Subsection 354 of the provision rules. On the provision of public services to owners and users of premises in apartment buildings and residential buildings

APPENDIX No. 1 to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings

_________________________

1 The pressure in cold or hot water supply systems is measured at the tapping point during the hours of the morning maximum (from 7.00 to 9.00) or the evening maximum
(from 19.00 to 22.00).

2 Before determining the hot water temperature at the draw-off point, the water is drained for no more than 3 minutes.

3 An interruption in the provision of a utility power supply service is not allowed if it can lead to the disconnection of networks and equipment that is part of the common property in an apartment building, including pumping equipment, automatic technological protection devices and other equipment that ensures trouble-free operation of in-house engineering systems
and safe living conditions for citizens.

4 The consumer receives information about the availability of backup power supplies from the contractor.

5 The specified requirements apply at an outside air temperature not lower than the calculated one adopted when designing the heating system, subject to the implementation of measures for warming the premises (GOST R 51617-2000).

6 In case of application of paragraph 14 of this annex, paragraph 15 of this annex shall not apply from the moment the heating break begins.

7 Measurement of air temperature in residential premises is carried out in a room (in the presence of several rooms - in the largest living room), in the center of the planes spaced from the inner surface of the outer wall and the heating element at 0.5 m and in the center of the room (the point of intersection of the diagonal lines of the room) at a height 1m . In this case, the measuring instruments must comply with the requirements of the standards (GOST 30494-96).

Note. For the purpose of applying this Appendix, the current norms and requirements of the legislation of the Russian Federation on technical regulation, which establish mandatory requirements for the quality of the provision of public services, are subject to use. The GOSTs, SNiPs, SanPiNs given in this appendix are not exhaustive and are applied until other norms and requirements of the legislation of the Russian Federation on technical regulation regulating the same issues come into force.

From January 01, 2017, instead of the concept of "general house needs" (ODN), the concept of "communal resource for the maintenance of the common property of an apartment building" (KRSOY) appeared in the housing legislation. But neither before, nor now, ODN or KRSOI for heating was provided for in the norms of the law.

With this in mind, and enshrined in Appendix No. 2 of the Rules for the provision of public services, approved by Decree of the Government of the Russian Federation No. 354 of 05/06/2011 (hereinafter referred to as Rules 354), formulas for calculating utility services for heating.

In accordance with paragraph 40 of Rule 354, the consumer of the heating utility service, regardless of the chosen method of managing an apartment building, pays a fee for this service in total without dividing it into a fee for the consumption of the specified service in a residential or non-residential premises and a fee for its consumption in order to maintain common property in apartment building.

The procedure for calculating the payment for the heating utility service is specified in paragraph 42 (1) of Rule 354 and depends on the presence or absence of individual (apartment) metering devices (IPU) in all residential premises of MKD and a common house metering device (ODPU).

But, apparently, in the future we will have big changes in the current housing legislation on this issue, and it is quite possible that the concept of KRSOI for heating will be introduced, thanks to the adopted July 10, 2018 by the decision of the Constitutional Court of the Russian Federation (CC RF) No. 30/P-18“In the case of checking the constitutionality of part 1 of article 157 of the Housing Code of the Russian Federation, paragraphs three and four of paragraph 421 of the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings in connection with a complaint from citizen S.N. Deminets".

Although, as practice shows, legislators can stretch the implementation of decisions of the Constitutional Court of the Russian Federation for several years. Yes, and how it will be changed is known only to higher powers, or rather, the Ministry of Construction of the Russian Federation and other developers of our not always adequate regulatory legal acts. But in this case, I would like to hope for a not too long resolution of the situation with the introduction of amendments to the regulatory legal acts on the calculation of payments for heating in apartment buildings, since the issue is urgent and the work of many managing organizations depends on its resolution. Although when the developers of laws and authorities cared about their problems ...

The owner of an apartment in an apartment building in the city of Pushkino, Moscow Region, applied to his managing organization for a recalculation of the heating utility service due to disagreement with how it was calculated. Accordingly, the managing organization refused to recalculate, as a result of which the disgruntled owner turned to the Pushkin City Court of the Moscow Region.

In the statement of claim, he asked the court to oblige the defendant to recalculate the heating utility service, taking into account the readings of individual meters for October, November and December 2016, while calculating the heating according to formulas 3 (3) and 3 (4) of Appendix No. 2 of Rule 354.

The court denied the claims. In the decision on case No. 2-1406/2017 dated April 6, 2017, he stated: “... The plaintiff's requirement to make payments for utilities only according to the readings of individual metering devices will exclude the payment by the owner of heating costs for general house needs, which is contrary to paragraph 40 of the Rules. Also unfounded is the claim for the recalculation of the heating service according to formulas 3 (3) and 3 (4) of Appendix No. 2 of Rule 354.

Claimant's argument about "more fair and legal payment for utilities for heating" under formulas 3 (3) and 3 (4) of Appendix No. 2 of Rule 354 is unfounded ».

Moscow Regional Court in Appellate ruling of the Judicial Collegium for Civil Cases No. 33-18852/2017 dated June 26, 2017 agreed with the decision of the court of first instance and dismissed the appeal of the owner of the dwelling in the MKD.

By the decision of the judge of the Moscow Regional Court dated September 29, 2017 refused to transfer the cassation appeal for consideration in the court session of the court of cassation.

However, the restless owner turned to the Constitutional Court of the Russian Federation for evidence of his innocence, where he filed an application for recognition of part 1 of Art. 157 of the Housing Code of the Russian Federation, the third and fourth paragraphs of clause 42(1) of Rules 354 are invalid, which on May 31, 2017, September 5, 2017, December 25, 2017 refused him this in all instances. This was followed by an appeal for the recognition of these norms as unconstitutional to the Constitutional Court of the Russian Federation, which adopted the above Resolution on the inconsistency of the Constitution of the Russian Federation with Part 1 of Art. 157 of the LC RF, third paragraph of clause 42(1) of Rules 354.

The Resolution of the Constitutional Court of the Russian Federation on the issue of compliance with the Constitution of the Russian Federation, paragraph 4 of clause 42 (1) of Rules 354 states that “... between topics paragraph four of clause 42(1) of these Rules expressly prescribes taking into account the readings of individual and (or) common (apartment) heat meters to determine the amount of payment for a utility service for heating in the premises of an apartment building, equipped with a collective (common house) heat meter, and therefore in itself cannot be regarded as violating the constitutional rights of the applicant in the aspect indicated by him. Consequently, in this part, his complaint, by virtue of paragraph 2 of Article 43 and Article 68 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", is not admissible, and proceedings in the present case in this part are subject to termination …»

Thus, the Resolution of the Constitutional Court of the Russian Federation considered the issue of compliance with the Constitution of the Russian Federation part 1 art. 157 of the LC RF and the third paragraph of paragraph 42(1) of Rules 354.

The Constitutional Court of the Russian Federation established the following:

Normative regulation of relations in the field of supplying energy resources should be based on the principles arising from the Constitution of the Russian Federation. principles of certainty, fairness and proportionality (proportionality) of introduced restrictions constitutionally significant goals in order to achieve a reasonable balance of the property interests of the participants in these relations, including in relation to the procedure for determining the volume of utility services consumed by owners and users of premises in the MKD and the fees charged for it;

One of the effective legal mechanisms that encourage consumers of communal resources to use them efficiently and rationally, and thus to respect the environment, is the regulation of the procedure for determining fees for utilities, general principles for determining the volume of consumed utilities for calculating the amount of fees for them, including part 1 of Art. 157 LC RF refers accounting for the consumed communal resource, primarily based on the readings of metering devices, the absence of which is compensated by using the calculation method for determining the amount of energy resources, using standards for the consumption of utilities;

The specifics of the MKD as an integral building system, in which a separate room is only a certain part of the volume of the building, which has common enclosing structures with other rooms, in particular office premises, is determined, as a general rule, by the impossibility of the owners and users of individual premises in an apartment building from utilities for heating and thus the impossibility of completely eliminating the cost of paying for the heat energy used to heat the house;

Provisions of the Federal Law "On Energy Saving and Improving Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation" give economically spending thermal energy to consumers of communal services, those who bear the costs of ensuring the safety of individual heat energy meters, their proper operation and timely replacement, grounds for legitimate expectation of a commensurate reduction in heating charges;

The above normative provision of paragraph 3 of clause 42 (1) of Rules 354, by virtue of which the payment for the utility service for heating is determined on the basis of the distribution of the communal resource coming into the MKD as a whole between the owners (owners) of individual premises, taking into account the area of ​​\u200b\u200bthese premises, i.e. without taking into account the readings of individual heat energy meters, in fact, contrary to the prescription of Article 17 (part 3) of the Constitution of the Russian Federation, creates - to the detriment of the interests of law-abiding owners and users of premises in a particular MKD - conditions that encourage dishonest behavior of consumers of this utility service, allowing them to spend thermal energy by assigning part of the payment for it to other consumers (including economically consuming thermal energy);

The possibility of accounting for the actual consumption of thermal energy in the premises of MKD, equipped with appropriate individual metering devices, is determined by the presence of serviceable devices in all other premises of an apartment building. Thus, the constitutional principle of equality is violated, which requires the creation of equal conditions for the exercise of their rights and legitimate interests by persons belonging to the same category (owners and users of premises equipped with ISP thermal energy, in an MKD, in which not all premises have such devices, with on the one hand, and the owners and users of premises in the MKD, all premises of which have the appropriate equipment, on the other), and not allowing differences that do not have an objective and reasonable justification.

Wherein part 1 of article 157 of the LC RF, allowing you to calculate the amount of payment for consumed utilities based on their volume, which is determined by the readings of metering devices, does not share the value of collective (common house) devices and individual metering devices and thereby creates uncertainty that creates the possibility of violating constitutional parameters in the regulation of this issue by the Government of the Russian Federation Federation.

As a result, the Constitutional Court of the Russian Federation made the final conclusions that “... part 1 of article 157 of the Housing Code of the Russian Federation and paragraph three of clause 42 (1) of the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings do not comply with the Constitution of the Russian Federation , its articles 17 (Part 3), 19 (Part 1), 35 and 55 (Part 3), insofar as the 22 interrelated normative provisions contained in them - in the sense given to them in the system of the current legal regulation of law enforcement practice, - do not provide for the possibility of taking into account, when determining the amount of payment for a utility service for heating, the readings of individual heat energy meters in an apartment building, which, upon commissioning, including after a major overhaul, in accordance with regulatory requirements, was equipped with a collective (common house) meter heat energy and residential and non-residential premises in which they were equipped with individual heat energy meters, but their safety in individual premises was not ensured, which leads to a violation of the principles of legal certainty, fairness and proportionality of restrictions on rights and freedoms, as well as the balance of constitutionally significant values, public and private interests."

The Resolution of the Constitutional Court of the Russian Federation states that the Federal Assembly and the Government of the Russian Federation should make the necessary changes to the current legal regulation, including provide for a procedure for determining the payment for a utility service for heating in apartment buildings that are equipped with a collective (common house) heat energy meter and in which not all premises are equipped with individual heat energy meters, taking into account the testimony of the latter.

Until changes are made to the current legislation calculation of payment for heating in MKD, which, upon commissioning, including after a major overhaul, in accordance with regulatory requirements was equipped with a common house heat energy metering device and residential and non-residential premises in which they were equipped with individual metering devices thermal energy, but their safety in separate rooms was not ensured, must be produced according to the model established by paragraph four of clause 42(1) of Rule 354.

Now the “richest participants in market relations” - managing organizations can only wait for these very changes, again taking on the burden of additional financial costs that our state does not want to impose on itself, the “poorest” African countries resource supplying organizations or on the users of communal resources themselves (after all – the electorate!!!).

For some reason, unfortunately, justice, proportionality, reasonableness and balance of property interests in our country in relation to managing organizations in the housing and communal services sector do not work. At least, in the considered Resolution of the Constitutional Court of the Russian Federation there is not a word about this ...

It should be noted that Burmistr.ru provides its clients with legal services. Our team of experienced lawyers, who have already “eaten the dog”, working in the Russian housing and communal services sector, will help with the preparation of letters, petitions, claims, lawsuits, statements, complaints, etc. information about the purpose of its use. And, of course, to advise you on the current activities of managing the MKD. More information about legal services is located.

Sincerely, Ilmira Nosik.

Posted on the official website of the Ministry of Regional Development of Russia

ANSWERS TO QUESTIONS ON THE APPLICATION OF THE RULES FOR THE PROVISION OF PUBLIC SERVICES APPROVED BY THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION OF 06.05.2011 N 354

ANSWERS TO QUESTIONS ON THE APPLICATION OF THE RULES FOR THE PROVISION OF PUBLIC SERVICES,
APPROVED BY THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION OF 06.05.2011 N 354

DETERMINATION OF THE SIZE OF THE PAYMENT WITH THE APPLICATION OF STANDARDS FOR THE CONSUMPTION OF PUBLIC SERVICES

Question
Given that the number of consumers will be determined on the basis of citizens actually permanently and temporarily residing in a residential building, can the contractor make the calculation based on the data he has on the number of registered, or only be guided by the information provided by the consumer himself? And if such information is not provided or does not coincide with the number of registered ones (it will be less), what actions of the performer will be lawful?

Answer
The contractor determines the amount of payment for utilities based on the number of registered citizens and is obliged to recalculate only if the consumer provides documents confirming his temporary absence from the residential premises.
As for citizens temporarily residing and not registered in the residential premises, information about them is provided by the consumer himself to the contractor.


Question
There is no individual water meter in an apartment or residential building. The actual number of residents without registration exceeds the number of those registered. Who is authorized to record the actual number of residents for accrual according to the standards?

Answer
There are no rules on this issue in Rules N 354.
As practice shows, Managing organizations, unilaterally or with the involvement of citizens living in this MKD, draw up acts on living in the living quarters of citizens, on the basis of which they begin to charge utility bills based on the established number of residents.
However, if the owner of such a dwelling applies to the court with a statement about the illegality of the accruals, the courts do not in all cases evaluate the acts of residence drawn up by the managing organization as sufficient evidence of the fact of residence of citizens.
In our opinion, when drawing up such acts of the MA, it is advisable to involve the district police officer, since it is this official who is authorized under the Code of Administrative Offenses of the Russian Federation to draw up protocols on administrative offenses for living at the place of stay without registration.
Based on the check conducted by the district police officer, it becomes possible to establish the personal data of living citizens and subsequently involve them in the trial as witnesses or 3 persons.
In addition, the relevant verification materials may be attached to the case as evidence.

Question
The owners of the apartment are not registered, the tenants actually live in the apartment. How to calculate the payment for cold water supply in the absence of ISP and OPU?

Answer
In this case, it is possible to apply the norm of part 11 of article 155 of the RF LC that the owner’s non-use of the premises (due to the lack of his residence permit) does not exempt such an owner from paying utility bills and charge fees according to consumption standards for the number of owners, guided by and the norm of part 2 of article 153 of the RF Housing Code on the obligation for the owner to pay utility bills from the moment the right of ownership of the premises arises. Or it is possible to establish by a management contract the procedure for activating the facts of consumers' residence in residential premises with the subsequent presentation of such an act and invoices for payment to the owner of the corresponding premises. However, the owner's refusal to pay utility bills based on the number of tenants living with him who are not declared by him as residents will not allow the managing organization to receive the appropriate payment.


Question
If the owner is not registered in the apartment, are accruals made on him?

Answer
In accordance with part 2 of article 153 of the LC RF, the owner is obliged to pay utility bills from the moment of acquiring ownership. In accordance with part 11 of article 155 of the LC RF, non-use of the premises is not a basis for non-payment of utility bills. In case of temporary absence of consumers, the amount of the fee determined on the basis of the consumption norm is recalculated for the period of temporary absence. We believe that when using part 11 of article 155 of the RF LC, it is possible to charge a fee to the owner of the premises in the absence of a statement about the temporary absence of consumers in the corresponding premises.


Question
If the apartment is not owned by one owner, but by 1/2, 1/3, etc. then accruals according to the standards are made for each owner of the apartment?
Answer
Yes, utility bills are determined according to the number of owners (considered to be living before the submission of an application for temporary absence - in accordance with part 11 of article 155 of the RF LC), regardless of the share of each owner in the common shared ownership of the dwelling.


Question
The owner gives notice of his absence within five years. We do not charge services to him, and three other people live in his apartment for all five years (for example, he rents an apartment without notice). How to be in such a situation with accruals?

Answer
In this situation, it is necessary to identify and record the facts of citizens' residence in residential premises and make charges based on the number of citizens living and the established period of their residence. We recommend that the facts of residence of citizens be recorded with the participation of the district authorized police officer, since it is this official who, in accordance with the Code of Administrative Offenses of the Russian Federation, is authorized to consider cases of residence of citizens without registration.

Question
How to make accruals for utilities if unregistered citizens live in the apartment and the owner of the premises does not register them?

Answer
The amount of the fee is calculated based on the number of registered citizens until the fact of residence of other citizens is established and recorded in order to verify compliance with the requirements of administrative legislation on the registration of citizens, or by the managing organization independently with the involvement of other persons.


Question
How to force the owner to send an application to the MA about the presence of unregistered residents living in his apartment. What sanctions can be applied to them? Can a court order them?

Answer
The court cannot oblige the owner to send such a statement.
The sanction that can be applied to the owner is compensation for damages.
The way to protect the right of the managing organization in this case is the claim for compensation for losses caused by the inaction of the owner, who did not report about the residents. The fact of inaction is obliged to prove the managing organization.


Question
If a subject of the Russian Federation has established consumption standards with their entry into force on 01/01/2013, do we have the right to charge according to the old standards?

Answer
Before 01/01/2013 - yes, after - no. At the same time, during the period of application of the old standards for the consumption of utilities, the amount of payment for utilities is subject to determination using the calculation formulas specified in Rules N 354, except for the case when Rules N 307 are applied for heating payments in accordance with Decree of the Government of the Russian Federation N 857.


Question
How to calculate payment for utilities to managing organizations if the subject of the Russian Federation has not accepted no regulations ? We don't have old standards or new ones!

Answer
The new norms for the consumption of public services are understood as the norms adopted by the constituent entity of the Russian Federation with the introduction of them into force after 1.09.2012. and established in accordance with Rules N 306 as amended by Decree of the Government of the Russian Federation of March 28, 2012 No. N 258 "On Amendments to the Rules for Establishing and Defining Standards for the Consumption of Utilities". The old standards mean the standards that were in effect for calculating utility bills before 1.09.12, incl. previously approved by the local government in the period up to 27.07.2010. If, on the territory of the municipality, the standards for the consumption of utilities that were previously approved by the CHI were canceled, then the consumption standards that were in effect before the approval of the canceled ones are most likely to be applied. For these purposes, it is necessary to look at the wording of the canceled normative legal acts of compulsory medical insurance. In the period before the entry into force of the new standards for the consumption of utilities after 1.09.2012. when determining payment for utilities, those standards for the consumption of utilities that were used in settlements with consumers of utilities during the period of validity of Rules N 307, i.e. up to September 1, 2012


Question
How will the payment for CU (specifically for electricity supply) be charged in a communal apartment in the absence of an apartment meter?

Answer
According to clause 50 of Rules N 354, the calculation of the amount of payment for a utility service provided to a consumer living in a room (rooms) in a communal apartment is carried out in accordance with formulas 7, 16 and 19 of Appendix N 2 to the Rules. In accordance with the procedure established by Rules N 354 (the indicated formulas), the readings of room metering devices in a communal apartment that is not equipped with apartment metering devices are not taken into account when calculating the amount of payment for electricity supply services. For such accounting, it is necessary to equip the apartment with an apartment metering device.

Question
How is the amount of payment for utilities calculated in the cases provided for by the Rules in the absence of norms for the consumption of utilities in relation to households approved by the state authorities of the constituent entities of the Russian Federation?

Answer
The payment for utilities consumed when using the land plot and outbuildings is determined according to the current standards for the consumption of utilities, if any. In the absence of such standards, the volume of consumption of the relevant utilities is determined by calculation.

DETERMINING THE AMOUNT OF THE PAYMENT IN THE PRESENCE OF IPU

Question
As in the case of transferring evidence by telephone, identify the subscriber. After all, mistakes, forgeries are possible, how then to prove that the organization did not invent these testimonies? When sending by e-mail, the Subscriber himself indicates his postal address in the application and all messages coming from the specified mailbox are accepted unconditionally, as a written trace remains. With oral transmission, nothing remains.

Answer
When accepting meter readings, it is recommended to set a code, password, etc. for each personal account, allowing the payer to be identified.


Question
According to the period of taking the testimony of the IPU. Rules N 354 determine the deadline for submitting IPU testimony from the 23rd to the 25th (no later than the 26th). It is very problematic to obtain OSS decisions on changing these terms in a short time. Question: if citizens submitted testimonies to the IPU, for example, on the 29th (or on any other day), do we have the right to take into account these testimonies or consider these testimonies not submitted within the period established by Rules N 354 and calculate the average monthly expense?

Answer
According to paragraphs. c) clause 34 of Rules N 354, the consumer is obliged:
- take readings of the IPU in the period from the 23rd to the 25th day of the current month;
- transfer the received testimony to the contractor or a person authorized by him no later than the 26th day of the current month, (except when, in accordance with the Rules, an agreement containing provisions on the provision of public services, and (or) decisions of the general meeting of owners of premises in an apartment building, actions on taking readings of such metering devices, the performer (a person authorized by him) or another organization is obliged to perform.
Thus, the term for the acceptance by the executor of the IPU testimony is from the 23rd to the 26th, inclusive. If the consumer has not fulfilled these obligations within the specified period, the amount of the fee is calculated based on the average monthly volume of consumption in the manner prescribed by clause 59 of Rules N 354.
At the same time, we believe that the readings of metering devices provided after the 26th day of the billing month can be used by the contractor to calculate the payment for utilities for the corresponding month, if this does not violate the deadline for submitting a payment document to consumers established by an agreement with the utility services contractor containing the conditions for providing utilities.

Question
How to determine for what billing period meter readings were taken if consumers transmit these readings by phone, via the Internet?

Answer
Consumers are required to take readings of the IPU in the period from the 23rd to the 25th day of the current month and transfer the received readings to the contractor or a person authorized by him no later than the 26th day of the current month (clause 34 of Rules N 354). If the consumer did not submit the IPU readings to the contractor on time, then the amount of the fee is determined based on the average monthly volume of consumption (clause 59 of Rules N 354). Based on the deadlines established by the Rules, all information about the testimony of the IPU received during the specified period is accepted by the contractor for calculating the amount of the fee for the billing period in which in a timely manner testimonies were transferred, and in case of a long non-submission of testimonies by the IPU - for the settlement periods determined between the dates timely presentation of IPU readings.

Question
How to determine for what period and in what period the readings of the IPU were taken if they were transferred out of time?

Answer
There is no need to establish which indications refer to which period, since in case of late submission of IPU readings in accordance with clause 59 of Rules N 354, the volume of utility service consumption in the billing month is assumed to be equal to the average monthly volume (if the readings are not provided for more than 3 months - according to consumption standards) . In the month of the timely submission of IPI readings, the volume is determined based on the submitted IPI readings minus the amount billed for payment for previous months for which IPU readings were not provided or were not provided on time.


Question
Is it possible for consumers to take and transmit readings of individual or room metering devices at times other than those specified in paragraphs. "c" clause 34 of Rules N 354?

Answer
Possibility of withdrawal and transfer consumers indications of an individual, general (apartment) or room metering device at a time different from the time specified in paragraphs. "c" clause 34 of Rules N 354 is missing.


Question
On the possibility of taking readings of an individual, general (apartment) or room metering device at other times, except from the 23rd to the 25th day of the current month.

Answer
In pp. “c” clause 34 of Rules N 354 contains a provision that the consumer is obliged, in the presence of an individual, general (apartment) or room meter, to take his readings monthly from the 23rd to the 25th of the current month and transfer the received readings to the contractor or a person authorized by him no later than the 26th day of the current month, except in cases where, in accordance with the Rules, the contract, containing provisions on the provision of public services, and (or) decisions of the general meeting of owners of premises in an apartment building, actions to take readings from such metering devices must be performed by the performer (a person authorized by him) or another organization.
In pp. g) of the same Rules states that “The Contractor is obliged: ... In the cases established by these Rules, as well as in cases and terms specified in the contract containing provisions on the provision of public services, and (or) by the decision of the owners of premises in an apartment building , take readings of individual and common (apartment), room metering devices , enter the readings received in the register of readings of the indicated metering devices and use them when calculating the amount of payment for utilities for the billing period for which the readings were taken.
The following conclusions can be drawn from the above paragraphs of the Rules:
If the consumer independently takes and transmits the readings of an individual, general (apartment) or room meter, then in this case he is obliged to do this within the time limits established by paragraphs. c) Clause 34 of Rules N 354, i.e. is obliged to monthly take his testimony in the period from the 23rd to the 25th day of the current month and transfer the received testimony to the executor or a person authorized by him no later than the 26th day of the current month. The specified terms established by the Rules, in our opinion, cannot be changed.
If actions to take readings of individual and common (apartment), room metering devices are required to be performed by the performer (a person authorized by him) or another organization (if such an obligation is assigned to the indicated persons by an agreement containing provisions on the provision of public services, and (or) decisions of the general meeting owners of premises in an apartment building), then the terms and cases of taking readings of the indicated metering devices by the contractor (authorized person) or other organization are established by the relevant agreement or decision of the general meeting of owners of premises.


Question
Is it possible to take into account the readings of the IPU not in the month in which it was put into operation, but from the 1st day of the next month?

Answer
The obligations of the contractor and the consumer to take into account the readings of the IPU from the 1st day of the month following the month in which the IPU was put into operation are established in paragraphs. "y" p.31 and in paragraphs. "and" clause 33 of Rules N 354.


Question
How to apply clause 31 "y", clause 33 "and" and clause 81 paragraph 3 of Rules N 354 with a discrepancy in these paragraphs?

Answer
In our opinion, the provisions of clause 31 “y” and clause 33 “i” should be applied, since they correspond to the procedure for starting calculations based on the readings of newly installed metering devices, based on the provisions of Law N 261-FZ. Discrepancies in these paragraphs are planned to be eliminated by amending the Rules. However, according to such changes previously posted on the website of the Ministry of Regional Development, it is planned to bring the provisions of paragraph 31 "y" and paragraph 33 "and" in accordance with paragraph 81 of Rules N 354.

DETERMINING THE FEES FOR DHW SERVICES WITH OPEN DHW SYSTEM AND AUTONOMOUS DHW SYSTEM

Question
If the cold water and heat supply networks are centralized, can it be considered that the hot water heated in the house is supplied through the centralized ITO networks?

Answer
The current legislation does not contain the concept of centralized IT networks. In accordance with Laws N 190-FZ and N 416-FZ, the concepts of "centralized heat supply system" and "centralized hot water supply system" are given.
Centralized hot water supply refers to the supply of MKD hot water using the municipal infrastructure systems of the settlement, which does not include the equipment of an apartment building involved in the preparation of hot water. Since hot water is prepared inside the house, and only cold water and thermal energy (resources) are supplied to the house, it cannot be considered that the house is connected to the centralized hot water supply networks of the municipal infrastructure of the city.

Question
Is there a regulation for hot water?

Answer
Rules N 306 established the procedure for determining the gas consumption standard for water heating. The standard for the consumption of thermal energy for heating water is not provided for by Rules N306.

Question
How is the amount of heat energy for heating and hot water supply during the heating period determined in houses with an individual heat point with a thermal energy control unit - common for heating and hot water supply?

Answer
The volume (quantity) of thermal energy used in the production of utility services for hot water supply (heating water) during the heating period, in the presence of a meter that records the total amount of thermal energy used in the production of utility services for heating and hot water supply, is determined by the formula:

where:

The volume (amount) of thermal energy for heating needs (V(T)OT) is determined as the difference between the readings of the thermal energy supply system (V(T)) and the amount of thermal energy for the needs of hot water supply (V(T)DHW):
V (T) FROM \u003d V (T) - V (T) GV
The amount of the fee is calculated according to the formula 18, 20 of Appendix No. 2 to Rules N354.
In the non-heating period, V (T) HW should be recognized as equal to V (T) due to the fact that heating services in accordance with Rules N 354 are provided only during the heating period, while utility bills for general house needs in accordance with clauses 54, 70 Rules N 354 is not separately allocated. In this case, the amount of consumed heat energy according to the indications of the operating cost (including heat losses associated with the circulation of hot water in risers and heated towel rails, independent of the volume of hot water consumption and being technological losses to be accounted for in the volume of services at the ODN) in in accordance with formula 20 of Appendix No. 2 to Rules No. 354, it will be distributed among consumers of premises in proportion to the volume of hot water consumption in the premises, which, in our opinion, does not correspond to the essence of the formation of utilities at ODN (Rules No. 306), as well as the principle of their payment in proportion to the area of ​​\u200b\u200bthe premises.


Question
Please explain the procedure for calculating payment for heating and hot water services in accordance with paragraph 18 of Government Decree N 307, provided that it is not possible to separately account for fuel consumption for heating and hot water supply (ITP)?

Answer
The volume (quantity) of thermal energy used in the production of utility services for hot water supply (water heating), in the presence of a meter that records the total amount of thermal energy used in the production of utility services for heating and hot water supply, is determined by the formula:

where:
- the volume (quantity) of hot water determined for the billing period in the i-th residential premises (apartment) or non-residential premises in an apartment building;
- water density, taken equal to 1000 (kg / m3);
- heat capacity of water, equal to 1 kcal / (kg H (o) C);
- temperature of hot water at the tapping point, which meets the requirements for the quality of utilities, for the billing period (°C). In the absence of actual data, it is assumed to be 60°C;
- the average temperature of the initial cold water: in the non-heating period 15°C, in the heating period it is assumed to be 5°C (°C).

The volume (amount) of thermal energy for heating needs (V(T)OT) is determined as the difference between the readings of the thermal energy supply system (V(T)) and the amount of thermal energy for the needs of hot water supply (V(T)DHW):
V (T) FROM \u003d V (T) - V (T) GV
The fee is charged:
for heating services - according to the formula 7.8 of Appendix No. 2 PNavil No. 307;
for hot water services - according to formula 20 of Appendix No. 2 to Rules No. 354.

In the non-heating period, V (T) HW should be recognized as equal to V (T) due to the fact that heating services in accordance with Rules No. 307 are provided only during the heating period, and Rules No. 307 do not provide for payment for utility services consumed on one heating unit. At the same time, payment for utilities for general house needs in accordance with clauses 54, 70 of Rules N 354 is also not allocated separately. In this case, the amount of consumed heat energy according to the indications of the operating cost (including heat losses associated with the circulation of hot water in risers and heated towel rails, independent of the volume of hot water consumption and being technological losses to be accounted for in the volume of services at the ODN) in in accordance with formula 20 of Appendix No. 2 to Rules No. 354, it will be distributed among consumers of premises in proportion to the volume of hot water consumption in the premises.

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On March 27, 2018, Government Decree No. 354 "On the provision of public services to owners and users of premises in apartment buildings and residential buildings" underwent the first change since last year. You can download the full text with the changes for 2018 from our website (in Word.doc), and in this article we want to deal with issues related to the recalculation of the cost of housing and communal services, and also find out what changes were made in 2018.

Changes made to Decree 354 on March 27, 2018

Supplementing Section I of the Rules with paragraph 2(1).

2(1). Notifications provided for by this resolution shall be sent, including using the state information system of housing and communal services.

Amendment of the third paragraph of paragraph 108 of the Rules

What does Decree 354 regulate in the provision of housing and communal services?

354 The Decree was developed to regulate in detail the relationship between consumers of housing and communal services and organizations supplying communal resources, organizations serving the premises of multi-apartment residential buildings. In particular, Decree 354 states:

Legalized rights and obligations of suppliers and consumers of housing and communal services in Russia,
- legal procedures and conditions for concluding contracts for the provision of housing and communal services between suppliers and consumers,
- the procedure for carrying out measures to verify and control the quality of public services provided,
- calculation methods of forming the cost of housing and communal services for consumers with metering devices (meters), and for consumers who do not have such devices,
- the established recalculation of accrued utility bills for situations where no one uses the premises and for situations where the services provided were of poor quality, which include low heating of water for heating batteries (during the heating season), as well as water for supply to the consumer's tap .
- the legal procedure for limiting or temporarily suspending the supply of public services,
- the supposed responsibility of consumers and utility service providers to each other for poor performance of their duties.

Carrying out the recalculation of the cost of housing and communal services according to Resolution 354

The grounds for recalculating the cost of rendered housing and communal services cannot always be made in favor of the consumer. The text 354 of the Decree indicates that the consumer, when he commits illegal actions, for example, with metering devices, may be subject to an administrative fine with the recalculation of payments for housing and communal services. There are several situations in which the recalculation of the cost is possible. Let's list them.

1. Absence of the consumer in the premises for 5 or more days. At the same time, there are several conditions - the premises should not be equipped with metering devices (see section 8 of the RF PP), the absence of the consumer must be documented.

2. Utilities were of inadequate quality and (or) were provided with interruptions exceeding the established duration (see section 9 of the RF GD),

3. The audit revealed a deliberate understatement of indicators by the Consumer (see clause 61 of the RF PP). Underestimations in this case are not related to technological intervention in the operation of the meter,

4. Distortion of meter readings caused by interference (see (clause 62 of the RF PP). This is exactly the case when the recalculation will not be made in favor of the Consumer, and as a result of the proceedings, a Protocol on interference with the operation of the meter will be drawn up.

5. Changing the method of payment for housing and communal services for space heating. The recalculation must be made in the first quarter of the year following the year in which the payment method was changed (according to clause 42 of the RF PP),

6. Malfunction of the meter or damage to the meter seal after the verification period has expired. In this case, the recalculation of the cost of the rendered housing and communal services will be done according to the average monthly meter readings (in accordance with clause 59 of the RF PP), and after the expiration of the period specified in clause 59 of clause 60 of the RF PP - using the standards, and in the event that if the consumer provided the readings of such a meter, the contractor recalculates (see sections 6, 7 of the RF PP),

7. Recalculation is also made if a temporarily resident citizen used the residential premises in the absence of individual or apartment meters (see paragraphs 32, 56, 57 of the RF PP), while payment must be made by a permanently resident consumer.

A citizen of the Russian Federation (each individual) is a consumer of state resources: water (for hot and cold), electricity, etc. The basis for access is an agreement concluded with an enterprise, in this case a utility company (it is also a contractor). The provision of the possibility of recalculation for the absence of such is guaranteed, they can approve a temporary restriction of access, etc. - more specifically, the process is regulated by the Housing Code.

According to the established standards 354 of the Decree of the Government of the Russian Federation (governs relations along with LCD), each citizen is given the opportunity and the right to recalculate payments for services (in this case, utilities). The new edition and the latest changes to it provide the most comprehensive answers to the owners and users of premises / houses (multi-apartment) to all questions of interest. Legally, the guarantor is the state itself, regardless of the city / region, for example, for Moscow it is the MOP.

with latest changes 2016

The creation of Decree 354 of the Government of the Russian Federation dates back to 2011 (May-June). As well as other legislative acts, it requires the introduction of current amendments (based on reality in the housing and communal services), which are made on an annual basis without reference to a period (they can be introduced / planned both for January and May).

The new version of the law (the latest changes) entered into force at the beginning of January of this year (they were introduced at the very end of the past 2015).

Common house needs - to pay or not to pay according to decree 354

According to the latest changes, the general house needs for electricity were also affected by Decree of the Government of the Russian Federation No. 354 (paragraph 44). Now:

The coefficients of drainage standards have been revised (recalculation is in progress);
approved the regulation on the installation of specialized meters;
proposals are being considered to reduce these tariffs (approximately 10-15% reduction);
measures are being taken to stimulate organizations / enterprises (housing and communal services) that provide various types of services (utilities) that are relevant for users of houses (multi-apartment), etc.

Changes in housing and communal services

354 Decree of the Government of the Russian Federation regulates consumer standards for resources and their subsequent payment for owners / users of premises (residential). The new edition clarifies when the accrual for the full package or a separate part of it for public services begins. The latest changes explain: the power of calculation begins to operate from the moment you enter any room or apartment building.

Calculation of the amount of payment for utilities - 354 resolution

354 of the Federal Law of the Government of the Russian Federation regulates the procedure for distributing accounts. There are also instructions there: every citizen (user of an apartment building) is obliged to submit meter readings to employees every month (payment must also be made monthly).

Recalculation for heating

If we consider in more detail 354 of the Federal Law of the Government of the Russian Federation (new edition), it becomes clear that it is planned to reduce tariffs for premises / apartment buildings (the amount of the discount depends on the region). In the current version (last changes), the procedure for paying for utility services has been significantly simplified, for example, payments for heat are now made according to a special system (simplified).

Payment for utilities

354 The Decree of the Government of the Russian Federation on communal services (current version, latest amendments) includes a special appendix, which describes in detail recommendations on calculation standards (replaced data adjustment formula (paragraph 44, paragraph 2), rules and regulations). Measures to control use/consumption have been tightened, and in the current version, special instructions have been given regarding the installation of counting equipment (meters).

Decree 354 with the latest changes 2016 on utilities