Where:
The volume (quantity) of a communal resource provided during the billing period for general house needs in apartment building and attributable to i-th residential premises (apartment) or non-residential premises;
T kr - tariff for the corresponding utility resource, established in accordance with the law Russian Federation.
11. Volume (quantity) per i-th residential premises (apartment) or non-residential premises cold water provided for the billing period for general house needs in an apartment building equipped with a collective (communal) cold water meter is determined by formula 11:
Where:
V D - volume (quantity) of cold water consumed during the billing period in an apartment building, determined according to the readings of the collective (common house) cold water meter. In the cases provided for in paragraph 59(1) of paragraph ;
Volume (quantity) of cold water consumed during the billing period in u-th non-residential premises determined in accordance with paragraph 43 of the Rules;
Volume (quantity) of cold water consumed during the billing period in v-th core a room (apartment) not equipped with an individual or shared (apartment) metering device;
Volume (quantity) of cold water consumed during the billing period in w-th core a room (apartment) equipped with an individual or shared (apartment) cold water meter, determined by the readings of such a meter. In the cases provided for in paragraph 59 of the Rules, to calculate the amount of payment for utility services, the volume (quantity) of a utility resource determined in accordance with the provisions of this paragraph is used;
Volume (quantity) of hot water (in the case of independent production by the utility service provider for hot water supply (in the absence of centralized hot water supply)), consumed during the billing period in i-th core premises (apartment) or non-residential premises in an apartment building, determined in accordance with paragraphs 42 and the Rules;
V kr - the volume of cold water determined in accordance with paragraph 54 of the Rules, used by the contractor in the production of communal heating services (in the absence of centralized heating), which in addition was also used by the contractor in order to provide consumers with communal services for cold water supply;
11(1). In the case of establishing a two-component tariff for hot water, the volume of cold water used for the maintenance of the i-th residential or non-residential premises common property in an apartment building when consumed utilities cold water supply and hot water supply, measured by a collective (common house) cold water meter, is distributed:
(see text in the previous edition)
a) in relation to utilities for cold water supply for general house needs - according to formula 11.1:
Where:
Standards for cold water consumption for the purpose of maintaining common property in an apartment building;
(see text in the previous edition)
Standards for hot water consumption for the purpose of maintaining common property in an apartment building;
(see text in the previous edition)
b) in relation to public services for hot water supply for general house needs - according to formula 11.2:
12. The volume (quantity) of cold water consumed during the billing period in the v-th residential premises (apartment), not equipped with an individual or common (apartment) metering device, is determined by the formula:
Where:
N j - standard consumption of cold water supply;
n v - the number of citizens permanently and temporarily residing in the v-th residential premises (apartment) that are not equipped with an individual or shared (apartment) cold water meter.
13. The volume (quantity) of hot water, gas per i-th residential premises (apartment) or non-residential premises, Wastewater And electrical energy provided for the billing period for general house needs in an apartment building equipped with a collective (common building) metering device for the corresponding type of communal resource, is determined by formula 12:
(see text in the previous edition)
Where:
V D - volume (quantity) of a communal resource consumed during the billing period in an apartment building, determined according to the readings of a collective (common building) utility meter. In the cases provided for in paragraph 59(1) of the Rules, to calculate the amount of payment for utility services, the volume (quantity) of a utility resource determined in accordance with the provisions of this paragraph is used;
(see text in the previous edition)
The volume (quantity) of a communal resource consumed during the billing period in the u-th non-residential premises, determined in accordance with paragraph 43 of the Rules;
The volume (quantity) of a utility resource consumed during the billing period in the v-th residential premises (apartment) that is not equipped with an individual or common (apartment) metering device;
The volume (quantity) of a utility resource consumed during the billing period in the w-th residential premises (apartment) equipped with an individual or shared (apartment) utility meter, determined from the readings of such a meter. In the cases provided for in paragraph 59 of the Rules, to calculate the amount of payment for utility services, the volume (quantity) of a utility resource determined in accordance with the provisions of this paragraph is used;
V kr - the volume of the corresponding type of communal resource (electricity, gas) used during the billing period by the contractor in the production of utility services for heating and (or) hot water supply (in the absence of centralized heating and (or) hot water supply) determined in accordance with paragraph 54 of the Rules. , which in addition was also used by the contractor to provide consumers with utility services for electricity and (or) gas supply;
S i - the total area of the i-th residential premises (apartment) or non-residential premises in an apartment building;
S ob - the total area of all residential premises (apartments) and non-residential premises in an apartment building.
14. The volume (quantity) of a communal resource consumed during the billing period in the v-th residential premises (apartment) not equipped with an individual or common (apartment) meter is determined:
a) for hot water supply, sewerage and electricity supply - according to the formula:
Where:
N j - standard consumption j-th utilities;
n v - the number of citizens permanently and temporarily residing in the v-th residential premises (apartment);
B) for gas supply - according to the formula:
Where:
S v - total area of the v-th residential premises;
N gas.o. - standard consumption of utility services for gas supply for heating residential premises;
n v - the number of citizens permanently and temporarily residing in the v-th residential premises;
N gas.p. - standard consumption of utility services for gas supply for cooking;
N gas.v. - standard consumption of gas utility services for water heating in the absence of centralized hot water supply.
(see text in the previous edition)
17. The volume (quantity) of a communal resource per i-th residential premises (apartment) or non-residential premises (cold water, hot water, gas, wastewater, electrical energy) provided for general house needs for the billing period in an apartment building that is not equipped with a collective (common building) metering device is determined by formula 15:
(see text in the previous edition)
Where:
N one - the standard for the consumption of the corresponding type of communal resource for the purpose of maintaining common property in an apartment building for the billing period established in accordance with the Rules for establishing and determining standards for the consumption of utility services, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306;
(see text in the previous edition)
S oi - the total area of the premises that are part of the common property in an apartment building.
When determining the volume of cold water allocated to the i-th residential premises (apartment) or non-residential premises provided for general house needs for the billing period, the total area of the premises that are part of the common property in an apartment building is determined as the total area of the following premises that are not parts apartments of an apartment building and intended to serve more than one room in an apartment building (according to the information specified in the passport of the apartment building): areas of inter-apartment landings, stairs, corridors, vestibules, halls, lobbies, wheelchairs, security (concierge) premises in this apartment building that do not belong to individual owners;
Rent is calculated by the organization with which an agreement has been concluded for the provision of utility services in an apartment building, or powers are transferred to a single settlement center that charges utility bills.
Often the payer is faced with an inflated amount. He can check the accrual himself. But first you need to figure out what the amount of payment for housing and communal services (HCS) is made up of and what factors influence it.
What is included in the rent?
Rent is a common concept that implies a mandatory monthly payment for housing and communal services. Its structure depends on whether the property is for personal use or rented out. According to Art. 154 Housing Code of the Russian Federation, the apartment fee consists of:
| For the employer | For the owner |
| Among the expenses for maintaining living quarters: For management, maintenance, Maintenance and removal of solid waste; |
|
| From expenses for individual consumption of resources (cold and hot water, electricity, heating, gas, sanitation) | |
| From the hiring fee | From contributions for major repairs |
According to Art. 153 Housing Code of the Russian Federation, must pay utility bills:
- the employer from the moment of signing the rental agreement;
- tenant;
- the developer from the moment of receiving permission to put the house into operation.
Payment of rent for based on Art. 155 Housing Code of the Russian Federation must be made following the month of provision of services. However, the contract for the provision of housing and communal services may establish a different payment period. In the absence of payments within 3 months for the purpose of debt collection, the consumer may.
How is rent calculated?
The amount of payment for housing and communal services is not constant. It is influenced by factors:
- number of people living;
- volume of consumption;
- gasification of the house, on which it depends;
- room area;
- utility tariffs;
- issued benefits and subsidies;
- accrued penalties.
Each factor, to one degree or another, influences the total amount accrued for each line on the receipt.
Home repair and maintenance
The tariff for this line is approved in an amount capable of supporting places common use in proper form. In accordance with paragraph 7 of Art. 156 Housing Code of the Russian Federation, the fee is set by the general meeting of residents, taking into account the proposals of the management company, for at least 1 year. Based on clause 8 of Art. 156 Housing Code of the Russian Federation, the amount of contributions for owners to the HOA is established by the governing bodies.
Expenses for one-day visits
They are included in the article “Housing Maintenance”. In the absence of collective metering devices, charges will be made according to consumption standards. If available total cost is calculated by subtracting the individual consumption of all residents from the general household consumption, and then divided among all owners in proportion to the area they occupy.
Calculation of the amount for utilities
Their cost makes up a significant portion of the total rent. The calculation method depends on whether a meter is installed in the apartment or not.
According to meter readings
They are installed not only for water and electricity, but also for gas and even heating. To calculate rent based on actual consumption, it is necessary within the established time frame (usually before the 25th of the current month).
If the readings are not submitted on time, the fee will be charged based on average consumption for the previous 3 or 6 months, and then according to the standards.
According to standards
In the absence of metering devices, the price of consumed resources depends on consumption standards, which are set either per person (gas) or per 1 square meter apartments (). The final figure is calculated as the tariff multiplied by the number of people or the total area of the premises and the standard.
In the event that there is no meter, but the technical ability to install it is available, when calculating the cost of resource consumption (water and light) they are used.
IMPORTANT! If no one is registered in the apartment, and there is no IPU, utility bills will be charged as per 1 registered person.
Hiring fee
It is influenced by: the location of the room, area and available amenities. Local authorities set the fee per 1m2, and federal departments set its maximum threshold.
Tariff changes can occur no more than once a year. The organization renting out housing must notify about this 3 months in advance.
Major repair fee
Federal Law No. 271 of December 25, 2012 made significant changes to the Housing Code of the Russian Federation. Now owners pay separate contributions for major repairs to a specialized fund. Tenants of premises and property owners in .
The funds collected are used to repair or replace, for example, elevator equipment. The fee is set per 1m2, so its size directly depends on total area apartments.
Penalty
Penalties are a type of penalties assessed for debt on utility bills. , from employees of settlement centers or in a bank on a personal account.
In accordance with paragraph 14 of Art. 155 Housing Code of the Russian Federation, the penalty depends on:
- from the refinancing rate of the Central Bank of the Russian Federation (up to 90 days of delay - 1/300 of the rate, from 91 days - 1/130);
- on the amount of debt;
- on the number of days of delay.
Penalties are accrued for each day starting from 31 days from the due date for payment.
In a communal apartment
Neighbors must establish the procedure for paying for housing and communal services in such an apartment on their own. The agreement must be made in writing and signed by all residents. If owners and tenants fail to agree on the method of calculation, the dispute between them is resolved in court.
Usually residents, and each receives a separate receipt for utility bills. The rent in such apartments is calculated based on the occupied space or the number of people living.
IMPORTANT! A similar payment procedure can be established in a privatized apartment that has several owners.
Reducing the rent amount
Citizens are interested in reducing the amount of payments. You can reduce the amount of payment for housing and communal services in the following cases:
1. Installation of meters.
Paying for actual resource consumption is beneficial. Individual consumption is often significantly lower than established standards. And if people are registered in the living space, but no one lives there, installing meters will completely eliminate payments for water, electricity and gas.
IMPORTANT! Even in the absence of registration, the owner is obliged to pay for heating, housing maintenance and major repairs.
2. Temporary absence.
To reduce the rent, you must provide documents proving temporary absence (more than 5 days):
- train/plane tickets;
- a copy of a certificate confirming the fact of a business trip;
- medical certificate confirming treatment in a hospital;
- certificate of temporary registration.
Recalculation utility payments appropriate in the absence of metering devices.
3. Registration of benefits and subsidies.
Some categories of the population have the right to receive assistance from the state in the form of benefits and subsidies for paying for housing and communal services, which are a kind of discount. To do this, you need to collect a package of documents proving your right to receive government support and submit it to the district social protection department.
4. Receiving low-quality services and long interruptions in delivery.
Quality requirements are described in Appendix No. 1 of the “Rules for the Provision of Public Utilities”, approved by PP No. 354 of 05/06/2011. It also sets out the percentages by which payments are reduced in various situations. For example, for each hour that the permissible duration of a break in water or heating supply is exceeded, the cost is reduced by 0.15%.
In addition to rent reduction, based on clause 4 art. 157 Housing Code of the Russian Federation the authorized company can be held liable.
How to check whether utility bills are calculated correctly
If it seems to you that the payment for housing and communal services was calculated incorrectly, check the receipt:
- Information on the number of living citizens.
- The specified area.
- Changes in consumption rates and tariffs, their validity and legality.
- Correctness of meter readings, if available.
- New payment lines appear.
- Availability of funds to pay for unprovided housing and communal services.
The procedure for calculating rent is described in detail in Appendix No. 2 of PP No. 354 dated May 6, 2011.
Rent calculator
A service has been developed for each region to help citizens approximately calculate the amount of payment for housing and communal services. The user is required to:
- choose a place of residence;
- select a billing period;
- indicate the area of the apartment, the number of registered residents and the type of house (mkd or private);
- select the type of resource (water, electricity, gas, etc.) and calculation method (meter or standard). Payments for general house needs will also be calculated here.
The service is convenient because you don’t have to look for consumption standards or established tariffs, they are entered automatically. However, regional calculators do not calculate home maintenance fees and the amount of contributions for major repairs.
Where to go if your rent is charged incorrectly
Under the contract for the provision of housing and communal services, each party agrees to fulfill its obligations in good faith: the consumer is required to pay on time, and the responsible company is required to provide services of adequate quality and correctly calculate the rent.
If, during the verification of the correctness of the accrual, an erroneously calculated amount was identified, which, for example, is significantly higher than the payment for previous months, you need to contact:
- To the company that charges the fee: management company, homeowners association or EIRC. Before applying, check all the data on the receipt, especially the submitted readings and tariffs. If an error is discovered due to the fault of the tenant himself, he will be issued a new payment document or the amount paid will be credited in subsequent payments. If the overstatement of the amount was due to the fault of an authorized person, and recalculation was refused, it is worth filing a formal complaint with higher authorities.
ADVICE! You can get advice on calculations and charges for housing and communal services by calling the hotline in the region.
- To the state housing inspection. You need to complain to the inspectorate in case of deliberate misuse of a tariff or benefit.
- To Rospotrebnadzor. The appeal is appropriate when the incorrect accrual is associated with inadequate quality of services provided or their non-provision.
- The prosecutor's office is the body that oversees the implementation of existing laws. During the inspection, the supervisory authority may issue an order to eliminate the violation, which is subject to mandatory compliance.
- To court. Before turning to the judicial authorities, the plaintiff must collect evidence of a violation of his rights.
Responsibility for incorrect calculation of utility bills
If it is discovered that the amount of payment for housing and communal services has been overstated, the responsible person pays in favor of the applicant, according to clause 6 of Art. 157 Housing Code of the Russian Federation, a fine amounting to 50% of the amount of excess rent.
The fine is not charged when:
- the overcharge was due to the fault of the tenant;
- the violation is eliminated before payment of the payment document;
- the rent adjustment occurred before receiving a request to verify the correctness of the accrual.
Within 30 days from the date of receipt of a request for compensation for an error in the calculation, the company providing housing and communal services must check the correctness of the calculation.
According to paragraph 7 of Art. 157, if a violation is detected, the fine must be paid no later than two months from the date of receipt of the application. Payment is made by reducing the amount of rent or existing debt.
Rent consists of several elements, each of which is influenced by a number of factors, such as rates and floor space. The payer can independently control his expenses and check accruals using approved calculation formulas or using an electronic service.
If an illegal charge for utility bills has occurred, you must submit a complaint to the organization with which the agreement on the provision of utility services has been concluded. If you are refused, help can be obtained from higher authorities.
By transferring the payment for utility services to the ODN as part of the payment for the maintenance of residential premises, the legislator pursued a good goal - to limit the amount of consumer expenses to the consumption standard. Indeed, in a situation where the actual consumption of a resource (according to the OPU indications) is greater than the normative one, the balance is maintained. But practice has shown that the situation when actual consumption is less than the normative one has fallen out of the scope of regulation.
We know that the State Housing Property Authorities have already been conducting inspections of compliance by apartment building managers with the legislation on calculating payments for residential premises in terms of expenses for paying for utility resources consumed for the maintenance of common property, since 01/01/2017, naturally, based on consumer complaints.
Consumers can be understood: they saw an increase in the total amount in the receipt for January compared to December, because in December they were presented with payment for the cost of utilities on the ODN based on actual consumption (less than the standard), and in January they were issued an invoice for the payment of utility resources consumed when maintaining common property, taking into account consumption standards. Their argument is simple and logical: why should they pay for services that were not provided to them?
The GZHN bodies support them, arguing that the obligations to pay for services are derived from the services actually rendered and provided for the maintenance and repair of common property in the apartment building, as well as utilities.
What can the Criminal Code counter to these arguments?
Payment within the consumption standard
According to Part 10 of Art. 12 of the Federal Law of June 29, 2015 No. 176-FZ when initially included in the payment for the maintenance of residential premises, the costs of paying for cold water, hot water, electrical energy, thermal energy consumed in the maintenance of common property in an apartment building, wastewater disposal for the purpose of maintaining common property in an apartment building, their amountcannot exceed standard for consumption of utilities for general house needs, established by a constituent entity of the Russian Federation as of November 1, 2016.
Since the initial inclusion of these expenses in the fee for the maintenance of residential premises does not require a decision of the general meeting of owners of premises in the apartment building, a violation on the part of the apartment building manager can only consist of charging a fee in excess of the consumption standard.
Please note Special attention that the Rules for the provision of utility services do not apply to the procedure for calculating fees for the maintenance of residential premises, including the costs of paying for utility resources consumed for the maintenance of common property. Therefore, it is impossible to require the manager to calculate the element of payment for the maintenance of residential premises in accordance with clauses 40, 44 of the Rules for the provision of utility services.
Payment for actually rendered services or payment of a “subscription” fee?
Payment for utility services has a significant difference from payment for the maintenance of residential premises. The first is calculated based on the volume of services consumed (according to the readings of metering devices or based on consumption standards) (Part 1 of Article 157 of the Housing Code of the Russian Federation), while the second is established by a decision of the general meeting in an amount that ensures the maintenance of common property in accordance with the requirements of the law (see. Article 156 of the Housing Code of the Russian Federation). The amount of payment for the maintenance of residential premises is set for a year, taking into account the proposals of the management company. The amount of payment that the owner of the premises is obliged to pay monthly to the management company never coincides with the cost of services (work) for the maintenance and repair of common property actually provided (performed) in a specific billing period. Identity must be observed at the end of the year, when a full list of activities for the maintenance of common property (including seasonal ones) has been completed. It should be noted here that the increase in management costs for performing mandatory work, the need to carry out additional work, not agreed upon at the conclusion of the contract, do not give the right to increase in unilaterally amount of the fee (see Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 29, 2010 No. 6464/10). In other words, the management company does not have the right, without the consent of the owners of the premises, to demand from them payment (indicate in payment documents) any additional amounts in addition to the amount of payment for the maintenance of residential premises approved at the general meeting. On the contrary, we are convinced that reducing management costs for implementation necessary measures does not determine its obligation to recalculate fees for consumers.
The fact that the monthly payment document, which is the basis for paying fees for the maintenance of residential premises, does not serve as an act of provision of services, was stated, among other things, in the Determination of the Constitutional Court of the Russian Federation dated February 28, 2017 No. 292-O.
Thus, the current legislation does not give grounds to believe that billing for payment of utility costs (as part of the fee for the maintenance of residential premises) in an amount calculated in strict accordance with federal law leads to the collection of fees from consumers for services not provided.
About incentives for energy saving
One of the arguments in favor of charging for utility resources after the fact is that the current procedure does not encourage consumers to save energy. However, this is exactly the argument made by the managers of the apartment buildings, who objected to granting the RSO the right to recover from them the cost of the communal resource provided for the purpose of maintaining common property, taking into account the increasing coefficient in the absence of the public utility. Managers rightly noted: the absence of public utility services does not in any way affect consumers; they are not motivated to install public utility services and, in general, to reduce consumption at public utility stores. The loss in the form of a multiplying coefficient is borne by the manager; he now has the right, at his own expense, to establish the profit and loss account balance and use its readings in calculating the fee.
The responsibility of the management company to pay the amount of the increasing coefficient in addition to payment of the cost of the resource consumed for the maintenance of common property (in the absence of public property management), and the right of the management company to receive payment from consumers for utility resources consumed in the maintenance of common property, within the standard (in the presence of public property management and implementation of energy-saving measures). measures aimed at reducing the volume of consumption on the one-way store, that is, to obtain a profit for the management company) - these are circumstances of the same kind. By installing the control center, the management company will get rid of the loss in the form of an increasing coefficient and will be able to compensate for the costs of installing the control center due to the difference between the standard and actual resource consumption for the maintenance of common property.
On proposed amendments to the Housing Code of the Russian Federation (bill No. 113667-7)
At the beginning of March 2017 in State Duma Bill No. 113667-7 was introduced, which plans to change the procedure for calculating fees for the maintenance of residential premises in terms of the costs of paying for utility resources consumed in the maintenance of common property. Part 9.2 art. 156 Housing Code of the Russian Federation and Part 10 of Art. 12 of Federal Law No. 176-FZ is proposed to be supplemented with the following words: except for the case when the general meeting of owners of premises in an apartment building made a decision on the distribution of consumption of utility resources among the owners of premises in an apartment building based on the readings of a common building (collective) meter.
In other words, according to general rule the amount of expenses is determined by the consumption standard, except for the case when the owners decided to pay them based on the actual volume of resource consumption.
Of course, this legislative initiative is due to the economic and political situation. Therefore, the chances of this law being adopted are very high. However, what then was the point of transferring payments for utilities to the payment for the maintenance of residential premises? What is the difference between Part 9.2 of Art. 156 of the Housing Code of the Russian Federation in the proposed wording from clause 44 of the Rules for the provision of public utilities in the previously valid versions?
Does this mean that the fee for maintaining a residential premises will fluctuate from month to month? Or should it be assumed stable for a year with subsequent recalculation?
Interesting point: in explanatory note to this bill it is stated that the reason for the significant excess of standard consumption over actual consumption is inflated standards established at the regional level (as of November 1, 2016). Indeed, this is clearly shown in the comparative table attached to the bill. It turns out that it is easier to amend the federal law than to ensure that the constituent entities of the Russian Federation establish justified consumption standards? Although, since 2017, the bodies of the Civil Service have been vested with the authority to monitor the validity of establishing consumption standards.
At the beginning of 2017, both apartment managers and consumers became hostages to amendments to housing legislation. On the side of managers is the law, on the side of consumers is justice. It is not known in advance which side the court will take, but an attempt is not torture...
From the press release published on the website of the Ministry of Construction of the Russian Federation on 04/06/2017, it follows: officials also see the reason for overpayments by consumers for housing and communal services in inflated consumption standards that are not timely updated at the regional level. The same publication reports that the Ministry of Construction is developing changes to housing legislation, suggesting:
– annual adjustment of payments for public utility services (apparently, this refers to payments for utility resources consumed for the maintenance of common property), based on the testimony of the operating expenses;
– the use of an analogue calculation method in cases where the result is below the standard established by the calculation method.
How were expenses for general household needs (GDN) calculated before and how are they now?
Until the beginning of 2017, expenses for one-time services were calculated on a residual basis. We took the total volume of utility service consumption according to the common building metering device (ODPU) for an apartment building, and subtracted from it what was spent in the apartments (readings individual devices metering (IPU), consumption standard in apartments where IPU are not installed). The entire balance was paid as ODN expenses.
Valid since 2017 new order. Expenses for public housing are included in the payment for housing maintenance and are called communal resources consumed for the maintenance of common property (CR on SOI). Now, according to the legislator, the fee for CD on SOI will be a constant amount, that is, the same every month throughout the year. Its size is calculated regardless of the presence or absence of ODPU - based on the consumption standard approved by the Tariff Department of the Novosibirsk Region and valid as of November 2016.
In the Novosibirsk region, have the costs of electricity in the basements and attics of an apartment building been included in the payment for utility resources consumed for the maintenance of common property (KR on SOI)?
According to the clarifications of the Ministry of Construction of Russia (letter dated 01.01.2001 N 12368-АЧ/04), when calculating the payment for the CD for SOI in an apartment building, it is envisaged to include different areas of common property for different communal resources:
- when calculating the amount of payment for the communal resource of hot water supply and hot water supply, the areas of inter-apartment landings, stairs, corridors, vestibules, halls, vestibules, wheelchairs, security rooms are taken into account - the so-called cleaning areas;
- when calculating the amount of payment for the utility resource electricity, the total area of premises of common areas is taken into account, including the area of attics and basements - the so-called illuminated area.
At the same time, the Ministry of Construction of Russia proceeds from the fact that in accordance with the Rules for establishing and determining standards for the consumption of utility services and standards for the consumption of utility resources for the purpose of maintaining common property in an apartment building (Resolution of the Government of the Russian Federation), when calculating consumption standards, KR on SOI are taken into account as harvesting areas , and the illuminated area (attics and basements). Therefore, according to the Russian Ministry of Construction, management organization, when calculating the amount of payment for CD on SOI, it must apply the areas taken into account when determining the standard for this type KR on SOI, that is, taking into account attics and basements.
At the same time, letters from the Ministry of Construction of Russia are not normative, are explanatory in nature and are not binding.
How are things going in the Novosibirsk region? GZHI NSO, as a regulatory body, adheres to the following position:
When calculating the amount of payment for the CD on SOI, the apartment building is taken into account. For electricity – illuminated area. For hot water and cold water - harvesting area. The total area of the apartment building is recorded in the technical passport.
Accordingly, in order to reduce the amount of payment for CD on SOI, the owners, together with the management organization, need to carry out an “audit” of the common property: establish cleaning areas, specific illuminated areas (for example, exclude attics, basements, where there is actually no power supply system), and make these changes to technical certificate.
Is the tariff fixed and economically justified?
The tariff, like the fixed standard, is established by the Tariff Department of the Novosibirsk Region.
But when calculating the amount of payment for utility resources consumed for the maintenance of common property (KR on SOI), not only the tariff is taken into account, but also the consumption standard of the KR. And the legislator established that until June 1, 2017, only the consumption standard is subject to change.
When initially included in the payment for the maintenance of residential premises of the Kyrgyz Republic on SOI, their amount should not exceed the standard for the consumption of utilities for general house needs, established by the constituent entity of the Russian Federation as of November 1, 2016. In our region, consumption standards are approved by orders of the Tariff Department of the Novosibirsk Region -B (cold, hot water), -EE (electricity).
It should be noted that the standards for the consumption of utilities for general house needs (GDN), established by the Department in 2012, were relevant at the time of their adoption and the period of validity was until amendments were made to the Housing Code of the Russian Federation. The standard established in 2012 encouraged owners of premises in an apartment building to install a common house metering device (CDMU) and pay for utilities on the metering device according to its readings. Thus, the legislator’s plan to introduce an energy efficiency system was realized. In those apartment buildings where there was no general income tax or where the average income exceeded the established standard, payment was made according to the established standards.
On May 22, 2017, the Tariff Department of the Novosibirsk Region adopted new standards for the consumption of the Kyrgyz Republic for SOI (hot water supply, hot water supply, electricity). When calculating the new standards, all energy efficiency measures that owners took to achieve the goal of reducing the consumption of utility services at the public service point (installation of distribution units, energy-saving light bulbs, motion sensors, use of equipment with a low energy consumption class) must be taken into account - as a result, the new standards are lower than those adopted in 2012 , 2013.
However, the first results in the form of a reduction in the fee for CD on SOI can only be assessed in July 2017.
How much more did residents pay? apartment buildings in the Novosibirsk region?
The Inspectorate does not maintain such special statistics. At the same time, it is impossible to speak unequivocally about a total increase in the amount of payment for utility resources consumed for the maintenance of common property (CR on SOI). It all depends on design features apartment building, its equipment with a common building metering device (CDMU), energy efficiency measures taken by the owners, the conscientiousness of the owners in providing readings from individual metering devices (IMU) and other criteria.
Thus, in apartment buildings where ODPUs were installed, energy efficiency measures were carried out, the amount of payment for the Kyrgyz Republic on SOI (when charging according to the standard) increased by 10-15%.
In apartment buildings where ODPU were installed, but there was always an overexpenditure of communal resources on the ODPU, and the owners did not decide to distribute the excess in proportion to the occupied areas, the amount of payment for the RC on the POI (when charging according to the standard) decreased or remained the same.
Eat apartment buildings, on which the method of calculating payment for CDs on SOI based on the indications of the ODPU was retained. In such cases, the management organization is independently responsible for the legal consequences of using the method for determining the amount of payment for CD on SOI based on the actual volume of consumption. Disputes arising in connection with the use of this method of calculating the amount of fees are resolved in civil law (claims or court). During inspections, the inspection only controls the fact that the size of the Kyrgyz Republic’s payment for SOI does not exceed the standard.
Will the installation of common house metering devices (CDMU) allow residents to reduce their costs of paying for electricity in basements and attics?
Since from 01/01/2017 the amount of payment for utility resources consumed for the maintenance of common property (KR on SOI) must be calculated according to the consumption standard, the readings of the DPPU are not taken into account when calculating the amount of payment. ODPU readings are taken into account when calculating the management organization with the resource supplying organization.
Indeed, when new form when calculating the payment for CD on SOI, a situation may arise when the owners, according to the standard for a communal resource for the maintenance of common property, paid more than the management organization when settling with the resource supplying organization according to the indications of the DPPU.
Many regions refuse to include attic energy costs on pay stubs. How correct is this and is it even possible?
The inspectorate does not maintain such statistics for other regions.
The obligation to bear expenses for the maintenance of common property, including utility resources consumed for the maintenance of common property (CR on SOI), is established by the Housing Code of the Russian Federation.
The question is the correctness of calculating the amount of payment for CD on SOI and taking into account the illuminated areas. As mentioned above, when the right approach to calculations, “revision” of common areas, updating technical passport, there should be no problems with calculating the amount of payment for CD on SOI. It all depends on the owners, who must understand that by carrying out a number of activities, subject to their financing, such as energy efficiency measures, updating technical data sheets, explanatory work with owners, constructive “dialogue” with the management organization, they may well achieve a reduction in the amount of fees KR on SOI.
From July 30, there are five options for calculating utility fees for the maintenance of common property. This happened because it came into force on this day.
Details in today's article.
Five calculation options
The new Federal Law of July 29, 2017 N 258-FZ introduced changes to the procedure for calculating fees for utility resources for the maintenance of the common property of apartment buildings. To keep you up to date, on August 14, together with Elena Shereshovets, we held a webinar in which we talked about whether the changes would have a good or bad effect on the work of management companies.
The choice of utility fee calculation option depends on the situation:
- The MKD has an ODPU installed (clause 9.2 of Article 156 of the RF Housing Code).
- An automated information measuring system is installed in the MKD.
- OSS decided on a different accrual procedure.
- The ODPU is not established in the MKD (clause 9.3 of Article 156 of the RF Housing Code).
- The subject of the Russian Federation has not adopted a standard.
If the house is equipped with a common house meter, you need to calculate it according to the standard, and then recalculate it once a year, taking into account the readings of the ODPU. Recalculation formulas will be adopted at the end of August this year.
You need to calculate the fee differently if the house, in addition to the ODPU, has an automated information measuring system. Or if an ODPU has been installed in the house, but the OSS has decided on a different accrual procedure.
Let's look at each option in more detail and tell you at the end what to do if a standard has not yet been established in a constituent entity of the Russian Federation.
ODPU installed in MKD
If an ODPU is installed in an apartment building, the calculation is made based on the standard with recalculation. The volume of consumed communal resources will be calculated as the product of the standard established by the constituent entity of the Russian Federation by the total area of premises from the common property of the apartment building, by the quotient of the total area MKD premises and the total area of all premises of the apartment building.
Why then a metering device if we count according to the standard? The meter will be needed once a year. All year, from August to July 1 next year, in houses with ODPU you charge for a utility resource according to the standard. On June 30 of the next year, the payment document for June will need to be recalculated.
The recalculation is done by the person managing the apartment complex: management organization, HOA, TSN or residential complex. To make a recalculation, you need to take all the ODPU readings for the year, subtract the standard from them and multiply this difference by the share of the consumer’s premises in the total property of the apartment building.
If the resulting result is zero or positive, then the adjustment will be zero. This means that if, according to the administrative budget, residents consumed more utility resources for a whole year, and according to the standard you charged them less, the adjustment will be zero; you have no right to charge additional amounts.
Recalculation can be done only if, in fact, the residents of the house during the year consumed less utility resources than the standard. The recalculation is always done downward: residents will pay less in any case.
There are three more reasons for recalculation:
- the management company stopped managing the house,
- the tenant's right of ownership to the residential premises has ceased,
- the tenancy agreement is terminated.
Automated information measuring system
The apartment building has ODPU installed, but there is also an automated information measuring system. The calculation of fees for a utility resource for the maintenance of common property will be made according to the readings of this system, provided that it has the ability to take readings at once.
The concept of “simultaneous taking of testimony” is not enshrined in law. It is believed that if the system allows readings to be taken from all metering devices within an hour, then this can be considered a one-time reading.
The volume of communal resources for such a house is what was shown automated system, multiplied by the quotient of the total area of a particular premises and the total area of all premises in an apartment building.
The general meeting of owners made a different decision
This is the only option for calculating fees for utility resources at public buildings in apartment buildings today, which can be influenced by the management organization. In this situation, the house also has communal metering devices, but the OSS, with 50+% of the votes, makes one of two decisions on determining the amount of expenses for the purchase of a utility resource:
- according to the testimony of the ODPU,
- by average monthly volume.
To make a decision to charge for a utility resource according to the ODPU readings, two conditions must be met: the ODPU must be installed in the house and work must be carried out beyond the minimum list.
It is important to remember: if a constituent entity of the Russian Federation has not adopted a standard, such a meeting cannot be held.
If the house has an ODPU, the list of works and services exceeds the minimum and a decision has been made at the OSS to determine expenses based on the ODPU readings, the volume of the communal resource is determined as follows: the difference between the volume of the KR and the sum of the volumes of the KR is multiplied by the quotient of the total share of the MKD premises and the total share of all premises in MKD.
If the resulting volume has a negative value, then next month it decreases by this amount (clause “a”, clause 21 of RF PP No. 124). In this case, no recalculation is done.
The second option for the OSS solution is that the owners will pay in the amount of the average monthly consumption of a utility resource. Prerequisites for this solution:
- ODPU is installed in the house,
- OSS takes the amount of average monthly consumption,
- recalculation is done in July.
The recalculation is done in the same way as in the case when general meeting owners were not carried out. The only difference: from the sum of all ODPU readings for the year, it is not the standard that is subtracted, but the amount of the average monthly consumption of a utility resource.
That is, recalculation is done when, in fact, during the year the residents of the house spent less utility resources than the average monthly consumption. The recalculation is made downward; residents will pay less in any case.
There is no ODPU in MKD
The fourth option for calculating the payment for a utility resource for the maintenance of public buildings is used for houses in which the DPPU is not installed or for houses in which:
- three calendar months have passed since the date of failure of the ODPU,
- the previously put into operation ODPU was lost,
- The service life of the ODPU has expired.
In these cases, the volume of resource consumed is determined according to the standard. The standard is multiplied by the area of common areas, and then multiplied by the share of a particular owner. No recalculation is done.
But what to do if a subject of the Russian Federation has not adopted the standard?
The subject of the Russian Federation did not adopt the standard
First, you need to decide which standard the constituent entity of the Russian Federation has not adopted:
If the standard for a utility resource has not been adopted, nothing needs to be done. The period that began on January 1 and which will end with the adoption of new standards has not yet ended. It is necessary to continue to count according to the standards for ODN, which were approved on November 1, 2016. It is impossible to set more than the standard, it is impossible to carry out OSS.
If the standard for ODN is not adopted, residents of MKD are charged for the utility resource for the maintenance of OI in MKD based on actual consumption.