Communal resources consumed in the maintenance of common property. VI

From July 30, there are five options for calculating the payment for a communal resource for the maintenance of common property. It happened because it came into force on that day.

Details in today's article.

Five calculation options

The new Federal Law of July 29, 2017 N 258-FZ made changes to the procedure for calculating the fee for communal resources for the maintenance of the common property of the MKD. To keep you up to date, on August 14, together with Elena Shereshovets, we held a webinar at which we talked about whether the changes will have a good or bad effect on the work of management companies.

The choice of the option for calculating the payment for a utility resource depends on the situation:

• An ODPU is established in the MKD (clause 9.2 of article 156 of the RF LC).
• An automated information measuring system is installed in the MKD.
• OSS decided on a different accrual procedure.
• The MKD does not establish an ODPU (clause 9.3 of article 156 of the RF LC).
• In the subject of the Russian Federation, a standard has not been adopted.

If the house is equipped with a common house metering device, 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.

It is necessary to calculate the fee differently if, in addition to the ODPU, there is an automated information measuring system in the house. Or if an ODPU is installed in the house, but the OSS decided on a different accrual procedure.

We will dwell on each option in more detail and tell you at the end what to do if a standard has not yet been established in the subject of the Russian Federation.

ODPU installed in MKD

If in apartment building ODPU is established, the calculation is done on the basis of the standard with recalculation. The volume of the consumed communal resource will be calculated as the product of the standard established by the constituent entity of the Russian Federation, the total area of ​​​​premises from the common property of the MKD, and the private total area premises of the MKD and the total area of ​​all the premises of the MKD.

Why then a metering device, if we consider according to the standard? The meter will be needed once a year. All year, starting from August and until July 1 of the next year, you set up a fee for a utility resource in accordance with the standard in houses with an ODPU. On June 30 of the next year, a recalculation will need to be made in the payment document for June.

The recalculation is made by the person managing the MKD: the managing organization, HOA, TSN or ZhK. To make a recalculation, you need to take all the readings of the ODPU for the year, subtract the standard from them and multiply this difference by the share of the consumer's premises in the common property of the MKD.

If the result is zero or positive, then the adjustment will be zero. This means that if, according to the ODPU, the residents consumed more communal resources for a whole year, and according to the standard, you charged them smaller amounts, the adjustment will be zero, you have no right to charge additionally.

Recalculation can be done only if, in fact, the residents of the house during the year consumed less utility resources than according to the standard. The recalculation is always done down: tenants in any case will pay less.

There are three more reasons for recalculation:

• the management company stopped managing the house,
• the tenant has lost ownership of the property,
• terminated the lease.

Automated information measuring system

In an apartment building, ODPU are installed, but there is also an automated information measuring system. The calculation of payment for a communal resource for the maintenance of common property will be made according to the readings of this system, provided that it has the possibility of one-time readings.

The concept of "simultaneous taking of evidence" is not enshrined in law. It is believed that if the system allows you to take readings from all metering devices within an hour, then this can be considered a one-time reading.

The volume of the communal resource for such a house is what the automated system showed, multiplied by the quotient of the total area of ​​​​a particular room and the total area of ​​\u200b\u200ball rooms in an apartment building.

The general meeting of owners made a different decision

This is the only option for calculating the payment for a utility resource for an OI in an MKD today, which can be influenced by the managing organization. In this situation, the house also has common house meters, but the OSS 50+% of the votes makes one of two decisions on determining the amount of expenses for the purchase of a communal resource:

• according to the testimony of the ODPU,
• by average monthly volume.

In order to make a decision to charge a fee for a communal resource according to the readings of the ODPU, two conditions must be met: the ODPU must be installed in the house and work must be performed in excess of the minimum list.

It is important to remember: if a standard has not been adopted in a constituent entity of the Russian Federation, such a meeting cannot be held.

If there is an ODPU in the house, the list of works and services exceeds the minimum and the OSS decided to determine the costs based on the indications of the ODPU, the volume of the communal resource is determined as follows: the difference in 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 in the next month it decreases by this value (paragraph “a”, paragraph 21 of the RF PP N 124). Recalculation in this case is not done.

The second variant of the OSS decision is that the owners will pay in the amount of the average monthly consumption of the communal resource. Prerequisites for such a solution:

• ODPU is installed in the house,
• OSS takes the size of the 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 is that it is not the standard that is deducted from the sum of all readings of the ODPU for the year, but the amount of the average monthly consumption of the communal resource.

That is, the recalculation is done when, in fact, during the year, the residents of the house spent less utility resources than according to the average monthly consumption. The recalculation is done down, tenants in any case will pay less.

There is no ODPU in MKD

The fourth option for calculating the payment for a communal resource for the maintenance of ROI is used for houses in which an ODPU is not installed or for houses in which:

• three calendar months have passed since the date of failure of the ODPU,
• the previously commissioned ODPU was lost,
• the service life of the ODPU has expired.

In these cases, the volume of consumed resource is determined by the standard. The standard is multiplied by the area of ​​common areas, and then multiplied by the share of a particular owner. Recalculation is not done.

But what if the subject of the Russian Federation has not adopted the standard?

The subject of the Russian Federation did not accept the standard

First you need to decide which standard the subject of the Russian Federation did not accept:

If the standard for a communal resource is not adopted, nothing needs to be done. The period that began on January 1 and 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 conduct OSS.

If the standard for ODN is not adopted, residents of MKD are billed for a communal resource for the maintenance of OI in MKD according to actual consumption.

where:

The volume (quantity) of the communal resource provided for the billing period for general house needs in an apartment building and attributable to the i-th residential premises (apartment) or non-residential premises;

T kr - the tariff for the corresponding communal resource, established in accordance with the law Russian Federation.

11. Attributable to the i-th residential premises (apartment) or non-residential premises volume (quantity) cold water, provided for the billing period for general house needs in an apartment building equipped with a collective (common house) cold water meter, is determined by formula 11:

where:

V D - the volume (quantity) of cold water consumed during the billing period in an apartment building, determined according to the readings of a collective (common house) cold water meter. In the cases provided for in paragraph 59(1) of paragraph ;

The volume (quantity) of cold water consumed during the billing period in u-th non-residential premises, determined in accordance with paragraph 43 of the Rules;

The volume (quantity) of cold water consumed during the billing period in v-th residential a room (apartment) not equipped with an individual or common (apartment) metering device;

The volume (amount) of cold water consumed during the billing period in the w-th living space (apartment) equipped with an individual or common (apartment) cold water meter, determined by the readings of such a meter. In the cases provided for in paragraph 59 of the Rules, in order to calculate the amount of the fee for utilities the volume (quantity) of the communal resource is used, determined in accordance with the provisions of the specified paragraph;

The volume (quantity) of hot water (in the case of self-produced by the utility provider for hot water supply (in the absence of centralized hot water supply)), consumed during the billing period in the i-th residential premises (apartment) or non-residential premises in an apartment building, determined in accordance with paragraphs 42 and Rules;

V kr - determined in accordance with paragraph 54 of the Rules, the volume of cold water used by the contractor in the production of utility services for heating (in the absence district heating), which, in addition, was also used by the contractor in order to provide consumers with utility services for cold water supply;

11(1). In the case of establishing a two-component tariff for hot water, the volume of cold water per i-th residential or non-residential premises used to maintain common property in an apartment building when consuming utility services of cold water supply and hot water supply, measured by a collective (general house) cold water meter, distributed:

(see text in previous edition)

a) in relation to utility services for cold water supply for general house needs - according to formula 11.1:

where:

Standard for the consumption of cold water for the maintenance of common property in an apartment building;

(see text in previous edition)

Standard for the consumption of hot water for the maintenance of common property in an apartment building;

(see text in previous edition)

b) in relation to utility services for hot water supply for general house needs - according to formula 11.2:

12. The volume (quantity) of cold water consumed during the billing period in the v-th residential premises (apartment) not equipped with an individual or common (apartment) metering device is determined by the formula:

where:

N j - standard consumption of cold water supply;

n v - the number of citizens permanently and temporarily residing in the v-th residential building (apartment), not equipped with an individual or common (apartment) cold water meter.

13. The volume (quantity) of hot water, gas, Wastewater and electrical energy, provided for the billing period for general house needs in an apartment building equipped with a collective (common house) metering device of the corresponding type of communal resource, is determined by formula 12:

(see text in previous edition)

where:

V D - the volume (quantity) of the communal resource consumed during the billing period in an apartment building, determined by the readings of the collective (common house) metering device for the communal resource. In the cases provided for in paragraph 59(1) of the Rules, the volume (quantity) of the communal resource determined in accordance with the provisions of this paragraph is used to calculate the amount of payment for utilities;

(see text in previous edition)

The volume (quantity) of the communal resource consumed during the billing period in the u-th non-residential premises, determined in accordance with paragraph 43 of the Rules;

The volume (quantity) of the communal resource consumed during the billing period in the v-th residential premises (apartment) not equipped with an individual or common (apartment) metering device;

The volume (quantity) of the communal resource consumed during the billing period in the w-th residential premises (apartment) equipped with an individual or common (apartment) utility resource meter, determined by the readings of such a meter. In the cases provided for in paragraph 59 of the Rules, the volume (quantity) of the communal resource determined in accordance with the provisions of this paragraph is used to calculate the amount of payment for utilities;

V kr - determined in accordance with clause 54 of the Rules, the volume of the corresponding type of communal resource (electricity, gas) used during the billing period by the contractor in the production of public services for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply) , which, in addition, was also used by the contractor in order to provide consumers with utility services for electricity and (or) gas supply;

S i - the total area of ​​the i-th residential premises (apartments) or non-residential premises in an apartment building;

S about - the total area of ​​​​all residential premises (apartments) and non-residential premises in an apartment building.

14. The volume (quantity) of the communal resource consumed during the billing period in the v-th residential premises (apartment) not equipped with an individual or common (apartment) metering device is determined by:

a) for hot water supply, sewerage and power supply - according to the formula:

where:

N j - consumption standard j-th utility services;

n v - the number of citizens permanently and temporarily residing in the v-th residential premises (apartment);

B) for gas supply - according to the formula:

where:

S v is the total area of ​​the v-th dwelling;

N gas.o. - the standard for the consumption of utility services for gas supply for heating residential premises;

n v is the number of citizens permanently and temporarily residing in the v-th dwelling;

N gas.p. - standard consumption of utility services for gas supply for cooking;

N gas.in. - the standard for the consumption of utility services for gas supply for heating water in the absence of centralized hot water supply.

(see text in previous edition)

17. Attributable to the i-th residential premises (apartment) or non-residential premises, the volume (quantity) of the communal resource (cold water, hot water, gas, waste water, electricity) provided for general house needs for the billing period in an apartment building that is not equipped collective (general house) metering device, is determined by formula 15:

(see text in previous edition)

where:

N one - the standard for the consumption of the corresponding type of communal resource for the purpose of maintaining common property in an apartment building for the billing period established in accordance with the Rules for establishing and determining standards for the consumption of utilities, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306;

(see text in previous edition)

S oi - the total area of ​​​​the premises that are part of the common property in an apartment building.

When determining the volume of cold water attributable to the i-th residential (apartment) or non-residential premises provided for general house needs for the billing period, the total area of ​​​​the premises that are part of the common property in an apartment building is determined as the total area of ​​the following premises that are not parts of apartments in an apartment building and intended to serve more than one room in an apartment building (according to the information specified in the passport of the apartment building): landings, stairs, corridors, vestibules, halls, lobbies, wheelchairs, security rooms (concierge) in this apartment building that do not belong to individual owners;

How were the expenses for general house needs (ODN) calculated before and how are they now?

Until the beginning of 2017, the cost of ODN was calculated on a residual basis. They took the total consumption of utility services according to a common house metering device (ODPU) for an apartment building, subtracted from it what was spent in apartments (indications individual devices accounting (IPU), consumption standard in apartments where IPU is not installed). The entire balance was paid as the cost of ODN.

Valid since 2017 new order. The cost of ODN is included in the cost of housing maintenance and is called communal resources consumed for the maintenance of common property (CR on SRI). Now the payment for the CD on the SDI, according to the legislator's intention, will be a constant value, that is, the same every month throughout the year. Its size is calculated irrespective of the presence or absence of the FLP - based on the consumption standard approved by the Tariff Department of the Novosibirsk Region and valid as of November 2016.

Has the Novosibirsk Region included the cost of electricity in the basements and attics of an apartment building as part of the payment for communal resources consumed for the maintenance of common property (CR on SRI)?

According to the clarifications of the Ministry of Construction of Russia (letter dated 01.01.2001 N 12368-АЧ / 04), when calculating the fee for the KR on the SDI in an apartment building, it is envisaged to include a different area of ​​common property for different communal resources:

- when calculating the amount of payment for the communal resource of cold water and hot water, the areas of inter-apartment landings, stairs, corridors, vestibules, halls, lobbies, wheelchairs, security rooms are taken into account - the so-called cleaning areas;

- when calculating the amount of payment for a communal resource of electricity, the total area of ​​​​premises of common areas, including the area of ​​​​attics and basements, is taken into account - the so-called illuminated area.

At the same time, the Ministry of Construction of Russia proceeds from the fact that, in accordance with the Rules for establishing and determining the standards for the consumption of utilities and the standards for the consumption of communal resources for the purpose of maintaining common property in an apartment building (decree of the Government of the Russian Federation), when calculating the standards for consumption of the Kyrgyz Republic on SDI, they are taken into account as harvested areas , and the illuminated area (attics and cellars). Therefore, in the opinion of the Ministry of Construction of Russia, the managing organization, when calculating the amount of payment for RC on SRI, should use the areas taken into account when determining the standard for this type of RC on SRI, that is, taking into account attics and basements.

At the same time, the letters of the Ministry of Construction of Russia are not normative, they are of an explanatory nature and are not binding.

How are things in the Novosibirsk region? GZhI NSO, as a supervisory body, adheres to the following position:

When calculating the amount of payment for the KR on the SDI, an apartment building is taken into account. For electricity - illuminated area. For hot water and cold water - the harvested area. The total area of ​​an apartment building is recorded in the technical passport.

Accordingly, in order to reduce the amount of payment for KR on SDI, the owners, together with the managing organization, need to conduct an “audit” of the common house property: establish cleaning areas, specific illuminated areas (for example, exclude attics, basements where there is actually no power supply system), and make these changes to technical certificate.

Is the tariff fixed and economically justified?

The tariff, as well as the fixed standard, is set by the Tariff Department of the Novosibirsk Region.

But when calculating the amount of payment for communal resources consumed for the maintenance of common property (KR on SRI), not only the tariff is taken into account, but also the standard consumption of KR. And the legislator established that until 06/01/2017 only the consumption standard is subject to change.

When initially included in the fee for the maintenance of the residential premises of the Kyrgyz Republic on SDI, their amount should not exceed the standard for the consumption of utilities for general house needs, established by the constituent entity of the Russian Federation as of 11/01/2016. In our region, consumption standards are approved by orders of the Department for Tariffs of the Novosibirsk Region -B (cold, hot water), -EE (electricity).

It should be noted that the standards for the consumption of utilities for general needs (ODN), established by the Department in 2012, were relevant at the time of their adoption and the period of validity - until changes were made to housing code RF. The standard established in 2012 encouraged the owners of the premises of an apartment building to install a common house metering device (ODPU) and make payments for utilities at the ODN according to its testimony. Thus, the legislator's intention to introduce an energy efficiency system was realized. In those multi-apartment buildings where there were no ODPU or ODV exceeded the established standard, the payment was carried out according to the established standards.

On May 22, 2017, the Department for Tariffs of the Novosibirsk Region adopted new normative consumption of the Kyrgyz Republic for SDI (cold water, hot water, electricity). When calculating the new standards, all those energy efficiency measures that the owners carried out to achieve the goal of reducing the consumption of utilities at the ODN (installation of the ODPU, energy-saving light bulbs, motion sensors, the use of equipment with a low energy consumption class) should be taken into account - as a result, the new standards are lower than those adopted in 2012 , 2013.

However, the first results in the form of a reduction in the amount of the fee for the KR on the SOI can only be assessed in July 2017.

How much more did residents pay? apartment buildings in the Novosibirsk region?

The Inspectorate does not keep such special statistics. At the same time, it is impossible to speak unambiguously about a total increase in the amount of payment for communal resources consumed for the maintenance of common property (KR on SRI). It all depends on design features of an apartment building, its equipping with a common house metering device (ODPU), energy efficiency measures taken by the owners, conscientiousness of the owners in providing readings from individual metering devices (IMU) and other criteria.

Thus, energy efficiency measures were taken in multi-apartment buildings where the LRTP were installed, the amount of payment for the KR on the SRI (when charging according to the standard) increased by 10-15%.

In multi-apartment buildings where ODPU were installed, but there was always an overexpenditure of the communal resource for ONE, and the owners did not begin to make a decision on the distribution of the excess in proportion to the occupied areas, the amount of payment for the KR on the SDI (when charging according to the standard) decreased or remained the same.

There is apartment buildings, on which the method of calculating the fee for the CR on the SOI was saved according to the readings of the ODPU. In such cases, the managing organization is solely responsible for the legal consequences of applying the method of determining the amount of payment for the KR on the SRI based on the actual volume of consumption. Disputes arising in connection with the use of this method of calculating the amount of the fee are resolved in a civil law procedure (claim or judicial). Inspection during inspections, controls only the fact that the amount of the KR fee for SDI does not exceed the standard.

Will the installation of common house meters (ODPU) reduce the cost of residents to pay for electricity in basements and attics?

Since from 01.01.2017 the amount of payment for communal resources consumed for the maintenance of common property (KR for SOI) must be calculated according to the consumption standard, the readings of the ODPU are not taken into account when calculating the amount of the payment. The indications of the ODPU are taken into account when calculating the managing organization with the resource supplying organization.

Indeed, at new form calculation of the fee for the KR on the SRI, a situation may arise when the owners, according to the standard for the communal resource for the maintenance of the common property, paid more than the managing organization when calculating with the resource supplying organization according to the indications of the ODPU.

Many regions refuse to include electricity costs in attics on pay stubs. To what extent is this correct and generally possible?

Such statistics for other regions are not kept by the inspectorate.

The obligation to bear the cost of maintaining the common property, including the utility resources consumed for the maintenance of the common property (KR on SDI), is established by the Housing Code of the Russian Federation.

The issue is the correctness of the calculation of the amount of the fee for the CR on the SDI and the accounting for the illuminated areas. As mentioned above, with the right approach to calculations, “revisions” of common areas, updating technical passport, there should be no problems with the calculation of the amount of the fee for the CR on the SOI. It all depends on the owners, who must understand that by carrying out a number of activities, with the condition of their financing, such as energy efficiency measures, updating the technical passport, explanatory work with the owners, a constructive “dialogue” with the managing organization, they may well achieve a reduction in the amount of payment for KR on SOI.

By transferring the payment for utility services to ODN as part of the payment for the maintenance of residential premises, the legislator pursued a good goal - to limit the amount of consumers' expenses to the consumption standard. Indeed, in a situation where the actual consumption of the resource (according to the indications of the operating program) is greater than the normative one, the balance is preserved. But practice has shown that the situation when the actual consumption is less than the normative has dropped out of the field of regulation.

We know that the GZHN authorities are already conducting inspections of compliance by MKD managers with the legislation on the calculation of payment for housing in terms of the cost of paying for communal resources consumed for the maintenance of common property, from 01/01/2017, of course, based on consumer complaints.

Consumers can be understood: they saw an increase in the total amount in the receipt for January compared to December, because in December they were presented with the cost of utilities for ODN based on actual consumption (less than the standard), and in January they were billed for payment of utility resources consumed when maintaining common property, taking into account the consumption standard. Their argument is simple and logical: why should they pay for services that were not provided to them?

The GZHN authorities support them, arguing that the obligations to pay for services are derived from the actually rendered and provided services for the maintenance and repair of common property in the MKD, as well as utilities.

What can the Criminal Code oppose to these arguments?

Fee within the consumption norm

According to part 10 of Art. 12 of Federal Law No. 176-FZ dated June 29, 2015 at the initial inclusion in the payment for the maintenance of a dwelling, the costs of paying for cold water, hot water, electric energy, heat energy consumed in the maintenance of common property in an apartment building, wastewater disposal for the purpose of maintaining common property in an apartment building, their sizecannot exceed standard for the consumption of utilities for general house needs, established by the constituent entity of the Russian Federation as of November 1, 2016.

Since the initial inclusion of these costs in the payment for the maintenance of the residential premises does not require the decision of the general meeting of owners of premises in the MKD, a violation by the manager of the MKD can only consist in charging a fee in excess of the consumption standard.

Please note that the Rules for the provision of public services do not apply to the procedure for calculating fees for the maintenance of residential premises, including the cost of paying for communal resources consumed for the maintenance of common property. Therefore, it is impossible to require the manager to calculate the element of payment for the maintenance of residential premises in accordance with paragraphs 40, 44 of the Rules for the provision of public services.

Payment for actually rendered services or making a "subscription" fee?

The payment for utilities has a significant difference from the payment for the maintenance of residential premises. The first is calculated based on the volume of services consumed (according to meter readings or based on consumption standards) (part 1 of article 157 of the RF LC), while the second is established by a decision of the general meeting in an amount that ensures the maintenance of common property in accordance with the requirements of the law (see. article 156 of the LC RF). The amount of payment for the maintenance of residential premises is established for a year, taking into account the proposals of the Criminal Code. The amount of the fee that the owner of the premises is obliged to pay monthly to the management company never coincides with the cost of services (works) for the maintenance and repair of common property actually provided (performed) in a specific billing period. Identity must be observed at the end of the year, when the full list of measures for the maintenance of common property (including seasonal ones) has been completed. It should be noted here that the increase in the costs of the Criminal Code for the performance of mandatory work, the need for additional work not agreed upon at the conclusion of the contract does not give the right to unilaterally increase the amount of payment (see Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 29, 2010 No. 6464/10). In other words, the Criminal Code is not entitled, without the consent of the owners of the premises, to demand from them the payment (exhibit in payment documents) of any additional amounts, in addition to the amount of the fee for the maintenance of the residential premises approved at the general meeting. On the contrary, we are convinced that the reduction in the costs of the CM for the implementation of the necessary measures does not lead to its obligation to recalculate fees for consumers.

The fact that the monthly payment document, which is the basis for paying a fee for the maintenance of a dwelling, does not fulfill the role of an act on the provision of services, was also stated in the Ruling of the Constitutional Court of the Russian Federation dated February 28, 2017 No. 292-O.

Thus, the current legislation does not give grounds to believe that the billing of expenses for communal resources (as part of the payment for the maintenance of residential premises) in an amount calculated in strict accordance with federal law leads to the collection of fees from consumers for services not rendered.

On incentives to save energy

One of the arguments in favor of charging for utility resources after the fact is that the current procedure does not encourage consumers to save energy. However, this is precisely the argument made by the managers of MKDs, who objected to granting the RSO the right to recover from them the cost of a communal resource provided for the maintenance of common property, taking into account the multiplying coefficient in the absence of an OPU. Managers rightly pointed out that the absence of an OPL does not affect consumers in any way, they are not motivated to establish an OPL and, in general, reduce consumption by ODN. The loss in the form of a multiplier is borne by the manager, who now has the right to establish the GTC at his own expense and use his testimony in calculating the fee.

The obligations of the management company to pay the amount of the multiplying coefficient in addition to paying for the cost of the resource consumed for the maintenance of common property (in the absence of the general property), and the right of the management company to receive payment from consumers for communal resources consumed in the maintenance of common property, within the norm (if measures aimed at reducing the volume of consumption at ODN, that is, at making a profit for the management company) - these are circumstances of the same kind. By installing the GTC, the management company will get rid of the loss in the form of a multiplying factor and will be able to compensate for the costs of installing the GTC due to the difference between the standard and actual resource consumption for the maintenance of common property.

On the proposed amendments to the Housing Code of the Russian Federation (Bill No. 113667-7)

At the beginning of March 2017 in State Duma Bill No. 113667-7 was introduced, which plans to change the procedure for calculating the payment for the maintenance of residential premises in terms of the costs of paying for communal resources consumed in the maintenance of common property. Part 9.2 Art. 156 of the LCD of the Russian Federation and part 10 of Art. 12 of Federal Law No. 176-FZ is proposed to be supplemented with the words: except when general meeting of owners of premises in an apartment building, a decision was made to distribute the volumes of consumption of communal resources among the owners of premises in an apartment building based on the indications of a common house (collective) meter.

In other words, by general rule the amount of expenses is determined by the consumption norm, except for the case when the owners decided to pay them based on the actual volume of consumption of the resource.

Of course, this legislative initiative is due to the economic and political situation. Therefore, the chances of passing this law are very high. However, what then was the point of transferring the payment for communal resources to the composition of the payment for the maintenance of the dwelling? What is the difference between Part 9.2 of Art. 156 of the Housing Code of the Russian Federation in the proposed edition of paragraph 44 of the Rules for the provision of public services in the previous editions?

Does it mean that the payment for the maintenance of a dwelling will fluctuate from month to month? Or should it be accepted as stable for a year with subsequent recalculation?

Interesting point: explanatory note to this draft law it is indicated that the reason for the significant excess of the normative consumption over the actual one is the inflated norms established at the regional level (as of 01.11.2016). Indeed, this is clearly shown in comparative table attached to the bill. Looks like it's easier to fix the federal law, how to ensure the establishment of justified consumption standards by the subjects of the Russian Federation? Although, since 2017, the GZhN bodies have been empowered to control the validity of setting consumption standards.

In early 2017, both MKD managers and consumers became hostages of amendments to housing legislation. On the side of managers - the law, on the side of consumers - justice. It is not known in advance which side the court will take, but the attempt is not torture ...

From a press release published on the website of the Ministry of Construction of the Russian Federation on 04/06/2017, it follows: officials also see the reason for the overpayment of consumers for housing and communal services in inflated consumption standards that are not timely updated at the regional level. The same publication reports that the Ministry of Construction is developing amendments to housing legislation that include:

- annual adjustment of payments for ODN (apparently, they mean payments for communal resources consumed in order to maintain common property), based on the readings of the OPU;

- the use of an analog calculation method in cases where the result is below the standard established by the calculation method.

The rent is charged by the organization with which the contract for the provision of utility services in an apartment building is concluded, or the authority is transferred to a single settlement center that calculates utility bills.

Often the payer is faced with an overestimated amount. He can check the accrual on his own. But first you need to figure out what makes up the amount of payment for housing and communal services (HCS) and what factors affect it.

What is included in the rent?

Rent is a common concept that implies a mandatory monthly payment for utility services. Its structure depends on whether the property is for personal use or for rent. According to Art. 154 ZhK RF, the apartment fee consists of:

According to Art. 153 ZhK RF, pay utility bills:

• the tenant from the moment of signing the contract of employment;
• tenant;
• the developer from the moment of obtaining permission to put the house into operation.

Contribution of rent to the basis of Art. 155 ZhK RF must be made following the month in which services are provided. However, in the contract for the provision of housing and communal services, a different payment period may be established. In the absence of payments within 3 months in order to collect debts, the consumer may.

How the rent is calculated

The amount of payment for housing and communal services is not constant. It is influenced by factors:

• the number of people living;
• volume of consumption;
• gasification of the house, on which it depends;
• area of ​​the room;
• tariffs for communal resources;
• issued benefits and subsidies;
• accrued penalties.

Each factor to some extent affects the total amount accrued for each line in the receipt.

Repair and maintenance of the house

The tariff for this line is approved in an amount capable of maintaining common areas in proper condition. In accordance with paragraph 7 of Art. 156 ZhK RF, the fee is set by the general meeting of tenants, taking into account the proposals of the management company for at least 1 year. Based on paragraph 8 of Art. 156 of the Housing Code of the Russian Federation, the amount of contributions for owners in the HOA is established by the governing bodies.

ODN expenses

They are included in the article "Housing Maintenance". In the absence of collective metering devices, accrual will be made according to consumption standards. If any, the total cost is calculated by subtracting individual consumption of all residents from the common house, and then divided among all owners in proportion to the area they occupy.

Calculation of the amount for utility resources

Their cost is a significant part of the total rent. The method of accrual depends on whether the meter is installed in the apartment or not.

According to counters

They are installed not only on water and electricity, but also on gas and even heating. To calculate the rent based on actual consumption, it is necessary to deadlines(usually before the 25th of the current month).

In case of untimely transfer of readings, the fee will be charged according to the average consumption for the previous 3 or 6 months, and then according to the standards.

According to the standards

In the absence of metering devices, the price of consumed resources depends on consumption standards, which are set either per person (, gas,), or per 1 square meter of an apartment (). The final figure is calculated as the tariff multiplied by the number of people or the total area of ​​​​the premises and the standard.

If there is no counter, and technical possibility available for its installation, when calculating the cost of consuming resources (water and light), they apply.

IMPORTANT! If no one is registered in the apartment, but there is no IPU, utility bills will be charged as per 1 registered person.

Rental fee

It is influenced by: the location of the room, the area and the amenities available. Local authorities set a fee per 1 m 2, and federal departments set its maximum threshold.

Tariff changes can occur no more than once a year. The organization renting housing must notify about this 3 months in advance.

Overhaul fee

Federal Law No. 271 of December 25, 2012 made significant changes to the Housing Code of the Russian Federation. Now the owners pay separate contributions for overhaul to a specialized fund. Tenants of premises and owners of real estate in are exempted from them.

The funds raised are used to repair or replace, for example, elevator equipment. The fee is set based on 1m 2, so its size directly depends on the total area of ​​​​the apartment.

penalties

Penalties are a type of penalties accrued for arrears in utility bills. , from employees of settlement centers or at a bank on a personal account.

In accordance with paragraph 14 of Art. 155 ZhK RF, the penalty depends on:

• from the refinancing rate of the Central Bank of the Russian Federation (up to 90 days of delay - 1/300 of the rate, from 91 days - 1/130);
• from the amount of debt;
• from the number of days of delay.

Penalties are accrued for each day starting from 31 days from the due date for payment.

In a communal apartment

The order of payment for housing and communal services in such an apartment must be established by the neighbors themselves. The agreement must be in writing and signed by all tenants. If the owners and tenants failed to agree on the method of accrual, the dispute between them is resolved in court.

Usually tenants, and each receives a separate receipt for paying utility bills. The rent in such apartments is calculated based on the occupied area or the number of people living.

IMPORTANT! A similar payment procedure can be established in a privatized apartment with several owners.

Reducing the amount of the rent

Citizens are interested in reducing the amount of payments. You can reduce the amount of payment for housing and communal services in the following cases:

1. Installation of counters.

Paying for actual resource consumption is beneficial. Individual consumption is often significantly below the established standards. And if people are registered on the living space, but no one lives there, installing meters will completely save you from paying for water, electricity and gas.

IMPORTANT! Even in the absence of registration, the owner is obliged to pay for heating, housing maintenance and overhaul.

2. Temporary absence.

To reduce the rent, you must provide documents proving the temporary absence (more than 5 days):

• train / plane tickets;
• a copy of the certificate confirming the fact of a business trip;
• medical certificate of treatment in a hospital;
• certificate of temporary registration.

Recalculation of utility bills is appropriate in the absence of metering devices.

3. Registration of benefits and subsidies.

Some categories of the population are entitled to receive assistance from the state in the form of benefits and subsidies for paying for housing and communal services, which are a kind of discount. To do this, you need to collect a package of documents proving your right to receive state support and submit it to the district department of social protection.

4. Receipt of low-quality services and long interruptions in delivery.

Quality requirements are described in Appendix No. 1 "Rules for the provision of public services", approved by GD No. 354 of 05/06/2011. It also sets the percentage by which payment is reduced in various situations. For example, for each hour of exceeding the permissible duration of a break in the supply of water or heating, the cost is reduced by 0.15%.

In addition to rent reduction, based on paragraph 4 of Art. 157 ZhK RF authorized company can be held liable.

How to check the correctness of the calculation of utility bills

If it seems to you that the charge for utility services was incorrect, check in the receipt:

• Information about the number of residents.
• specified area.
• Changes in consumption rates and tariffs, their validity and legality.
• The correctness of these meter readings, if any.
• Emergence of new payment lines.
• Availability of the amount to pay for unprovided housing and communal services.

The procedure for calculating the rent is described in detail in Appendix No. 2 of PP No 354 dated May 6, 2011.

Rent calculator

For each region, a service has been developed to help citizens roughly calculate the amount of payment for housing and communal services. The user is required to:

• choose a place of residence;
• choose a billing period;
• indicate the area of ​​​​the apartment, the number of registered tenants and the type of house (MKD or private);
• select the type of resource (water, electricity, gas, etc.) and the calculation method (meter or standard). This is also where the fees for the common house needs will be calculated.

The service is convenient because you do not need to look for consumption standards or established tariffs, they are entered automatically. However, the regional calculators do not calculate the home maintenance fee and capital repair premiums.

Where to go if the rent is incorrectly charged

Under the contract for the provision of housing and communal services, each party agrees to fulfill its obligations in good faith: the consumer is required to pay on time, the responsible company is required to provide services of adequate quality and correctly calculate the rent.

If, during the verification of the correctness of the accrual, an erroneously calculated amount was revealed, which, for example, is significantly higher than the payment for previous months, you need to contact:

1. To the company that charges the fee: UK, HOA or EIRTs. Before contacting, check all the data on the receipt, especially the transferred indications and tariffs. If an error is discovered due to the fault of the tenant himself, he will be issued a new payment document or the amount paid will be credited in the next payments. If the overstatement of the amount was due to the fault of the authorized person, and the recalculation is refused, it is worth filing a formal complaint with the higher authorities.

ADVICE! You can get advice on calculations and charges for housing and communal services by calling the hotline in the region.

1. to the State Housing Inspectorate. You need to complain to the inspection in case of deliberate misuse of the tariff or benefit.
2. In Rospotrebnadzor. Appeal is advisable when incorrect accrual is associated with the inadequate quality of the services provided or their failure to provide.
3. The prosecutor's office is a body that oversees the implementation of existing laws. During the verification supervisory authority may issue an order to eliminate the violation, subject to mandatory implementation.
4. To court. Before applying to the judicial authorities, the plaintiff must collect evidence of a violation of his rights.

Responsibility for incorrect calculation of utility bills

Upon detection of the fact of overestimation of the amount of payment for housing and communal services, the responsible person pays in favor of the applicant, according to paragraph 6 of Art. 157 ZhK RF, a fine of 50% of the amount of excess rent.

The penalty is not charged when:

• the overcharge was due to the fault of the tenant;
• the violation is eliminated before payment of the payment document;
• the adjustment of the rent occurred before the receipt of the requirement to verify the correctness of the accrual.

Within 30 days from the date of receipt of the claim for compensation for an error in the calculation, the company providing housing and communal services must verify the correctness of the calculation.

According to paragraph 7 of Art. 157, in case of detection of a violation, the fine must be paid no later than two months from the date of receipt of the appeal. Payment is made by reducing the amount of rent or existing debt.

The rent consists of several elements, each of which is influenced by a number of factors, such as tariffs and floor space. The payer can independently control his expenses and check accruals using approved calculation formulas or using an electronic service.

If there has been an illegal accrual of utility bills, you must apply with an application to the organization with which the contract for the provision of utility services has been concluded. If you are denied, help can be obtained from higher authorities.