Decree of the Government of the Russian Federation dated May 6, 2011 N 354 (as amended on July 13, 2019) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (together with the “Rules for the provision of utility services...

VI. Procedure for calculating and paying utility bills

36. The calculation of the amount of payment for utility services is carried out in the manner established by these Rules, taking into account the features provided for by regulations governing the procedure for establishing and applying social norm consumption electrical energy(power), if in the subject Russian Federation a decision was made to establish such a social norm.

37. Billing period for payment utilities is set equal to the calendar month.

38. The amount of payment for utility services is calculated according to tariffs (prices) for consumers established by the resource supplying organization in the manner determined by the legislation of the Russian Federation on government regulation prices (tariffs).

If in a constituent entity of the Russian Federation a decision has been made to establish a social norm for the consumption of electrical energy (power), the amount of payment for utility services for electricity supply is calculated based on the prices (tariffs) for electrical energy (power) established for the population and equivalent categories of consumers in within and beyond such social norm.

In the case of establishing tariffs (prices) differentiated by consumer groups, the amount of payment for utility services is calculated using the tariffs (prices) established for the corresponding group of consumers.

If surcharges are established on tariffs (prices), the amount of payment for utility services is calculated taking into account such surcharges.

In the case of establishing two-rate tariffs (prices) for consumers, the calculation of the amount of payment for utility services is carried out according to such tariffs (prices) as the sum of the constant and variable components of the payment, calculated for each of the 2 established rates (fixed and variable) of the two-rate tariff (price) separately .

In the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service is calculated based on the sum of the cost of the cold water component intended for heating in order to provide the hot water supply utility service (or the coolant component, which is integral part tariff for hot water in open heating systems (hot water supply), and the cost of the component for thermal energy used for heating cold water for the purpose of providing public hot water supply services.

(see text in the previous edition)

When establishing tariffs (prices) for consumers, differentiated by time of day or other criteria reflecting the degree of use of utility resources, the amount of payment for utility services provided in residential premises is determined using such tariffs (prices) if the consumer has an individual, common (apartment) or room metering device that allows you to determine the volumes of utility resources consumed in the corresponding premises differentiated by time of day or other criteria reflecting the degree of use of utility resources.

(see text in the previous edition)

When calculating the amount of payment for utility resources purchased by the contractor from a resource supplying organization for the purpose of providing utility services to consumers, the tariffs (prices) of the resource supplying organization are used when calculating the amount of payment for utility services for consumers.

39. If, when calculating the amount of payment for a utility service, a two-part tariff (price) is subject to application, then the contractor, in order to calculate the constant component of the payment, is obliged to calculate in the manner in accordance with Appendix No. 2 the amount attributable to each residential or non-residential premises in apartment building the number of units of that constant value (power, load, etc.) that is established by the legislation of the Russian Federation on state regulation of tariffs for calculating the constant component of the fee.

40. A consumer in an apartment building pays for utilities (cold water supply, hot water supply, sewerage, electricity supply, gas supply) provided to the consumer in a residential and non-residential premises in the cases established by these Rules, with the exception of the case of direct management of an apartment building by the owners of the premises in this building, as well as cases where the management method in the apartment building is not selected or the selected management method is not implemented, in which the consumer in the apartment building is included in the payment for utilities services (cold water supply, hot water supply, sewerage, electricity supply, gas supply) pays separately for utilities provided to the consumer in residential or non-residential premises, and payment for utilities consumed during the maintenance of common property in an apartment building (hereinafter - utilities provided for general house needs).

(see text in the previous edition)

(see text in the previous edition)

Consumer of utility services for heating and (or) hot water supply produced and provided by the contractor to the consumer in the absence centralized systems heating and (or) hot water supply, pays a fee calculated in accordance with paragraph 54 of these Rules.

(see text in the previous edition)

41. The consumer of utilities in a household pays a fee for utilities, which includes payment for utilities provided to the consumer in the residential premises, as well as utilities consumed during use land plot and outbuildings located on it.

42. The amount of payment for a utility service provided to a consumer in a residential premises equipped with an individual or common (apartment) metering device, with the exception of payment for a heating utility service, is determined in accordance with formula 1 of Appendix No. 2 to these Rules based on the readings of such a device accounting for the billing period. In the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service provided to the consumer for the billing period in a residential premises is determined in accordance with formula 23 of Appendix No. 2 to these Rules based on meter readings hot water.

(see text in the previous edition)

In the absence of an individual or general (apartment) metering device for cold water, hot water, electrical energy and gas and the absence of the technical possibility of installing such a metering device, the amount of payment for utility services for cold water supply, hot water supply, electricity supply, gas supply provided to the consumer in a residential premises, is determined in accordance with formulas 4 and Appendix No. 2 to these Rules based on utility service consumption standards. In the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service provided to the consumer for the billing period in a residential premises is determined in accordance with formula 23 of Appendix No. 2 to these Rules based on the hot water consumption standard.

(see text in the previous edition)

In the absence of an individual or general (apartment) metering device for cold water, hot water, electrical energy and in the event of an obligation to install such a metering device, the amount of payment for the utility service for cold water supply, hot water supply and (or) electricity supply provided to the consumer in a residential premises, is determined by formula 4(1) of Appendix No. 2 to these Rules based on the standard consumption of utility services for cold water supply, hot water supply and (or) electricity supply using an increasing coefficient, and in the case of establishing two-component tariffs for hot water, the amount of payment for utility services according to hot water supply provided to the consumer for the billing period in a residential building that is not equipped with such metering devices is determined by formula 23(1) of Appendix No. 2 to these Rules based on the hot water consumption standard using a multiplying factor.

(see text in the previous edition)

(see text in the previous edition)

The amount of payment for utility services provided to a consumer in a residential premises in the cases and for the billing periods specified in paragraph 59 of these Rules is determined based on the data specified in paragraph 59 of these Rules.

The amount of payment for utility services for sewerage provided for the billing period in a residential premises that is not equipped with an individual or common (apartment) metering device Wastewater, is calculated based on the sum of the volumes of cold and hot water provided in such a residential premises and determined according to the readings of individual or common (apartment) cold and (or) hot water meters for the billing period, and in the absence of cold and (or) hot water meters water - in accordance with formula 4 of Appendix No. 2 to these Rules based on the drainage standard.

(see text in the previous edition)

42(1). Payment for heating utilities is carried out in one of two ways - during the heating period or evenly throughout the calendar year.

In an apartment building that is not equipped with a collective (common building) heat energy meter, and a residential building that is not equipped with an individual heat energy meter, the amount of payment for the heating utility service is determined according to formulas 2, , and Appendix No. 2 to these Rules based on from the heating utility consumption standard.

(see text in the previous edition)

In an apartment building that is equipped with a collective (community) heat metering device and in which not a single residential or non-residential premises is equipped with an individual and (or) common (apartment) heat energy metering device, the amount of payment for the heating utility service is determined by formulas 3 and Appendix No. 2 to these Rules based on the readings of a collective (common house) heat energy meter.

(see text in the previous edition)

In an apartment building that is equipped with a collective (common building) heat metering device and in which at least one, but not all residential or non-residential premises are equipped with individual and (or) common (apartment) heat energy metering devices, the amount of payment for the heating utility service is determined according to formulas 3(1) and Appendix No. 2 to these Rules based on the readings of individual and (or) general (apartment) and collective (common house) heat energy meters.

(see text in the previous edition)

In an apartment building that is equipped with a collective (common building) heat metering device and in which all residential and non-residential premises are equipped with individual and (or) common (apartment) heat energy metering devices, the amount of payment for utility services for heating is determined by formulas 3(3 ) and Appendix No. 2 to these Rules based on the readings of individual and (or) common (apartment) heat energy metering devices and the readings of a collective (common house) thermal energy metering device.

(see text in the previous edition)

In a residential building that is equipped with an individual heat energy meter, the amount of payment for the heating utility service is determined according to formulas 3(4) and Appendix No. 2 to these Rules based on the readings of the individual heat energy meter.

(see text in the previous edition)

If an apartment building is equipped with a collective (common building) heat energy meter and, at the same time, residential and non-residential premises in the apartment building, the total area of ​​which is more than 50 percent total area all residential and non-residential premises in an apartment building are equipped with distributors, the amount of payment for heating utilities is determined in accordance with the provisions of paragraphs three and four of this paragraph and is subject to adjustment once a year by the contractor in accordance with formula 6 of Appendix No. 2 to these Rules. By decision general meeting owners of premises in an apartment building, members of a partnership or cooperative, a more frequent frequency during the year may be established for adjusting the amount of payment for utility heating services provided to consumers in the apartment building specified in this paragraph, in the case of payment for utility services for heating during the heating period period. In case of failure, absence of indications or presence of the fact of violation of the integrity of the seal of at least one distributor in a residential or non-residential premises apartment building such a room is equivalent to rooms not equipped with distributors.

(see text in the previous edition)

When choosing a payment method for heating utilities during the heating period when open system heat supply (hot water supply) in the event that the heat metering unit of an apartment building is equipped with a collective (common building) heat energy meter that takes into account the total volume (quantity) of heat energy consumed for heating and hot water supply, to determine the amount of payment for utility services according to heating in accordance with the provisions of paragraphs three to five of this paragraph, the volume (quantity) of thermal energy consumed during the billing period for heating needs, during the heating period is determined as the difference in the volume (quantity) of thermal energy consumed during the billing period, determined on the basis of the readings of the collective ( a common building) thermal energy meter with which an apartment building is equipped, and the product of the volume (quantity) of thermal energy consumed during the billing period, used to heat water for the purpose of providing public services for hot water supply, determined based on the standard consumption of thermal energy used to heat water in order to provide public services for hot water supply, and the volume (quantity) of hot water consumed in the premises of an apartment building and for general house needs.

When choosing a method of payment for heating utilities during the heating period, if, with an open heat supply (hot water supply) system in an apartment building, collective (common house) metering devices are installed separately in the heating system and in the hot water supply system, the amount of payment for the utility service according to heating is determined in accordance with the provisions of paragraphs three to five of this paragraph.

When choosing a method of payment for a heating utility service during the heating period, the volume (quantity) of thermal energy in the amount determined on the basis of the readings of individual and (or) general (apartment) heat energy metering devices is used when calculating the amount of payment for the heating utility service for the billing period in which the consumer submitted meter readings. When choosing a method of paying for heating utilities evenly throughout the calendar year, the readings of individual and (or) general (apartment) heat energy meters are used when making adjustments for the past year.

(see text in the previous edition)

42(2). The payment method for heating utilities during the heating period is applied from the beginning of the heating period in the year following the year in which the authority state power subject of the Russian Federation, a decision was made to choose this method, and the method of payment for utility services for heating evenly throughout the calendar year - from July 1 of the year following the year in which the government authority of the subject of the Russian Federation decided to choose this method.

If a government body of a constituent entity of the Russian Federation makes a decision to change the method of payment for a heating utility service, the executor shall adjust the amount of payment for a heating utility service in the first quarter of the calendar year following the year in which the payment method is changed, in accordance with formula 6 (1)

(see text in the previous edition)

43. The volume of thermal energy consumed in the non-residential premises of an apartment building is determined in accordance with paragraph 42(1) of these Rules.

In the absence of a collective (common building) heat energy meter in an apartment building, as well as an individual heat energy meter, the specified volume is determined based on the heating utility consumption standard applied in such an apartment building.

(see text in the previous edition)

The volume of electrical energy, cold water and hot water consumed in a room allocated in an apartment building for parking spaces, the volume of waste water discharged is determined based on the readings of the corresponding utility resource meters installed for the purpose of separate metering of the consumption of utility resources in this room, and in their absence, based on the area of ​​the specified premises and the standard consumption of cold water, hot water, waste water disposal, electrical energy for the purpose of maintaining common property in an apartment building. The specified volume of electrical energy, cold water and hot water, as well as waste water is distributed among the owners of parking spaces in proportion to the number of parking spaces belonging to each owner. Moreover, in the absence of electricity, cold water and hot water meters installed for the purpose of separate metering of the consumption of utility resources in this room, the amount of payment for owners of parking spaces is determined by applying an increasing factor to the corresponding standard for the consumption of utility resources, the value of which is taken to be 1.5.

(see text in the previous edition)

44. The amount of payment for utility services provided for general house needs in the cases established by paragraph 40 of these Rules, in an apartment building equipped with a collective (communal) metering device, with the exception of utility heating services, is determined in accordance with formula 10 of Appendix No. 2 to these Rules.

At the same time, the volume of utility services provided for common household needs during the billing period, distributed in accordance with formulas 11 - Appendix No. 2 to these Rules among consumers, cannot exceed the volume of utility services calculated based on the consumption standards of the corresponding utility resource for the purpose of maintaining common property in apartment building, except in cases where the general meeting of owners of premises in the apartment building, held in in the prescribed manner, a decision was made to distribute the volume of utilities in the amount of the excess of the volume of utilities provided for common house needs, determined based on the readings of the collective (common house) meter, over the volume calculated based on the standards for the consumption of communal resources for the purpose of maintaining common property in an apartment building, between all residential and non-residential premises in proportion to the size of the total area of ​​each residential and non-residential premises.

When calculating the payment for a utility service provided for general house needs to a consumer in a non-residential premises, the prices (tariffs) established for the category of consumers to which such a consumer belongs are used.

If the common house (collective) and all individual (apartment) metering devices have the same functionality to determine the volume of consumption of utility services differentiated by time of day or other criteria reflecting the degree of use of utility resources, then the volumes of utility services provided during the billing period for general house needs are determined separately for each time of day or other criterion and the amount of payment for each of these volumes of utility services are distributed among consumers in accordance with paragraph one of this paragraph. In other cases, the volume of utility services provided for the billing period for general house needs is determined and distributed among consumers in an apartment building without taking into account the differentiation of this volume by time of day or other criteria reflecting the degree of use of utility resources, unless otherwise established by the agreement containing the provisions on the provision of public services.

(see text in the previous edition)

45. If the volume of utility services provided during the billing period for general house needs is zero, then the payment for the corresponding type of utility service provided for general house needs, determined in accordance with paragraph 44 of these Rules, is not charged to consumers for such billing period.

(see text in the previous edition)

46. ​​Payment for the corresponding type of utility service provided for the billing period for general house needs, determined in accordance with paragraph 44 of these Rules, is not charged to consumers if, when calculating the volume of utility service provided for the billing period for general house needs, it is established that the volume communal resource, determined based on the readings of the collective (common house) meter for this billing period, is less than the sum of the volumes of the corresponding type of utility service provided for this billing period to consumers in all residential and non-residential premises, determined in accordance with paragraphs 42 and these Rules, and determined in accordance with paragraph 54 of these Rules of the volumes of the corresponding type of utility resource used by the contractor during this billing period in the independent production of utility services for heating and (or) hot water supply.

(see text in the previous edition)

(see text in the previous edition)

48. In the absence of a collective (common house) metering device, the amount of payment for utility services (with the exception of utility services for heating) provided for general house needs in an apartment building in the cases established in paragraph 40 of these Rules is determined in accordance with formula 10 of Appendix No. 2 to these Rules. In this case, the volume of communal resources consumed in the maintenance of common property in an apartment building per residential (non-residential) premises is determined in accordance with formula 15 of Appendix No. 2 to these Rules.

(see text in the previous edition)

49. If the household is not equipped with an individual meter for the corresponding type of communal resource, then the consumer, in addition to the payment for the utility service provided in the residential premises calculated in accordance with paragraph 42 of these Rules, pays for the utility service provided to him when using the land plot and located on it outbuildings.

The amount of payment for utility services provided to the consumer when using a land plot and outbuildings located on it is calculated in accordance with formula 22 of Appendix No. 2 to these Rules based on the standards for the consumption of utility services when using the land plot and outbuildings located on it.

The calculation of the amount of payment for utility services provided to the consumer when using the land plot and outbuildings located on it is carried out starting:

from the date specified in the contract containing provisions for the provision of utility services, or in the consumer’s application submitted to the contractor in accordance with subparagraph “k” of paragraph 34 of these Rules, on the start of consumption of the utility service provided by the contractor when using the land plot and outbuildings located on it if the consumer does not have an individual metering device;

from the date specified in the act on identifying the fact that the consumer does not have an individual metering device and on his consumption of the utility service provided by the contractor when using the land plot and outbuildings located on it. Such an act is drawn up by the contractor in the presence of the consumer and at least 2 uninterested persons. The contractor is obliged to indicate the consumer's objections in the act drawn up and does not have the right to prevent the consumer from attracting other uninterested persons to participate in the inspection, information about which, if they are attracted by the consumer, must also be included in the act drawn up by the contractor.

50. The calculation of the amount of payment for utility services provided to a consumer living in a room (rooms) in a residential premises that is a communal apartment (hereinafter referred to as a communal apartment) is carried out in accordance with formulas 7, , , , and Appendix No. 2 to these Rules, and in the case of establishing two-component tariffs for hot water - in accordance with formulas 25 - Appendix No. 2 to these Rules.

(see text in the previous edition)

If a communal apartment is equipped with a common (apartment) electric energy meter and at the same time all rooms in the communal apartment are equipped with room electric energy meters, then the amount of payment for the utility service for electricity provided to the consumer in the room in the communal apartment is determined in accordance with formula 9 Appendix No. 2 to these Rules.

If a communal apartment is equipped with a common (apartment) electricity meter and not all rooms in the communal apartment are equipped with room electricity meters, then the calculation of the amount of payment for the utility service for electricity provided to the consumer living in the room (rooms) equipped with a room electrical energy metering device, is carried out based on the readings of the room metering device and the agreement reached between all consumers in a communal apartment on the procedure for determining the volume (quantity) of electrical energy consumed in the premises, which are the common property of the owners of rooms in a communal apartment, and on its distribution among all consumers in a communal apartment.

This agreement must be in writing, signed by the consumers of the communal apartment or their authorized representatives and handed over to the contractor. In this case, the contractor calculates the payment for utility services for electricity provided to consumers in a communal apartment in accordance with the agreement received from them, starting from the month following the month in which such an agreement was transferred to the contractor.

In the absence of the specified agreement, the calculation of fees for utility services for electricity supply is carried out in accordance with formula 7 of Appendix No. 2 to these Rules without taking into account the readings of room electricity meters.

51. The calculation of the amount of payment for utility services provided to consumers in residential premises in corridor, hotel and sectional type dormitories (with the presence of common kitchens, toilets or shower blocks on the floors) is carried out in the manner established for calculating the amount of payment for utility services for consumers living in a communal apartment.

52. The calculation of the amount of payment for utility services provided to consumers in residential premises in apartment-type dormitories is carried out in the manner established for calculating the amount of payment for utility services for consumers living in residential premises in an apartment building.

(see text in the previous edition)

54. In the case of independent provision by the contractor of utility services for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply) using equipment that is part of the common property of the owners of premises in an apartment building, calculation of the amount of payment for consumers for such a utility service is provided by the contractor based on the volume of the utility resource (or resources) used during the billing period in the production of the utility service for heating and (or) hot water supply (hereinafter referred to as the utility resource used in production), and the tariff (price) for the utility service used in production communal resource.

(see text in the previous edition)

The volume of a utility resource used in production is determined by the readings of a meter recording the volume of such a utility resource, and in its absence - in proportion to the costs of such a utility resource for the production of thermal energy used for the provision of communal heating services and (or) for the provision of communal services for hot water supply.

(see text in the previous edition)

In this case, the total volume (quantity) of thermal energy produced by the contractor during the billing period, used for the purpose of providing utility services for heating and (or) for the purpose of providing utility services for hot water supply, is determined by the readings of metering devices installed on the equipment used by the contractor a utility service for heating and (or) hot water supply was provided, and in the absence of such metering devices - as the sum of volumes (quantities) of thermal energy used for the purpose of providing a utility service for heating and (or) for the purpose of providing a utility service for hot water supply, determined by the readings of individual and general (apartment) heat energy metering devices with which residential and non-residential premises of consumers are equipped, volumes (quantities) of thermal energy consumption used for the purpose of providing communal heating services and (or) providing public hot water supply services, determined in the manner established by these Rules for consumers whose residential and non-residential premises are not equipped with such metering devices, and the volumes (quantities) of consumption of thermal energy used to provide public services for hot water supply for general house needs, determined on the basis of hot water consumption standards in for the purpose of maintaining common property in an apartment building and standards for the consumption of thermal energy used to heat water for hot water supply. The volume (quantity) of thermal energy consumed during the billing period for the heating needs of an apartment building or residential building is determined taking into account the provisions of paragraph 42(1) of these Rules.

(see text in the previous edition)

When determining the amount of a consumer's payment for a heating utility service (in the absence of a centralized heating supply), the volume of the utility resource used in production is distributed among all residential and non-residential premises in an apartment building in proportion to the size of the total area of ​​residential or non-residential premises in the apartment building owned (in use) by each consumer home in accordance with formula 18 of Appendix No. 2 to these Rules.

The amount of consumer payment for public services for hot water supply (in the absence of centralized hot water supply) is determined in accordance with formulas 20 and Appendix No. 2 to these Rules as the sum of 2 components:

(see text in the previous edition)

the product of the volume of hot water consumed by the consumer, prepared by the contractor, and the tariff for cold water;

the product of the volume (quantity) of a utility resource used to heat cold water for the purpose of providing a utility service for hot water supply, and the tariff (price) for a utility resource. In this case, the volume (quantity) of the communal resource is determined based on the specific consumption of the communal resource used for heating cold water for the purpose of providing public services for hot water supply, in a volume equal to the volume of hot water consumed during the billing period in residential or non-residential premises and for general house use. needs.

(see text in the previous edition)

The payment for utility services for heating and (or) hot water supply, made by the contractor using equipment that is part of the common property of the owners of premises in an apartment building, does not include the costs of maintaining and repairing such equipment. The costs of maintaining and repairing such equipment are subject to inclusion in the fee for the maintenance of residential premises.

(see text in the previous edition)

The amount of the consumer's payment for a heating utility service (in the absence of a centralized heating supply) in the presence in an apartment building of a heat energy metering device installed on equipment that is part of the common property in the apartment building, with the use of which the heating utility service was provided, as well as individual (apartment) metering devices in all residential and non-residential premises of an apartment building is determined for the billing period in proportion to the volume of thermal energy determined in accordance with formula 18(1) of Appendix No. 2 to these Rules, and if the payment method for heating utilities is chosen evenly throughout the calendar year, adjusted once a year in accordance with formula 18(3) of Appendix No. 2 to these Rules.

55. In the absence of a centralized hot water supply and used to meet the need for hot water supply heating equipment installed in a residential area, there is no charge for utility services for hot water supply.

In this case, the volume of cold water, as well as electricity, gas, thermal energy used to heat cold water, is paid by the consumer as part of the utility fee for cold water supply, electricity supply, gas supply and heat supply.

In the absence of an individual or general (apartment) metering device for cold water, electrical energy, gas and thermal energy used to heat cold water, the volume of consumption of such utility resources is determined based on the standards for the consumption of utility services established for consumers living in residential premises in the absence of centralized hot water supply.

56. If a residential premises that is not equipped with an individual and (or) common (apartment) metering device for hot water, and (or) cold water, and (or) electrical energy is used by temporarily residing consumers, then the amount of payment for the corresponding type of utility service, provided in such a residential premises, is calculated in accordance with these Rules based on the number of consumers permanently residing and temporarily residing in the residential premises. Moreover, for the purpose of calculating fees for the corresponding type of utility service, a consumer is considered to be temporarily residing in a residential premises if he actually resides in this residential premises for more than 5 days in a row.

56(1). If the residential premises are not equipped with an individual or common (apartment) metering device for cold water, hot water, electricity and gas, and the contractor has information about consumers temporarily residing in the residential premises who are not registered in this premises at their permanent (temporary) place of residence or place of residence, the executor has the right to draw up an act establishing the number of citizens temporarily residing in the residential premises. The specified act is signed by the executor and the consumer, and if the consumer refuses to sign the act - by the executor and at least 2 consumers and a member of the council of an apartment building in which a partnership or cooperative has not been created, the chairman of the partnership or cooperative, if the management of the apartment building is carried out by a partnership or cooperative and the management body of such a partnership or cooperative has concluded a management agreement with managing organization.

(see text in the previous edition)

This act indicates the date and time of its preparation, the surname, name and patronymic of the owner of the residential premises (permanently residing consumer), address, place of residence, information on the number of temporarily residing consumers, as well as, if it is possible to determine the start date of their residence and subject to When the act is signed by the owner of the residential premises (permanently residing consumer), the start date of their residence is indicated. If the owner of the residential premises (permanently residing consumer) refuses to sign the act or the owner of the residential premises (permanently residing consumer) is absent from the residential premises at the time the act is drawn up, a corresponding note is made in this act. The contractor is obliged to hand over 1 copy of the act to the owner of the residential premises (permanently residing consumer), and if there is a refusal to receive such an act, a note is made.

(see text in the previous edition)

The specified act is sent by the executor to the internal affairs bodies within 3 days from the date of its preparation.

(see text in the previous edition)

56(2). In the absence of citizens permanently or temporarily residing in the residential premises, the volume of utilities is calculated taking into account the number of owners of such premises.

57. The amount of payment for the corresponding type of utility service provided to temporarily residing consumers is calculated by the contractor in proportion to the number of days lived by such consumers and is paid by the permanently residing consumer. Calculation of the amount of payment for the corresponding type of utility service provided to temporary residents stops from the day following the day:

a) commissioning of an individual and (or) general (apartment) metering device for hot water, cold water and (or) electrical energy, designed to account for the consumption of such (such) utility resources in a residential building used by temporarily residing consumers;

B) the end of the period of residence of such consumers in the residential premises, which is indicated in the application of the owner or permanently residing consumer for the use of residential premises by temporarily residing consumers, but not earlier than the date of receipt of such an application by the contractor.

57(1). The date of commencement of residence of temporary residents in residential premises for use in calculating fees for utility services and, if necessary, recalculations for past periods is indicated in the application of the owner (permanently residing consumer) for the use of residential premises by temporarily residing consumers. In the absence of such an application or in the absence in such an application of the date of commencement of residence of temporarily residing persons in the residential premises, such date is considered to be the 1st day of the month of the date of drawing up the act establishing the number of citizens temporarily residing in the residential premises. The said act is drawn up in the manner specified in paragraph 56(1) of these Rules.

(see text in the previous edition)

The application of the owner or permanently residing consumer for the use of residential premises by temporarily residing consumers must indicate the surname, first name and patronymic of the owner or permanently residing consumer, address, place of residence, information on the number of temporarily residing consumers, the start and end dates of such consumers’ residence in living space. Such an application is sent to the contractor by the owner or permanently residing consumer within 3 working days from the date of arrival of temporary residents.

58. The number of consumers temporarily residing in a residential premises is determined on the basis of the application specified in subparagraph “b” of paragraph 57 of these Rules, and (or) on the basis of an act drawn up by the contractor in accordance with paragraph 56(1) of these Rules on establishing the number of citizens temporarily living in residential premises.

(see text in the previous edition)

59. Payment for a utility service provided to a consumer in a residential or non-residential premises for the billing period is determined based on the calculated average monthly consumption of a utility resource by the consumer, determined according to the readings of an individual or general (apartment) meter for a period of at least 6 months (for heating - based on the average monthly volume of consumption during the heating period in cases where, in accordance with paragraph 42(1) of these Rules, when determining the amount of payment for heating, the readings of an individual or general (apartment) meter are used), and if the period of operation of the meter was less than 6 months , - then for the actual period of operation of the meter, but not less than 3 months (for heating - not less than 3 months of the heating period in cases where, in accordance with paragraph 42(1) of these Rules, when determining the amount of payment for heating, the readings of individual or general (apartment) metering device), in the following cases and for the specified billing periods:

(see text in the previous edition)

A) in case of failure or loss of an individual, general (apartment), room metering device previously put into operation or the expiration of its service life, determined by the period of time before the next verification - starting from the date when the specified events occurred, and if the date is set is impossible - then starting from the billing period in which the specified events occurred until the date when the accounting of the utility resource was resumed by putting into operation an individual, general (apartment), room metering device that meets the established requirements, but no more than 3 billing periods in a row for residential premises and no more than 2 billing periods in a row for non-residential premises;

B) in case of failure by the consumer to provide readings of an individual, general (apartment), room meter for the billing period within the time limits established by these Rules, or an agreement containing provisions for the provision of utility services, or a decision of the general meeting of owners of premises in an apartment building - starting from a billing period for which the consumer did not provide meter readings before the billing period (inclusive), for which the consumer provided the meter readings to the contractor, but no more than 3 billing periods in a row;

(see text in the previous edition)

ConsultantPlus: note.

Norm pp. “e” of paragraph 85, mentioned in the paragraph below, corresponds to the norm of paragraphs. "e" of paragraph 85 as amended by Government Decree No. 1498 dated December 26, 2016.

C) in the case specified in subparagraph "d" of paragraph 85 of these Rules - from the date when the executor drew up an act of refusal of access to the metering device, distributors, until the date of the inspection in accordance with subparagraph "e" of paragraph 85 of these Rules Rules, but no more than 3 billing periods in a row.

(see text in the previous edition)

59(1). The payment for the utility service provided for common house needs for the billing period, taking into account the provisions of paragraph 44 of these Rules, as well as the payment for the heating utility service, are determined based on the calculated average monthly consumption of the utility resource, determined according to the readings of the collective (common house) meter for the period not less than 6 months (for heating - based on the average monthly volume of consumption during the heating period), and if the period of operation of the metering device was less than 6 months - then for the actual period of operation of the metering device, but not less than 3 months (for heating - at least 3 months heating period) - starting from the date when the collective (common house) metering device previously put into operation failed or was lost or its service life expired, and if the date cannot be determined - then starting from the billing period in which the specified events occurred, before the date when the accounting of the utility resource was resumed by putting into operation a collective (common house) metering device that meets the established requirements, but no more than 3 billing periods in a row.

(see text in the previous edition)

59(2). If the period of operation of an individual or general (apartment) room metering device (with the exception of an individual or general (apartment) heat energy metering device) was less than 3 months, in the cases specified in paragraph 59 of these Rules, payment for utility services provided to consumers in residential or non-residential premises for the billing period, is determined based on the consumption standards of the relevant utilities.

If the period of operation of an individual or general (apartment) heat energy meter was less than 3 months of the heating period, in the cases specified in paragraph 59 of these Rules, payment for utility heating services provided to consumers in residential or non-residential premises of an apartment building equipped with a collective ( common house) heat energy metering device, is determined in accordance with the provisions of paragraphs three to five of paragraph 42(1) of these Rules.

(see text in the previous edition)

60. Upon expiration of the maximum number of billing periods specified in paragraph 59 of these Rules, for which the payment for a utility service is determined according to the data provided for in the specified paragraph, the payment for a utility service provided to a residential premises is calculated in accordance with paragraph 42 of these Rules in cases , provided for in subparagraphs "a" and "c" of paragraph 59 of these Rules, based on standards for the consumption of utilities using an increasing factor, the value of which is taken equal to 1.5, and in cases provided for in subparagraph "b" of paragraph 59 of these Rules, based on utility consumption standards.

After the expiration of the maximum number of billing periods specified in paragraph 59 of these Rules, for which the payment for utility services is determined according to the data provided for in this paragraph, the payment for utility services provided to non-residential premises is calculated in accordance with paragraph 43 of these Rules.

When calculating fees for utility services in accordance with this paragraph, differentiation of tariffs by day zones and other criteria is not applied.

(see text in the previous edition)

60(1). After the expiration of the maximum number of billing periods specified in paragraph 59(1) of these Rules, for which the payment for utilities provided for general house needs and the payment for utility services for heating are determined according to the data provided for in the specified paragraph, if the owners of premises in an apartment building the house did not ensure, in the established manner, the restoration of the working capacity of a failed or replacement of a collective (common house) metering device that was previously lost and put into operation, as well as the replacement of such a metering device after the expiration of its service life, the payment for utilities for the billing period is calculated:

for utility services provided for general house needs, with the exception of utility services for heating, - in the manner specified in paragraph 48 of these Rules;

(see text in the previous edition)

If the consumer is denied access to the residential and (or) non-residential premises of the contractor 2 or more times to check the condition of installed and put into operation individual, common (apartment) metering devices, checking the accuracy of the information provided about the readings of such metering devices and subject to the execution of an act by the contractor on refusal of access to a metering device, the readings of such a metering device provided by the consumer are not taken into account when calculating the payment for utility services until the date of signing the inspection report. If the consumer does not provide access to the residential premises he occupies, home ownership to the contractor after the expiration of the maximum number of billing periods specified in subparagraph "c" of paragraph 59 of these Rules, for which the payment for utility services is determined according to the data provided for in the specified paragraph, the amount of payment for utility services is calculated taking into account the increasing coefficients in accordance with the formulas given in Appendix No. 2 to these Rules for calculating the amount of payment for utility services of cold water supply, hot water supply, electricity supply, providing for the use of increasing coefficients, starting from the billing period following the billing period specified in subparagraph "c "Clause 59 of these Rules, before the date of drawing up the inspection report.

(see text in the previous edition)

(see text in the previous edition)

(see text in the previous edition)

61. If, during the verification of the reliability of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the inspected metering device, distributors and the volume of utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for utility services for the billing period preceding the inspection, then the contractor is obliged to recalculate the amount of payment for utility services and send the consumer, within the time limits established for payment of utilities for the billing period in which the contractor carried out an inspection, a requirement to make an additional charge for the utilities provided to the consumer, or a notification of the amount of the utility fee overcharged to the consumer. Excess amounts paid by the consumer are subject to offset when paying for future billing periods.

(see text in the previous edition)

The amount of the fee must be recalculated based on the readings taken by the contractor during the inspection of the meter being checked.

In this case, unless the consumer proves otherwise, the volume (quantity) of the utility resource in the amount of the identified difference in readings is considered to be consumed by the consumer during the billing period in which the check was carried out by the contractor.

62. If a connection (hereinafter referred to as unauthorized connection) of the consumer’s intra-apartment equipment to the in-house engineering systems is detected in violation of the established procedure, the contractor is obliged to draw up an act on identifying the unauthorized connection in the manner established by these Rules.

Based on the act of identifying an unauthorized connection, the contractor sends a notice to the consumer about the need to eliminate the unauthorized connection and makes additional charges for utility services for the consumer in whose interests such a connection was made for utilities consumed without proper accounting.

In this case, additional charges should be made based on the volume of the utility resource, calculated as the product of the power of unauthorized connected equipment (for water supply and sewerage - according to bandwidth pipes) and its round-the-clock operation for the period starting from the date of the unauthorized connection, specified in the act of identifying the unauthorized connection, drawn up by the contractor with the involvement of the relevant resource supply organization, and if it is impossible to determine the date of the unauthorized connection - from the date of the previous inspection by the contractor, but not more than 3 months preceding the month in which such a connection was detected, before the date the contractor eliminates such an unauthorized connection. If it is impossible to determine the power of unauthorized connected equipment, additional charges are calculated based on the volume determined on the basis of the consumption standard for the corresponding utilities with the application of an increasing factor of 10 to such volume. Moreover, in the absence of citizens permanently or temporarily residing in the residential premises, the volume of utilities in in these cases is calculated taking into account the number of owners of such premises.

The verification of the fact of unauthorized connection of a consumer in a non-residential premises is carried out by the contractor in the manner prescribed by these Rules, if the resource-consuming equipment of such a consumer is connected to intra-house utility networks, and by an organization authorized to carry out these actions by the legislation of the Russian Federation on water supply, sanitation, electricity supply, heat supply, gas supply, if such connection is made to centralized networks of engineering and technical support before entering an apartment building and the consumption of a utility resource in such a non-residential premises is not recorded by a collective (common building) metering device.

The volume of utility resources consumed in non-residential premises in the event of an unauthorized connection is determined by the resource supplying organization using calculation methods provided for by the legislation of the Russian Federation on water supply and sanitation, electricity supply, heat supply, gas supply for cases of unauthorized connection.

(see text in the previous edition)

63. Consumers are required to pay utility bills on time.

Payments for utility services are paid by consumers to the contractor or a payment agent or bank payment agent acting on his behalf.

64. Consumers have the right, in the presence of an agreement containing provisions on the provision of utility services, concluded with the contractor represented by a management organization, partnership or cooperative, to pay for utility services directly to the resource supplying organization that sells the utility resource to the contractor, or through payment processors specified by such resource supplying organization agents or bank paying agents in the case when the decision to switch to this method of payment and the date of transition was made by the general meeting of owners of premises in an apartment building, members of a partnership or cooperative. In this case, the contractor is obliged to provide the resource supplying organization with information about the decision made no later than 5 working days from the date of adoption of this decision.

a) pay for utilities in cash, in non-cash form using accounts opened, including for these purposes, in banks chosen by him or by transfer Money without opening a bank account, by postal transfers, bank cards, via the Internet and in other forms provided for by the legislation of the Russian Federation, with the obligatory preservation of documents confirming payment for at least 3 years from the date of payment;

b) instruct other persons to pay for utility services instead of them by any means that do not contradict the requirements of the legislation of the Russian Federation and the agreement containing provisions on the provision of utility services;

c) pay for utility services for the last billing period in installments, without violating the deadline for payment of utility fees established by these Rules;

D) make advance payments for utilities against future billing periods.

66. Payment for utility services is paid monthly, before the 10th day of the month following the expired billing period for which payment is made, if the management agreement for an apartment building or the decision of the general meeting of members of the homeowners association or cooperative (when providing utility services by the partnership or cooperative ), no other deadline for payment of utility bills has been established.

(see text in the previous edition)

67. Payment for utility services is made on the basis of payment documents presented to consumers by the contractor no later than the 1st day of the month following the expired billing period for which payment is made, if the management agreement for an apartment building or the decision of the general meeting of members of the homeowners association or cooperative ( when providing utility services by a partnership or cooperative), no other deadline for the submission of payment documents is established.

b) name of the performer (indicating the name of the legal entity or last name, first name and patronymic individual entrepreneur), his bank account number and bank details, address (location), contact telephone numbers, fax numbers and (if available) addresses Email, address of the performer’s website on the Internet;

c) an indication of the paid month, the name of each type of paid utility service, the size of tariffs (prices) for each type of corresponding utility resource, units of measurement of volumes (quantities) of utility resources (when using hot water tariffs in payments for utility services for hot water supply, consisting of a component for cold water used to provide public services for hot water supply, and a component for thermal energy used to heat water for the purpose of providing public services for hot water supply - the value of each component, units of measurement of the volume (quantity) of hot water and thermal energy in natural quantities);

The payment document indicates information about the regional operator for the management of solid municipal waste, in the area of ​​​​operation of which solid municipal waste of the consumer is generated and the places (sites) of their accumulation are located (contact phone numbers, website address on the Internet, where information is posted, among other things on the work schedule of the regional operator for the management of municipal solid waste).

70. In the payment document issued to the consumer of utilities in an apartment building (cold water supply, hot water supply, sewerage, electricity), in the case established by the first paragraph of paragraph 40 of these Rules, the payment for utility services for general house needs and the payment for utility services provided to a consumer in residential or non-residential premises, must be indicated on separate lines.

(see text in the previous edition)

72. If the amount of payment for a utility service provided to the consumer in a residential premises, accrued to a consumer in accordance with the requirements of this section, in any billing period exceeds by more than 25 percent the amount of payment for a utility service accrued for the same billing period last year, then the contractor is obliged to provide the consumer with the opportunity to pay for such a utility service in installments under the conditions specified in this paragraph.

Providing this opportunity is carried out by including in the payment document provided by the contractor to the consumer, along with the position providing for the payment of a payment for a utility service for the billing period in a lump sum, positions providing for the possibility of the consumer paying a payment in installments in the amount of one twelfth of the amount of payment for a utility service for the expired ( expired) the billing period in which the specified excess occurred, and the amount of interest for using the installment plan, which must be paid by the consumer when paying for utility services using this payment document.

When calculating the amount of excess payment for utility services, the amount of excess that arose as a result of an increase in the number of permanently and temporarily living consumers in a residential area is not taken into account.

The installment plan is provided on the terms of paying utility bills in equal installments over 12 months, including the month from which the installment plan is provided, and charging interest for the provided installment plan, the amount of which cannot be higher than the refinancing rate increased by 3 percent Central Bank of the Russian Federation, valid on the day of provision of the installment plan. Interest for the provided installment plan is not accrued or is accrued in a smaller amount if at the expense of budget funds (budgets) of different levels budget system The Russian Federation provides the contractor with compensation (reimbursement) for funds not received in the form of interest for the provision of installment plans.

73. The consumer who has received from the contractor the payment document specified in paragraph 72 of these Rules has the right to pay the payment on the terms of the provided installment plan or refuse to pay the payment in installments and pay the payment in a lump sum or use the provided installment plan, but then pay the rest of the payment ahead of schedule at any time within the established installment period, in this case the contractor’s consent to early payment of the balance of the payment is not required.

74. The contractor who has provided an installment plan to a consumer who has taken advantage of such an installment plan has the right to notify the resource supply organization with which the contractor has entered into an agreement on the purchase of the corresponding type of communal resource in order to provide utility services in writing, accompanied by supporting documents. Such a resource supplying organization is obliged to provide the contractor with a similar installment plan on the same conditions that the contractor provided to the consumer. Interest for the provided installment plan is not accrued or accrued in a smaller amount if, at the expense of the budget (budgets) of various levels of the budget system of the Russian Federation, the resource supplying organization is provided with appropriate compensation (reimbursement) for the funds not received in the form of interest for the provision of the installment plan. part 2 of article 8 Federal Law dated December 29, 2004 N 189-FZ “On the entry into force of the Housing Code of the Russian Federation”).

76. If the consumer is provided with a benefit in the form of a discount on utility bills in accordance with the established procedure, the amount of payment for utility services is reduced by the amount of the discount. This discount applies to payments for utility services provided to the consumer in residential premises and for general house needs in an apartment building and in residential premises in a household.

(see text in the previous edition)

77. In the event that a consumer who, in accordance with the legislation of the Russian Federation, is provided with compensation for the costs of paying for utilities or a subsidy for paying for living quarters and utilities, or in respect of whom other measures are applied social support in cash, the amount of payment for utility services is not subject to reduction and is paid in full. The specified social support measures apply to payments for utility services provided to the consumer in residential premises and for general house needs in an apartment building and in residential premises in a household.

Open the full text of the document

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).
• The MKD has an automated information system installed measuring system.
• 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 according to the standard, and then recalculate 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 the general meeting of owners was not held. 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 ​​the seats common use, and then multiplied by the share of the specific 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.

Decree of the Government of the Russian Federation of August 13, 2006 N 491 (as amended on December 15, 2018) “On approval of the Rules for the maintenance of common property in an apartment building and the rules for changing the amount of payment for the maintenance of residential premises in the case of the provision of services and performance...

III. Carrying by the owners of the premises general expenses for the maintenance of common property

III. BEARING GENERAL COSTS BY THE OWNERS OF THE PREMISES

FOR MAINTENANCE OF COMMON PROPERTY

28. Owners of premises are obliged to bear the burden of expenses for the maintenance of common property in proportion to their shares in the right of common ownership of this property by paying:

A) fees for the maintenance of residential premises in an apartment building - in the case of management of an apartment building by a management organization or directly by the owners of the premises;

(see text in the previous edition)

b) obligatory payments and contributions of premises owners who are members of a homeowners’ association, housing, housing-construction cooperative or other specialized consumer cooperative. At the same time, owners of premises who are not members of these organizations pay a fee for the maintenance of residential premises in accordance with Part 6 of Article 155 of the Housing Code of the Russian Federation.

(see text in the previous edition)

29. Expenses for the maintenance of residential premises are determined in the amount that ensures the maintenance of common property in accordance with the requirements of the legislation of the Russian Federation, including payment of expenses for the maintenance of intra-house engineering systems electricity, heat, gas and water supply, drainage, costs of paying for cold water, hot water, electrical energy consumed in fulfilling the minimum list of services and works necessary to ensure proper maintenance of common property in an apartment building in order to maintain common property in an apartment building , wastewater disposal for the purpose of maintaining common property in an apartment building (except for cases where the cost of such communal resources in an apartment building is included in the payment for utilities consumed in the maintenance of common property in an apartment building, in accordance with paragraph 40 of the Rules for the provision of utilities services), reasonable expenses for collecting debts for payment for residential premises and utilities, for taking meter readings, maintaining information systems that ensure the collection, processing and storage of data on payments for residential premises and utilities, issuing payment documents for payment for residential premises and utilities.

(see text in the previous edition)

From January 1, 2017, these expenses also include the costs of paying for cold water, hot water, wastewater disposal, electrical energy consumed in fulfilling the minimum list of services necessary to ensure proper maintenance of common property in an apartment building (except for cases where the cost such utility resources in an apartment building are included in the payment for utilities consumed during the maintenance of common property in an apartment building, in accordance with paragraph 40 of the Rules for the provision of utility services).

When initially including the specified costs for payment of utility resources to ensure proper maintenance of common property in an apartment building, their amount cannot exceed the standard for the consumption of utility services for general house needs, established by the constituent entity of the Russian Federation as of November 1, 2016.

For subsequent inclusions, the amount of the specified costs for payment of utility resources consumed in the maintenance of common property in an apartment building is determined based on the standards for the consumption of relevant types of utility resources for the purpose of maintaining common property in an apartment building, approved by state authorities of the constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation, at tariffs established by state authorities of the constituent entities of the Russian Federation in the manner prescribed by federal law. If the list of works for the maintenance of common property exceeds the minimum list, the general meeting of owners of premises in an apartment building has the right to decide to include in the payment for the maintenance of residential premises the costs of purchasing the amount of utility resources consumed in maintaining the common property in an apartment building, taking into account the excess standards for the consumption of relevant types of communal resources for the purpose of maintaining common property in an apartment building.

The amount of payment for the maintenance of residential premises in terms of payment for utility resources consumed in the maintenance of common property in an apartment building is reflected in the payment document as a separate line for each type of resource.

a) owners of premises - at the expense of own funds;

b) owners of residential premises - citizens entitled to subsidies for the payment of residential premises and utilities - at their own expense using the subsidies provided to them;

c) owners of residential premises - individuals who have received (receiving), in accordance with federal laws, laws of constituent entities of the Russian Federation and regulatory legal acts of local governments, compensation for expenses (part of expenses) for paying for residential premises and utilities or for cash payments provided in as measures of social support for citizens to pay for living quarters and utilities provided from the relevant budgets - at their own expense using compensation for expenses for paying for living quarters and utilities or corresponding cash payments;

d) owners of residential premises - citizens who have received (receiving) benefits for paying for residential premises and utilities, before changes are made to federal laws and other regulatory legal acts in terms of replacing the procedure for providing citizens with benefits for paying for residential premises and utilities with the procedure for providing in in accordance with Article 160 of the Housing Code of the Russian Federation, compensation - at the expense of own funds, taking into account discounts established by federal laws and other regulatory legal acts adopted before the entry into force of the Housing Code of the Russian Federation, and subventions provided from the relevant budgets for the implementation of targeted expenses related to with the provision of the specified discounts.

31. When determining the amount of payment for the maintenance of residential premises in an apartment building in which a homeowners’ association or housing cooperative or other specialized consumer cooperative has not been created, the decision of the general meeting of owners of premises in such a building is adopted for a period of at least one year, taking into account the proposals of the manager organizations. The management organization is obliged to submit to the owners of premises in such a building a proposal on the amount of payment for the maintenance of residential premises in an apartment building no later than 30 days before the date of the general meeting of owners of premises in this building in order to make a decision on the issue of determining the amount of payment for the maintenance of residential premises in an apartment building by posting such an offer on notice boards located in all entrances of the apartment building or within the land plot on which the apartment building is located. The management organization’s proposal on the amount of payment for the maintenance of residential premises in an apartment building must contain a calculation (estimate) and justification for the amount of payment for the maintenance of residential premises, and if the amount of such payment exceeds the amount of payment for the maintenance of residential premises for owners of residential premises who did not make a decision on the choice of method of managing an apartment building established by the local government body (in the constituent entities of the Russian Federation - the cities of Moscow, St. Petersburg and Sevastopol - by the government body of the corresponding constituent entity of the Russian Federation, unless the law of the corresponding constituent entity of the Russian Federation establishes that these powers carried out by local government bodies of intracity municipalities), - including justification for such an excess, providing details of the amount of the fee indicating the calculation annual cost each type of work and services for the maintenance and repair of common property in an apartment building, indicating the frequency of their implementation. The specified fee amount is set the same for all owners of premises.

(see text in the previous edition)

32. In the direct management of an apartment building by the owners of the premises, the amount of payment for the maintenance of residential premises corresponds to the amount of payment for services and work in accordance with agreements concluded by the owners of the premises with persons providing services and (or) performing work on the basis of the decision (decisions) of the general meeting of owners premises.

(see text in the previous edition)

At the same time, the specified fee does not include the costs of paying for utility resources consumed in the maintenance of common property in an apartment building.

33. The amount of mandatory payments and (or) contributions related to the payment of expenses for the maintenance of common property for owners of premises who are members of a homeowners’ association, housing, housing construction or other specialized consumer cooperative, as well as the amount of payment for the maintenance of residential premises for owners of premises who are not members of these organizations are determined by the management bodies of the homeowners' association or the management bodies of a housing, housing construction or other specialized consumer cooperative on the basis of estimates of income and expenses for the maintenance of common property for the corresponding year approved by the management bodies.

(see text in the previous edition)

The indicated amount of payments and (or) contributions from January 1, 2017 also includes the costs of a homeowners’ association, housing, housing construction or other specialized consumer cooperative for payment of utility resources consumed in maintaining common property in an apartment building in accordance with paragraph 29 of these Rules.

34. If the owners of the premises have not decided on the method of managing the apartment building, the amount of payment for the maintenance of residential premises paid by the owners of the premises is established by the local government body (in the constituent entities of the Russian Federation - the federal cities of Moscow, St. Petersburg and Sevastopol - by the state body authorities of the corresponding subject of the Russian Federation, unless the law of the corresponding subject of the Russian Federation establishes that these powers are exercised by local government bodies of intracity municipalities) based on the results open competition carried out in accordance with the established procedure, equal to the price of the management agreement for an apartment building. The price of the management agreement for an apartment building is set equal to the amount of payment for the maintenance of residential premises specified in the tender documentation.

(see text in the previous edition)

35. The amounts of fees for the maintenance of residential premises specified in paragraphs 31 of these Rules and the amounts of mandatory payments and (or) contributions associated with the payment of expenses for the maintenance of common property must be proportionate to the approved list, volumes and quality of services and work.

(see text in the previous edition)

36. If the owners of premises at a general meeting chose the method of direct management of an apartment building, but did not decide on establishing the amount of payment for the maintenance and repair of residential premises, local government bodies (in the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg - public authorities of the relevant subject of the Russian Federation) in accordance with Part 4 of Article 158 of the Housing Code of the Russian Federation establish the amount of payment for the maintenance and repair of residential premises paid by the owners of premises, based on the cost of services and work included in the lists of services approved by the decision of the general meeting of premises owners and work performed by persons carrying out relevant types of activities.

37. When the general meeting of premises owners makes a decision to pay the costs of carrying out overhaul apartment building in accordance with Article 158 of the Housing Code of the Russian Federation, the amount of payment for major repairs is determined taking into account the proposals of the management organization on the start date of major repairs, the required amount of work, the cost of materials, the procedure for financing repairs, the timing of reimbursement of expenses and other proposals related to the conditions carrying out major repairs.

38. When managing an apartment building by a management organization, the owners of premises that are in state or municipal ownership, in accordance with Part 4 of Article 155 of the Housing Code of the Russian Federation, bear the costs of maintaining common property, taking into account the payment of fees for the maintenance of residential premises by state or municipal tenants of residential premises housing stock. If the amount of the fee paid by the tenants of such residential premises is less than the amount of the fee established in the management agreement, the remaining part of the fee is paid by the landlord of the specified residential premises in a manner agreed upon with the management organization.

(see text in the previous edition)

38(1). If the owners of premises in an apartment building, before January 1, 2013, did not ensure that such a house is equipped with a collective (common house) metering device for the used utility resource and, at the same time, in accordance with Part 12 of Article 13 of the Federal Law "On Energy Saving and Increase energy efficiency and on making changes to certain legislative acts Russian Federation" a collective (common house) metering device was installed, the owners of the premises are obliged to pay the costs of installing such a metering device on the basis of invoices and in the amount specified in paragraph two of this paragraph, except for cases where such costs were taken into account as part of the maintenance fee residential premises and (or) as part of the mandatory payments and (or) contributions established for members of a homeowners association or a housing cooperative or other specialized consumer cooperative related to the payment of expenses for the maintenance, current and major repairs of common property.

(see text in the previous edition)

Invoices for payment of expenses for the installation of a collective (general house) metering device, indicating the total amount of expenses for the installation of such a metering device and the share of expenses for the installation of such a metering device, the burden of which is borne by the owner of the premises, are issued to the owners of the premises by the organization that carried out the payment in accordance with

"Housing and communal services: accounting and taxation", 2012, N 5

April 3, 2012 in " Rossiyskaya newspaper"Resolution of the Government of the Russian Federation dated March 28, 2012 N 253 was published, adopted in pursuance of clause 6.2 of Article 155 of the Housing Code of the Russian Federation. This document approved the Requirements for making payments for resources necessary for the provision of utility services (hereinafter referred to as the Requirements), which must be followed by the Criminal Code , HOAs, residential complexes and other specialized consumer cooperatives (hereinafter referred to as the contractors), who receive payment for utility resources and have entered into contracts for cold and hot water supply, sewerage, electricity and gas supply (including the supply of domestic gas in cylinders), heating (heat supply, etc.) including supplies solid fuel in the presence of stove heating).

About the entry into force of the Requirements

In accordance with paragraphs. "a" clause 2 of Government Decree N 253 of the Russian Federation The requirements begin to apply from the date of entry into force of the new Rules for the provision of utility services<1>. Now, after the adoption of Decree of the Government of the Russian Federation of March 28, 2012 N 258 “On Amendments to the Rules for Establishing and Determining Standards for the Consumption of Utilities” (will come into force on 01.07.2012), it became known that the new Rules for the provision of utility services will come into force on 01.09 .2012. Accordingly, the commented document will be valid from this date.

<1>Approved by Decree of the Government of the Russian Federation dated May 6, 2011 N 354.

The requirements must apply not only to resource supply agreements concluded after 09/01/2012, but also to previously concluded agreements regarding rights and obligations that arise after 09/01/2012. Before the same date, contractors are required to reconcile payments for resources necessary for the provision of public services supplied in accordance with such resource supply agreements (clause 3 of RF Government Decree No. 253).

Scope of application

Let us repeat that the Requirements are applied by contractors who receive payment for utility services and apply to payments for resources necessary to provide utility services. It is logical that in a situation where the contractor does not receive payment for utilities, he may not comply with the Requirements. This conclusion confirms clause 2 of the document under consideration, according to which the Requirements do not apply when making payments for those types of utilities that are supplied to the premises and in respect of which, in accordance with the Housing Code of the Russian Federation, the general meeting of owners of premises in the apartment building decided to pay for utilities directly from RSO. It turns out that the Requirements only regulate the movement from the contractor to the RSO of funds actually received from consumers of utility services.

According to clause 40 of the new Rules for the provision of utility services, the consumer in an apartment building, as part of the payment for utilities, separately pays for utilities provided in residential or non-residential premises, and for utilities consumed in the process of using the common property in the apartment building (hereinafter - utilities services provided for general house needs). Clause 3 of the Requirements states that payments for resources supplied for the provision of utilities for general house needs in apartment buildings are carried out in accordance with this document, unless otherwise specified in the resource supply agreement. Thus, payments for resources necessary to provide utility services to the consumer directly in the premises (residential, non-residential) are always carried out in accordance with the Requirements, and payments for resources consumed for general house needs - unless otherwise established by the resource supply agreement.

Performer payment

The requirements introduce concepts such as “consumer payments” and “executor payment”. Consumer payments refers to the funds received by the contractor from consumers and subject to transfer to the RSO (clause 4). Under payment by the performer means funds due to be transferred in favor of the RSO supplying a specific type of resource, in the total amount of consumer payments. The procedure for calculating the contractor's payment is specified in clause 5 of the Requirements. The document identifies two situations in which the amount of the contractor's payment is determined differently.

The first situation is that consumer payments are transferred to the contractor for billing periods following the date of entry into force of the Requirements, that is, for billing periods starting from September 2012 (clause “a”, clause 5). So, if the consumer has paid the entire amount presented in the payment document, the contractor’s payment is determined in the amount of the fee for a specific utility service specified in the payment document and accrued to the consumer for a given billing period in accordance with the new Rules for the provision of utility services. The payment amounts for utilities consumed on the premises and provided for general house needs are given separately in the payment document, which allows the contractor’s payment to be correctly calculated if, according to the resource supply agreement, payments for resources supplied for common house needs are not made in accordance with the Requirements. If the consumer has not paid the bill in full, the contractor’s payment is determined in an amount proportional to the amount of payment for a specific utility service in the total amount of payments indicated in the payment document for work and services performed and provided for a given billing period. This means that the received funds are distributed in proportion to the accrued amounts without prejudice to the management company and the homeowners association, which receive payment for the maintenance and repair of common property.

In the second situation, consumer payments are transferred to account for debts for utilities incurred before 09/01/2012, and also in the absence of an indication of the billing period in the payment documents. Thus, without indicating the billing period (as well as without calculating the fee for each type of service and the amount payable), a payment document can be issued to the consumer to pay for services in amounts that do not correspond to those indicated in the payment document for the billing period, including for making advance payments and partial payment without violating the established deadline for payment of utility bills (clause 5 Methodological recommendations by filling out an approximate form of a payment document to pay for the maintenance and repair of residential premises and the provision of utilities, approved by Order of the Ministry of Regional Development of Russia dated September 19, 2011 N 454). The contractor’s payment in this situation is determined in an amount proportional to the size of the contractor’s obligations to the resource supplying organization to pay for the corresponding type of resource in the total amount of the contractor’s obligations to pay for all resources, determined as of the 1st day of the previous billing period. The total volume of these obligations of the contractor is determined on the basis of acts of reconciliation of its payments for resources with resource supplying organizations in accordance with the resource supply agreement and (or) on the basis of court decisions that have entered into force (clause “b”, paragraph 5 of the Requirements). We believe this point requires clarification. The requirements come into force on September 1, 2012. It is before this date that the performers must reconcile settlements with all RSOs. All consumer payments received starting from this day will become the basis for calculating the contractor’s payment. That is, upon receipt of funds from consumers on 09/01/2012 at the cash desk or on a current account (obviously, this can only be payment of debt accrued before 09/01/2012, or an advance payment, including without indicating the billing period), the contractor will have to make a calculation based on paragraphs. "b" clause 5 of the Requirements. At the specified rate we're talking about on the total volume of the contractor’s obligations to pay for utilities, determined as of the 1st day of the previous billing period. We believe that this billing period should precede nothing other than the moment the consumer's payment is received. In other words, if the payment was received in September 2012, the volume of the contractor’s obligations to the RSO must be determined as of 01.08.2012 (Resolution of the Government of the Russian Federation N 253 requires reconciliation of calculations by 01.09.2012, but does not indicate the date as of which the debt must be determined; accordingly, the executors need to reconcile the calculations as of 08/01/2012). By the way, it is appropriate to recall clause 25 of the Rules for concluding agreements with RSO<2>, according to which the procedure and timing for drawing up the calculation reconciliation act by the RSO and the contractor are established in the resource supply agreement (but at least once a quarter). In this case, the RSO is obliged to provide the contractor with information about his debt to pay for the utility resource on the 1st day of the month following the billing period, in the manner, terms and form also established by the resource supply agreement. Based on the wording of paragraphs. "b" clause 5 The requirements for such information are not enough. The contractor must have at his disposal a reconciliation report, and it must be available no later than the 1st day of the month following the billing month, because it is from this date that the relevant data is needed to calculate the contractor’s payment (in other words, the reconciliation report as of 01.09 .2012 will be needed by the contractor starting from 10/01/2012). Thus, the Requirements tighten the procedure for reconciling settlements with RSO in comparison with the Rules for concluding agreements with RSO.

<2>Approved by Decree of the Government of the Russian Federation dated February 14, 2012 N 124.

In paragraphs "b" clause 5 of the Requirements also talks about determining the scope of the contractor's obligations to the RSO on the basis of court decisions that have entered into force. It seems that this option is possible if there is a dispute between the parties about the amount of obligations. But again, the debt must be determined as of the beginning of the previous month, and the unappealed decision of the arbitration court comes into force exactly after the month (clause 1 of Article 180 of the Arbitration Procedure Code of the Russian Federation). Therefore, the court decision can be used as the basis for a reconciliation report drawn up by the parties, but it itself, perhaps, will not be a guideline for calculating the amount of the executor’s payment.

Let's return to the technical side of the calculation. The executor's payment is determined in proportion to the debt to each RSO. And at the beginning of paragraphs. "b" clause 5 of the Requirements refers to consumer payments transferred to the account debts for utilities. Meanwhile, the consumer’s total payment contains not only payment for utilities, but also payment for the maintenance and repair of common property, and the second component is sometimes quite significant. However, the authors of the Requirements seem to have forgotten about it; as a result, payment for a debt that arose before 09/01/2012, or a payment without specifying the billing period, will completely go towards paying for utility resources to the RSO. This also applies to those funds that, in theory, should remain at the disposal of the executor to pay for the maintenance and repair of common property. It turns out that the fair principle of distribution of consumer payments, which is observed in paragraphs. "a" clause 5 of the Requirements, in clauses. "b" is broken. However, in the absence of an indication of the billing period, it is technically impossible to divide the consumer’s payment into that due to the RSO transfer and that remaining at the disposal of the contractor, without knowing the paid billing period. But when paying the debt for previous periods this is quite real. However, the Requirements do not allow this.

Transfer of funds to RSO

According to clause 4 of the Requirements, consumer payments are transferred to the RSO in ways that are defined in the resource supply agreement and do not contradict the legislation of the Russian Federation. At the same time, clause 6 of the Requirements instructs the contractor to transfer funds to the RSO no later than the business day following the day of receipt of consumer payments to the contractor. The requirements come into force on September 1, 2012. This means that the first payment by the contractor must be calculated and transferred on the second working day of September - 09/04/2012. By the way, the regulatory document contains the concept " admission payments from consumers to the contractor." We believe that receipt should be considered the direct crediting of funds to the contractor's current account (no issues arise with the acceptance of cash at the contractor's cash desk). This day comes, naturally, later than the day the bank actually accepts cash from consumers , payment agents<3>and the day the bank accepts for execution a payment order to transfer funds to the account of the contractor from a consumer who has a current account (bank payments take on average three to five days).

<3>According to Art. 37 of the Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the Protection of Consumer Rights”, the obligations of the consumer (citizen) to the contractor are considered fulfilled from the moment cash is deposited into credit institution, or a payment agent engaged in accepting payments individuals, or to a bank payment agent (subagent) who operates in accordance with the legislation on banks and banking activities.

Clause 7 of the Requirements is devoted to determining the amount of the daily payment due by transfer in favor of each RSO: to calculate it, you need to sum up the payments of the contractor, calculated in accordance with clause 5 of the Requirements from consumer payments received during that day. Thus, the contractor is obliged to calculate his payment to RSO on a daily basis based on information about payments received during the day from each consumer.

Obviously, on some days the amount of the contractor’s payment may be so insignificant that it makes no sense to transfer it. That is why clause 7 of the Requirements introduces the concept of a minimum daily total payment (5,000 rubles) and the frequency of transferring funds (once every five working days). In other words, if the daily payment is less than 5,000 rubles, it does not need to be transferred on the next business day. In this case, the transfer should take place:

• no later than a business day when the total amount of payment for days on which no transfer was made to RSO exceeds 5,000 rubles;
• at least once every five working days (apparently, even if the amount of the total payment does not “reach” 5,000 rubles).

It is important that the parties to the resource supply agreement are given the right to provide for a different amount of the minimum payment and frequency of transfer of funds.

In addition, clause 7 of the Requirements stipulates the maximum delay that the contractor can allow. It is 10 working days (another period may be established by the resource supply agreement). If during this period the RSO has not received payments from the contractor, it has the right to contact him with a request to provide her with information regarding the reasons for the delay in payments. The Contractor is obliged to respond to the request within three working days from the date of its receipt. One of the valid reasons for delayed payments may be, for example, a restriction on the disposal of an account (see Article 858 of the Civil Code of the Russian Federation), namely the suspension of transactions on the taxpayer’s bank accounts applied by the tax authority, or the seizure of funds by a bailiff debtor located in the bank. The fact is that the legislation does not contain requirements for the collection of consumer payments in a separate current account, which would be protected from such restrictions.

Information exchange

Clause 8 of the Requirements establishes the obligation of the contractor and consumers to exchange information about the contractor’s payment and consumer payments for the expired billing period. 10 working days are allotted for this after the end of the billing period, and the parties do not have the right to change the period for exchanging information. The resource supply agreement only provides for the procedure for exchanging information. Considering that the Requirements will come into force on September 1, 2012 and will apply to consumer payments received from this date, we believe that the first exchange of information should take place for September 2012, that is, no later than October 15, 2012.

Clause 8 of the Requirements states: information on consumer payments is provided indicating the payer, the amount of funds received and the period for which the payment was made (if the specified period can be determined from the payment document). Let us recall that consumer payments are funds received by the contractor from consumers to pay for utility services, subject to transfer in favor of RSO(clause 4 of the Requirements). The payment of the performer, calculated in a specific way, is subject to transfer in favor of each RSO. The requirements do not specify what amount of funds received from the consumer we are talking about (the entire amount of receipt or only its part, equal to the cost of the utility service, for the provision of which a utility resource is purchased from a specific RSO). According to the author, one RSO should not be interested in what amount is to be transferred to another RSO, therefore, water supply and sewerage organizations should only report on consumer payments for cold water supply and sanitation services. In addition, if the resource supply agreement stipulates that the Requirements do not apply to the procedure for paying for utility resources necessary for the provision of utility services for general house needs, this means that information on payments for cold water supply and sewerage in relation to the common house needs of the water supply and sewerage organization is not needed. It seems that these issues should be specified in the resource supply agreement, as well as information about the amount of funds received from the consumer in the case where the billing period is unknown.

The requirements require the contractor to report to the RSO data not only on the amount of funds received, but also on the payer himself. It is logical to assume that providing RSO with information about consumer payments is intended to show that the contractor made timely payments to RSO, correctly calculated the daily payment, and explain the possible debt of the contractor to RSO by the fact that consumers do not pay for utilities. Since the RSO keeps records of supplied utility resources for each apartment building, it is interested in obtaining information not so much about the payer as about the premises in which utilities were consumed and the building in which this premises is located. Moreover, by payer we mean the person who made the payment. This person is not always the consumer himself (the owner, user of the premises in the apartment building), so it is logical to assume that the RSO needs information specifically about the consumer (the person who is obliged to pay for utilities). Meanwhile, full name the consumer and his address of residence are already personal data, the processing (including transfer) of which is regulated by Federal Law No. 152-FZ of July 27, 2006. All points relating to the composition of information about the payer and the processing of personal data must be disclosed in the resource supply agreement.

In general, the meaning of exchanging such information is a big question, why - we will explain below.

The role of Requirements in the legal relationship between the performer and the RSO

So, we have examined the new regulatory document in some detail and can now understand its place in legal regulation resource supply relations. By the way, the Requirements are radically different from the original draft, which established that the bank should “split” consumer payments, and implied the introduction of agents like ERCC into the settlement scheme. Despite the fact that these points were excluded from the final version, the general mood of the Requirements remained the same: the authors of the document imply that the performers - unscrupulous players in the market - retain the consumer funds received by them, do not transfer them to the RSO, but use them for their own purposes. The main meaning of the Requirements is that funds paid by consumers of utility services to the contractor must be immediately transferred to the accounts of the RSO. At the same time, the Requirements do not in any way change the scope of the contractor’s obligation to the RSO, the deadline for fulfilling such an obligation, the penalties for its improper fulfillment and, most importantly, do not affect the situation when consumers violate payment discipline.

So, according to paragraphs. "e" clause 17 of the Rules for concluding contracts with RSO, an essential condition of such an agreement is the procedure for payment for a utility resource. Clause 25 of the same document specifies that determining the payment procedure implies making payment by transfer by the contractor before the 15th day of the month following the expired billing period (billing month), if the resource supply agreement does not provide for more late date payment for a utility resource, payment for a utility resource to the RNO by any means permitted by the legislation of the Russian Federation. This provision applies in the absence of a decision of the general meeting of premises owners (members of the HOA) to pay utility bills directly to the RSO.

At the same time, the presence of a debt to the RSO for the supplied utility resource in an amount exceeding the cost of the corresponding utility resource for three billing periods (billing months), recognized by him under the act of reconciliation of calculations or confirmed by a court decision, is the basis for the unilateral refusal of the RSO to fulfill the resource supply agreement, if such a right of the RSO is provided for in the agreement. This is stated in paragraphs. "a" clause 30 of the Rules for concluding agreements with RSO. It also says that in the event of such a refusal, it is necessary to ensure the rights of bona fide consumers, including by providing them with utility services directly from the RSO, as well as by notifying consumers that the contractor has such a debt (in particular, in order to push them to change the way they manage the house) . By the way, there is no mention of consumer debtors here. It turns out that RSO should not provide them with utilities?

The contractor may also have the right to refuse to fulfill a resource supply agreement (clause "b" of clause 30 of the Rules for concluding contracts with RSO), namely in the event of termination of the obligation to provide the corresponding utility service (for example, when changing the management company or the method of managing the apartment building). However, the condition on the refusal of the management company and the homeowners association to fulfill the resource supply agreement must provide for the payment of the utility supply supplied before the termination of the resource supply agreement in full and the fulfillment of other obligations that arose before the termination of the agreement, including obligations that arose as a result of the adoption of liability measures for violation of the agreement.

All these provisions, which are or may be included in the resource supply agreement, are given as an illustration of the fact that the obligations of the contractor to the RSO do not depend in any way on the fulfillment of the obligations of consumers to him. In other words, even if consumers do not pay the contractor payment for residential premises and utilities (and, accordingly, there is simply nothing to apply the Requirements to), the contractor will still be obliged to pay RSO for the supplied utilities within the period stipulated by the contract, and in the event delays - pay penalties. Likewise, the lack of consumer payments is not an obstacle to the forced collection of debt from the contractor. Consequently, it is highly doubtful that RSO needs the information on consumer payments discussed in clause 8 of the Requirements. In addition, even more doubtful is the compliance with the law of the very principle of the Requirements regarding the inability of the performer to independently manage the funds belonging to him in bank accounts. Of course, the provision of Art. 854 of the Civil Code of the Russian Federation, which states that funds are debited from the account by the bank according to the client’s order, is fulfilled, because the transfer of funds to RSO is made on the basis of a payment order from the executor. However, the need to issue such orders on certain days and in specific amounts is precisely what the Requirements establish. The situation is similar with the receipt of budget funds, which have a strictly designated purpose, the direction of use of which is determined by the source of financing, and the misuse of which is punishable by the collection of allocated funds.<4>. It turns out that payments for utility services are given a similar targeted nature.

<4>See, for example, paragraphs 9 and 11 of Art. 20 of the Federal Law of July 21, 2007 N 185-FZ "On the Fund for Assistance to the Reform of Housing and Communal Services", according to which funds for financing capital repairs placed in separate settlement accounts of management companies and homeowners' associations can be spent exclusively on paying the advance and making final settlements with contracting organization.

For your information. Historically, RSOs have been accustomed to advantages in receiving payments. Thus, until July 28, 2007, the Resolution was in force Supreme Council RF dated 01.04.1993 N 4725-1 “On measures to improve the procedure for payments for products and services of municipal energy and water supply and sewerage enterprises”, according to which settlements with consumers, except for housing and communal services, budgetary organizations and the population, for supplied electrical and thermal energy, water supply and sanitation services are provided based on indicators measuring instruments and current tariffs without the acceptance of payers (lost in force due to the adoption of Federal Law No. 130-FZ of July 13, 2007).

Taking into account the meaning of the Requirements, we can come to the conclusion that the legislator, on the one hand, places responsibility on the contractor for the provision of public services, and on the other hand, deprives him of the right to dispose of receipts for the services provided, effectively leaving the contractor the role of an intermediary in payments. By the way, exactly this goal (to remove the contractor from paying for utilities) can be achieved in the case when at a general meeting of premises owners (members of the HOA) a decision is made to pay utility bills directly to the RSO. However, even in this situation, no one relieves the contractor of his obligations to the RSO in terms of full and timely payment of the utility resource.

In conclusion, one cannot fail to note one important point: currently regulations do not provide for any negative consequences for management companies and homeowners associations for failure to comply with the Requirements. We think readers will draw their own conclusions.

* * *

The Government of the Russian Federation has approved the Requirements that are mandatory for providers of utility services (MCs, HOAs, LCDs) when making payments to RSO for utility resources necessary for the provision of utility services. Although the Requirements are mandatory, the law does not yet establish sanctions for non-application. The meaning of the Requirements is that consumer payments received by the contractor, in terms of payment for utility services, must be immediately transferred to the RSO. Executors who intend to fulfill the Requirements in good faith will be forced to organize the work of calculating daily payments, which is associated with an increase in the costs of managing apartment buildings and will provoke an increase in the amount of the corresponding fee.

S.N. Kozyreva

Journal expert

"Department of Housing and Utilities:

accounting and taxation"

Work required to maintain performance characteristics of common property MKD are carried out on the house constantly and at established intervals, which means constant consumption of utility resources.

Until 01/01/2017, premises owners could pay the cost of utilities for general house consumption (hereinafter referred to as GDN), based on the readings of a common house meter. To do this, it was necessary to make a decision on.

We hope you find the information on our website useful and interesting. However, we know that in the legal field each case is individual, and the information in the articles is not of a more general nature. To find out how you decide exactly yours problem you may get free consultation with a highly qualified lawyer, which will help you understand the specifics of your situation.

To do this, you can use the question form at the bottom of the page or use the chat with a lawyer in the lower right corner of the screen.

In addition, you can call one of our free consultation numbers:

• +7 499 577-00-25 ext. 406 - Moscow
• +7 812 425-66-30 ext. 406 - Saint Petersburg
• 8 800 350-23-69 ext. 406 - Regions

We will be glad if our website and our specialists help you.

From 01/01/2017, ODN became part of the housing service and became known as “utility resources consumed during the use and maintenance of common property in an apartment building.” These changes were introduced by Decree of the Government of the Russian Federation dated December 26, 2016 No. 1498 “On issues of providing utilities and maintaining common property in an apartment building.”

The new rules were introduced in stages. Initially, the transition date was scheduled for April 1, 2016. Then the start was pushed back to July 1, and even later to January 1, 2017. This gap was necessary so that management organizations and owners could prepare for changes in the payment procedure.

Currently, the determination of the volumes of CRSOI consumed in apartment buildings during the provision of work related to the maintenance of common property is made by law dependent on the volume of communal resources consumed by apartment buildings as a whole and determined based on the readings of the common house meter and the total volume of individual consumption of physical and legal entities, located in the MKD.

In accordance with Part 10 of Article 12 of Federal Law 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 to for the purpose of maintaining common property in an apartment building, their size cannot 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. For the initial inclusion of expenses specified in Part 9 of Article 12 of Federal Law No. 176-FZ in the payment for the maintenance of residential premises, a decision of the general meeting of owners of premises in an apartment building is not required.

According to the Ministry of Construction of Russia, based on the literal interpretation of this norm, it follows that the amount of costs for paying for cold water, hot water, electrical energy, thermal energy consumed in maintaining common property in an apartment building, wastewater disposal for the purpose of maintaining common property in an apartment building may be less than the standard for the consumption of utilities for general household needs, established by the constituent entity of the Russian Federation as of November 1, 2016. In particular, a similar situation may occur when the calculation of the amount of costs for 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 is carried out according to indications collective (common house) metering device. Accordingly, in the case where an apartment building is equipped with a collective (common house) metering device, the inclusion of these expenses in the payment for the maintenance of residential premises can be carried out in an amount lower than the standard consumption of utilities for general house needs, based on the actual volume of consumption of utilities for general house needs .

In turn, the actual volume of consumption of utilities for general house needs is calculated as the difference between the readings of the collective (common house) meter and the sum of the readings individual devices accounting and (or) utility consumption standards. The resulting actual volume of consumption of utilities for general house needs is distributed among all owners of premises in an apartment building in proportion to their share in the right of common shared ownership of the building. common property in an apartment building.

To include these expenses in the payment for the maintenance of residential premises in an amount below the standard for the consumption of utilities for general house needs, a decision of the general meeting of owners of premises in an apartment building is not required, since such inclusion is initial.