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. The procedure for calculating and paying fees for public utilities

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. The billing period for paying utility bills is set equal to a 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 case of establishment of two-component tariffs for hot water The amount of payment for utility services for hot water supply is calculated based on the amount of the cost of the component for cold water, intended for heating for the purpose of providing public hot water supply services (or a coolant component that is integral part tariff for hot water in open heating systems (hot water supply), and the cost of the component for thermal energy used to heat 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 number of units of that constant value per each residential or non-residential premises in an apartment building ( power, load, etc.), which 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 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 house, as well as cases where the control method in an apartment building is not selected or the selected control method is not implemented, in which the consumer in an apartment building, as part of the payment for utility services (cold water supply, hot water supply, sewerage, electricity supply, gas supply), separately pays 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 referred to as 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 the readings of hot water meters.

(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 heating utilities is determined according to formulas 3(4) and Appendix No. 2 to these Rules based on the readings individual device accounting of thermal energy.

(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, 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 the premises allocated in an apartment building for parking spaces, the volume of waste water discharged is determined based on the readings of the metering devices of the corresponding communal resource, established for the purpose of separate accounting of the consumption of utility resources in this room, and in their absence, based on the area of ​​​​the specified room 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 the management 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 it is discovered that a connection made in violation of the established procedure (hereinafter referred to as unauthorized connection) of the consumer’s intra-apartment equipment to the in-house engineering systems the contractor is obliged to draw up an act on identifying an unauthorized connection in the manner prescribed 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 the intra-house engineering networks, and an organization authorized to carry out these actions by the legislation of the Russian Federation on water supply, sewerage, 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 communal resources in such non-residential premises is not is recorded by a collective (common house) 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 legal entity or last name, first name and patronymic of an 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.

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According to Decree of the Government of the Russian Federation No. 491 of August 31, 2006, regulating the rules for calculating fees for the maintenance and repair of residential premises:
Article 11

e) collection and removal of solid and liquid household waste, including waste generated as a result of the activities of organizations and individual entrepreneurs using non-residential (built-in and attached) premises in an apartment building; Article 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. Thus, all garbage from residential and non-residential premises is included in one amount and this amount is distributed among all owners of residential and non-residential premises in proportion to their area.

On this moment The Ministry of Construction is preparing a draft law to transfer this service from housing maintenance to public utilities.

How to charge water if meter readings have not been submitted?

According to Resolution 354 of May 6, 2011, if meters are installed in the apartment, but readings on them were not transmitted, then the accrual is based on the average consumption according to the meters in previous months.
Article 59

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 not more than 6 billing periods in a row;
After 6 months of calculations based on average consumption, accrual is made according to the standard.

Do I need to make a refund when calculating using the average after transmitting the readings?

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 metering device (distributors) being checked and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for utility services for the billing period preceding the inspection, then the contractor is obliged to recalculate the amount of payment for utility services

Are recalculations taken into account when calculating charges for general household needs?

This is not explicitly stated in Resolution 354 of May 6, 2011, however, there is a commentary on this issue from the Ministry of Regional Development of the Russian Federation.
Question
Article 61 of the Rules. When recalculating the fee amount we're talking about about the consumer to whom the recalculation is made, and nothing is said about the recalculation, in connection with the change in the amount of payment for one of the consumers of the house, the amount of payment for all other consumers of the house, as well as the recalculation of the amount of payment for ODN.
Answer
Recalculation is not made to other consumers, since the results of recalculation to one of the consumers are reflected in the volume of utility service consumption on the one-way service for the remaining consumers in the current month. Therefore, the payment amount is calculated for all consumers in the current month, which takes into account the recalculation to one of the consumers.

What are the deadlines for generating and paying an invoice?

According to articles 66 and 67 of Decree 354 of May 6, 2011 management organization must provide residents with receipts no later than the 1st day of the month following the expired billing period for which payment is made. Residents, in turn, must pay the invoice no later than the 10th.
However, the resolution allows that these terms may be changed in the agreement for the management of an apartment building.

Including a penalty on the receipt

Resolution 354 of May 6, 2011 prohibits including penalties in the amount of payment of receipts for housing and communal services. A receipt for penalties must be generated as a separate payment document, as is clearly stated in Article 70
The amount of penalties (fines, penalties) determined by law or an agreement containing provisions on the provision of public services for violation by the consumer of the terms of such an agreement is indicated by the contractor in a separate document sent to the consumer.

Federal Law of December 31, 2017 No. 485-FZ “On amendments to the Russian Federation and certain legislative acts Russian Federation” has finally determined the procedure for receiving and the amount of fines for incorrect charging of fees for housing and communal services.

The above changes have taken effect from January 01, 2018 and are indicated in paragraphs 11-13 and paragraphs 6-7 of the Housing Code of the Russian Federation.

Now the owner or tenant of the premises has the opportunity to receive some compensation for the fee if a violation of the procedure for calculating the amount of payment for the maintenance of residential premises is identified or has resulted in an unreasonable increase in the amount of such payment.

Concerning housing fees, then the management organization, homeowners' association, housing or housing-construction cooperative, other specialized consumer cooperative, if a violation is detected, is obliged to pay the owner or tenant of the premises in an apartment building a fine in the amount of 50% of the excess fee.

Regarding the accrual utility fees, then here the fine is paid by the person providing utility services, and the amount of the fine and the procedure for receiving it are the same as in case of violation of the calculation of fees for housing maintenance.

For example, you were charged incorrectly for hot water supply.

The receipt indicated the amount to be paid in the amount of 600 rubles, but they should have charged 400 rubles. The excess amount is 200 rubles, the amount of the fine that the contractor must pay you is 100 rubles.

So, if the owner or tenant of the premises has identified a violation when calculating the amount of payment for the maintenance of housing or utilities, he needs to apply in writing to the organization serving his house or to the person who provides utilities with a request to pay a fine.

A management organization, a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative or other entity providing utility services, no later than 30 days after receiving the application, it is obliged to check the correctness of the calculation of fees and send a response either about the identification of a violation and payment of a fine, or about the absence of a violation and refusal to pay a fine.

If a violation in the calculation of fees is nevertheless identified, a fine will be paid. no later than 2 months from the date of receipt of the application from the owner or tenant by reducing fees for housing and communal services, or reducing the amount of debt on the basis of a judicial act that has entered into legal force.

It is worth noting that compensation in the form of a fine for an unreasonable increase in fees cannot always be obtained. Exceptions are cases when the increase in the amount of the fee occurs due to the fault of the owner or tenant of the premises, as well as if the violation and unjustified increase in the amount of the fee was eliminated before the appeal and (or) before the actual payment of the overcharged amount.

The practical application of such standards remains to be seen, because, as a rule, providers of housing and communal services and recalculation of the amount of fees when a violation is identified are done reluctantly or only under duress from supervisory authorities.

Good afternoon
please tell me what to do in such a situation.
GU IS (or EIRTS) charge water above the standard, which was 2-3 times higher than the standard. The building has a common building meter, some apartments are equipped with individual ones, and some are not. I don’t have a meter and by law I have to pay only according to the nomative. I know that there is a resolution of the Supreme Council of the Russian Federation on this topic. but the law is not written to the Guis.

there is a written response from Guis that they make accruals according to the Moscow point of Moscow 77 and therefore there are no grounds for recalculation

I contacted the prosecutor's office and received a response from the Moscow prosecutor's office, which stated that in accordance with paragraphs 19.22 of the rules for the provision of utilities, approved by paragraph 307 of the Russian Federation, the amount of payment for utilities in residential premises will be determined for cold and hot water supply, as well as sanitation by multiplying the number of citizens for the standard and for the tariff. At the same time, this paragraph establishes the possibility of adjusting the amount of payment for utility services once a quarter in accordance with paragraph 1, subparagraph 4 of Appendix 2 to the rules, which does not exclude the possibility of placing the burden of expenses on the consumer to pay for utilities in the entire house... thus 77 points does not contradict 307 points

We were completely stunned there.. what does quarterly adjustment have to do with it when we are talking about different principles of charging for water...

please help me where to go….. I wrote a complaint to the Prosecutor General’s Office against the Moscow Prosecutor’s Office, but I’m afraid they’ll just send the complaint down again….

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Good night! I have the following question: I came for a rent receipt... and they confronted me with the fact that I owe 25,000 rubles. I asked why. In response, they told me that this is a payment according to water standards... Since readings have not been transmitted for a long time since that year Oct

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Victoria Dymova

Support employee Pravoved.ru

59 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 the billing period for which the consumer did not provide meter readings to 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;

Clause 81 (12) of these Rules clearly stipulates that a meter whose calibration interval has expired is considered out of order. It follows from this that data for calculating water charges, which are submitted based on the readings of such a water meter, will not be accepted.

Methods for recalculating water payments

If the subscriber has a duly registered water meter(s) in his apartment, he is given the opportunity to take the initiative. It consists of promoting the installation of meters to those neighbors who do not have them. It is quite clear that if there is no HOA in the house, it is difficult to carry out such work, and it is unlikely that such people will like the presence of means of metering real consumption in their house.

As can be seen from the Resolution, recalculation of water in the presence of meters may well take place. In this case, the surcharge appears on the receipt solely due to factors beyond the subscriber’s control. By the way, it’s worth adding here the difference in consumption between actual (not recorded) and normative value for subscribers who do not use meters. It turns out that the whole house pays for its neighbors. From the point of view of utility suppliers, this is quite fair.

Rules and procedure for recalculation for utilities according to Resolution 354

1. If necessary, make payment adjustments during the absence of residents all services are recalculated at the same time. The amounts accrued for monthly payments are divided by the number of calendar days. After calculating the cost of services for one day, the amount is multiplied by the number of days of absence, and the resulting result is subtracted from total amount payments.
2. Recalculation of gas fees is carried out if there is no meter in the apartment. How long is it possible? An amount proportional to the days of absence is deducted from the total gas bill.
3. Recalculation of electricity charges is possible only if the payment was calculated according to standards, and not according to meter readings. Sometimes extra kilowatts are accrued due to controller error.

• The meters were not verified on time. In this case, payment is made at tariffs that are higher than payments based on metering indicators;
• the pipeline was inserted independently if the pipe diameter exceeds the established standards;
• There are no seals on the meter or its integrity is damaged.

Is it legal to recalculate utility bills for water during absence?

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 metering device (distributors) being checked and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for 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 it to the consumer within the deadlines established for payment of utilities for the billing period in which the contractor carried out the inspection, the requirement for payment of additional fees for utility services provided to the consumer or notification of the amount of utility fees overcharged to the consumer. Excess amounts paid by the consumer are subject to offset when paying for future billing periods. The amount of the fee must be recalculated based on the readings of the meter being checked taken by the contractor during the inspection 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 consumed by the consumer during the billing period in which the contractor carried out the check.

c) travel tickets issued in the name of the consumer (if the consumer’s name is indicated in such documents in accordance with the rules for their execution), or their certified copies. In case of issuing travel documents in in electronic format the contractor is presented with a printout of them on paper, as well as a document issued by the carrier confirming the fact of using the travel document (plane boarding pass, other documents);

The procedure for recalculating payments for heating and hot water

If the service is centralized heating was provided later than the established deadlines or in case of early completion heating season, as well as in cases of interruptions in the provision of heating services exceeding the permissible ( Once a month for 12 hours a day), recalculation is carried out as follows (subject to apartment or house heat meters):

This Procedure defines the mechanism for recalculating payment for services not provided or services provided not in full or with reduced quality. The Procedure applies to entities of all forms of ownership providing services (providers) and consumers (individuals and legal entities). If the contractor has not provided the heating and hot water services provided for in the contract, or has provided them incompletely or with reduced quality, he is obliged to recalculate the amount of payment for these services within 1 month following the estimated month.

How to recalculate water bills using meters: application, procedure according to Resolution 354

Payment for hot water supply constitutes a significant part of all utilities, and its quality is not always satisfactory. If from the tap coming rusty, or lukewarm water, if there are interruptions in supply, the consumer has the right to count on the recalculation of amounts for hot water supply of inadequate quality.

• Record accurate instrument readings with the participation of suppliers. To do this, you need to call specialists from the heat and water supply organization and draw up a report.
• Attach a document for inspection of metering devices to the application and submit it to the billing department of the service provider.
• Expect recalculation, which will be reflected in the next payment receipt.

Recalculation of water in the presence of meters

You should pay attention to the data indicated in the receipt: accrual amounts for water supply are carried out solely according to the information provided, while the ODN column is changed, or a separate recalculation line may be indicated in the receipt.

As for points 4-6, this, as will be shown later, is the calculated share in the general household expense item. It includes: leaks that occur in risers; residents who do not have registration; reduction of water meter readings, as well as work on cleaning staircases, watering lawns in the area, etc.

Recalculation of utilities: procedure, norms (in clear language from a lawyer)

3) Travel tickets , issued in the name of the tenant or their certified copies. If the tenant used electronic travel documents on the trip, then he must take from the carrier a certified printout of them on paper, as well as other documents issued by the carrier confirming the fact of the trip - a boarding pass for the plane, a receipt for boarding the train and other documents.

In accordance with paragraph 90 of this Procedure, the accounting department will have to recalculate the payment for utility services in proportion to the number of days when tenants-consumers of services were temporarily absent from the apartment. This number of days is determined by the number of complete calendar days of absence, excluding the day of departure from the apartment and the day of return. The deadline for performing the recalculation is 5 working days from the date of receipt of the tenant’s written application.

Recalculation of utility bills according to the law

For example, forgetfulness or family vacation may be the reason why the apartment owner temporarily does not transmit the data from his meter. In this case, the next month after the property owner resumes data transfer, he will be recalculated.

Here we consider only the aspect that concerns residential premises without meters. Everything is clear with the meters; recalculation will be done automatically when the next data from the metering devices is downloaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

How to correctly calculate the payment for hot water

If for other categories of consumers all issues regarding utility bills are resolved by special employees on the staff of a legal entity, then the population calculates and pays for hot water consumption on its own. At the same time, he is also entrusted with the obligation to pay expenses for general household needs. For this purpose, a common house hot water meter is used, which is installed on the basis of a decision of the general meeting of owners of residential premises.

The first option is the most profitable for the owner of a residential premises, since it allows him to pay only for the volume of hot water that he actually consumed. At the same time, every month he will need to transfer meter readings to the local resource supply company. It is usually called “Vodokanal” or “Teploenergo” and is municipally owned.

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We have collected your stories and questions about meters and utility bills in one article. Research your situation and take note of everything you learn. There is no theory in this article, but there are links to regulations And real stories from the lives of our readers.

Ekaterina Miroshkina

economist paying the bills

Hot water is not hot enough

Question. What should the hot water temperature be? If it is less than the standard, then where to go and how to recalculate the payment? If they raise the temperature, won't it have a side effect? Will water become more expensive?

Answer. The temperature of hot water at water points must be no lower than 60 °C and no higher than 75 °C. The water supply point is a tap in the kitchen or bathroom.

The rules for the provision of public services stipulate permissible deviations by hot water temperature:

• at night (from 0:00 to 5:00) - maximum by 5 °C;
• during the day (from 5:00 to 00:00) - by a maximum of 3 °C.

If the water flowing from the tap is colder than required by law, the fee can be recalculated. For every 3 °C deviation, the fee is reduced by 0.1% per hour. If the temperature of hot water is below 40 °C, then the fee for it will be charged as for cold water.

There are also requirements for properties, pressure and uninterrupted supply of hot water. If the supplier violates at least one of the conditions, you can apply for a recalculation and even cancel payment for the entire period when water was supplied not according to standards.

In 2013 Supreme Court recognized the permissible deviations in hot water temperature as invalid. At 60 °C, dangerous bacteria die, so the water should not be colder - this is considered to be of poor quality. In such cases, it seems that they should not charge for water at all. But this decision does not affect the recalculation of fees for hot water: it is used in other situations.

A common house meter can record the temperature. There are devices that save temperature data for every hour. They can be used to record violations. If there is no such device, you will have to call experts to measure the temperature and draw up a report.

With device data or a report of violations, you must contact management company or your water supplier. If they don’t count it voluntarily, the court will force it. Expenses for the examination are also reimbursed.

If the temperature is raised to the standard, there can be no talk of any increase in tariffs - this is illegal. If boiling water comes out of the tap, this is a violation and a reason for a recount.

If there are problems in the house hot water, install a common house meter that will record data. Don't forget to trust it and register it with the water utility. Otherwise, the testimony may not be accepted even in court.

Payment for water at two addresses

Situation. I live in one house and am registered in another. There are no water meters in the houses: everyone pays according to the standards. I have to pay for myself twice: where I actually live and use water, and where I am registered with my parents.

Question. How can I refuse payment to one of the addresses?

Answer. The easiest way is counters. But if no one has meters in their homes, it is most likely technically impossible to install them. Then you have the right not to pay where you don’t actually live. But this needs to be proven.

The local water utility will tell you which documents are suitable as evidence in your case. If you can’t reach a peaceful agreement, go to court. They will assess the circumstances and force the water utility to recalculate the fee and not charge it in the future.

Even if there are no official documents that will confirm that you actually live in another place, the child’s medical history from the clinic, water payment receipts at the actual address, and even a statement with the signatures of neighbors will be useful.

Standards are more profitable than meters

Situation. I live in a huge cottage. According to the meter, I paid two thousand rubles for cold water. The meter's verification period had expired, I did nothing, and the water utility began to count according to the standard. It turned out that the standard does not take into account water consumption for watering the lawn, washing the car and facade, filling the pool and fountain. As a result, I pay the standard two hundred rubles a month.

Question. Is it legal to continue this way?

Answer. Sometimes, according to the standard, resources are cheaper. This happens if there are actually more people living in the house than are registered. Or is it wasted? more water than prescribed in the standards.

In fact, the law has standards for watering the lawn, for the pool, and even for feeding animals. Inspectors from the water utility go to households and record who wastes water beyond domestic needs.

If they come to you with an inspection and see an overspending, they may charge you additional fees for the previous months. But they may not come. You have the right to pay both according to standards and according to meters. The water utility is responsible for billing you, not you.

On the other hand, you must provide truthful information about how you use the water. If the water utility does not know that you have a pool and a lawn, then you need to inform them about this: otherwise they will have a reason to charge you retroactively. And then you will not only not save, but also overpay.

Rules for payment for general house needs

Situation. My mother lives alone in her own three-room apartment. A family of five lives in a one-room apartment nearby. They use the elevator more often, trample more in the corridor, and pay with square meter one-room apartments

Question. Why not break down the amounts on the general building meter by the number of residents, and not by the area of ​​the apartments?

Answer. The elevator and corridor are part of the common property, for the maintenance of which all residents of the house pay. According to the law, the share in the common property is proportional to the total area of ​​the apartment.

This may seem unfair in your situation, but it is written into law.

From the owner three-room apartment area 80 m² share in common property twice as much as their neighbors one-room apartment area 40 m². And the fee for its maintenance is twice as much.

If you have your own story about counters, interesting way save or complex issue about utilities, send to [email protected]- we'll figure out.