Government Decree 354 of 05/06/2011 - these are the rules for the provision of public services to the population. It determines the procedure for concluding contracts with the RSO and the Criminal Code, the size of the standards for personal and general household use. But most importantly, the resolution prescribes in detail exactly how each utility service should be provided.
The resolution is quite voluminous, and a thoughtful acquaintance with it will take a long time. Despite this, it makes sense to familiarize yourself with it. In fact, this document will answer any question about housing and communal services and the procedure for obtaining them.
If the owners of your house decide to follow the latest communal trends and switch to direct contracts with a resource supply company, then you will need to know how to correctly conclude this contract, what kind of sample it should be and, of course, the responsibilities of the parties. If earlier on your behalf the Criminal Code dealt with all the conditions, now it will be your job. Or the lawyer you hired.
Naturally, the RNO agreement will provide a standard one that has been worked out for years, but you need to check it. So, in the resolution you can find out:
- what contracts need to be concluded for heat supply, water supply (hot and cold), water disposal;
- where to find out about the terms of the previous agreement with these organizations;
- what kind of participation in the agreement with RNO the tenants of premises take;
- what technical conditions must be met in the house.
There is a separate clause on contracts for gas supply, heating and water supply for the owners of private households.
Another important point is the procedure for providing housing and communal services for apartment buildings managed by a HOA or housing cooperative. Here, too, there are a number of nuances that must be in the contract. The terms in which the service should be provided to residents are indicated.
And the latest amendments to the decree concern the removal and disposal of garbage. Again, what, when and to what extent the owners will receive from the regional operator.
The full version of the document, as well as amendments to it, can be found
Appendix # 2
to the Terms of Service
public services to citizens
Calculation of the amount of payment for utilities
S i
N t - standard of heat energy consumption for heating (Gcal / m2);
T T - the tariff for heat energy established in accordance with the legislation Russian Federation (RUB / Gcal);
| Until 08.06.2011 | From 08.06.2011 |
| 2) the amount of payment for heating (rubles) in the i-th residential area of \u200b\u200ban apartment building is adjusted once a year by the contractor according to the formula: =  , (2)
| 2) has become invalid; |
, (3)
n i - the number of citizens living (registered) in the i-th dwelling (apartment, residential building) (people);
N j - the standard of consumption of the corresponding utility service (for cold water supply, hot water supply and sewerage - cubic meters per month for 1 person; for power supply - kWh per month for 1 person);
T ky - the tariff for the corresponding utility resource, established in accordance with the legislation of the Russian Federation (for cold water supply, hot water supply and wastewater disposal - rubles / cubic meters; for power supply - rubles / kWh);
| Until 08.06.2011 | From 08.06.2011 |
4) the amount of payment for cold water supply, hot water supply, sewerage and electricity supply (rubles) once a quarter (if provided by the contract - once a year) is adjusted by the contractor according to the formula: \u003d  , (4)
| 4) has become invalid; |
, (5)
S i - the total area of \u200b\u200bthe i-th room (apartment) in an apartment building or the total area of \u200b\u200ba residential building (sq. m);
N go-1 - the standard for gas consumption for heating residential premises in an apartment building or a residential building, including ancillary premises of a residential building, including premises for keeping livestock, baths and greenhouses, established per unit area of \u200b\u200bthe premises (cubic m / sq. m per month) ;
n i
N gp - standard for gas consumption for cooking (cubic meters per month for 1 person);
N gv- gas consumption standard for water heating in the absence of centralized hot water supply (cubic meters per month for 1 person);
T g - the tariff (price) for gas, established in accordance with the legislation of the Russian Federation (rubles / cubic meter).
2. When equipping an apartment building with collective (general) metering devices and the absence of individual and general (apartment) metering devices, the amount of payment for utilities in a residential building is determined in the following order:
1) the amount of payment for cold water supply, hot water supply, gas supply and electricity supply (rubles) is determined by the formula:
, (6)V D - the volume (amount) of a communal resource (cold water, hot water, gas or electric energy) actually consumed for the billing period, determined according to the indication of a collective (common house) meter in an apartment building or in a residential building (cubic meters, kWh) ;
V nki - the volume (amount) of the communal resource (cold water, hot water, gas, electric energy) consumed for the billing period in the i-th non-residential premises (excluding common areas) (cubic meters, kWh), determined in accordance with paragraph 20 of the Rules for the provision of communal services to citizens;
T ky - the tariff for the corresponding utility resource, established in accordance with the legislation of the Russian Federation (for cold water supply, hot water supply, gas supply and wastewater disposal - rubles / cubic meters; for power supply - rubles / kWh);
n i - the number of citizens living (registered) in the i-th dwelling (apartment, communal apartment, residential building) (people);
n D - the number of citizens registered at the place of residence and place of stay in all living quarters of the house, not equipped with individual metering devices (people);
2) the amount of payment for heating (rubles) in the i-th residential area of \u200b\u200ban apartment building is determined by the formula:
, (7) S i - the total area of \u200b\u200bthe i-th room (apartment) in an apartment building or the total area of \u200b\u200ba residential building (sq. m);
V t - average monthly volume of heat energy consumption for heating for the previous year (Gcal / sq. m);
T T
In the absence of information on the volumes of heat energy consumption for the past year, the amount of payment for heating is determined by formula 1;
3) the amount of payment for heating in the i-th residential area of \u200b\u200ban apartment building (rubles) is adjusted once a year by the contractor according to the formula:
=
, (8) P k.np - the amount of payment for heat energy, determined based on the indications of collective (common house) metering devices installed in an apartment building (rubles);
S i - the total area of \u200b\u200bthe i-th room (apartment, non-residential premises) in an apartment building or the total area of \u200b\u200ba residential building (sq. m);
S D - the total area of \u200b\u200ball premises in an apartment building or residential building (sq. m);
P fni - the total amount of payment for heating in the i-th residential area of \u200b\u200ban apartment building for the past year (rubles).
| Until 08.06.2011 | From 08.06.2011 |
| 3. When equipping an apartment building with collective (general) metering devices and individual or all rooms in an apartment building with individual and (or) general (apartment) metering devices, the amount of payment for utilities in living quarters is defined in the following order: | 3. When equipping an apartment building with collective (general) metering devices and individual or all premises in an apartment building with individual and (or) general (apartment) metering devices, the amount of payment for utilities is determined in the following order: |
| Until 08.06.2011 | From 08.06.2011 |
in rooms not equipped with metering devices, is determined by formula 3, and in rooms equipped with metering devices is determined by the formula:  , (9)
| 1) the amount of payment (rubles) for cold water supply, hot water supply, gas supply, electricity supply in residential and non-residential premises equipped with an individual and (or) general (apartment) metering device or not equipped with an individual and (or) general (apartment) metering device, is determined by the formula:  , (9)
|
| Until 08.06.2011 | From 08.06.2011 |
3) the amount of payment for heating in the i-th residential area of \u200b\u200ban apartment building, equipped with metering devices (RUB), once a year is adjusted by the contractor according to the formula:  , (10)
| 3) the amount of payment for heating in the i-th residential or non-residential premises of an apartment building (rubles) is adjusted once a year by the contractor according to the formula:  , (10)
|
, (11)
P k.p - payment for heat energy, determined using collective (common house) metering devices installed in an apartment building (rubles);
P n - payment for heat energy according to the consumption standards in the u-th room not equipped with distributors (rubles);
k - the number of apartments not equipped with heat distributors (pcs.);
m i.q - the share of payments attributable to the q-th distributor installed in the i-th room;
p - the number of distributors installed in the i-th room (pcs.);
m j - the share of payments attributable to the j-th distributor installed in an apartment building;
t - the number of distributors installed in an apartment building (pcs.);
P fn.i - the total amount of payment for heating in the i-th dwelling in an apartment building for the past year (rubles).
4. When equipping a communal apartment with common (apartment) metering devices and the absence of individual metering devices, the amount of payment for utilities in the j-th dwelling is calculated in the following order:
1) the amount of payment for cold water supply, hot water supply, gas supply, electricity supply or water disposal (rubles) is determined by the formula:
, (12) V j.i - the volume (amount) of consumed cold water, hot water, gas (cubic meters), electrical energy (kWh) or the volume of discharged domestic wastewater (cubic meters) in the j-th living room of the i-th communal apartment;
T ky - the tariff for the corresponding utility resource, established in accordance with the legislation of the Russian Federation (for cold water supply, hot water supply, gas supply, sewerage - RUB / cubic meter; for electricity - RUB / kWh);
2) the volume (amount) of consumed cold water, hot water, gas (cubic meters), electrical energy (kWh) or the volume of discharged domestic wastewater (cubic meters) in the j-th living room of the i-th communal apartment is calculated by the formula :
, (13)V i - the volume (amount) of consumed cold water, hot water, gas (cubic meters) or electrical energy (kWh) in the i-th communal apartment, determined according to the readings of the general (apartment) metering device, or the volume of discharged waste, calculated as total the volume of consumed cold and hot water (cubic meters);
n j.i
n i
3) the amount of payment for heating in the j-th dwelling in the i-th communal apartment (rubles) is determined by the formula:
, (14) The volume (amount) of heat energy accounted for by the i-th communal apartment (Gcal);
S j.i - living area of \u200b\u200bthe j-th living quarters (rooms, rooms) in the i-th communal apartment (sq. m);
S ki- total living area of \u200b\u200bliving quarters (rooms) in the i-th communal apartment (sq. m);
T T- the tariff for heat energy, established in accordance with the legislation of the Russian Federation (RUB / Gcal).
5. When equipping a communal apartment with general (apartment) and individual electric energy metering devices, the amount of payment for lighting of auxiliary use premises, which are common property in a communal apartment, attributable to the j-th dwelling in the i-th communal apartment (rubles), is determined according to the formula:
, (15) E i - the amount of electrical energy determined by the general metering device in the i-th communal apartment (kWh);
E j.i - the amount of electrical energy, determined by the metering device installed in the j-th dwelling in the i-th communal apartment (kWh);
r - the number of residential premises in the i-th communal apartment (pcs.);
n j.i - the number of citizens living in the j-th dwelling in the i-th communal apartment (people);
n i - the number of citizens living in the i-th communal apartment (people);
T E - the tariff for electric energy, established in accordance with the legislation of the Russian Federation (RUB / kWh).
6. In case of repeated (2 or more times) refusal by the consumer to admit the contractor or his authorized person to the residential premises occupied by the consumer for taking readings of individual metering devices, the amount of payment for utilities is determined in the manner specified in paragraph 1 of this Appendix, starting from the month , in which the consumer for the second time did not allow the indicated persons to take readings of individual metering devices, up to the month (inclusive) in which the consumer eliminated the specified violation. In this case, the contractor recalculates the amount of payment for utilities using the readings of metering devices in accordance with the Rules for the provision of utilities to citizens.
Every citizen is interested in what rule for calculating the cost of utilities is in effect now. Therefore, paragraph of Art. 354 can reveal important questions, and give answers 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 last ed... 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 date of the conclusion of the lease for the premises, from the day of the lease and entry into the apartment building. Arbitrage practice confirms the guarantor of compliance with Resolution 354 throughout the Russian Federation, including the Moscow region, Kirov and Perm.
Heating
This section describes 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 voltage standards are indicated, the period that is possible due to a temporary lack of energy, on the verification of lines and on energy saving. During the year, there is a limit 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 an application for free, which contains order 354, where there is a calculation form, correction and comments.
Posted on the official website of the Ministry of Regional Development of Russia
ANSWERS TO QUESTIONS ON THE APPLICATION OF THE RULES FOR PROVIDING UTILITIES, APPROVED BY THE REGULATION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION N 354 OF 05/06/2011
ANSWERS TO QUESTIONS ON THE APPLICATION OF THE RULES OF PROVIDING UTILITIES,
APPROVED BY THE DECREE OF THE GOVERNMENT OF THE RUSSIAN FEDERATION dated 06.05.2011 N 354
DETERMINATION OF THE AMOUNT OF THE PAYMENT WITH THE APPLICATION OF CONSUMPTION REGULATIONS OF UTILITY SERVICES
Question
Considering that the number of consumers will be determined on the basis of actually permanently and temporarily residing citizens in the dwelling, can the contractor calculate based on the data he has on the number of registered ones, or only be guided by information provided by the consumer himself? And if such information is not provided or does not coincide with the number of registered ones (there will be less), what actions of the performer will be legal?
Answer
The contractor determines the amount of payment for utilities based on the number of registered citizens and is obliged to recalculate only when the consumer provides documents confirming his temporary absence from the residential premises.
As for citizens temporarily residing and not registered in the dwelling, information about them is provided by the consumer himself to the performer.
Question
There is no individual water meter in an apartment or a residential building. The actual number of residents without registration exceeds the number of registered ones. Who is authorized to fix the actual number of residents for accrual according to the standards?
Answer
There are no norms on this issue in Regulation No. 354.
As practice shows, the Managing Organizations, either unilaterally or with the involvement of citizens living in this apartment building, draw up acts of residence in the residential premises of citizens, on the basis of which they begin to charge utility bills based on the established number of residents.
However, if the owner of such a residential premises applies to the court with a statement about the illegality of charges, the courts do not in all cases evaluate the acts of residence drawn up by the managing organization as sufficient evidence of the fact of citizens' residence.
In our opinion, when drawing up such acts of the UO, it is advisable to involve a district police officer, since it is this official who is authorized under the Code of Administrative Offenses of the Russian Federation to draw up protocols on administrative offenses for living at the place of stay without registration.
Based on the check carried out by the district police officer, it becomes possible to establish the personal data of residents and subsequently involve them in the trial as witnesses or as 3 persons.
In addition, the relevant materials of the check can be attached to the case as evidence.
Question
The owners of the apartment are not registered, tenants actually live in the apartment. How to calculate payment for cold water supply in the absence of IPU and OPU?
Answer
In this case, it is possible to apply the rule of part 11 of article 155 of the RF LC that the non-use by the owner of the premises (due to the lack of his registration) does not exempt such owner from paying utility bills and charge a fee according to consumption standards for the number of owners, guided by this and the norm of part 2 of article 153 of the RF LC on the occurrence of the owner's obligation to pay utility bills from the moment the ownership of the premises arises. Or it is possible to establish by a management agreement the procedure for registering the facts of consumers' residence in residential premises with the subsequent presentation of such an act and invoices for payment to the owner of the corresponding premises. However, the owner's disagreement to pay utility bills based on the number of tenants living with him, who are not declared by him as residents, will not allow the management organization to receive the corresponding payment.
Question
If the owner is not registered in the apartment, are charges made on him?
Answer
In accordance with part 2 of article 153 of the RF LC, the owner is obliged to pay for utilities from the moment of acquiring ownership. In accordance with part 11 of article 155 of the RF LC, non-use of the premises is not a reason for non-payment of utility bills. In the case of a temporary absence of consumers, the amount of payment determined on the basis of the consumption standard is recalculated for the period of temporary absence. We believe that when using part 11 of article 155 of the RF LC, you can charge a fee to the owner of the premises in the absence of a statement about the temporary absence of consumers in the corresponding premises.
Question
If the apartment is owned not by one owner, but by 1/2, 1/3, etc. then accruals according to the standards are made for each apartment owner?
Answer
Yes, the payment for utilities is determined according to the number of owners (who are considered to be living before the submission of an application for temporary absence - in accordance with Part 11 of Article 155 of the RF LC), regardless of the share of each owner in the common shared ownership of the dwelling.
Question
The owner gives notice of his absence within five years. We do not charge him services, and three other people have lived in his apartment for all five years (for example, he rents an apartment without notice). How to be in such a situation with charges?
Answer
In this situation, it is necessary to identify and record the facts of citizens' residence in a residential building and make accruals based on the number of citizens living and the established period of their residence. We recommend that the facts of citizens 'residence be recorded with the participation of a district authorized police officer, since it is this official who, in accordance with the Code of Administrative Offenses of the Russian Federation, is authorized to consider cases of citizens' residence without registration.
Question
How to make charges for utilities if unregistered citizens live in the apartment and the owner of the premises does not register them?
Answer
The calculation of the amount of payment is carried out on the basis of the number of registered citizens before establishing and fixing the fact of residence of other citizens in order to verify the fulfillment of the requirements of administrative legislation on the registration of citizens, or by the management organization independently with the involvement of other persons.
Question
How to force the owner to send an application to the UO about the presence of unregistered tenants living in his apartment. What sanctions can be applied to them? Can the court oblige them?
Answer
The court cannot oblige the owner to send such a statement.
The sanction that can be applied to the owner is compensation for losses.
In this case, the way to protect the rights of the managing organization is to claim compensation for losses caused by the inaction of the owner who did not report the residents. The management organization must prove the fact of inaction.
Question
If a constituent entity of the Russian Federation has established consumption standards with their entry into force from 01.01.2013, do we have the right to present a payment according to the old standards?
Answer
Before 01.01.2013 - yes, after - no. At the same time, during the period of application of the old standards for the consumption of utilities, the amount of payment for utilities is to be determined using the calculation formulas specified in Rules N 354, except for the case of applying Rules N 307 for payments for heating in accordance with the Decree of the Government of the Russian Federation N 857.
Question
How to calculate payment for utilities to managing organizations if the subject of the Russian Federation has not accepted no standards
? We have neither old nor new standards!
Answer
The new standards for the consumption of utilities are understood as the standards adopted by the constituent entity of the Russian Federation with the entry into force after 1.09.2012. and established in accordance with Rules N 306 as amended by the Decree of the Government of the Russian Federation of March 28, 2012. N 258 "On Amendments to the Rules for Establishing and Determining the Norms for the Consumption of Utilities". The old standards mean the standards that were in force for calculating utility bills before 1.09.12, incl. previously approved by the local government before 27.07.2010. If on the territory of the municipality the standards for the consumption of utilities, previously approved by the compulsory medical insurance, were canceled, then most likely the consumption standards that were in force before the approval of the canceled ones are subject to application. For these purposes, it is necessary to look at the wording of the abolished normative legal acts of the CHI. In the period before the entry into force of new standards for the consumption of utilities after 1.09.2012. when determining the payment for utilities, those standards for the consumption of utilities should be applied that were applied in settlements with consumers of utilities during the period of validity of Regulation N 307, i.e. in the period up to 1.09.2012
Question
How will payment be made for KU (specifically for electricity supply) in a communal apartment in the absence of an apartment meter?
Answer
According to clause 50 of Rules N 354, the calculation of the amount of payment for a utility service provided to a consumer living in a room (rooms) in a communal apartment is carried out in accordance with formulas 7, 16 and 19 of Appendix N 2 to the Rules. In accordance with the procedure established by Regulation No. 354 (indicated by the formulas), the readings of room metering devices in a communal apartment not equipped with apartment metering devices are not taken into account when calculating the amount of payment for power supply services. For such accounting, it is necessary to equip the apartment with an apartment meter.
Question
How is the calculation of the amount of payment for utilities carried out in the cases provided for by the Rules in the absence of standards for the consumption of utilities in relation to households approved by the state authorities of the constituent entities of the Russian Federation?
Answer
Payment for utilities consumed when using the land plot and outbuildings is determined according to the current standards for the consumption of utilities, if any. In the absence of such standards, the volume of consumption of the corresponding utilities is determined by calculation.
DETERMINATION OF THE SIZE OF THE BOARD IN THE PRESENCE OF IS
Question
As in the case of transmission of readings by telephone, identify the subscriber. After all, mistakes, forgeries are possible, how can you then prove that the organization did not invent these testimonies? When transmitting by e-mail, the Subscriber himself indicates his postal address in the application and all messages coming from the specified mailbox are accepted unconditionally, since a written trace remains. With oral transmission, nothing remains.
Answer
When taking the readings of metering devices, it is recommended to set a code, password, etc. for each personal account, allowing to identify the payer.
Question
According to the period of taking the IPU readings. Regulation N 354 determined the deadline for the submission of the testimony of the IPU from the 23rd to the 25th (no later than the 26th) It is very problematic to get a decision of the OSS to change these terms in a short time. Question: if citizens submitted testimony to the IPU, for example, on the 29th (or on any other day), do we have the right to take into account these testimonies or consider these testimonies not transmitted within the time period established by Regulation N 354 and calculate the average monthly consumption?
Answer
According to paragraphs. c) clause 34 of Rules N 354, the consumer is obliged:
- take readings of the IPU in the period from the 23rd to the 25th day of the current month;
- transfer the received testimony to the performer or to a person authorized by him no later than the 26th day of the current month, (except for cases when, in accordance with the Rules, an agreement containing provisions on the provision of utilities, and (or) decisions of the general meeting of owners of premises in an apartment building on taking readings of such metering devices, the contractor (person authorized by him) or another organization is obliged to perform.
Thus, the term for the acceptance by the contractor of the testimony of the IPU is from 23 to 26 inclusive. If the consumer has not fulfilled these obligations within the specified period, the amount of the fee is calculated based on the average monthly consumption in the manner prescribed by clause 59 of Rules N 354.
At the same time, we believe that the readings of metering devices provided after the 26th of the billing month can be used by the contractor to calculate the payment for utilities for the corresponding month, if this does not violate the deadline for submitting the payment document to consumers established by the agreement with the contractor of utilities containing the conditions for providing utilities.
Question
How to determine for what billing period the meter readings were taken, if consumers transmit these readings by phone, via the Internet?
Answer
Consumers are required to take readings from the IMU in the period from the 23rd to the 25th day of the current month and transfer the received readings to the performer or a person authorized by him no later than the 26th day of the current month (clause 34 of Rules N 354). If the consumer did not transfer the readings of the IPU to the contractor in time, then the amount of the fee is determined based on the average monthly consumption (clause 59 of Rules N 354). Based on the terms established by the Rules, all information about the readings of the IPU received during the specified period is accepted by the contractor to calculate the amount of payment for the billing period in which in a timely manner readings were transferred, and in case of prolonged non-presentation of IPU readings - for the settlement periods determined between the dates timely presentation of IPU indications.
Question
How to determine for what period and in what period the IPU readings were taken, if they were transmitted out of time?
Answer
There is no need to establish which readings belong to which period, since in case of untimely provision of IPU readings in accordance with clause 59 of Rules N 354, the volume of utilities consumption in the billing month is taken equal to the average monthly volume (if readings are not provided for more than 3 months - according to consumption standards) ... In the month of timely submission of IPU readings, the volume is determined based on the presented IPU readings minus the amount billed for the previous months, for which IPU readings were not provided or were provided out of time.
Question
Is it possible for consumers to take and transfer readings of individual or room metering devices in terms different from the terms established in paragraphs. "C" clause 34 of Rules N 354?
Answer
Removal and transfer capability consumers indications of an individual, general (apartment) or room metering device in terms different from the terms established in paragraphs. "In" clause 34 of Rules N 354, is absent.
Question
On the possibility of taking readings of an individual, general (apartment) or room metering device at other times, except from the 23rd to the 25th day of the current month.
Answer
In pp. "In" clause 34 of Rules N 354 contains a provision that the consumer is obliged, if there is an individual, general (apartment) or room metering device, to take monthly readings from the 23rd to the 25th day of the current month and transmit the readings the performer or his authorized person no later than the 26th day of the current month, except for cases when in accordance with the Rules, agreement, containing provisions on the provision of utilities, and (or) decisions of the general meeting of owners of premises in an apartment building, actions to take readings of such metering devices must be performed by the contractor (person authorized by him) or another organization.
In pp. g) the same Rules indicate that "The Contractor is obliged: ... In the cases established by these Rules, as well as in cases and terms that are determined by the contract
containing provisions on the provision of utilities,
and (or) by the decision of the owners of premises in an apartment building
,
take readings of individual and general (apartment), room metering devices
, enter the obtained readings into the register of readings of the indicated metering devices and use them when calculating the amount of payment for utilities for the billing period for which the readings were taken ”.
From the above paragraphs of the Rules, the following conclusions can be drawn:
If the consumer independently removes and transmits readings of an individual, general (apartment) or room metering device, then in this case he is obliged to do this within the time limits established by paragraphs. c) clause 34 of Rules N 354, i.e. is obliged to take his testimony monthly from the 23rd to the 25th day of the current month and transfer the received testimony to the performer or a person authorized by him no later than the 26th day of the current month. The specified terms established by the Rules, in our opinion, cannot be changed.
If the actions to take readings of individual and general (apartment), room metering devices are required to be performed by the contractor (his authorized person) or another organization (if such an obligation is assigned to the specified persons by an agreement containing provisions on the provision of utilities and (or) decisions of the general meeting owners of premises in an apartment building), then the timing and cases of taking readings of these metering devices by the performer (his authorized person) or another organization are established by the relevant agreement or decision of the general meeting of owners of premises.
Question
Is it possible to take into account the readings of the IPU not in the month in which it was put into operation, but from the 1st day of the next month?
Answer
The obligations of the contractor and the consumer to take into account the readings of the IPU from the 1st day of the month following the month in which the IPU was put into operation are established in paragraphs. "Y" p.31 and in p. "And" clause 33 of Rules N 354.
Question
How to apply clause 31 "y", clause 33 "and" and clause 81 paragraph 3 of Rules N 354 in case of discrepancies in these clauses?
Answer
In our opinion, the provisions of clause 31 "y" and clause 33 "and" should be applied, since they correspond to the procedure for starting calculations according to the indications of newly installed metering devices, based on the provisions of Law N 261-FZ. It is planned to eliminate discrepancies in these clauses by amending the Rules. However, according to such changes previously posted on the website of the Ministry of Regional Development, it is planned to bring the provisions of clause 31 "y" and clause 33 "and" in accordance with clause 81 of Rules N 354.
DETERMINING THE SIZE OF THE FEE FOR DHW SERVICES WITH AN OPEN DHW SYSTEM AND AUTONOMOUS DHW SYSTEM
Question
If the cold water supply and heating networks are centralized, can it be considered that the hot water heated in the house is supplied through the centralized ITO networks?
Answer
The current legislation does not contain the concept of centralized ITO networks. In accordance with Laws N 190-FZ and N 416-FZ, the concepts of "centralized heat supply system" and "centralized hot water supply system" are given.
Centralized hot water supply means the supply of MKD hot water with the help of the systems of the communal infrastructure of the settlement, which does not include the equipment of an apartment building involved in the preparation of hot water. Since hot water is prepared inside the house, and only cold water and heat energy (resources) are supplied to the house, it cannot be assumed that the house is connected to the centralized hot water supply networks of the municipal infrastructure of the city.
Question
Is there a standard for water heating?
Answer
Rules N 306 established the procedure for determining the gas consumption rate for water heating. The standard for the consumption of thermal energy for heating water is not provided for by the Rules N306.
Question
How is the amount of heat energy for heating and hot water supply determined during the heating season in houses with an individual heating station with a heat energy control unit - common for heating and hot water supply?
Answer
The volume (amount) of heat energy used in the production of utility services for hot water supply (water heating) during the heating season, in the presence of a metering device that records the total volume of heat energy used in the production of utility services for heating and hot water supply, is determined by the formula:
where:
The volume (amount) of thermal energy for heating needs (V (T) FROM) is determined as the difference between the readings of the thermal energy control unit (V (T)) and the volume of thermal energy for the needs of hot water supply (V (T) GW):
V (T) FROM \u003d V (T) - V (T) GV
The calculation of the amount of the fee is made according to the formula 18, 20 of Appendix No. 2 to Regulation N354.
In the non-heating period, V (T) GW should be recognized as equal to V (T) due to the fact that heating services in accordance with Rules N 354 are provided only during the heating season, while the payment for utilities for general household needs in accordance with clauses 54, 70 Regulation N 354 is not separately allocated. In this case, the amount of consumed thermal energy according to the indications of the control room (including heat energy losses associated with the circulation of hot water in risers and heated towel rails, independent of the volume of hot water consumption and which are technological losses to be accounted for in the volume of services for the ODN) in in accordance with formula 20 of Appendix No. 2 to Rules No. 354, it will be distributed among the consumers of the premises in proportion to the volume of hot water consumption in the premises, which, in our opinion, does not correspond to the essence of the formation of utilities at the ODN (Rules No. 306), as well as the principle of their payment in proportion to the area of \u200b\u200bthe premises.
Question
Please clarify the procedure for calculating payment for heating and hot water supply services in accordance with paragraph 18 of Government Decree N 307, provided that there is no possibility of separate accounting of fuel consumption for heating and hot water supply (IHP)?
Answer
The volume (amount) of heat energy used in the production of communal services for hot water supply (water heating), in the presence of a metering device that records the total volume of heat energy used in the production of utilities for heating and hot water supply, is determined by the formula:
where:
- the volume (amount) of hot water, determined for the billing period in the i-th dwelling (apartment) or non-dwelling in an apartment building;
- density of water, taken equal to 1000 (kg / cubic meter);
- heat capacity of water equal to 1 kcal / (kgCh (o) C);
- hot water temperature at the point of draw-off, corresponding to the requirements for the quality of utilities, for the billing period (° C). In the absence of actual data, it is assumed to be 60 ° C;
- the average temperature of the initial cold water: during the non-heating period 15 ° C, during the heating period it is taken equal to 5 ° C (° C).
The volume (amount) of thermal energy for heating needs (V (T) FROM) is determined as the difference between the readings of the thermal energy control unit (V (T)) and the volume of thermal energy for the needs of hot water supply (V (T) GW):
V (T) FROM \u003d V (T) - V (T) GV
The amount of the fee is charged:
for heating services - according to the formula 7.8 of Appendix No. 2 Pnavil No. 307;
for hot water services - according to formula 20 of Appendix No. 2 to Regulation No. 354.
In the non-heating period, V (T) GW should be recognized as equal to V (T) due to the fact that heating services in accordance with Regulation No. 307 are provided only during the heating season, and Regulation No. 307 does not provide for payment of utility services consumed at the ODN. At the same time, the payment for utilities for general house needs in accordance with paragraphs 54, 70 of Rules N 354 is also not separately allocated. In this case, the amount of consumed thermal energy according to the indications of the control room (including heat energy losses associated with the circulation of hot water in risers and heated towel rails, independent of the volume of hot water consumption and which are technological losses to be accounted for in the volume of services for the ODN) in in accordance with formula 20 of Appendix No. 2 to Rules No. 354, it will be distributed among the consumers of the premises in proportion to the volume of hot water consumption in the premises.
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These Rules came into force on 01.09.2012, while in some cases (taking into account the legislation in a particular region) the previous version of the Rules continued to operate in terms of payment for heating services.
For the full text of the Rules, see the attached download!
Approved
Government Decree
Russian Federation
dated May 6, 2011 N 354
RULES FOR PROVIDING UTILITY SERVICES TO OWNERS AND USERS OF PREMISES IN APARTMENT BUILDINGS AND RESIDENTIAL BUILDINGS
(as amended by decrees of the Government of the Russian Federation of August 27, 2012 N 857, of 04/16/2013 N 344, of 05/14/2013 N 410, of 07/22/2013 N 614, of 09/19/2013 N 824, of 02/17/2014 N 112, of 02/25/2014 N 136, 03/26/2014 N 230, 02/14/2015 N 129, 09/04/2015 N 941, 12/25/2015 N 1434, 06/29/2016 N 603, 12/26/2016 N 1498, 02 27 .2017 N 232, dated June 27, 2017 N 754, dated 09.09.2017 N 1091, as amended by the Decision of the Supreme Court of the Russian Federation of 03.19.2013 N APL13-82)
I. General provisions
1. These Rules regulate relations on the provision of utilities to owners and users of premises in apartment buildings, owners and users of residential buildings, including the relationship between contractors and consumers of utilities, establish their rights and obligations, the procedure for concluding an agreement containing provisions on the provision of utilities services, as well as the procedure for monitoring the quality of the provision of utilities, the procedure for determining the amount of payment for utilities using metering devices and in their absence, the procedure for recalculating the amount of payment for certain types of utilities during the period of temporary absence of citizens in the occupied dwelling, the procedure for changing the amount of payment for utilities in the provision of utilities of inadequate quality and (or) with interruptions exceeding the established duration, determine the grounds and procedure for the suspension or restriction of the provision of utilities, as well as regulate issues related to the occurrence of responsibility of executors and consumers of public services.
2. The concepts used in these Rules mean the following:
"in-house engineering systems" - engineering communications (networks), mechanical, electrical, sanitary-technical and other equipment, which are the common property of owners of premises in an apartment building, intended for supplying utility resources from centralized engineering networks to intra-apartment equipment, as well as for production and provision by the contractor of communal services for heating and (or) hot water supply (in the absence of centralized heating and (or) hot water supply), garbage chambers, garbage chutes.
(as amended by Resolution of the Government of the Russian Federation of 27.02.2017 N 232)
In residential buildings, in-house engineering systems include those located within the land plot on which the residential building is located, as well as engineering communications (networks) located in a residential building, mechanical, electrical, sanitary and other equipment, using which utility services are consumed;
"intra-apartment equipment" - engineering communications (networks), mechanical, electrical, sanitary-technical and other equipment located in a residential or non-residential premises in an apartment building and not included in the intra-building engineering systems of an apartment building, using which utilities are consumed;
"home ownership" - a dwelling house (part of a dwelling house) and adjoining and (or) detached outbuildings (a garage, a bathhouse (sauna, swimming pool), a greenhouse (winter garden) on a common land plot with a dwelling house (part of a dwelling house) , premises for keeping livestock and poultry, other objects);
"individual metering device" - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (amount) of consumption of a communal resource in one residential or non-residential premises in an apartment building (except for residential premises in a communal apartment), in a residential building ( parts of a residential building) or home ownership;
"performer" - a legal entity, regardless of its organizational and legal form, or an individual entrepreneur providing the consumer with utilities;
"collective (common house) metering device" - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (quantity) of a communal resource supplied to an apartment building;
(as amended by Resolution of the Government of the Russian Federation of June 29, 2016 N 603)
"communal services" - the implementation of the contractor's activities to provide consumers with any communal resource separately or 2 or more of them in any combination in order to ensure favorable and safe conditions for the use of residential, non-residential premises, common property in an apartment building in the cases established by these Rules, as well as land plots and residential buildings (households) located on them. The utility service includes a service for the management of municipal solid waste;
(as amended by decrees of the Government of the Russian Federation of December 26, 2016 N 1498, of February 27, 2017 N 232)
"communal resources" - cold water, hot water, electric energy, gas, heat energy, heat carrier in the form of hot water in open heat supply systems (hot water supply), domestic gas in cylinders, solid fuel in the presence of stove heating, used to provide public services and consumed when maintaining common property in an apartment building. Wastewater discharged through centralized networks of engineering and technical support is also equated to communal resources;
(as amended by decrees of the Government of the Russian Federation of 05/14/2013 N 410, of 02/14/2015 N 129, of 12/26/2016 N 1498)
"room metering device for electrical energy" - a measuring instrument used to determine the volume (amount) of consumption of electrical energy in one living room of a consumer in a communal apartment or in several residential premises occupied by a consumer in a communal apartment, provided that such metering device allows determining the volume (amount) of consumption of electrical energy in total for several residential premises occupied by the consumer;
"non-residential premises in an apartment building" - a room in an apartment building specified in the design or technical documentation for an apartment building or in the electronic passport of an apartment building, which is not a residential premises and is not included in the common property of owners of premises in an apartment building, regardless of the presence of a separate entrance or connection (technological connection) to external networks of engineering and technical support, including built-in and attached premises. Parts of apartment buildings intended for the placement of vehicles (parking lots, underground garages and parking lots provided for by the project documentation) are equated to non-residential premises in these Rules;
"utility consumption standard" - a quantitative indicator of the volume of consumption of a utility resource, approved in accordance with the established procedure by state authorities of the constituent entities of the Russian Federation and used to calculate the amount of payment for utility services in the absence of metering devices and in other cases provided for by these Rules;
(as amended by Resolution of the Government of the Russian Federation of December 26, 2016 N 1498)
"general (apartment) metering device" - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (amount) of consumption of a communal resource in a communal apartment;
"consumer" - the owner of premises in an apartment building, residential building, home ownership, as well as a person who uses the premises in an apartment building, residential building, home ownership on other legal basis, consuming utilities;
(as amended by Resolution of the Government of the Russian Federation of December 26, 2016 N 1498)
"distributor" - a device used in an apartment building equipped with a collective (common building) metering device for heat energy, and that allows you to determine the share of the volume of consumption of utility services for heating attributable to a separate residential or non-residential premises in which such devices are installed in the total consumption utilities for heating in all residential and non-residential premises in an apartment building in which distributors are installed;
"resource supplying organization" - a legal entity, regardless of its organizational and legal form, as well as an individual entrepreneur selling communal resources (wastewater disposal);
(as amended by Resolution of the Government of the Russian Federation of December 26, 2016 N 1498)
"centralized networks of engineering and technical support" - a set of pipelines, communications and other structures designed to supply utility resources to internal engineering systems (drainage of wastewater from internal engineering systems);
(as amended by Resolution of the Government of the Russian Federation of December 26, 2016 N 1498)
"the degree of improvement of an apartment building or residential building" - a qualitative characteristic of an apartment building or residential building, determined by the presence and composition of in-house engineering systems that provide consumers with the types of utilities that can be provided using such in-house engineering systems.
The concepts "living quarters" and "management organization" are used in these Rules in the meanings determined by the Housing Code of the Russian Federation.
Unless otherwise specified in these Rules, the concept "gas" means gas supplied through centralized gas supply networks and through building engineering gas supply systems.
(as amended by Resolution of the Government of the Russian Federation of May 14, 2013 N 410)
The term "regional operator for solid municipal waste management" is used in these Rules in the meaning defined by the Federal Law "On Production and Consumption Waste".
(the paragraph was introduced by the decree of the Government of the Russian Federation of 27.02.2017 N 232)
II. Conditions for the provision of utilities
3. The conditions for the provision of utilities to a consumer in an apartment building or in a residential building (household) are as follows:
a) utilities are provided to consumers from the moment established by the housing legislation of the Russian Federation, namely:
from the moment of the emergence of the right of ownership to the residential premises - to the owner of the residential premises and persons living with him;
from the moment the dwelling is provided by a housing, housing-building cooperative - a member of a housing, housing-building cooperative and persons living with it;
from the date of the conclusion of the lease agreement - to the tenant of the dwelling under such an agreement and to persons living with him;
from the date of the conclusion of the lease agreement - to the tenant of the residential premises and the persons living with him;
from the date of issuance to the developer (the person providing the construction of an apartment building) permission to put the apartment building into operation - to the developer (the person providing the construction of an apartment building) in relation to premises in an apartment building that have not been transferred by him to other persons under a transfer act or other transfer document;
from the date of issuance to the developer (the person providing the construction of the apartment building) permission to put the apartment building into operation, but not earlier than the acceptance of the premises in this building according to the deed of transfer or other transfer document - to the person who received from the developer (the person providing the construction of the apartment building ) the specified premises under a deed of transfer or other transfer document;
(the paragraph was introduced by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
b) the composition of utilities provided to the consumer is determined depending on the degree of improvement of an apartment building or residential building;
c) the provision of utilities to the consumer is carried out around the clock (utilities for heating - around the clock during the heating period), that is, uninterruptedly or with interruptions not exceeding the duration that meets the requirements for the quality of utilities listed in Appendix No. 1;
d) the provision of utilities is carried out in the volumes required by the consumer within the limits of the technical capabilities of the building engineering systems, using which the provision of utilities is carried out;
e) the quality of the provided utilities complies with the requirements given in Appendix No. 1 to these Rules;
f) the technical condition of the in-house engineering systems and in-house equipment meets the established requirements and is ready for the provision of utilities.
4. The following types of utilities can be provided to the consumer:
a) cold water supply, that is, the supply of cold drinking water supplied through centralized cold water supply networks and intra-building engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, as well as, in cases established by these Rules, to premises that are part of the common property in an apartment building, as well as up to a water column in the case when an apartment building or a residential building (household) is not equipped with in-house engineering systems of cold water supply;
(as amended by Resolution of the Government of the Russian Federation of December 26, 2016 N 1498)
b) hot water supply, that is, the supply of hot water supplied through centralized hot water supply networks and intra-building engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, as well as, in cases established by these Rules, to premises, included in the common property in an apartment building. In the absence of centralized hot water supply, hot water supply to consumers in an apartment building is carried out by the contractor through the production and provision of public services for hot water supply using in-house engineering systems, including equipment that is part of the common property of owners of premises in an apartment building (if such equipment is available);
(as amended by Resolution of the Government of the Russian Federation of December 26, 2016 N 1498)
c) water disposal, that is, wastewater disposal from a residential building (household), from residential and non-residential premises in an apartment building, as well as in the cases established by these Rules, from premises that are part of the common property in an apartment building - through centralized networks sewerage and internal engineering systems;
(as amended by decrees of the Government of the Russian Federation of 04.16.2013 N 344, from 26.12.2016 N 1498)
d) power supply, that is, the supply of electrical energy supplied through centralized power supply networks and intra-building engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, as well as in the cases established by these Rules - to the premises included in composition of common property in an apartment building;
(as amended by Resolution of the Government of the Russian Federation of December 26, 2016 N 1498)
e) gas supply, that is, the supply of gas supplied through centralized gas supply networks and internal engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, to premises that are part of the common property in an apartment building, as well as the sale of household gas in cylinders;
f) heating, that is, the supply through centralized heat supply networks and in-house engineering heating systems of thermal energy, which ensures the maintenance in a residential building, in residential and non-residential premises in an apartment building, in rooms that are part of the common property in an apartment building, the air temperature specified in paragraph 15 of Appendix No. 1 to these Rules, as well as the sale of solid fuel in the presence of furnace heating;
g) handling solid municipal waste, that is, collection, transportation, disposal, burial of solid municipal waste generated in apartment buildings and residential buildings.
(clause "g" was introduced by the RF Government Decree of 27.02.2017 N 232)
4 (1). The provision of communal services for the management of municipal solid waste is carried out in accordance with section XV (1) of these Rules.
(Clause 4 (1) was introduced by the RF Government Decree of 27.02.2017 N 232)
5. If thermal energy for the needs of heating premises is supplied to in-house engineering systems through centralized networks of engineering and technical support, then the contractor begins and ends the heating period within the time frame established by the authorized body. The heating period must begin no later than and end no earlier than the day following the day of the end of the 5-day period, during which, respectively, the average daily outdoor temperature is below 8 degrees Celsius or the average daily outdoor temperature is above 8 degrees Celsius.
(as amended by Resolution of the Government of the Russian Federation of December 25, 2015 N 1434)
If, in the absence of centralized heat supply, the production and provision of public heating services by the contractor are carried out using equipment that is part of the common property of owners of premises in an apartment building, then the conditions for determining the start and (or) end of the heating period and (or) the start date and (or ) the end of the heating period is established by a decision of the owners of premises in an apartment building or owners of residential buildings. In the event that such a decision is not made by the owners of premises in an apartment building or owners of residential buildings, the heating period begins and ends at the start and end dates of the heating period established by the authorized body when heat energy is supplied for the needs of heating premises to in-building engineering systems through centralized engineering networks.
6. The provision of utilities to the consumer is carried out on the basis of a paid contract containing provisions on the provision of utilities, from among the contracts specified in clauses 9, 10, 11 and 12 of these Rules.
The supply of cold water, hot water, thermal energy, electric energy and gas to non-residential premises in an apartment building, as well as wastewater disposal, is carried out on the basis of resource supply agreements concluded in writing directly with the resource supplying organization.
(the paragraph was introduced by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
A management organization, a homeowners' association, a housing cooperative, a housing construction cooperative or another consumer cooperative provides resource supplying organizations supplying utilities to an apartment building with information about the owners of non-residential premises in an apartment building, and also sends notifications to the owners of non-residential premises in an apartment building about the need conclusion of resource supply agreements directly with resource supplying organizations.
(the paragraph was introduced by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
If the consumer in a non-residential premises does not have a written resource supply agreement providing for the supply of utility resources to a non-residential premises in an apartment building, concluded with a resource supplying organization, the amount of utilities consumed in such non-residential premises is determined by the resource supplying organization by calculation methods provided for by the legislation of the Russian Federation on water supply and water disposal, power supply, heat supply, gas supply for cases of non-contractual consumption (unauthorized use).
(the paragraph was introduced by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
The provisions of the third and fourth paragraphs of this clause do not apply to persons who are the owners of the areas allotted in an apartment building for parking spaces.
(the paragraph was introduced by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
7. An agreement containing provisions on the provision of utilities, concluded by the consumer committing implicit actions, is considered concluded on the conditions provided for by these Rules.
An agreement containing provisions on the provision of utilities in a residential building in an apartment building or residential building (household), concluded in writing, must comply with the provisions of these Rules. In case of non-compliance of the said agreement with the provisions of these Rules, the agreement is considered concluded on the conditions provided for by these Rules.
The supply of cold water, hot water, electric energy, thermal energy and gas to a non-residential premises in an apartment building, as well as wastewater disposal, is carried out on the basis of a resource supply agreement concluded in writing with a resource supplying organization, which must comply with the provisions of the legislation of the Russian Federation on water supply, sewerage, power supply, heat supply, gas supply. Determination of the volume of heat energy consumed in a non-residential premises and the way consumers pay for utility services for heating is carried out in accordance with these Rules. In the event that the said agreement does not comply with the provisions of the legislation of the Russian Federation on water supply, sewerage, electricity supply, heat supply, gas supply, the agreement shall be deemed concluded on the terms provided for by the legislation of the Russian Federation on water supply, sewerage, electricity supply, heat supply, gas supply and these Rules.
The consumer in the residential premises cannot be denied the provision of utilities if the consumer does not have a written contract containing provisions on the provision of utilities.
(Clause 7 as amended by the Resolution of the Government of the Russian Federation of December 26, 2016 N 1498)
8. The executor of utilities may be a person from among the persons specified in clauses 9 and 10 of these Rules. In this case, the period of time during which the specified person is obliged to provide utilities to consumers and has the right to demand from consumers to pay for the provided utilities is to be determined in accordance with paragraphs 14, 15, 16 and 17 of these Rules.
9. The conditions for the provision of utilities to owners and users of premises in an apartment building, depending on the chosen method of managing an apartment building, are determined by:
a) in an agreement for the management of an apartment building, concluded by the owners of premises in an apartment building or by the management body of a homeowners' partnership, housing, housing construction or other specialized consumer cooperative (hereinafter referred to as the partnership or cooperative) with a management organization selected in accordance with the procedure established by the housing legislation of the Russian Federation for the management of an apartment building.
At the same time, the managing organization does not have the right to refuse to include in the contract for the management of an apartment building concluded with it conditions for the provision of utilities of the type, the provision of which is possible, taking into account the degree of improvement of an apartment building, and also has no right to refuse to provide such utilities;
b) in a contract for the provision of utilities concluded with a partnership or cooperative with the owners of residential premises in an apartment building in which the partnership or cooperative was created.
At the same time, the partnership or cooperative does not have the right to refuse to the owner of the premises in an apartment building, whether it is or is not a member of it, to conclude an agreement on the provision of utilities of the type, the provision of which is possible, taking into account the degree of improvement of the apartment building, and also has no right to refuse to provide utilities;
c) in contracts for cold water supply, hot water supply, water disposal, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), concluded by the owners of residential premises in an apartment building with by an appropriate resource supplying organization.
10. The conditions for the provision of utilities to the owner and user of a residential building (household) at his choice are determined:
a) in contracts for cold water supply, hot water supply, water disposal, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), concluded by the owner of a residential building (household) with an appropriate resource supplying organization;
b) in an agreement on the provision of utilities concluded by the owner of a residential building (household) with an organization (including a non-profit association), which on its own behalf and in the interests of the owner concludes contracts for cold water supply, hot water supply, water disposal, electricity, gas supply (including including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating) with the corresponding resource supplying organizations.
11. The conditions for the provision of utilities to the tenant, the borrower under the contract for the free use of the premises, the tenant of the residential premises are determined:
a) in a lease agreement, including a social tenancy agreement, a lease agreement for specialized residential premises, a lease agreement for privately owned residential premises - for a tenant of a residential premises under such an agreement;
b) in the agreement of gratuitous use - for the borrower under such agreement;
c) in a lease agreement for residential premises or other agreement on the provision of residential premises for possession and (or) use, concluded by the owner of the residential premises with a legal entity that can use the residential premises only for citizens' residence.
12. At the same time, the owner of a residential premises, acting as a landlord, lender or lessor of residential premises, in order to ensure the provision of utilities of the type to tenants, borrowers, tenants, the provision of which is possible, taking into account the degree of improvement of the residential premises, concludes an agreement with the contractor containing provisions on the provision of utilities, from among the contracts specified in clauses 9 and 10 of these Rules.
13. The provision of utilities is ensured by the management organization, partnership or cooperative or by the organization specified in subparagraph "b" of paragraph 10 of these Rules, by concluding contracts with resource supplying organizations on the purchase of utilities in order to use such resources in the provision of utilities to consumers, including by using them in the production of certain types of utilities (heating, hot water supply) using equipment that is part of the common property of owners of premises in an apartment building, and the proper execution of such contracts.
The terms of contracts for the purchase of utility resources for the purpose of using such resources for the provision of utility services to consumers are determined taking into account these Rules and other regulatory legal acts of the Russian Federation.
14. The management organization, selected in the order established by the housing legislation of the Russian Federation to manage an apartment building, begins to provide utilities to consumers in an apartment building from the date specified in the decision of the general meeting of owners of premises in an apartment building on the choice of a management organization, or from the date of the conclusion of the contract management of an apartment building, including with a management organization selected by a local government following an open tender, but not earlier than the start date of the supply of a utility resource under a contract for the purchase of a utility resource concluded by the managing organization with a resource supplying organization. The management organization terminates the provision of utilities from the date of termination of the management agreement for an apartment building on the grounds established by the housing or civil legislation of the Russian Federation, or from the date of termination of the resource supply agreement regarding the acquisition of a utility resource in order to provide utility services concluded by the management organization with a resource supply organization.
(as amended by Resolution of the Government of the Russian Federation of December 26, 2016 N 1498)
15. A partnership or cooperative, if the owners of premises in an apartment building have chosen management of a partnership or cooperative as a method of managing an apartment building, starts providing utilities to consumers in an apartment building from the date of its state registration, but not earlier than the date of the start of supply of a utility resource under an agreement on the acquisition of a communal resource, concluded by a partnership or cooperative with a resource supplying organization. The partnership or cooperative stops the provision of utilities from the date of its liquidation or from the date of commencement of the provision of utilities specified in paragraph 14 of these Rules by the management organization with which the management body of the partnership or cooperative has entered into an agreement for the management of an apartment building, or from the date of termination of the resource supply agreement in terms of acquisition a communal resource for the purpose of providing a communal service, concluded by a partnership or cooperative with a resource supplying organization.
(as amended by Resolution of the Government of the Russian Federation of December 26, 2016 N 1498)
16. The organization specified in subparagraph "b" of paragraph 10 of these Rules begins to provide utilities to consumers in a residential building (household) from the date of commencement of the provision of utilities specified in the agreement on the provision of services concluded with the owner of a residential building (household) in writing. utilities. The organization specified in subparagraph "b" of paragraph 10 of these Rules terminates the provision of utilities from the date of termination of the contract for the provision of utilities on the grounds established by the housing or civil legislation of the Russian Federation.
17. A resource supplying organization for which, in accordance with the legislation of the Russian Federation on water supply, sewerage, electricity, heat supply, gas supply, the conclusion of a contract with a consumer is mandatory, proceeds to provide a utility service of the corresponding type:
a) owners and users of premises in an apartment building in which direct management is chosen as a management method - from the date specified in the decision of the general meeting of premises owners on choosing such a management method, until the date of commencement of the provision of utilities by the management organization or partnership or cooperative, specified in paragraph 14 or 15 of these Rules;
b) to the owners and users of premises in an apartment building in which the management method has not been chosen or the management method has been chosen, but the events specified in paragraphs 14 and 15 of these Rules have not occurred - from the day the ownership of the premises arises, from the day the residential premises are provided to the housing cooperative, from the date of the conclusion of the lease agreement, from the date of the conclusion of the lease agreement, unless another period is established by the legislation of the Russian Federation on water supply, sewerage, power supply, heat supply, gas supply, or from the day of termination of the previously selected method of managing an apartment building until the day the manager starts providing utility services an organization or a partnership or a cooperative specified in paragraph 14 or 15 of these Rules;
c) to the owners and users of residential buildings (households) - from the day of the first actual connection of a residential building (household) in the prescribed manner to the centralized network of engineering and technical support directly or through networks of engineering and technical support connecting several residential buildings (households) located on nearby land plots, unless a different period is established by the legislation of the Russian Federation on water supply, sewerage, electricity, heat supply, gas supply, except for the period of time during which between the owner of a residential building (household) and the organization specified in subparagraph "b" of paragraph 10 of these Of the Rules, an agreement on the provision of utilities has been concluded and executed in writing and such an agreement has not been terminated;
d) owners and users of premises in an apartment building if there are agreements concluded with them, provided for by part 17 of Article 12 of the Federal Law of June 29, 2015 N 176-FZ "On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" , - until one of the parties refuses to execute the contract;
(Clause "g" was introduced by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
e) owners and users of premises in an apartment building - if such owners make a decision provided for in Part 18 of Article 12 of Federal Law No. 176-FZ of June 29, 2015 "On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" ;
(clause "d" was introduced by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)
f) to the owners and users of premises in an apartment building, in respect of which an agreement on the acquisition by a management organization, partnership or cooperative of a communal resource in order to provide a communal service has been terminated - until a new agreement on the acquisition of a communal resource in relation to this apartment building is concluded.
(Clause "e" was introduced by the RF Government Decree of December 26, 2016 N 1498)
18. If, in accordance with these Rules, the contractor providing utilities to consumers in an apartment building in which the owner's non-residential premises is located is not a resource supplying organization, the owner of the non-residential premises in an apartment building is obliged within 5 days after concluding resource supply agreements with resource supplying organizations provide the contractor with copies of them, as well as in the manner and terms that are established by these Rules for the transmission by consumers of information about the readings of individual or general (apartment) metering devices - data on the volumes of utility resources consumed for the billing period under the specified contracts.
(Clause 18 as amended by the RF Government Decree of December 26, 2016 N 1498)
III. Terms of a contract containing provisions on the provision of utilities and the procedure for its conclusion
19. An agreement containing provisions for the provision of utilities must include:
a) the date and place of the conclusion of the contract;
b) name, address, bank account details and other contact information of the contractor;
c) the following information about the consumer:
for an individual - last name, first name, patronymic, date of birth, details of an identity document, contact phone number;
for a legal entity - name (company name) and place of state registration, contact phone number;
d) the address of the premises in an apartment building or a residential building (household), the owners or users of which are provided utilities, indicating the total area of \u200b\u200bthe premises or residential building (household), the total area of \u200b\u200bpremises that are part of the common property in an apartment building, the area of \u200b\u200bresidential and non-residential premises, the type of activity carried out in the non-residential premises, as well as the number of persons permanently residing in the residential premises, and other information necessary for calculating utility bills in accordance with these Rules;
(subparagraph "g" as amended by the Resolution of the Government of the Russian Federation of December 26, 2016 N 1498)
e) the name of the communal service (communal services) provided to the consumer;
f) requirements for the quality of the provided utilities (utilities);
g) the procedure for determining the volume (quantity) of the consumed utility resource based on the norms for the consumption of utilities, meter readings or in another way specified in these Rules;
h) information on the presence and type of installed individual, general (apartment), room metering devices, the date and place of their installation (putting into operation), the date of sealing the metering device by the manufacturer or the organization that carried out the last calibration of the metering device, the established date for the next verification, as well as the procedure and conditions for receiving meter readings;
(as amended by the Resolution of the Government of the Russian Federation of 04.16.2013 N 344)
i) 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, the reliability of information provided by the consumer about the readings of such metering devices and distributors;
j) the procedure for determining the volume of provided utilities and the amount of utility bills, including the procedure for determining the amount of utility services provided for electricity supply and the amount of payment for the specified utility service using prices (tariffs) for electricity (capacity) established for the population and categories of consumers equated to it within and above the social norm of consumption of electric energy (power), if a decision is made in the constituent entity of the Russian Federation to establish such a social norm, as well as the procedure, term and form of payment for utilities;
(clause "k" as amended by the RF Government Decree of 22.07.2013 N 614)
k) measures of social support for payment of utilities provided to the consumer of utilities in accordance with the legislation of the Russian Federation (if such measures are provided);
l) address and method of delivery to the consumer of a payment document for payment of utilities;
(as amended by Resolution of the Government of the Russian Federation of December 26, 2016 N 1498)
m) the procedure for establishing the fact of failure to provide utilities or the provision of utilities of inadequate quality, the procedure for changing the amount of payment for utilities when providing utilities of inadequate quality and (or) with interruptions exceeding the established duration;
o) rights, obligations and responsibilities of the contractor and the consumer;
o) grounds and procedure for suspension and restriction of the provision of utilities;
p) the grounds and procedure for changing and terminating the contract;
c) the term of the contract.
20. An agreement containing provisions on the provision of utilities, concluded with the owner or user of a residential building (household), additionally specifies the details of the act on the definition of the boundary of inter-building engineering systems and centralized networks of engineering and technical support (if any), as well as in the case the absence of an individual metering device indicates:
a) information on the directions of consumption of utilities when using the land plot and outbuildings located on it (lighting, cooking for people, preparing feed for livestock, heating, heating water, watering, etc.);
b) types and number of farm animals and birds (if any);
c) the area of \u200b\u200bthe land plot not occupied by a residential building and outbuildings;
d) the regime of water consumption for irrigation of the land plot;
e) the power of the devices used, with the help of which the consumption of utility resources is carried out.
21. Contracts for cold water supply, hot water supply, water disposal, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), concluded with resource supplying organizations, must contain provisions on determination of the boundaries of responsibility for the regime and quality of the provision of a utility service of the corresponding type. Unless otherwise specified in the contract concluded with the resource supplying organization, then such a resource supplying organization is responsible for the quality of the provision of a utility service of the corresponding type at the border of the section of in-house engineering systems and centralized networks of engineering support. At the same time, maintenance of in-house engineering systems is carried out by persons engaged by owners of premises in an apartment building or owners of residential buildings under contracts for the provision of services for the maintenance and (or) performance of work on the repair of in-house engineering systems in such a building, or by such owners independently, if the legislation of the Russian Federation they are not prohibited from such works.
22. To conclude in writing an agreement containing provisions on the provision of public services from among the contracts specified in subparagraphs "a" and "b" of paragraph 9 of these Rules, the executor represented by the managing organization, partnership or cooperative must not later than 20 working days from the day specified, respectively, in paragraph 14 or 15 of these Rules, to transfer the draft agreement signed by him in 2 copies to the owner of the premises in the apartment building at the location of the contractor, by mail or in another way agreed with the owner. The owner of the premises in an apartment building who has received a draft contract containing provisions on the provision of utilities, in the absence of disagreements on such a project, must, within 30 days from the date of its receipt, transfer to the contractor at the location of the contractor, by mail or in another way agreed with the contractor, signed for its part, 1 copy of the agreement indicating the information specified in subparagraphs "c", "d", "e", "z", "l" and "c" of clause 19 and paragraph 20 of these Rules, with annex to it copies of the following documents:
a) a document confirming the ownership (use) of the premises in an apartment building (residential building);
b) an identity document of an individual - the owner of the premises, or a certificate of state registration of a legal entity - the owner of the premises;
c) documents confirming the information specified in subparagraph "h" of paragraph 19 and paragraph 20 of these Rules (if available with the applicant).
23. The owner of the premises in an apartment building and the owner of a residential building (household) have the right to initiate the conclusion in writing of an agreement containing provisions on the provision of utilities, from among the agreements specified in subparagraphs "a" and "b" of paragraph 9 and subparagraph "b" clause 10 of these Rules, in writing by submitting to the contractor at the place of his location, by mail or in another way agreed with the contractor, a statement signed by the owner (one of the co-owners) for concluding an agreement in 2 copies containing the information specified in subparagraphs "c", " d "," d "," z "," l "and" c "clause 19 and clause 20 of these Rules, and copies of the documents specified in clause 22 of these Rules.
The submission of documents at the location of the contractor can be carried out by one of the co-owners upon presentation of an identity document, or an authorized representative of any of the co-owners upon presentation of a power of attorney drawn up in accordance with the established procedure.
The contractor, who received the application and the documents attached to it, is obliged to register them on the day of receipt, make a note on the second copy of the application about the date of acceptance of the application and the documents attached to it and transfer them to the applicant.
The contractor, no later than 10 working days from the date of acceptance of the application and the documents attached to it, is obliged to issue to the applicant at the location of the contractor, by mail or in another way agreed with the applicant, a draft agreement signed by the contractor containing provisions on the provision of utilities, in 2 copies.
24. If there are disagreements on the draft agreement received from the contractor containing provisions on the provision of utilities, the owner of the premises in an apartment building and the owner of a residential building (household) are obliged, within 30 days, to transfer to the contractor at his location, by mail or other agreed with the contractor by way of the protocol of disagreements to the draft agreement containing provisions on the provision of utilities.
The contractor, who received the protocol of disagreements to the draft agreement containing provisions on the provision of utilities, is obliged, within 30 days from the date of receipt, to notify the owner of the acceptance of the agreement in its version or rejection of the protocol of disagreements indicating the reasons for rejection.
If the contractor rejects the protocol of disagreements or the applicant does not receive a notice of the results of its consideration within the specified period, the owner has the right to transfer the disagreements that arose when concluding an agreement containing provisions on the provision of utilities to the court.
If the contractor evades the conclusion of an agreement containing provisions on the provision of utilities, the owner has the right to apply to the court with a demand to compel the conclusion of the agreement and compensation for the losses caused to this applicant.
25. To conclude in writing an agreement on cold water supply, hot water supply, water disposal, electricity supply, gas supply (including supply of domestic gas in cylinders), heating (heat supply, including supply of solid fuel in the presence of stove heating) with a resource supplying organization, the owner of a residential premises in an apartment building or the owner of a residential building (household) submits to the resource supplying organization that sells the corresponding type (types) of utilities, at its location, by mail or in another way agreed with the resource supplying organization, signed by the owner (one of the co-owners) an application for conclusion agreement in 2 copies, containing the information specified in subparagraphs "c", "d", "e", "z", "l" and "c" of paragraph 19 and paragraph 20 of these Rules, and copies of the documents specified in paragraph 22 of these Rules.
26. If the owners of premises in an apartment building, directly managing such a building, made a decision at the general meeting to grant one of the owners or another person the authority to act in relations with third parties on behalf of the owners in such a building, then in this case the authorized person has the right to apply to a resource supplying organization to conclude a written contract in relation to all owners with the following documents:
a) a statement on the conclusion of a contract containing provisions on the provision of utilities, signed by such a person;
b) a copy of the decision of the general meeting on the transfer authorized person powers to conclude an agreement with a resource supplying organization containing provisions on the provision of utilities, on behalf of the owners;
c) a copy of the power of attorney issued to the authorized person in writing by all or the majority of the owners;
d) information and documents specified in subparagraphs "c", "d", "e", "z", "l" and "c" of paragraph 19 and paragraph 20 of these Rules (if any).
27. The conclusion of an agreement containing provisions on the provision of utilities with a resource supplying organization is carried out in the manner specified in paragraphs 23 and 24 of these Rules.
28. The basis for refusal to conclude an agreement containing provisions on the provision of all, some or one utility service may only be that the degree of improvement of an apartment building or residential building does not allow providing the consumer, respectively, one, several or all utility services, the provision of which the applicant indicated in the application for the conclusion of a contract containing provisions on the provision of public services, or that the organization to which the consumer turned to conclude this contract is not able to provide public services to the consumer due to the non-occurrence of the events specified in paragraphs 14, 15, 16 and 17 of these Rules. In case of refusal to conclude an agreement containing provisions on the provision of utilities, on the grounds provided for by this paragraph, the contractor is obliged, within 5 days from the date of the applicant's request to conclude an agreement, to notify him in writing of the refusal to conclude an agreement, indicating the reasons for such refusal ...
29. The submission by the applicant of an incomplete package of documents or their incorrect execution is not a reason for refusing to conclude an agreement containing provisions on the provision of utilities. In this case, the performer, within a period not exceeding 5 working days from the date of receipt of the documents, is obliged to inform the applicant in writing about the inconsistencies and the procedure for their elimination, and if not all documents from among the obligatory ones are submitted, the performer is obliged to inform the applicant about the name of the organizations (institutions) and their addresses where the applicant can receive missing documents. After that, the executor suspends consideration of the applicant's documents without returning them to the applicant until the receipt of the missing documents from the applicant. If the missing documents are not submitted by the applicant to the performer within 6 months from the date of suspension of their consideration, then the performer has the right to stop considering the application and return the submitted documents to the applicant. In this case, in order to conclude an agreement containing provisions on the provision of utilities, the applicant resubmits an application.
30. An agreement containing provisions on the provision of utilities, concluded in writing, enters into force and is binding on the parties from the date of its signing by both parties. The terms of such an agreement may provide that the rights and obligations of the parties arise from a later date after the date of entry into force of this agreement.
IV-V (paragraphs 31-35) - Rights and obligations of the parties
VI (paragraphs 36-79) - Procedure for the calculation and payment of utility bills
VII (paragraphs 80-85) - The procedure for accounting for utilities using metering devices
VIII (paragraphs 86-97) - The procedure for recalculation in the temporary absence of the consumer
IX-X (paragraphs 98-113) - Procedure for recalculation in the provision of low-quality services
XI (paragraphs 114-122) - Suspension or restriction of the provision of utilities
XII-XV (paragraphs 123-148) - Features of the provision of certain utilities
XV (1) (paragraphs 148.1-148.49) - Provision of a communal solid waste management service
XVI (paragraphs 149-160) - (here - on fines in favor of the consumer from 01.01.2017)
XVII (paragraph 161) - Control (supervision) over compliance with the Rules
ANNEX No. 1 to the Rules - Requirements for the quality of utilities
ANNEX No. 2 to the Rules - Calculation of the amount of payment for utilities Success stories
