Utilities are included. Utilities: what is included? How to establish the fact of improper provision of CG

Memo on protecting the rights of consumers of housing and communal services

The information offered covers questions about the structure of housing and communal services, who is obliged to provide what services.

What applies to public services?

In accordance with paragraph 4 of Art. 154 of the Housing Code of the Russian Federation and the Rules for the provision of utility services to citizens dated May 23, 2006 No. 307, utility services include:

Cold water supply and wastewater disposal;

Hot water supply;

Electricity supply;

Heating (including supply of solid fuel);

Gas supply (including in cylinders).

What applies to housing services?

According to the All-Russian Classification of Services to the Population, approved by Decree of the State Standard of the Russian Federation dated June 28, 1993 No. 163, housing services include:

Current and major repairs of general building equipment of a residential building;

Garbage removal (solid and liquid household waste).

The rules for the provision of utility services to citizens, approved by Decree of the Government of the Russian Federation dated May 23, 206 No. 307, regulate the relations that arise between providers and consumers of utility services, establish their rights and obligations, as well as the procedure for monitoring the quality of services received by citizens.

In accordance with these Rules:

- executor- a legal entity, as well as an individual entrepreneur, providing utility services, producing or purchasing utility resources and being responsible for maintaining in-house utility networks.

The executor can be: a management organization, a homeowners association (HOA), a housing construction cooperative (HBC).

- consumer- a citizen who uses public services for personal, family, and household needs not related to business activities.

Methods of managing apartment buildings:

1. directly by the owners in an apartment building;

2. a homeowners association (HOA) or a housing cooperative;

3. management organization.

It should be borne in mind that if the owners of the premises have not chosen a way to manage their home, then the local government holds an open competition to select a management organization. In this case, the municipality, within ten days from the date of the competition, notifies all owners of the premises about its results. At the same time, citizen-owners are required to conclude management agreements for an apartment building with this management organization.

Apartment building management agreement:

The management agreement for an apartment building is concluded in writing by drawing up one document signed by the parties.

One party to such an agreement is the management organization; the other party is the owner of the premises in an apartment building or the governing body of a homeowners' association, or the governing body of a housing cooperative, or the governing body of another specialized consumer cooperative.

The terms of the agreement for the owners of premises in an apartment building are specified in the decision of the general meeting of these owners. They cannot be changed by the management organization and must be the same for all owners of premises in the house.

Under the management agreement, the management organization, on the instructions of the other party, undertakes to provide services and carry out work for the proper maintenance and repair of common property in the house and to provide utilities for a fee within an agreed period.

The management agreement for an apartment building must indicate:

1. composition of the common property of the apartment building in relation to which management is carried out;

2. a list of services and works for the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list of utilities provided by the management organization;

3. the procedure for determining the price of the contract, the amount of payment for the maintenance and repair of residential premises and the amount of payment for utilities, as well as the procedure for making such payment;

4. the procedure for monitoring the management organization’s fulfillment of its obligations under the contract.

The management agreement is concluded for a period of no less than one year and no more than five years.

What applies to the common property of an apartment building?

The owners of premises in an apartment building own, by right of common shared ownership, premises in this building that are not parts of apartments and are intended to serve more than one premises in this building, including:

inter-apartment landings;

stairs, elevators, elevator and other shafts;

corridors;

technical floors, attics, basements in which there are engineering communications, other equipment serving more than one room in a given house (technical basements);

roofs enclosing the load-bearing and non-load-bearing structures of a given house;

mechanical, electrical, sanitary and other equipment located in a given house outside or inside the premises and serving more than one room;

the land plot on which this house is located, with elements of landscaping and improvement, and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot.

All this property belongs to the owners on the right of common shared ownership. Consequently, the responsibility for its maintenance rests with all owners by paying fees for maintenance and repairs.

Housing and communal services– these are services provided by management companies to ensure comfortable living and maintain the housing stock in good technical condition. What is included in utilities and how to save on them will be discussed below.

What services should be provided

Management companies are required to provide utility services, payment for which is made both from the number of registered people and according to meter readings. Many people are interested in the question of what applies to public services. Russian legislation regulates the provision of housing and communal services (HCS). The list of utilities should include:

• Drinking cold water. Cold water is supplied to residents of apartment buildings around the clock through a central or intra-house water supply. Compliance with all Sanitary and Epidemiological Supervision parameters, the required quality and volume - these are the basic requirements for cold water. If there is no water supply system, the supply is made to the water supply on the street.
• Hot water supplied around the clock through a centralized or local supply system to meet the needs of residents.
• Drainage. Drainage is carried out around the clock via centralized networks or in-house systems. Sewerage must be located in all apartment buildings.
• Electricity supply. Electricity of adequate quality is supplied around the clock to consumers’ apartments via a centralized power supply network.
• Gas supply. Gas is supplied to apartments around the clock via centralized gas supply networks. Gas supply also includes the provision of gas cylinders.
• Heating. Hot heating is supplied during the cold season, providing residents with warmth. It is also necessary to heat common areas to maintain optimal temperatures.

Other services, such as waste removal, repairs and maintenance of housing, are classified as housing services. Various organizations can provide all housing and communal services:

• (HOA);
• Housing or housing construction cooperatives;

ODPU fee

Today, payment is mainly carried out according to the standards of management companies. The best option would be to pay for the actual volume provided. For this purpose, metering devices are installed in all apartments today. Residents transmit data to the management company, which calculates the readings and presents an invoice in the form of an EPD.

By law, apartment buildings must have communal metering devices installed to help accurately determine resource consumption.

Today, the MTPL fee is calculated as follows:

• The readings of individual metering devices in each apartment are taken into account, and housing and communal services are calculated based on them;
• Part of the ODPU data is added to the readings for a separate apartment and added to the EPD.

This is how utilities are paid.

The procedure for paying for communal housing and communal services

The 2012 rules for the provision of public utilities allowed heating standards to be calculated in a new way. Previously, you had to pay for the entire home area; today, heating common areas is not included in housing and communal services costs. There is also no need to pay for general sewerage. Firm standards have been established for the consumption of total hot and cold water - 90 liters per person every month.

Management companies are aimed at saving common housing and utility services. If the limited standard is exceeded, then the difference is paid by the management organization, not the residents. The exception is HOAs, where the owners themselves decide to pay the difference. If housing and communal services are provided by a resource supplier, then the excess is divided between consumers taking into account the occupied square meters.

Failure to provide utilities

If utility services turn out to be improper, for example, they do not burn, then the consumer can draw up a report about this. Residents must record the violation of their rights. To do this, the tenant, two neighbors and the chairman of the house council draw up a statement describing the violations. Failure to provide housing and communal services is considered from the date of signing the document.

If DEZ does not clean the territory or repair entrances for a long time, then the following must be done:

1. Write a collective complaint of all consumers to the management organization. Demand that the problems that have arisen be resolved by the management company within a certain period.
2. Apply in person to the management organization. It should indicate all the shortcomings of the work and demand that they be corrected and that those responsible be held accountable for this.
3. If these steps do not affect the DEZ, then it is necessary to go to court.

Contract for the provision of utilities

The management organization provides utility and housing services under a written agreement in accordance with the new Rules. DEZ or another management company concludes it in the case of providing services to a tenant. The Rules specify the terms for the provision and requirements for payment of utility services.

Any consumer has the right to receive housing and communal services that ensure the convenience of living in the house and control its technical condition. For tenants and tenants of housing, a lease or rental agreement must be drawn up. In the absence of a written agreement, the tenant may be denied utility services.

Obligations of companies providing housing and communal services

Expense items for housing and communal services management companies also include expenses that they must fulfill. Every consumer must know what he ultimately pays for and what relates to housing services. Organizations providing housing and communal services must:

1. Maintain the temperature in hallways and apartments at the proper level.
2. Monitor the presence of lighting in entrances and local areas.
3. Clean the local area, remove garbage, comply with the requirements of the Sanitary and Epidemiological Supervision.
4. Monitor compliance with fire safety standards.
5. Monitor the technical condition of basements, attics and roofs.
6. Perform all necessary seasonal work.
7. Spend money to maintain common property in proper condition.
8. Monitor the condition of common areas.

The rental agreement may also contain additional clauses that are added individually at the request of consumers. You can find out what may be included in utility bills, and which housing and utility services the management company is required to provide, by contacting the DEZ. This is required when doubts arise about the proper operation of housing and communal services organizations, as well as in case of improper performance of their duties by management structures.

How to reduce your utility bill

Tariffs for housing and communal services are constantly increasing, so many consumers are looking for ways to reduce the composition of utilities in order to make expenses lower. This can be done by submitting an application to your management company to waive some housing and communal services. It is impossible to refuse all of them, since heating, for example, is supplied through a common system, and it is almost impossible to turn it off in a separate apartment. You can disable the following utilities:

1. If residents do not use a television antenna, then it is worth contacting the service organization and asking them to disconnect the cable. This will reduce the cost of the EPD.
2. Today, few people use a radio point, so you can refuse this type of housing and communal services in the DEZ.

If housing and utility services are not provided, it is necessary.

To pay for received housing and communal services, it is necessary to install individual metering devices. Every month you need to transfer the data taken from them to the management company. Those who do not have such devices pay higher standards. If they refuse to install them, residents and tenants overpay by more than 50%. Therefore, installing meters will help track resource consumption and reduce utility bills.

Refusal of unnecessary utilities is regulated Law “On Protection of Consumer Rights”.

Utilities have become a part of people's daily lives. It is difficult to imagine even a day of life without the usual electricity, hot and cold tap water and heating in winter.

• providing housing with water;
• provision of electricity;
• gas supply;
• elevator maintenance (if the building has them)
• heating provision.

Various specialized organizations provide certain types of services.

Typically, contracts with suppliers are concluded apartment building management companies.

However, certain services (for example, gas supply) are connected directly under an agreement between the homeowner and the service provider.

Who can provide public services to citizens:

• housing cooperatives;
• specialized companies that can provide this type of service.

Utility providers sell them, and therefore for them there is a monthly fee. The rules for calculating services will be discussed below.

Rules for providing services to owners

These rules are developed on the basis of legislation in this area. defined for each service provided.

Each of the services is provided according to the contract, concluded between the one who provides the service and the one who receives it.

The service agreement is concluded for an indefinite period. It can be changed or terminated on the basis of the relevant legislative clauses of the Rules.

The contract must be agreed upon with regional control services.

The consumer can legally protest his rights if he does not agree with something in the text of the contract.

The mode under which services are provided must necessarily comply with legislative standards and be confirmed by technical documents.

For example:

1. For heating, sanitary standards must be such that they determine the temperature in the rooms established by the contract during the entire period for which the service is provided.
2. Electricity must be supplied according to standard around the clock. Wastewater must be removed continuously and efficiently and cold water must be supplied.
3. The pressure of the supplied gas must meet the standard parameters specified in the contract throughout the year.
4. The service provider is also obliged to ensure the safety of using elevators if they are installed in the house.
5. The organization responsible for waste disposal must ensure its complete removal, creating sanitary and epidemiological safety.

Possible deviations from the service regime established by the contract must be specified in the signed contract.

Calculation of utility tariffs

A tariff is the cost of a utility resource supplied to a home (for example, the price 1 m3 of gas or cost 1 kW/h electricity).

Tariffs for services are determined by the municipal service or regional committee, which calculates the cost of utility bills. The same service installs .

The standard is average resource consumption, corresponding to the degree of improvement of the apartment or house.

Tariffs are set based on the cost of supplying resources, i.e. depends on the costs borne by their supplier.

This includes costs for:

• construction, uninterrupted operation of all utility networks;
• fuel and raw materials;
• purchase of electricity and heat;
• wages for supplier employees.

Each region has its own utility tariffs. This depends on various factors:

• duration of the cold period,
• temperatures in cold weather,
• remoteness from sources of electricity, fuel and gas.

Calculation of resource consumption volume

If an apartment or house has meters for water, gas and electricity, they are paid according to the meters.

If there are none, there are special standards for the supplied resource per person.

Heating is in a special place. According to the decree of June 1, 2013, the payment for the provision of heating is not divided into 2 periods. According to the new rules heating fees are distributed evenly throughout the year and without dividing the payment for its consumption for the needs of residential premises and for general house needs.

But the amount of payment and heating standards, as before, are determined based on the duration of the cold period in the region.

What is the payment procedure for the resources provided?

. Now this is not a problem and you can do this, for example, through:

• bank, by personally visiting the utility payment window;
• the bank, writing an application to deduct payment from income passing through the bank account;
• terminal, for example, the terminal of Sberbank of Russia;
• Internet.

Many banks provide the opportunity to pay for utilities via the Internet 24/7.

Recalculation of service fees

Recalculation of payment for consumed utility services is possible in the cases specified in the Regulations on the procedure for recalculation.

Recalculation is possible if a person leaves for a long time and does not have water and gas meters. But such recalculation is done in cases where a person warns about leaving in advance.

There is no recalculation of elevator maintenance and rent.

If the fact of the citizen’s return during the period indicated by him as the period of absence is established, the fee for services is charged in full.

Suspension and restriction of the supply of individual resources

Limiting a utility service is a reduction in the quantity supplied to the consumer.

Suspension of the service or its limitation does not mean that the contract is terminated.

Without notification, this situation is possible when:

• an emergency or threat of an emergency has occurred,
• repair work is carried out in utility networks to avoid emergency situations or repair and restoration work after an accident.

Services may also be suspended in case of unfounded debts to pay them.

If a citizen cannot pay for “utilities” for a good reason, he. In this case, services are only limited for the period of registration of the right to a subsidy.

Where to go if you are overcharged?

If you think that your tariffs are too high, you can check this by contacting the regional tariff control service or the housing and communal services department. You can also contact the prosecutor's office if the regulatory agencies did not help you.

Resources whose supply paid by meters, in the quantities they show, proof that you used the service in the quantities indicated. As a rule, there are no disputes here.

If there is no counter, controversial situations often arise. But payments can be recalculated if there is documentary evidence.

It is illegal, for example, to include the area of ​​a loggia or balcony in the heating calculation.

Video: Innovations in charging for utility services

The video talks about the new rules for calculating payments for housing and communal services in 2017:

When receiving a monthly receipt, owners of apartment buildings see the line “Housing Maintenance.” However, not everyone knows what this wording hides and what they have to pay for. Let's look at what is included in the payment for housing maintenance.

The main list of services that are included in the maintenance of an apartment building includes:

1. Inspection by specialized services for safety (for example, employees of the Ministry of Emergency Situations).
2. Lighting of common areas. Despite the inclusion of this service in the list, residents often change light bulbs themselves. However, to eliminate this shortcoming in the work of the HOA, it is enough to file a complaint.
3. Cleaning the local area and common areas.
4. Timely waste disposal.
5. Carrying out repair work.

This list is basic. However, often even this minimum set of services is not provided to the owners. If any mandatory work is not being carried out in your house, and the receipt consistently indicates payment for housing maintenance, this is a reason to contact the HOA or management company with a complaint.

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In addition to the above services, this payment item may also include other work. As a rule, a complete list is established on the general apartment building, which is carried out by the management company or HOA.

This issue must be brought up for discussion and agreed upon. For example, residents can refuse to clean common areas and do it themselves by setting a specific schedule.

If there was no general meeting on this issue, then, accordingly, the list of services is not specified. In such a situation, the management company or homeowners association arbitrarily determines what the tariff will be and what will be included there. However, in fact, residents will not know what exactly they are paying for, and therefore proper services are often not provided. This happens everywhere.

What to do if there was no meeting? Become the initiator of its organization. A representative of the management company will be present at the meeting.

Let's figure out what else may be included in the payment for housing maintenance.

Is the intercom fee included?

This issue is highly controversial. Of course, interested parties, that is, residents, must pay for the installation, maintenance and repair of the intercom. But there can be two options:

1. The intercom was installed by government agencies. This doesn't happen often. If the equipment was installed at the initiative of the residents at a meeting by management staff, then maintenance of the intercom will be included in the maintenance payment.
2. The intercom was installed by the apartment owners. If residents independently raised funds for the installation of equipment and periodically collect additional money for its maintenance, then the intercom should not be included in the housing maintenance tariff.

As a rule, despite the non-involvement of the management company in the installation of an intercom, this article is often included in the payment for the maintenance of an apartment building. This happens due to the dishonesty of employees. Unfortunately, the inspection authorities do not understand at whose expense it was installed, and the residents themselves do not notice the difference - after all, paying for an intercom is not significant for the majority.

Is solid waste removal included?

With municipal solid waste there can be one of three situations:

1. Solid waste and other garbage are removed, but the owners do not pay specifically for this service. In fact, this is how it should be - removal of solid waste and garbage is included in the contents and does not appear as a separate column in the receipt.
2. Residents refuse to take out their garbage themselves. There must be grounds for such a decision to be made at a general meeting. For example, owners can calculate the costs and hire a private company to provide the service.
3. Solid waste and other garbage are removed, but residents pay for this separately. This is a gross violation.

If you notice that garbage removal is indicated in a separate column on the receipt, you must file a collective complaint. At first glance, the amount for providing this service is insignificant, but over time, very significant costs accumulate.

Seasonal work

In addition to all of the above, there are also seasonal jobs, which are also included in the maintenance fee. This list includes:

• roof repair;
• repair of ventilation equipment;
• repair of gutters;
• garbage chute repair;
• installation and strengthening of railings and stairs;
• repair of canopies at the entrance to the entrance;
• replacement of doors and windows;
• caring for the local area (painting fences, removing leaves, snow, etc.);
• landscaping of the local area;
• care of children's playgrounds;
• emergency maintenance;
• watering flower beds, etc.

This list may vary, since the list of works is established in the agreement between the owners and the HOA or management company. Residents decide which services to use and which they can do without at a general meeting.

How is the payment tariff for housing maintenance determined in 2017?

Let's consider the tariff structure. It includes:

1. Hiring fee. This item is included in the tariff for tenants.
2. Payment for repair work.
3. Payment for cleaning common areas.
4. Maintaining order in common areas (including lighting, minor repairs)
5. Major renovation.

If all these payments are charged as a separate line, along with the “housing maintenance” column, we can talk about a violation. Such actions of the Criminal Code are the basis for filing a complaint. In response to a collective complaint, employees of the management company or HOA are obliged to take action and correct the violation.

If you are refused to correct receipts, you must contact Rospotrebnadzor. When this institution did not help you, you will have to sue.

In addition, if we are talking about municipal or public housing, then it is worth noting one important nuance. The tenant is not obliged to pay for major repairs, since this is the direct responsibility of the owner, established by law.

How to calculate the tariff for housing maintenance and repairs?

The amount of payment is determined based on the proposals of the management company. The budget is calculated for a period of at least a year.

When preparing a list of works and services for an apartment building, the management company calculates an estimate. On its basis, the volume of cost of these works is formed. This procedure is prescribed in clause 35 of the Rules for the maintenance of common property of an apartment building, approved by Decree of the Government of the Russian Federation No. 491 of August 13, 2006.

In 2017, this payment is calculated using the following formula:

Payment amount = (Tariff x Sq) + (N x Smop x Sq/Stot), where:

• tariff – the rate established by the municipality;
• Sq – apartment area;
• N – consumption standard established by the municipality;
• Smop – area of ​​common areas;
• Stotal – the total area of ​​the premises of an apartment building.

As a rule, calculations are made using specialized programs. The receipt indicates the total amount of the required payment.

Is it possible not to pay for housing maintenance?

No you can not. This responsibility is assigned to the owners of the premises of an apartment building in Art. 158 Housing Code of the Russian Federation.

These costs can be reduced by eliminating certain types of services at the general meeting. The refusal of residents must be agreed upon with authorized representatives of the management company or HOA.

As a rule, owners refuse services related to a specific entrance. For example, you can refuse to clean staircases. However, then residents must agree to do the cleaning themselves.

If you encounter any difficulties or identify illegal charges, please contact a lawyer for advice. You can get free legal assistance on our website. Enter your question in the special window.

If the quality of work or services is inadequate, you should contact the management company with a request to reduce the established tariff. If the complaint does not help, in the future you should contact Rospotrebnadzor, and then go to court.