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All conscious citizens are interested in the current rules for determining the amount of payments for public utilities currently installed.

Therefore, in accordance with the provisions of Decree 354, important significant nuances can be determined and certain answers can be given regarding the legality of certain actions.

Every citizen of the Russian Federation is considered a consumer of real public resources. The basis for the provision of such resources is an agreement concluded with public utilities.

In accordance with the Law under consideration, all citizens of the Russian Federation have the opportunity to exercise recalculation of payments for the provision of public services. The updated version and the additions developed to it provide comprehensive information for owners and ordinary users of residential premises regarding possible situations that arise. In legal relations, the state itself acts as a guarantor.

What is covered in this law

The signing of the Decree was carried out in June 2011. Similar to other existing legislative acts, this Decree does require the definition of several very significant amendments, which are formulated in permanent basis without specific reference to any period.

In accordance with the latest changes introduced, the general house needs of citizens for the supply of electricity are also considered in this regulatory act.

We suggest paying attention to changes relevant today:

In the decision in question clearly regulated approved norms of consumption and further payment for various resources by owners or ordinary users of residential premises. The updated version will provide clarifications in certain period, more specifically, when charging for a full-fledged package of services is carried out.

Decree No. 354 explains in detail not only rules of work and the procedure for depositing cash funds as payment for the services of territorial communal organizations and housing and communal services, but is also considered a specially developed project, the current provisions of which must be complied with. The procedure for fulfilling the conditions and additional documentation must be given in the annex to the resolution.

From September of the following year, planned distribution for a specific performer. Starting from 2016, citizens are exempted from the obligation to regularly provide readings of measuring instruments that record the consumption of a communal apartment. After making certain adjustments to the resolution under consideration, a simplified payment scheme for heat begins to operate.

If we consider question of community needs, then the current resolution indicates a scheme for revising the coefficients of the current rules for water disposal. It also provides for a procedure for equipping systems that ensure the satisfaction of general house needs with measuring instruments. The President of the Russian Federation signed a decree, according to which the established tariffication should be reduced by about 10-15%, taking into account the specific region of residence.

IN heating billing issues living quarters this year have been adjusted set tariffs. In this situation, citizens can count on a reduction in the cost of certain services by approximately 15%. On the provision of utilities, a new section has been added that describes the rules for supplying heat to apartment buildings. Starting from this year, the corresponding decision of the Government came into effect.

If general house needs are taken into account, then payment must be made in accordance with the current tariff plans. All comprehensive information on this issue can be obtained from the housing and communal services. If the electricity supply is interrupted for some time, a mandatory recalculation will be carried out in accordance with the established tariffs.

Responsibility of the parties

On performer Responsibility is assigned to domestic law in such situations:

If the contractor has violated the rules for providing sufficient quality services, the consumer can count on exemption from the need to pay for them. Also, the consumer in such a situation can claim a penalty to the extent stipulated legislative framework RF.

The performer may expect exemption from liability for the provided low-quality utilities in a situation where the deterioration occurred due to insurmountable circumstances or as a result of the actions of the consumer himself. The insurmountable obstacles are not related to the committed violations of obligations by the contractors of the approved contractor, the lack of the necessary funds to ensure the quality of the services provided.

Regardless of whether any contract was concluded between the performer and the consumer, compensation for damage as a result of the provision of insufficiently high-quality public services, it is still provided for by law. If a certain damage has been caused to the life or health of the consumer, compensation is provided for within the next 10 years from the date of provision of insufficiently high-quality service. Maximum term filing a lawsuit for the possibility of considering the fact of damage to the consumer is 3 years.

If the service provider causes damage to the health or property of the consumer for certain reasons, the latter must draw up an appropriate act in several copies (one for each party to the agreement, if one was signed). If the consumer, in order to restore the violated right through the fault of public utilities, has incurred certain expenses, he can count on their subsequent reimbursement.

Recalculation procedure

The recalculation of payments for certain utility services rendered during the period when the consumer was temporarily absent from the residential premises is carried out in the manner determined by the norms of domestic legislation.

For such services not applicable space heating.

Recalculation available in a situation where there are no metering devices in the living room, the installation of which is impossible for technical reasons. If it is not possible to confirm that there is no real technical possibility of installing meters, or in a situation where faulty meters are not repaired in accordance with the prescribed instructions, the recalculation procedure will not be carried out. Utilities provided for general house needs are not subject to any recalculation in the absence of the consumer in the dwelling.

Recalculation of payments for the provided utilities is performed taking into account the number calendar days falling on the absence of a consumer in a residential area. The date of departure and arrival is not included in the total number of days of absence. The recalculation is traditionally performed by the contractor within the next 5 business days from the date of receipt of the notice from the consumer in the form of a signed application.

The quality of services provided by contractors must necessarily comply with the standards established by domestic legislation. If the consumer does not receive what he pays for, he has the right to demand compensation.

Recent Key Changes

Decree No. 354 regulates certain requirements for payment documentation, for example, invoices, receipts for paying rent.

The main change is the need strict indication of the size of ODN(general house needs) in certain places of the issued payment document.

The new rules also indicate the need for prior adoption of appropriate measures by the owner, who has a non-working measuring device. An act indicating that the meters are not functioning properly is drawn up in advance. The organization involved in the installation or repair of measuring devices can be chosen arbitrarily by the consumer of utilities. In the first days of each month, accruals are made in accordance with the indicators of the counters.

Here are the latest changes, introduced by the Government of the Russian Federation in Decree No. 354, which you should pay attention to:

1. All accruals for general house needs (water disposal, heating, electricity, cold and hot water) are now classified as housing and are included in the expense item for residential premises.
2. When calculating common house costs, a formula is now used that determines the balance between the readings of accounting common house and apartment devices. In the absence of meters installed on the house, the amount of general house deductions is determined based on the area of ​​\u200b\u200bthe apartment and total amount areas of common property (calculated proportionally).
3. Standards have been introduced that should be applied when calculating general house expenses. After the start of their application, all excesses will be paid at the expense of the HOA or management companies.
4. If the owner of the apartment was temporarily absent, then the recalculation of energy costs will be carried out only if there are meters for gas and water in the room. Otherwise, the owner will need to document the fact of his absence, after which he will be recalculated.
5. If no one is registered in the apartment, then deductions for housing and communal services are calculated depending on the number of owners.

This legislation is described in the following video lecture:

The main document regulating legal relations in the field of housing and communal services, along with the Housing Code of the Russian Federation, are the Rules for the provision of public services to owners and users of premises of residential buildings and MKD. This Rules approved by Decree of the Government of the Russian Federation No. 354 dated May 6, 2011. The last changes to the document were made on February 23, 2019.

IN this review you will learn summary Rules for the provision of public services, you will find answers to the most interesting questions and you can download the full text of the Decree of the Government of the Russian Federation 354 of 05/06/2011 with the changes that are relevant for 2019.

Decree 354 with the latest changes of 2019 on utilities - basic concepts

The rules for the provision of public services regulate in detail the relationship between owners and users of residential premises with organizations that supply communal resources to MKD and service the premises of an apartment building. In particular, the Rules establish:

• rights and obligations of performers and consumers of housing and communal services;
• the procedure and conditions for concluding a contract for the provision of housing and communal services;
• the procedure for carrying out measures to control the quality of public services;
• the method of forming the cost of housing and communal services, both in the case of the presence of metering devices (meters), and in their absence;
• recalculation rules utility bills both in a situation where no one uses the premises, and if the service provided is of poor quality. The most common example of the provision of a poor quality utility service is the lack of proper heating of batteries in winter and the low temperature of hot water in the tap;
• the procedure for limiting and suspending the supply of public services;
• responsibility of consumers and utility service providers for improper performance their duties.

The rules approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354 introduce and decipher the following concepts.

Intra-house engineering systems- mechanisms and engineering communications located on the land plot of an apartment building and inside the house, designed to supply utility resources from the central networks directly to the house. They are the common property of the owners of MKD.

In-house equipment- equipment that is intended for the consumption of utilities inside a residential or non-residential premises. This equipment is not part of the internal engineering systems.

Dmastery- a residential building or a part of it, together with outbuildings adjoining it - a bathhouse, a sauna, a garage, a swimming pool, a greenhouse, a chicken coop, etc.

ANDindividual metering device(counter)- a means of changing the volume of consumption of communal resources in residential or non-residential premises, as well as households. The most common meters are for water and electricity. IN Lately battery-powered heat meters are gaining popularity.

ANDperformer – entity or individual entrepreneur providing utility services to the consumer;

TOcollective (common house) metering device- a means of measuring the consumption of communal resources in the MKD.

TOcommunal services– activities to provide consumers with communal resources in order to create safe and favorable conditions exploitation of residential and non-residential premises in MKD, as well as households. Since April 1, 2017, municipal services include the management of municipal solid waste (MSW).

TOcommunal resources- these are used to provide housing and communal services to consumers:

• cold water;
• hot water;
• Electric Energy;
• thermal energy;
• heating medium in the form of hot water open systems heat supply (hot water supply);
• domestic gas in cylinders;
• solid fuel in the presence of stove heating.

From April 1, 2017, wastewater is equated to communal resources, the discharge of which occurs through centralized networks of engineering and technical support (Decree 354 of the Government of the Russian Federation with latest changes 2017).

TOroom electric energy meter- a measuring instrument used to determine the volume of electricity consumption in one or more residential premises occupied by the consumer in a communal apartment;

Hliving quarters in an apartment building- these are premises that are not included in the common property of the MKD, are not residential. This is indicated in the design or technical documentation. Such premises include underground garages and parking lots, parking spaces, etc. (as amended, effective from January 1, 2017 - RF GD dated December 26, 2016 N 1498).

Hutility consumption standard- a quantitative indicator of the volume of consumption of a communal resource, approved in the prescribed manner by the authorities state power constituent entities of the Russian Federation and used to calculate the amount of payment for a utility service in the absence of metering devices and in other cases provided for by these Rules.

ABOUTcommon (apartment) metering device- a measuring instrument (a set of measuring instruments and additional equipment), used to determine the volume (quantity) of consumption of a communal resource in a communal apartment;

Pconsumer- the owner of premises in an apartment building, residential building, home ownership, as well as a person who, on another legal basis, uses premises in an apartment building, residential building, home ownership, consuming utilities;

Rdispenser- a device used in an apartment building equipped with a collective (general house) heat energy meter, and which allows you to determine the share of consumption of utility services for heating attributable to a separate residential or non-residential premises in which such devices are installed, in the total consumption of utility services for heating in all residential and non-residential premises in an apartment building in which distributors are installed;

Rresource supplying organization- a legal entity, regardless of the organizational and legal form, as well as an individual entrepreneur selling communal resources;

Ccentralized engineering networks- a set of pipelines, communications and other structures designed to supply communal resources to in-house engineering systems (outputs Wastewater from house engineering systems);

WITHthe degree of improvement of an apartment building or residential building- a qualitative characteristic of an apartment building or residential building, determined by the presence and composition of in-house engineering systems that ensure the provision of utility services to consumers of the types that can be provided using such in-house engineering systems.

Thus, the Rules operating on the basis of Decree of the Government of the Russian Federation 354 of 05/06/2011, as amended for 2019, concretize and expand the concepts that are given in the Housing Code of the Russian Federation only in general view. In particular, only such concepts as “residential premises” and “managing organization” are deciphered in the Housing Code of the Russian Federation.

Answers to interesting questions about Resolution 354

Let's talk about the most interesting issues for consumers of utility services that are resolved by the "Rules for the provision of housing and communal services." Naturally, they are associated with the formation of the cost of utilities and the ability to recalculate if these services were not provided or were of poor quality.

How is the cost of housing and communal services formed?

The procedure for calculating and paying utility bills is determined in accordance with Chapter VI Rules, (approved by Decree of the Government of the Russian Federation 354 of 05/06/2011, as amended in 2019). In particular, it states that:

• behind billing period one calendar month is taken;
• the cost of housing and communal services is formed by the contractor on the basis of tariffs established in the Russian Federation;
• in a constituent entity of the Russian Federation, a decision may be made to establish a social norm for the consumption of electrical energy for a certain category of consumers - in this case, the cost of utilities is calculated based on this norm, paid at a reduced tariff;
• tariffs can be set differentially: for each separate group consumers; by time of day - day / night;
• the owner of the household pays not only for the communal resources that the house is supplied with, but also for the resources that are used to operate the outbuildings;
• the amount of the payment for the utility service provided to the consumer in a residential area equipped with an individual or common (apartment) meter, with the exception of the payment for the utility service for heating, is determined based on the readings of such a meter for the billing period using a special formula 1 contained in the application No. 2 to the Rules;
• in the absence of metering devices, the cost of utilities is calculated based on consumption standards in accordance with formulas 4 and 5 of Appendix No. 2 to the Rules;
• payment for utility services for heating is carried out in one of two ways - during the heating period or evenly throughout the calendar year;
• the method of payment for utility services for heating during the heating period is applied from the beginning of the heating period in the year following the year in which the state authority of the constituent entity of the Russian Federation decided to choose such a method, and the method of payment for utility services for heating evenly throughout the calendar year - from July 1 of the year following the year in which the public authority of the constituent entity of the Russian Federation decided to choose such a method;
• the volume of thermal energy consumed in non-residential premises of MKD is determined either taking into account the readings of metering devices, or in case of their absence, according to the standards. The same applies to other communal resources that are spent on ODN;
• in the absence of a centralized hot water supply and the use of heating equipment installed in a residential building, no payment for a utility service for hot water supply is charged;
• if the residential premises are not equipped with utility meters, the cost is calculated according to the standards for each person living in this premises. It is stipulated that everyone who lives in this room for more than 5 days is taken into account.The contractor has the right to draw up an act on the establishment of the number of citizens temporarily residing in residential premises in order to calculate the cost of services. The cost is calculated proportionally, based on the number of days of residence of temporary consumers in this residential area;
• the cost of housing and communal services is calculated according to the average monthly meter reading in the event of a meter failure or expiration of its service life - from the date or billing period when these events occurred, until the date when the metering of the communal resource was resumed, but not more than 3 billing periods in a row for residential premises and no more than 2 settlement periods in a row for non-residential premises;
• the cost of the housing and communal services service is calculated according to the average monthly meter reading in the event that the consumer fails to provide meter readings, starting from the billing period for which no readings are provided up to the billing period (inclusive) for which the consumer provided the contractor with meter readings, but not more than 3 billing periods in a row;

More details about the features of the calculation of utilities can be found in the chapter VI Rules approved by Decree 354 with the latest amendments of 2019 “On the provision of public services…”

How to recalculate utility bills?

The basis for the recalculation of utilities is provided for in Decree of the Government of the Russian Federation of 05/06/2011 N 354. They are contained in different paragraphs of the Rules. Not in all cases we are talking on recalculation in favor of the consumer. For example, paragraph 62 of the Rules refers to the recalculation in favor of the resource supplying organization, when the consumer interfered with the operation of the meters, distorted the readings, for example, using popular neodymium magnets. Here is a complete list of when recalculation is possible:

• temporary absence of the consumer (more than 5 days, which is documented) in the occupied residential premises, where there is no technical possibility of installing metering devices (section 8 of the RF PP);
• provision of public services inadequate quality and (or) with breaks exceeding the established duration (section 9 of the RF PP);
• change in the method of payment for heating services (recalculation is made in the first quarter of the year following the year in which the method of payment was changed (clause 42 of the RF PP);
• understatement of meter readings by the consumer, revealed by verification (clause 61 of the RF PP);
• malfunction of the meter or damage to the seal after the verification period has expired (calculation is carried out according to the average monthly readings of the meter 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 standards, and if the consumer provided readings such a meter, the contractor recalculates (sections 6.7 of the RF PP);
• distortion of readings due to unauthorized interference in the operation of meters or connections (clause 62 of the RF PP);
• use of residential premises by temporarily resident consumers in the absence of individual or apartment meters (see clauses 32, 56, 57 of the RF PP), while payment must be made by a permanently resident consumer

Open laying of unprotected insulated wires directly on the bases, on rollers, insulators, on cables and trays should be carried out:

1. At voltages above 42 V in rooms without increased danger and at voltages up to 42 V in any rooms - at a height of at least 2 m from the floor level or service platform.

2. At voltages above 42 V in areas with increased danger and especially dangerous - at a height of at least 2.5 m from the floor level or service platform.

These requirements do not apply to descents to switches, sockets, starting devices, shields, wall-mounted lamps.

IN industrial premises descents of unprotected wires to switches, sockets, devices, shields, etc. must be protected from mechanical influences up to a height of at least 1.5 m from the floor level or service platform.

In domestic premises industrial enterprises, in residential and public buildings, these slopes may not be protected from mechanical influences.

In rooms accessible only to specially trained personnel, the height of openly laid unprotected insulated wires is not standardized.

2.1.53

In crane spans, unprotected insulated wires should be laid at a height of at least 2.5 m from the level of the crane trolley platform (if the platform is located above the crane bridge deck) or from the crane bridge deck (if the deck is located above the trolley platform). If this is not possible, then protective devices must be provided to protect the personnel on the trolley and crane bridge from accidentally touching the wires. A protective device must be installed along the entire length of the wires or on the crane bridge itself within the location of the wires.

2.1.54

The height of the open laying of protected insulated wires, cables, as well as wires and cables in pipes, boxes with a degree of protection of at least IP20, in flexible metal hoses from the floor level or service platform is not standardized.

2.1.55

If unprotected insulated wires intersect with unprotected or protected insulated wires with a distance between the wires of less than 10 mm, then additional insulation must be applied to each unprotected wire at the intersection.

2.1.56

When crossing unprotected and protected wires and cables with pipelines, the clear distance between them must be at least 50 mm, and with pipelines containing flammable or flammable liquids and gases, at least 100 mm. If the distance from wires and cables to pipelines is less than 250 mm, wires and cables must be additionally protected from mechanical damage at a length of at least 250 mm on each side of the pipeline.

When crossing hot pipelines, wires and cables must be protected from high temperature or must be appropriate.

2.1.57

When laying in parallel, the distance from wires and cables to pipelines must be at least 100 mm, and to pipelines with flammable or flammable liquids and gases - at least 400 mm.

Wires and cables laid parallel to hot pipelines must be protected from high temperatures or must be of an appropriate design.

2.1.58

In places where wires and cables pass through walls, interfloor ceilings or exit to the outside, it is necessary to provide the possibility of changing the electrical wiring. To do this, the passage must be made in a pipe, duct, opening, etc. In order to prevent the penetration and accumulation of water and the spread of fire in places of passage through walls, ceilings or exits to the outside, gaps between wires, cables and a pipe (duct, opening etc.), as well as reserve pipes (ducts, openings, etc.) with an easily removed mass from fireproof material. The seal must allow replacement, additional laying of new wires and cables and ensure the fire resistance of the opening is not less than the fire resistance of the wall (ceiling).

2.1.59

When laying unprotected wires on insulating supports, the wires must be additionally insulated (for example, with an insulating pipe) at the points of passage through walls or ceilings. When these wires pass from one dry or wet room to another dry or wet room, all wires of one line can be laid in one insulating pipe.

When wires pass from a dry or damp room to a damp one, from one damp room to another damp one, or when wires exit a room to the outside, each wire must be laid in a separate insulating pipe. When exiting a dry or damp room into a damp or outside building, wire connections must be made in a dry or damp room.

2.1.60

On trays, supporting surfaces, cables, strings, strips and other supporting structures, it is allowed to lay wires and cables close to each other in bundles (groups) various shapes(for example, round, rectangular in several layers).

The wires and cables of each bundle must be fastened together.

2.1.61

In boxes, wires and cables are allowed to be laid in layers with an ordered and arbitrary (loose) mutual arrangement. The sum of cross sections of wires and cables, calculated according to their outer diameters, including insulation and outer sheaths, should not exceed: for deaf ducts 35% of the duct cross section in the light; for boxes with opening lids 40%.

2.1.62

Permissible long-term currents for wires and cables laid in bundles (groups) or in multilayers should be taken into account with reduction factors that take into account the number and location of conductors (cores) in the bundle, the number and relative position of bundles (layers), as well as the presence of unloaded conductors.

2.1.63

Pipes, boxes and flexible metal sleeves of electrical wiring must be laid in such a way that moisture cannot accumulate in them, including from the condensation of vapors contained in the air.

2.1.64

In dry, dust-free rooms, in which there are no vapors and gases that adversely affect the insulation and sheath of wires and cables, it is allowed to connect pipes, ducts and flexible metal hoses without sealing.

The connection of pipes, ducts and flexible metal hoses with each other, as well as with ducts, electrical equipment cases, etc., must be performed:

in rooms that contain vapors or gases that adversely affect the insulation or sheaths of wires and cables, in outdoor installations and in places where oil, water or emulsion can get into pipes, boxes and sleeves - with a seal; the boxes in these cases should be with solid walls and sealed with solid covers or deaf, split boxes - with seals at the split points, and flexible metal sleeves - sealed;

in dusty rooms - with sealing of joints and branches of pipes, sleeves and ducts to protect against dust.

2.1.65

Compound steel pipes and boxes used as grounding or zero protective conductors must comply with the requirements given in this chapter and Ch. 1.7.

Clause 61 of the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved by the Government of the Russian Federation of 05/06/2011 No. 354 (hereinafter referred to as Rules 354) provides for the obligation of the utility service provider to recalculate if, when checking the reliability of information about the readings of an individual meter (hereinafter - IPU) discrepancies between the information provided by the consumer and the actual testimony of the IPU were revealed. In this article, we will analyze the cases in which the recalculation is carried out in accordance with paragraph 61 of Rule 354, and the cases in which this rule is not applicable.

What does paragraph 61 of Rule 354 state?

To quote paragraph 61 of Rule 354: 61. If, in the course of the verification of the reliability of the information provided by the consumer about the readings of individual, general (apartment), room meters and (or) verification of their condition by the contractor, it is established that the meter is in good condition, including the seals on it are not are damaged, but there are discrepancies between the readings of the checked meter (distributors) and the volume of the communal resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of the utility service fee for the billing period preceding the check, then the contractor is obliged to recalculate the amount of the utility service fee and send to the consumer, within the time limits established for payment of utility services for the billing period in which the contractor carried out the check, a request to pay additional charges for utility services provided to the consumer or a notice of the amount of utility charges overcharged to the consumer. Excessive amounts paid by the consumer are subject to offset when paying for future billing periods.

The recalculation of the amount of the fee must be made on the basis of the testimony of the metering device being checked, taken by the contractor during the verification.

At the same time, unless the consumer proves otherwise, the volume (quantity) of the communal resource in the amount of the identified difference in the readings is considered to be consumed by the consumer during the billing period in which the contractor conducted the check».

From the above rule it follows:

1. The recalculation of payment for a utility service is carried out in compliance with a number of requirements:
1.1. " The recalculation of the amount of the fee must be made on the basis of the readings of the meter being checked taken by the contractor during the verification»;
1.2. " The contractor is obliged ... to send to the consumer, within the time limits established for payment of utilities for the billing period in which the contractor conducted the check, a request for additional charges for utilities provided to the consumer or a notice of the amount of utility fees overcharged to the consumer. Excessive amounts paid by the consumer are subject to offset when paying for future billing periods»;
1.3. " The volume (quantity) of the communal resource in the amount of the revealed difference in the readings is considered to be consumed by the consumer during the billing period in which the contractor conducted the check», « unless proven otherwise by the consumer».

2. Recalculation is made in the event of a number of circumstances:
2.1. " There are discrepancies between the readings of the checked meter (distributors) and the volume of the communal resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service". It is important to note that the norm directly indicates the discrepancy between the actual readings of the device not with the normative volume of consumption, not with the average monthly volume, not with some information received by the performer from other sources (predicted, calculated, taken by analogy, from the words of neighbors, etc. ) and not with the readings of previous settlement periods, namely with " amount of communal resource, which was submitted by the consumer performer»;
2.2. This discrepancy was found in the course of the verification of the reliability of the information provided by the consumer on the indications of individual, general (apartment), room metering devices and (or) verification of their condition»;
2.3. " The meter is in good condition, including the seals on it are not damaged».

Inspection cases

Since paragraph 61 of Rule 354 establishes that the discrepancy between the readings of the meter being checked and the volume of consumption provided to the contractor by the consumer is established during the check, we will indicate what kind of check we are talking about and in what cases such a check is carried out.

The analyzed norm, in terms of describing the nature of the verification, literally establishes: “ checking the reliability of information provided by the consumer about the readings of individual, general (apartment), room metering devices and (or) checking their condition”, that is, we are talking about three options for checking:
1. verification of the reliability of information provided by the consumer about the readings of individual, general (apartment), room metering devices;
2. checking the status of individual, common (apartment), room metering devices;
3. verification of the reliability of information provided by the consumer about the readings of individual, general (apartment), room metering devices and checking the status of individual, general (apartment), room metering devices.

It should be noted that when conducting a check for the purpose of applying paragraph 61 of Rules 354, in any case, a third type of check is necessary (a comprehensive check of both the readings of the device and its condition), since the performer, by virtue of the requirements of paragraph 61 of Rules 354, must establish that " the meter is in good condition, including the seals on it are not damaged”, that is, when checking only the reliability of information about the readings of the device, in any case, it is necessary to check its condition, and when checking only the state of the device to assess the reliability of its readings, these readings must be checked. Thus, a textual construction that allows considering three types of checks separately seems to be absolutely redundant, although legally no violation is seen.

Therefore, in this article we will talk about a comprehensive check of both the readings of the meter and its condition (hereinafter referred to as Check).

According to subparagraph "g" of paragraph 31, the contractor is obliged to carry out Checks, however, this rule does not establish the timing and frequency of such Checks.

Paragraph 82 of Rule 354 confirms the above rule:
« 82. The contractor is obliged:
a) check the condition of installed and commissioned individual, common (apartment), room metering devices and distributors, the fact of their presence or absence;
b) to verify the reliability of information provided by consumers about the readings of individual, general (apartment), room metering devices and distributors by comparing them with the readings of the corresponding metering device at the time of the check (in cases where the readings of such metering devices and distributors are carried out by consumers)».

Section 83 of Rule 354 sets limits on the frequency of Checks:
« 83. The checks specified in paragraph 82 of these Rules must be carried out by the contractor at least once a year, and if the metering devices being checked are located in the consumer's living quarters, then no more than once every 3 months».

Subparagraph “d” of paragraph 32 of Rule 354 partially duplicates paragraph 83 and additionally establishes limits on the frequency of Checks for devices installed in non-residential premises and outside premises and households. According to subparagraph "d" of paragraph 32 of Rules 354, the contractor has the right to conduct Checks, but not more than 1 time in 3 months if the meter is installed in a residential area or household, and not more than 1 time per month if the meter is installed in a non-residential indoors, as well as outside the premises and households in a place that the performer can access without the presence of the consumer. At the same time, according to subparagraph “g” of paragraph 34 of Rules 354, the consumer is obliged to allow the contractor to the occupied residential premises or household for Checking at a time agreed in advance in the manner specified in paragraph 85 of Rules 354, but not more than 1 time in 3 months.

The above norms do not establish specific terms for conducting Inspections, but only establish restrictions. Some regulations establish more specific deadlines for conducting Inspections in individual cases.

For example, according to subparagraph "k (4)" of paragraph 33 of Rules 354, the consumer has the right to demand Checks from the contractor. The Contractor, in accordance with subparagraph "e (2)" of paragraph 31 of Rule 354, is obliged to carry out the Verification at the request of the consumer within 10 days after receiving such an application.

The parties to the agreement containing provisions on the provision of public services, that is, the contractor and consumers of public services, are vested with the right and obligation to determine the specific timing of the inspections. Subparagraph “i” of paragraph 19 of Rule 354 establishes: “ An agreement containing provisions on the provision of public services should include: the frequency and procedure for the contractor to check the presence or absence of individual, common (apartment), room meters, distributors and their technical condition, reliability of information provided by the consumer about the readings of such metering devices and distributors».

Non-submission of IPU readings by the consumer

Another case of verification is regulated by paragraph 84 of Rule 354, which establishes: “ If the consumer fails to provide the contractor with the readings of an individual or common (apartment) meter for 6 consecutive months, the contractor no later than 15 days from the date of expiration of the specified 6-month period, another period established by the contract containing provisions on the provision of public services, and (or) decisions general meeting owners of premises in an apartment building, is obliged to carry out the verification specified in paragraph 82 of these Rules and take readings from the meter».

Previously, an article "" was published on the AKATO website, which caused a lot of controversy on the issue of whether the service provider, having carried out the Verification on the basis of paragraph 84 of Rules 354, recalculates the amount of payment for the utility service in accordance with paragraph 61 of Rules 354, since the volume of service actually consumed , determined according to the readings of the device for the period of non-submission of readings, does not coincide with the volume presented for payment for the specified period, calculated on the basis of the average monthly volume and / or consumption standard.

Let's analyze this question.

Paragraph 84 indeed obliges to carry out a Check after 6 months of non-submission by the consumer of information about the readings of the meter. Paragraph 61 indeed establishes that, based on the results of the Check, the contractor is obliged to make a recalculation, however, it should be noted that the recalculation is made in the case, “ if during the verification of the reliability of information provided by the consumer about the readings of individual, general (apartment), room meters and (or) verification of their condition by the contractor, it is established by the contractor that the meter is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the checked meter (distributors) and the volume of the communal resource that was presented by the consumer to the contractor ».

If the consumer did not provide the contractor with information about the readings of metering devices, that is, the volume of consumed communal resource presented by the consumer is not defined, then it is impossible to determine the discrepancy between the actual readings of the metering device and those presented by the consumer, and since it is the cost of this volume of discrepancy that is the size recalculation, then the size of the recalculation is not subject to determination.

Therefore, it is precisely in the event that the consumer does not provide information about the readings of the metering device, clause 61 of Rules 354 is not applicable.

At the same time, paragraph 84 of Rules 354 obliges the contractor, when conducting the Check, after a 6-month period of non-submission of meter readings by the consumer, to take readings of this meter. However, not a single rule indicates that the contractor is obliged to apply the testimony taken when determining the amount of the recalculation, including the use of the testimony taken by the contractor is not provided O and paragraph 61 of Rule 354.

Application of paragraph 61

Based on the foregoing, clause 61 of Rules 354 applies only if, during the Verification, the fact of the consumer transmitting unreliable meter readings is revealed. Such a Check can be carried out either at the initiative of the contractor (subparagraph "g" of paragraph 31, subparagraph "d" of paragraph 32, paragraph 82 of Rule 354), or at the initiative of the consumer (subparagraph "e (2)" of paragraph 31 and subparagraph "k (4 )" of paragraph 33 of Rules 354), or in accordance with the approved contract for the provision of public services in the manner and frequency (subparagraph "i" of paragraph 19 of Rules 354).

Consider examples of the application of paragraph 61 of Rule 354.

Example 1

Let the performer check the consumer metering device on the first day of the month N1 and establish that the readings of the IPU of cold water consumption are 100 cubic meters. In month N2, the consumer submitted meter readings of 102 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer informed the executor of IPU readings of 105 cubic meters, the executor presented for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer informed the executor of IPU readings of 107 cubic meters, the executor presented for payment the consumption of 2 cubic meters of water for month N3. In the same month, N4, the contractor conducted a Check of the meter and found that the transmitted readings of the meter are unreliable, and in fact the device at the time of the Check shows 110 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:
- sets the discrepancy volume in the amount of 3 cubic meters (110-107);
- sends to the consumer, within the period established for paying for the volume of water for the month N4, a request for making an additional charge in the amount of the cost of 3 cubic meters of water;
- if the consumer in the month N5 transmitted the readings of the device in the amount of 112 cubic meters, then the contractor in the month N5 presents for payment for the month N4 the discrepancy revealed in the volume of 3 cubic meters and the volume transferred by the consumer is 2 cubic meters (112-110), then there are only 5 cubic meters.

On a monthly basis, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 5 cubic meters, total - 12 cubic meters. It is 12 cubic meters that makes up the difference between the readings of the meter at the time of the Check in month N1 (100 cubic meters) and the readings of the device transmitted by the consumer in month N5 (112 cubic meters).

Example 2

Let in the above Example 1, the performer, during the Check in month N4, found that the actual readings of the IPU are 106 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:
- sets the discrepancy volume in the amount of 1 cubic meter (107-106);
- sends to the consumer, within the period established for paying for the volume of water for the month N4, a notification on the amount of the excessively accrued payment for water in the amount of 1 cubic meter to the consumer;
- if the consumer in the month N5 transmitted the readings of the device in the amount of 109 cubic meters, then the performer in the month N5 takes into account the overpaid volume of 1 cubic meter and the volume of 3 cubic meters transferred by the consumer (109-106), that is, only 2 cubic meters .

On a monthly basis, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 2 cubic meters, total - 9 cubic meters. It is 9 cubic meters that makes up the difference between the readings of the meter at the time of the Check in month N1 (100 cubic meters) and the readings of the device transmitted by the consumer in month N5 (109 cubic meters).

Inapplicability of paragraph 61

Example 1

The contractor presented to the consumer for payment in the month N5 for the month N4 the volume of 3 cubic meters, in the month N6 for the month N5 - 3 cubic meters and in the month N7 for the month N6 - 3 cubic meters. In month 7, the contractor conducted a Check and found that the readings of the meter are 15 cubic meters. The performer defines these readings as the initial readings of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and recalculation in accordance with clause 61 of Rule 354 is possible only if the IPU readings are unreliable.

Despite the fact that, according to the testimony of the IPU, for 6 months the consumer consumed 15 cubic meters (15-0), he was presented with payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually paid for 3 cubic meters not consumed by him, but this is exactly the procedure established by the current legislation.

Example 2

Let the executor take into account the IPI of the consumer from the first day of the month N1 and establish that the indications of the IPI of cold water consumption are 0 cubic meters. In month N2, the consumer submitted meter readings of 2 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer informed the executor of IPU readings of 5 cubic meters, the executor presented for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer informed the contractor of IPU readings of 9 cubic meters, the contractor presented for payment the consumption of 4 cubic meters of water for month N3.

Further, the consumer stopped transmitting the meter readings to the contractor, and the contractor began to calculate according to the average monthly readings of the meter (), which for three months amounted to (9-0) / 3 = 3 cubic meters

The contractor presented to the consumer for payment in the month N5 for the month N4 the volume of 3 cubic meters, in the month N6 for the month N5 - 3 cubic meters and in the month N7 for the month N6 - 3 cubic meters. In month 7, the Contractor conducted a Check and found that the meter reading was 20 cubic meters. The performer defines these readings as the initial readings of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and recalculation in accordance with paragraph 61 of Rule 354 is possible only if unreliability is detected transferred by the consumer to the contractor IPU readings.

Despite the fact that according to the testimony of the IPU for 6 months, the consumer consumed 20 cubic meters (20-0), he was presented with payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually consumed 2 cubic meters of water more than he paid for, but this is exactly the procedure established by the current legislation. The indicated 2 cubic meters will increase the amount of communal resources consumed in the maintenance of common property, and will be a loss for the utility services provider.

conclusions

Establishes that the contractor is obliged to recalculate if, during the verification of the reliability of the information provided by the consumer about the readings of individual, general (apartment), room meters and (or) checking their condition by the contractor, it is established that the meter is in good condition, in including the seals on it are not damaged, but there are discrepancies between the readings of the checked metering device (distributors) and the volume of the communal resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service for the billing period preceding the verification.

The specified norm is applicable only if the consumer provided the contractor with false information about the readings of the meter, but is not applicable if the consumer did not report the IPU readings to the contractor at all.

Note: The analysis of paragraph 61 of Rules 354 was carried out at the request of Yugo-Zapadnoye LLC.
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