associated with enforced collection.
Why installation work is not carried out at the expense of maintenance funds
Maintenance - this is a timely planned prevention of utility systems, the main way to eliminate malfunctions and minor damage. The purpose of maintenance is to protect property from premature wear and tear.
In accordance with " Methodological manual for the maintenance and repair of the housing stock "(MDK 2–04.2004), the costs of current repairs of the building must be at least 0.4 - 0.55% of its replacement cost. Inappropriate spending of current repair funds violates the scheduled preventive maintenance schedule, the systematic failure of which can lead to an emergency, sudden failure of pumping equipment, collapse of communal facilities, as well as disruption of building elements and energy metering units.
Compliance with the schedule for scheduled maintenance is the main condition for the environmental and technical safety of residents in the house. Therefore, in practice, payment for the installation of general house metering devices occurs either at the expense of the owners, or from separate targeted savings for energy saving at home.
ODPU - the first step towards automated data collection
Installation of general house metering devices - important step in the field of energy saving and since 2013 is mandatory for those houses whose condition allows installation.
The duty to install the ODU is assigned to the owners of premises in an apartment building. At the same time, the tasks of the management company include notifying the owners of the need for such an installation and monitoring the execution at all stages.
The presence of common house meters gives the management company the opportunity not only to reduce the ONE in its house, but also to deploy a full-fledged system of automated data collection. To date, such systems have already received wide use in apartment buildings due to the ability to quickly process readings, save on staff and increase the collection of payments.
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Household Water Meters Act
The President of Russia signed Federal Law No. 258-FZ on payment of bills for general household needs by collective meters. A message about this was posted on the Kremlin's website.
What the law defines
The law now contains a norm that allows residents of a house to independently choose the method of payment for utilities - according to meters or according to standards.
The new law also establishes the priority of meters over standards when calculating the amount of payment for common utilities - electricity, sanitation and water and allows residents of houses already equipped with collective meters to demand recalculation.
In the event that the meters that take into account the costs of providing the common property of residents with electricity and water are not installed in the house, the volume of consumption is still calculated based on regional standards.
Although now the payment for communal utilities can be recalculated based on the meter readings, however, in practice it is not clear how this will happen, Oleg Sukhov, chairman of the arbitration court of Moscow and the Moscow region, told RBC. “Now meters are often offered to be installed by power supply companies at their own expense. Management companies either collect funds specifically for the installation, or produce it at the expense of funds that have already been collected within the framework of general housekeeping, "Sukhov explained. According to the expert, the adoption of the amendments was caused by the fact that "the costs of general house services were actually taken out of the legal field." “Considering that the regional authorities set the standards, overpricing in this area is not uncommon,” added Sukhov.
The chairman of the Society for the Protection of Consumer Rights Mikhail Anshakov explained to RBC that, based on the wording set out in the law, the installation of general house meters will be carried out at the expense of homeowners. “In cases where the house is managed by the HOA and other forms of association of owners, they will decide this issue at a general meeting,” the expert said.
As it was before
Svetlana Razorotneva, executive director of the non-governmental organization Housing and Communal Services Control, said that the rationing of payments for general house needs existed before, but this provision was enshrined only in regional laws and in the recommendations of the Ministry of Construction.
“The regions were supposed to adopt norms for paying for general household needs for different types houses. All that was in excess of the standard had to be paid by the management companies, ”Razorotneva explained. According to her, “nobody complied with this resolution” and in order for these rules to work, another normative act and introduced the corresponding norm to the Housing Code.
However, as a result of these changes, consumers are faced with the fact that in some regions, charges for general household expenses have increased significantly in early 2017. “The fact is that the regions did not clarify the standards. Secondly, there were different techniques calculation. It often turned out that people were forced to pay more than they received in their house according to metering devices. The Ministry of Construction sent an explanatory letter that they themselves can decide how to pay for ONE - according to the standard or according to the meter. But there was no such norm in the law, ”Razvorotneva explained. According to her, the adoption of this federal law means "the restoration of common sense" (quotes from "RIA Novosti").
Olga Panteleeva, head of the single settlement center of VK Comfort JSC, which specializes in the maintenance and management of apartment buildings, agrees with her. According to her, for the end consumer, the calculation of actual costs is the most convenient and transparent, but it should be borne in mind that in different months, depending on the season, different amounts will be charged monthly.
"When using the standard, the amount of accrual is constant, but it does not reflect actual consumption and can be either higher or lower than the fact, depending on the energy efficiency class of the building, the available common house equipment, and so on," Panteleeva noted (quotes from RIA Novosti )
Communal debts of Russians
Earlier, the head of the Ministry of Construction Mikhail Men said in an interview “ Russian newspaper»That the debts of the population for utilities have reached 645 billion rubles, and the total debt is 1.34 trillion rubles. According to him, the majority of residents "quite disciplinedly" pay for housing and communal services and debtors among them - 6%. The second group of debtors is made up of legal entities - intermediaries, for example, management companies. According to him, the Ministry of Construction expects to solve this problem in the future by excluding intermediaries from the payment chain for the resources consumed by residents.
The law requires the installation of general house metering devices by July 1
Latecomers will be fined
Whom does the law oblige to establish general house and individual counterswho should pay for them, what awaits the lawbreakers? Elena MARCHAK, the head of the city department for coordination, analysis and tariff regulation of the housing and communal services industry, answers these questions.
Who should pay for the purchase and installation of a common house meter
According to Art. 13 h. 5 of the law on energy saving, it is we, the owners of residential premises in an apartment building, “are obliged to ensure that our houses are equipped with metering devices for the used water, natural gas, heat energy, electric energy, as well as the commissioning of installed metering devices”.
This statement is supported by Art. 158 of the Housing Code, which says: “The owner of a premise in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the common ownership of this property by paying maintenance fees and repair of living quarters ".
This means that the owners of the premises will sooner or later have to fork out. At the same time, the process of installing a common meter itself, as well as the issue of payment for it, can be resolved in different ways.
Residents decide themselves to install a metering device
Typically, this option is chosen in a HOA or in houses with an active house committee. Here, residents understand that the requirements of the law cannot be circumvented, and also realize the benefits of installing a metering device. As a rule, the condition of such houses is satisfactory: they do not need urgent overhaul of the water supply or electricity system, and a considerable amount has already accumulated on the account of the high-rise building.
Its tenants decide to spend on the installation of meters. To do this, they need to convene a general meeting and vote. In this case, the money is withdrawn from the item "Maintenance".
If the funds are not enough, the owners can raise funds to install the meter in addition to the main payments. Here you also need to hold a general meeting and vote for the target collection. If the majority of owners agree to additional expenses, then even those who voted against will have to bear them.
On behalf of the owners of the house, the HOA or the management company will undertake the implementation of this decision.
The counter is installed at the suggestion of the UK
If the tenants are in no hurry to install a general house metering device, then such a proposal must be put forward by the management company. In accordance with Art. 12 clause 7 of the Law on Energy Saving, the Criminal Code is obliged to "regularly (at least once a year) develop and bring to the attention of the owners of premises in an apartment building proposals on energy saving and energy efficiency measures that can be carried out in an apartment building." At the same time, it is required to indicate the costs of implementing these proposals, the volume of the expected reduction in the used energy resources and the payback period of the proposed measures.
The Criminal Code should facilitate the holding of meetings, and the tenants should either support the decision to install the meter, or reject it.
As for payment, residents will traditionally be offered to use the money under the item "Maintenance" or to organize additional fee funds. Sometimes the Criminal Code offers residents to install the meter in installments.
Resource workers undertake the installation
If by July 2012 the general house meter is not installed, then the companies that supply the house with light, water and heat will take over. Art. 13 clause 9 of the law obliges them "to carry out activities related to the installation, replacement, operation of metering devices for the energy resources used, the supply of which or the transfer of which they carry out."
The resource people will send all the Criminal Code and HOA contract, in which they will offer a metering device suitable for each specific house. Then they will set the meter themselves. The tenants and the service organization, in turn, are obliged to provide such a company with access to basements, networks and other common property objects.
Again, residents will have to pay for the meter, and you can do it in installments up to 5 years. True, interest will also be added to the total cost of the equipment, which should not exceed the refinancing rate of the Central Bank of the Russian Federation in effect on the day of accrual.
It should be noted that the owners will no longer be able to refuse the offered services. If they do not want to voluntarily pay for the meter and the costs of its installation, utility providers will easily collect this money through the courts.
If today tenants want to install a meter, but there is not enough money on the account of the house and the Criminal Code cannot provide an installment plan from its own funds, the law allows owners to contact a resource supply company and conclude an agreement with it to install a meter. And the company has no right to refuse this.
It may happen that out of cost savings, residents will simply delay the installation of the meter. Then the state will turn on tough, but legal levers: prescriptions and fines will fall on the HOA and the Criminal Code.
Codex will judge and calculate
The legislators have foreseen: it is unlikely that all tenants will rush to obey the law and install meters with pleasure. Therefore, amendments have been made to the Administrative Code of the Russian Federation providing for fines and penalties for those who do not have time to acquire metering devices in time.
If a it comes about HOA, UK, resource supplying organizations, then here officials and legal entities face fines from 5 to 150 thousand rubles.
As for the owners of residential premises, who, after July 1, do not pay for the meter and the costs of the resource supplying organization for its installation, they will have to answer in court. In this case, the tenant who has lost the lawsuit will have to pay also legal costs, up to their compulsory collection.
Recorded by Anna ZHELEZNYAK.
In Volgograd, general house metering devices are equipped with: electric meters - 56% of residential buildings; cold water supply - 11%; metering devices for hot water supply and heat supply - 25% of high-rise buildings.
In total, 2853 general house electricity meters, as well as 1177 heat meters, 56 cold water meters, 506 hot water meters were installed in Volgograd.
Individual energy metering devices must be installed by owners of residential premises at their own expense. Hot and cold water must appear in our apartments by July 1, 2012, gas meters - before January 1, 2015
At the next city-wide meeting in the mayor's office, the head of the housing and communal services and fuel and energy complex department Vladimir Agabekov reported: equipping residential buildings with collective meters is the responsibility of management companies. In this regard, the Department of Housing and Utilities and Fuel and Energy Complex of the Volgograd Administration is working with managing organizations, homeowners' associations and housing cooperatives. In the near future, an inventory of the housing stock will be carried out in all districts of the city for equipping with meters.
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General Household Needs (ODN) from January 1, 2017
The principle of paying for utilities at strictly established rates, depending on the number of residents (registered) living in the apartment, has remained in the distant past. With the development of market relations, each supplier of energy resources: electricity, water, heat, became interested in receiving payment for the actually supplied resource, regardless of the problems that this or that consumer had, in full.
This made it necessary to radically change the system of payment for the received energy resources both for the owners of premises and for management companies (MC, HOA).
But practice has shown that the volume of resources consumed by the owners of premises differs sharply from the data that resource-supplying organizations recorded using their metering devices. The situation turned out when a significant part of the resources produced and supplied to the consumer turned out to be unpaid.
The management companies did not want, and in most cases could not, for financial reasons, attribute the unaccounted for by metering devices or calculated on the basis of consumption standards part of the received but not paid resources to their own account.
Thus, common house needs (ODN) were born - a line in payment invoices, which was designed to compensate for the difference between the readings of the metering devices of the resource supplying organization and the utilities actually consumed by the owners, accounted for by individual metering devices or calculated on the basis of consumption standards.
Regulatory framework for collecting fees for ONE
The regulatory framework, on the basis of which payment is currently being charged for ONE, includes:
Taking into account that additional information only leads to an increase in social tension and the refusal of a significant part of the owners to pay for the incomprehensible or "unfair", from their point of view, expenses for the maintenance of common property, the State Duma of the Russian Federation on 05/29/2015 adopted Law No. 176-FZ which provided disappearance "of the ODN line from receipts for payment from 01.07.2016.
But, the date of entry into force of the Law was postponed by the Decree of the President of the Russian Federation until 01.01.2017, due to the sluggishness of government agencies, utilities, resource supplying organizations for its implementation as planned.
What is included in the general household needs (ODN)
Most owners believe that common house needs include the costs of:
Lighting of the entrance and the adjacent territory;
Cleaning expenses;
Heating costs of entrances and technical rooms.
In addition to the listed costs of energy resources for ONE, they also include:
Alarms and intercoms;
Emergency lighting of basement and attic rooms;
Technological losses inside the MKD associated with the features of the electrical equipment installed in it.
This also applies to payments for consumed resources by enterprises or private companies located in apartment buildings.
The same should apply to the numerous provider companies that use the premises of the MKD to host telecommunications equipment. When placing a receiving antenna on the roof of a house, several residents can use its services, but it is impossible to attribute the cost of electricity to maintain this telecommunication equipment to ONE. Electricity bills must be paid by the provider whose equipment is located in the house.
General building needs in 2017
Despite the fact that there will no longer be the "incomprehensible" and annoying ONE line in the invoices, payment for them will not disappear anywhere. It's just that all payments for those consumed for public purposes to maintain the power supply, heating, sewerage, sanitary order systems in apartment buildings (apartment buildings) in working order will be evenly distributed and added to the payment for consumed utilities in proportion to the owner's share in the common property.
The methodology for calculating common house needs will change.
From now on, payments cannot exceed the norms calculated for each of the categories of an apartment building, depending on the time of putting them into operation, number of storeys, area of \u200b\u200blocation, state engineering networks and a number of other factors. These standards are approved by decisions of municipal authorities in the regions and are designed to level the difference between charges for the same amount of supplied resources from different MCs and HOAs.
Benefits of excluding ODN row
Only CMs will be able to take advantage of the inclusion of an ONE fee in invoices. From now on, the owners of residential premises have “knocked out” the ground from under their feet for a consolidated expression of dissatisfaction at general meetings. In order to establish what general house needs and to what extent a particular owner of real estate pays, it will be necessary to conduct a full reconciliation of the accounts of at least two owners. This is a troublesome business. It is no longer necessary to say that the agenda of the general meeting of owners of apartment blocks will henceforth be raised questions about the overstatement of payments for single-use apartment buildings.
The line will not be like that. Consequently, everyone will have to express disagreement with the size of tariffs in individually, and seek an answer from the Criminal Code or HOA - alone.
Do I have to pay for ONE
The issue of the need to pay for ONE automatically ceases to be relevant from January 1, 2017, since there will no longer be such a separate line in the invoices.
Failure to pay bills for consumed utilities due to the owner's disagreement with the amount of payment for ONE, which are included in his individual account - entails the application of penalties, up to limiting the use of any utility resource: electricity, water supply. It is possible to appeal against actions to turn off the energy resource only in court. As a rule, the courts oblige energy supplying organizations to stop actions to restrict the supply of energy resources due to violation of the rules for the sanitary state of residential premises and violation of the rights of citizens living in a residential area (minor children).
But this does not relieve the obligation to pay off the existing debt.
Whatever the law is, it is the law. Therefore, whether you like it or not, you have to pay for ONE. The question is how much? But this is permitted in each specific case, and again - only in court.
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We explain what the ODPU is for and who should pay for its installation.
- In the receipts for payment for housing and communal services for November 2017, the Criminal Code included the column "Payment for the installation of the ODU". The amount indicated by the Criminal Code, we will have to pay within five years, plus to all this amount - 40% for bank charges and a commission for paying the receipt every month 10%. There was no notification from the Criminal Code of the house owners about this fee! Earlier, at general meetings, there was a conversation about the possibility of paying for the installation of an ODPU by the owners of the house, but people did not agree, and it was decided to pay for such work through the maintenance of common property service. And these are not small amounts either! Is the decision of the Criminal Code legal on additional levies from the owners of our house without their consent, and is it possible to pay for the installation of an ODPU from the "Maintenance of common property" service?
In accordance with the decree of the government of the Russian Federation, in relation to objects where general house meters have not yet been installed, there are increasing coefficients to the standards. Since 2017, the coefficient is 1.6. That is, tenants of houses without an ODPU pay 1.6 times more. So today it has become not at all profitable to live without a common house meter. This decree has been in effect since 2013, however, until now, general house meters are not installed everywhere.
What is a common house meter for?
ODPU allows you to control the actual consumption of the resource in the house and fix its real volumes - water, electricity, gas and heat. Therefore, first of all, the general house meter is installed in order not to overpay for losses on the supplier's backbone networks.
Utilities costs are formed by two factors: the established tariffs and the amount of consumed resources. Tariffs for housing and communal services are constantly growing, and the consumer has no opportunity to influence this. Nevertheless, influencing the second factor - the amount of consumed resource, the management company and apartment owners have a real opportunity to save money.
Installation of ODU allows:
pay for resource consumption after the fact;
to differentiate losses for losses on backbone networks between the resource supplying organization and the owners;
fix the loss of resources.
Thus, the presence of a PDPU is the only way to determine the real consumption of resources in the house.
Do I need a general house meter if the apartments have individual metering devices?
If individual metering devices (IPU) are installed in the apartments, the owners pay for what they actually consumed. However, in addition to individual consumption, the receipts for payment for utilities also contain the general household consumption (general household needs - ODN).
Ideally, the category of common house expenses should include the consumption of a resource for the maintenance of common house property (for example, landings, elevators, roofs, attics and basements, playgrounds). But in practice, this category includes the entire resource that was not taken into account by individual metering devices, including all kinds of leaks. As a result, the volume of the resource written off in the ODN column can grow to an abnormal 30% of individual consumption, or even higher. While "normal" is ONE, not exceeding 1.5 - 2%.
In the absence of a common house metering device, it is impossible to determine where the leaks are. They can be both in the system of the house itself and in networks from the resource organization to the blast-furnace approach to it. The presence of ODPU makes it possible to pay only for the amount of the resource that really came into the house.
In itself, the presence of a general house meter does not save from an overestimated ONE: there are leaks inside the house itself and about a dozen more reasons affecting the growth of this expense item. However, installing a common meter is the first step towards reducing costs.
To date, it is becoming less and less profitable for management companies to do without a common house metering device (ODPU). In accordance with the Decree of the Government of the Russian Federation of 04/16/2013 No. 344, in relation to objects where general house meters have not yet been installed, increasing coefficients to the standards are already starting to operate. And by 2017, the ratio will increase to 1.6 times.
In this article, we will tell you who should pay for common house metering devices, and how to organize the installation of a common house meter in an apartment building.
Why do you need a general house meter
The general house metering device allows you to control the actual consumption of the resource within the house and record the real volumes of the supplied resource - water, electricity, gas and heat. Therefore, first of all, the ODPU is installed in order not to overpay for the volume of losses on the supplier's backbone networks.
Utility costs are formed by 2 factors: the volume of the consumed resource and the approved tariffs. Tariffs for housing and communal services are growing every six months, and the consumer has no opportunity to influence their growth. Nevertheless, influencing the second factor - the amount of consumed resources, the management company and apartment owners have a real opportunity to save costs.
Installation of ODU allows:
- pay for resource consumption after the fact;
- to differentiate losses for losses on backbone networks between RNO and owners;
- fix the loss of resources.
Thus, the presence of a PDPU is the only way to determine the real consumption of resources in the house.
Do I need a general house meter if the apartments have individual metering devices
If individual metering devices (IPU) are installed in the apartments, the owners pay for what they actually consumed. However, in addition to individual consumption, in receipts for payment for utilities, there is also a general household expense (ODN).
Ideally, the category of general consumption should include the consumption of resources for servicing common areas. But in practice, the entire resource that has not been taken into account by individual metering devices falls under this category - including all kinds of leaks. As a result, the volume of the resource written off in the ODN column can grow to an abnormal size of 30% of individual consumption and more. While "normal" is considered to be ONE, not exceeding 1.5-2%.
In the absence of a general house metering device, it is impossible to determine where the leaks are. They can be both in the system of the house itself, and in networks from the resource organization to the house.
The presence of general housekeeping makes it possible to pay only for the resource that was actually delivered to the house.
In itself, the presence of a common house meter does not save from an overestimated ONE - there are still leaks inside the house itself and about a dozen other reasons affecting the growth of this expense item.
However, installing a common meter is the first step towards reducing costs.
In which houses is it necessary to install a general house metering device
The installation of general house metering devices depends on the degree of home improvement. Household meters of water, electricity, gas and heat must be in houses connected to centralized power supply networks, as well as to systems:
- district heating;
- centralized water supply;
- centralized gas supply;
- other systems of centralized energy supply.
Moreover, such requirements do not apply to dilapidated, emergency facilities, and facilities in which:
- power consumption of electrical energy is less than 5 kWh;
- the maximum volume of heat energy consumption is less than two tenths of Gcal / h;
- the maximum consumption of natural gas is less than 2 m³ / h.
Who pays for the installation of common house metering devices
In accordance with the Federal Law "On Energy Saving", the cost of installing the ODU completely falls on the owners of the residential building.
The owners of the premises are obliged to pay the costs of installing a common house metering device on the basis of invoices, except for cases when such costs were taken into account as part of the payment for the maintenance and repair of the residential premises and (or) as part of mandatory payments and (or) contributions related to the payment of expenses for the maintenance, current and major repairs of common property. PP RF dated 13.08.2006 No. 491, p. 38 (1)
When installing general house metering devices, each owner is presented with an invoice, in which, in addition to general information about the cost of the ODPU, there is information about how much a particular owner must pay.
The expenses of each owner are determined in the form of a share proportional to the share in the common ownership of the common property. To calculate this share, the total area of \u200b\u200bthe premises is divided by the total area of \u200b\u200bthe house and multiplied by the area of \u200b\u200bthe common property.
For example, if the area of \u200b\u200bthe premises is 100 m², the area of \u200b\u200bthe house is 9,000 m², and the common property is 1500 m², then the share of the owner will be: 100/9000 x 1500 \u003d 16.67 m².
Do I need to hold a general meeting of owners
From the "Rules for the maintenance of common property in an apartment building" it follows that ODPU are common property. In particular, such meters are part of building engineering systems. Therefore, for the installation of the ODU, a decision of the general meeting of the owners of the premises is required. The management company must inform the owners of the need to hold such a meeting.
Despite the fact that the role of the management company during the general meeting is limited only to familiarization activities, if the owners are not notified of the need to install metering devices, the management company faces a fine.
According to clause 5 of Article 9.16 of the Administrative Offenses Code, if the organizations responsible for the maintenance of apartment buildings evade the development and delivery of information about measures aimed at energy saving to homeowners, the controlling body in relation to the Criminal Code, the HOA will be directed to impose administrative liability in the form of a fine :
- for an official in the amount of 5,000 to 10,000 rubles;
- for a legal entity - from 20,000 to 30,000 rubles.
How do owners pay for the installation of common house metering devices
Payment for the installation of ODU is made in one of the following ways:
- Make a one-time 100% deposit of funds before or after installing the meter.
- Use the right of 5-year installments. In this case, the owner's share for the payment of a common metering device is set out in the receipt for utilities in equal parts within 5 years. In this case, in addition to the cost of the device, an additional interest is paid for by installments in the amount of the refinancing rate of the Central Bank of the Russian Federation.
- Use the funds of the utility contractor allocated for energy saving and energy efficiency measures.
Funds allocated for energy saving activities
In accordance with the Decree of the Government of the Russian Federation No. 354 of 05/06/2011 "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings", the utility service provider must send the resulting difference between the standard and the amount, taking into account the increasing coefficient, to energy saving measures.
Since the difference between the standard and the amount, taking into account the increasing coefficient, can be directed only to energy saving measures, such funds have a targeted nature of spending, and according to accounting rules, it is necessary to ensure their separate accounting and storage from other receipts.
Let's look at an example. Let's say the volume of water per person per month is 7 m³. The increasing coefficient in 2016 is 1.4. With a tariff of 14.63 rubles. for 1 m³, we get the following: 7 x 1.4 x 14.63 \u003d 143.37 rubles.
In this case, the amount without standards would have turned out as follows: 7 x 14.63 \u003d 102.41 rubles.
Thus, the difference between the standard and the amount, taking into account the increasing coefficient for water, is: 143.37 - 102.41 \u003d 39.96 rubles. It is this amount that should be directed by the contractor for energy saving measures.
The installation of a common house metering device is considered an energy saving measure, therefore, if the owners of the apartment building decide to install a metering device and there are targeted savings on the account of the utility provider, they must be sent to pay for the services for installing the ODU.
If owners refuse to pay for installation
In the event that the owners refuse to pay for the installation of the ODU, such devices will be forcibly installed by the resource supplying organization.
In accordance with clause 12 of Article 13 of the Federal Law "On Energy Saving", the owners are obliged to provide the employees of the RNO with access to the places of installation of meters and pay the costs of installing metering devices. In case of refusal to reimburse the resource supplying organization for the installation costs, the owners will have to pay additional costs associated with enforced collection.
Why installation work is not carried out at the expense of maintenance funds
Routine repair is a timely planned prevention of utility systems, the main way to eliminate malfunctions and minor damages. The purpose of maintenance is to protect property from premature wear and tear.
In accordance with the "Methodological manual for the maintenance and repair of the housing stock" (MDK 2–04.2004), the cost of current repairs of a building must be at least 0.4 - 0.55% of its replacement cost. Inappropriate spending of current repair funds violates the scheduled preventive maintenance schedule, the systematic failure of which can lead to an emergency, sudden failure of pumping equipment, collapse of communal facilities, as well as disruption of building elements and energy metering units.
It is allowed to carry out work on the installation of the ODU at the expense of current repairs if the property is in satisfactory condition. But, as a rule, the physical wear and tear of the housing stock is 70-80% and requires reconstruction.
Compliance with the schedule for scheduled maintenance is the main condition for the environmental and technical safety of residents in the house. Therefore, in practice, payment for the installation of general house metering devices occurs either at the expense of the owners, or from separate targeted savings for energy saving at home.
ODPU - the first step towards automated data collection
The installation of common house metering devices is an important step in energy conservation and since 2013 has been mandatory for those houses whose condition allows installation.
The duty to install the ODU is assigned to the owners of premises in an apartment building. At the same time, the tasks of the management company include notifying the owners of the need for such an installation and monitoring the execution at all stages.
The presence of common house meters gives the management company the opportunity not only to reduce the ONE in its house, but also to deploy a full-fledged system of automated data collection. Today, such systems have already become widespread in apartment buildings due to the ability to quickly process readings, save on staff and increase the collection of payments.
See the system of automated collection of readings "STRIZH"
Continuing the article.
Latecomers will be fined
Whom does the law oblige to install general and individual meters, who should pay for them, what awaits violators of the law? Elena MARCHAK, the head of the city department for coordination, analysis and tariff regulation of the housing and communal services industry, answers these questions.
Who should pay for the purchase and installation of a common house meter
According to Art. 13 h. 5 of the law on energy saving, it is we, the owners of residential premises in an apartment building, “are obliged to ensure that our houses are equipped with metering devices for the used water, natural gas, heat energy, electric energy, as well as the commissioning of installed metering devices”.
This statement is supported by Art. 158 of the Housing Code, which says: “The owner of a premise in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining common property in an apartment building in proportion to his share in the common ownership of this property by paying maintenance fees and repair of living quarters ".
This means that the owners of the premises will sooner or later have to fork out. At the same time, the process of installing a common meter itself, as well as the issue of payment for it, can be resolved in different ways.
The residents decide themselves to install the meter
Typically, this option is chosen in a HOA or in houses with an active house committee. Here, residents understand that the requirements of the law cannot be circumvented, and also realize the benefits of installing a metering device. As a rule, the condition of such houses is satisfactory: they do not need urgent overhaul of the water supply or electricity system, and a considerable amount has already accumulated on the account of the high-rise building.
Its tenants decide to spend on the installation of meters. To do this, they need to convene a general meeting and vote. In this case, the money is withdrawn from the item "Maintenance".
If the funds are not enough, the owners can raise funds to install the meter in addition to the main payments. Here you also need to hold a general meeting and vote for the target collection. If the majority of owners agree to additional expenses, then even those who voted against will have to bear them.
On behalf of the owners of the house, the HOA or the management company will undertake the implementation of this decision.
The counter is installed at the suggestion of the UK
If the tenants are in no hurry to install a general house metering device, then such a proposal must be put forward by the management company. In accordance with Art. 12 clause 7 of the Law on Energy Saving, the Criminal Code is obliged to "regularly (at least once a year) develop and bring to the attention of the owners of premises in an apartment building proposals on energy saving and energy efficiency measures that can be carried out in an apartment building." At the same time, it is required to indicate the costs of implementing these proposals, the volume of the expected reduction in the used energy resources and the payback period of the proposed measures.
The Criminal Code should facilitate the holding of meetings, and the tenants should either support the decision to install the meter, or reject it.
With regard to payment, residents will traditionally be offered to use the money under the item "Maintenance" or to organize an additional fundraising. Sometimes the Criminal Code offers residents to install the meter in installments.
Resource workers undertake the installation
If by July 2012 the general house meter is not installed, then the companies that supply the house with light, water and heat will take over. Art. 13 clause 9 of the law obliges them "to carry out activities related to the installation, replacement, operation of metering devices for the energy resources used, the supply of which or the transfer of which they carry out."
Resource workers will send all UK and HOA an agreement in which they will offer a metering device suitable for each particular house. Then they will set the meter themselves. Residents and the service organization, in turn, are obliged to provide such a company with access to basements, networks and other objects of common property.
Again, residents will have to pay for the meter, and you can do it in installments up to 5 years. True, interest will also be added to the total cost of the equipment, which should not exceed the refinancing rate of the Central Bank of the Russian Federation in effect on the day of accrual.
It should be noted that the owners will no longer be able to refuse the offered services. If they do not want to voluntarily pay for the meter and the costs of its installation, utility providers will easily collect this money through the courts.
If today tenants want to install a meter, but there is not enough money on the account of the house and the Criminal Code cannot provide an installment plan from its own funds, the law allows owners to contact a resource supply company and conclude an agreement with it to install a meter. And the company has no right to refuse this.
It may happen that out of cost savings, residents will simply delay the installation of the meter. Then the state will turn on tough, but legal levers: prescriptions and fines will fall on the HOA and the Criminal Code.
Codex will judge and calculate
The legislators have foreseen: it is unlikely that all tenants will rush to obey the law and install meters with pleasure. Therefore, amendments have been made to the Administrative Code of the Russian Federation providing for fines and penalties for those who do not have time to acquire metering devices in time.
If we are talking about homeowners' associations, management companies, resource-supplying organizations, then officials and legal entities are threatened with fines from 5 to 150 thousand rubles.
As for the owners of residential premises, who, after July 1, do not pay for the meter and the costs of the resource supplying organization for its installation, they will have to answer in court. In this case, the tenant who has lost the lawsuit will have to pay also legal costs, up to their compulsory collection.
Recorded by Anna ZHELEZNYAK.
Infographics
In Volgograd, general house metering devices are equipped with: electric meters - 56% of residential buildings; cold water supply - 11%; metering devices for hot water supply and heat supply - 25% of high-rise buildings.
Numeral:
In total, 2853 general house electricity meters, as well as 1177 heat meters, 56 cold water meters, 506 hot water meters were installed in Volgograd.
Sidebar:
Owners of residential premises need to install individual energy metering devices at their own expense. Hot and cold water meters should appear in our apartments by July 1, 2012, gas meters - by January 1, 2015.
To this topic:
At the next city-wide meeting in the mayor's office, the head of the housing and communal services and fuel and energy complex department Vladimir Agabekov reported: equipping residential buildings with collective meters is the responsibility of management companies. In this regard, the Department of Housing and Utilities and Fuel and Energy Complex of the Volgograd Administration is working with managing organizations, homeowners' associations and housing cooperatives. In the near future, an inventory of the housing stock will be carried out in all districts of the city for equipping with meters.
