Clause 34 of rules 354. VI. The procedure for calculating and paying utility bills. Heating recalculation

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

What does paragraph 61 of Rule 354 establish?

Let us quote paragraph 61 of Rule 354: “ 61. If, during the verification of the reliability of information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the inspected meter (distributors) and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for utility services for the billing period preceding the inspection, then the contractor is obliged to recalculate the amount of payment for utility services and send to the consumer, within the deadlines established for payment of utilities for the billing period in which the contractor carried out the inspection, a requirement to make an additional charge for the utilities provided to the consumer or a notification of the amount of the utility fee overcharged to the consumer. Excess amounts paid by the consumer are subject to offset when paying for future billing periods.

The amount of the fee must be recalculated based on the readings taken by the contractor during the inspection of the meter being checked.

In this case, unless the consumer proves otherwise, the volume (quantity) of the utility resource in the amount of the identified difference in readings is considered consumed by the consumer during the billing period in which the contractor carried out the check».

From the given norm it follows:

1. Recalculation of fees for utility services is carried out in compliance with a number of requirements:
1.1. " The amount of the fee must be recalculated based on the readings taken by the contractor during the inspection of the meter being checked.»;
1.2. " The contractor is obliged ... to send to the consumer, within the deadlines established for payment of utilities for the billing period in which the contractor carried out the inspection, a request for an additional charge for the utility services provided to the consumer or a notification of the amount of the utility fee overcharged to the consumer. Excess amounts paid by the consumer are subject to offset when paying for future billing periods.»;
1.3. " The volume (quantity) of a utility resource in the amount of the identified difference in readings is considered consumed by the consumer during the billing period in which the contractor carried out the check», « unless the consumer proves otherwise».

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

Cases of inspections

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 inspection, we will indicate what kind of inspection we are talking about and in what cases such an inspection is carried out.

The analyzed norm, in terms of describing the nature of the verification, literally establishes: “ checking the accuracy of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition", that is, we are talking about three verification options:
1. checking the accuracy of the information provided by the consumer about the readings of individual, common (apartment), room metering devices;
2. checking the condition of individual, common (apartment), room metering devices;
3. checking the reliability of information provided by the consumer about the readings of individual, common (apartment), room metering devices and checking the condition of individual, common (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 instrument readings and its condition), since the performer, by virtue of the requirements of paragraph 61 of Rules 354, must establish that “ the metering device 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 condition of the device to assess the reliability of its readings, these readings must be checked. Thus, a textual structure that allows three types of checks to be considered separately seems completely unnecessary, although legally no violation is discerned.

Consequently, 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 Inspections, however, this norm does not establish the timing and frequency of such Inspections.

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

Clause 83 of Rule 354 sets limits on the frequency of Inspections:
« 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 residential premises, then no more than once every 3 months».

Subclause “d” of clause 32 of Rule 354 partially duplicates clause 83 and additionally establishes restrictions on the frequency of inspections of 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 Inspections, but no more than once every 3 months if the metering device is installed in a residential premises or household, and no more than once a month if the metering device is installed in non-residential premises, as well as outside premises and households in a place to which the performer can have access without the presence of the consumer. In this case, according to subparagraph “g” of paragraph 34 of Rules 354, the consumer is obliged to allow the contractor into the occupied residential premises or household for Inspection at a time previously agreed upon in the manner specified in paragraph 85 of Rules 354, but not more than once every 3 months.

The above standards do not establish specific deadlines 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 Rule 354, the consumer has the right to demand verification from the contractor. The Contractor, in accordance with subparagraph “e(2)” of paragraph 31 of Rule 354, is obliged to carry out verification at the request of the consumer within 10 days after receiving such a statement.

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

Failure by the consumer to provide IPU evidence

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

Previously, an article “” was published on the AKATO website, which caused a lot of controversy on the question of whether the service provider, having carried out an inspection on the basis of paragraph 84 of Rules 354, is obliged to recalculate the amount of payment for a utility service in accordance with paragraph 61 of Rules 354, since the actual volume of service consumed , determined from 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 according to the average monthly volume and/or consumption standard.

Let's analyze this issue.

Clause 84 indeed obliges an Inspection to be carried out after 6 months of failure by the consumer to provide information about the meter readings. Clause 61 indeed establishes that, based on the results of the Verification, the contractor is obliged to make a recalculation, however, it is necessary to note that the recalculation is made in the case “ if during the verification of the reliability of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the metering device being checked (distributors) and the volume of utility resource that was presented by the consumer to the contractor ».

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

Consequently, it is precisely in the case of the consumer’s failure to provide information about the readings of the metering device that paragraph 61 of Rule 354 is inapplicable.

In this case, paragraph 84 of Rules 354 obliges the contractor, when conducting an Inspection, after a 6-month period of failure by the consumer to provide meter readings, to take the readings of this device. However, not a single norm indicates that the executor is obliged to use the testimony taken when determining the amount of recalculation, including the use of the testimony taken by the executor is not provided O and paragraph 61 of Rule 354.

Application of paragraph 61

Based on the foregoing, paragraph 61 of Rules 354 applies only if, during the inspection by the contractor, the fact of the consumer transmitting unreliable meter readings is revealed. Such an inspection can be carried out either at the initiative of the contractor (subparagraph “g” of paragraph 31, subparagraph “g” of paragraph 32, paragraph 82 of Rules 354), or at the initiative of the consumer (subparagraph “e(2)” of paragraph 31 and subparagraph “k(4) )" paragraph 33 of Rules 354), or in accordance with the approved agreement on the provision of public services in the manner and frequency (subparagraph "and" of paragraph 19 of Rules 354).

Let's look at examples of the application of paragraph 61 of Rule 354.

Example 1

Let the contractor check the consumer's metering device on the first day of month N1 and determine that the readings of the cold water consumption indicator are 100 cubic meters. In month N2, the consumer provided meter readings of 102 cubic meters, the contractor submitted for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer reported to the contractor the readings of 105 cubic meters of water, the contractor submitted for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer provided the contractor with a reading of 107 cubic meters of water, the contractor submitted for payment the consumption of 2 cubic meters of water for month N3. In the same month N4, the contractor carried out an inspection of the metering device and found that the transmitted readings of the metering device were unreliable, but in fact the device at the time of the inspection showed 110 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:
- sets the volume of discrepancy at 3 cubic meters (110-107);
- sends to the consumer, within the period established for payment for the volume of water for the month N4, a request to make an additional charge in the amount of the cost of 3 cubic meters of water;
- if the consumer in month N5 provided instrument readings in the amount of 112 cubic meters, then the contractor in month N5 presents for payment for month N4 the identified discrepancy in the volume of 3 cubic meters and the volume transferred by the consumer of 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. Exactly 12 cubic meters is the difference between the meter readings at the time of the Check in month N1 (100 cubic meters) and the meter readings transmitted by the consumer in month N5 (112 cubic meters).

Example 2

Suppose that in the above Example 1, the performer, when conducting an Inspection in month N4, established 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 volume of discrepancy at 1 cubic meter (107-106);
- sends to the consumer, within the time limit established for payment for the volume of water for the month N4, a notification of the amount of the overcharged consumer for water in the amount of 1 cubic meter;
- if the consumer in month N5 provided instrument readings in the amount of 109 cubic meters, then in month N5 the contractor 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 meter readings at the time of the Check in month N1 (100 cubic meters) and the meter readings 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 a 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 carried out an inspection and found that the meter readings were 15 cubic meters. The contractor 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 Rules 354 is possible only if the unreliability of the readings of the IPU is revealed.

Despite the fact that, according to the IPU readings, the consumer consumed 15 cubic meters (15-0) for 6 months, he was presented for 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 the 3 cubic meters he did not consume, but this is exactly the procedure established current legislation.

Example 2

Let the contractor accept the consumer's IPU for accounting from the first day of month N1 and establish that the readings of the IPU for cold water consumption are 0 cubic meters. In month N2, the consumer provided meter readings of 2 cubic meters, the contractor submitted for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer reported to the contractor the readings of 5 cubic meters of water, the contractor submitted for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer reported to the contractor the IPU readings of 9 cubic meters, the contractor submitted for payment the consumption of 4 cubic meters of water for month N3.

Then the consumer stopped transmitting meter readings to the contractor, and the contractor began to make calculations based on the average monthly meter readings (), 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 a 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 carried out an inspection and found that the meter readings were 20 cubic meters. The contractor determines 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 Rules 354 is possible only if unreliability is detected transferred by the consumer to the contractor IPU readings.

Despite the fact that, according to the IPU readings, the consumer consumed 20 cubic meters (20-0) for 6 months, he was presented for 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 precisely the procedure established by current legislation. The specified 2 cubic meters will increase the volume of utility resources consumed in the maintenance of common property and will be a loss to the utility service provider.

Conclusions

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

This rule is applicable only if the consumer has transferred to the contractor false information about the meter readings, but is not applicable if the consumer did not inform the contractor of the IPU readings at all.

Note: The analysis of paragraph 61 of Rules 354 was carried out at the request of Yugo-Zapadnoe LLC.
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GOVERNMENT OF THE RUSSIAN FEDERATION

ABOUT THE PROVISION OF PUBLIC SERVICES
TO OWNERS AND USERS OF PREMISES IN MULTI-Apartment buildings
HOUSES AND RESIDENTIAL BUILDINGS

c) come into force after 2 months from the date of entry into force of the changes that are made to the Rules for establishing and determining standards for the consumption of utility services specified in paragraph four of subparagraph “b” of paragraph 4 of this Resolution;

d) in the territories of the Republic of Crimea and the city of Sevastopol are subject to application to legal relations that arose after July 1, 2015;

e) are used when determining the amount of payment for utilities paid by tenants of residential premises in dormitories included in the housing stock of organizations carrying out educational activities, taking into account the Rules for determining the amount of payment for utilities paid by tenants of residential premises in dormitories included in the housing stock of organizations engaged in educational activities, under rental agreements for residential premises in a dormitory, approved "On the Rules for determining the amount of payment for utility services paid by tenants of residential premises in dormitories included in the housing stock of organizations engaged in educational activities, under rental agreements for residential premises in the dormitory."

3. Establish that explanations on the application of the Rules approved by this Resolution are given by the Ministry of Construction and Housing and Communal Services Russian Federation.

4. To the Ministry regional development Russian Federation:

a) submit within 2 months in agreement with the Ministry of Energy of the Russian Federation and with the participation of interested federal bodies executive branch to the Government of the Russian Federation proposals for improving the Rules for the supply of gas to meet the municipal and domestic needs of citizens, approved by the Government, and the main operating provisions retail markets electrical energy, approved by Decree of the Government of the Russian Federation of August 31, 2006 N 530;

b) within 3 months:

approve in agreement with Federal service according to tariffs approximate form payment document for payment of fees for the maintenance and repair of residential premises and the provision of utilities, as well as methodological recommendations by filling it out;

approve, in consultation with the Federal Antimonopoly Service, the approximate terms of the management agreement for an apartment building;

submit, in agreement with the Ministry of Economic Development of the Russian Federation and the Federal Tariff Service in the prescribed manner, to the Government of the Russian Federation a draft act on amending the Rules for establishing and determining standards for the consumption of utility services, approved, providing, among other things:

exclusion from the volumes of utility resources taken into account when determining standards for the consumption of utility services in residential premises, the volumes of utility resources provided for the maintenance of the common property of an apartment building, and standard technological losses of utility resources;

the procedure for establishing standards for the consumption of utility services for general household needs;

the procedure for establishing standards for the consumption of utility services, with the exception of gas supply, when using land and outbuildings;

c) within a 5-month period, approve, in agreement with the Ministry of Economic Development of the Russian Federation, approximate terms of an energy service agreement aimed at saving and (or) increasing the efficiency of consumption of utilities when using common property in an apartment building;

d) within a 6-month period, approve the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of the inspection report to determine the presence (absence) of the technical feasibility of installing such metering devices and the procedure filling it out.

5. Recommend to authorities state power subjects of the Russian Federation to approve standards for the consumption of utilities in residential premises, standards for the consumption of utilities for general house needs, standards for the consumption of utilities when using a land plot and outbuildings no later than 2 months from the date of entry into force of the changes that are made to the Rules for the establishment and determination of standards consumption of utilities specified in paragraph four of subparagraph “b” of paragraph 4 of this Resolution.

6. To recognize as invalid from the date of entry into force of the Rules approved by this Resolution:

Decree of the Government of the Russian Federation of May 23, 2006 N 307 “On the procedure for providing utility services to citizens” (Collection of Legislation of the Russian Federation, 2006, N 23, Art. 2501), with the exception of paragraphs 15 - 28 of the Rules for the provision of utility services to citizens approved by the specified resolution (in terms of the procedure for calculating the amount of payment for utility services for heating), and paragraphs 1 - 4 of Appendix No. 2 to these Rules (in terms of the procedure for calculating the amount of payment for utility services for heating), which become invalid on July 1 2016;

We ask you to reconsider clause 42.1 of Rules 354 since in this edition it contradicts the Legislation of the Russian Federation.

The state has made it obligatory for owners to equip their premises with meters to record the consumption of utility resources. (Article 13 261 Federal Law, Article 157 LC, paragraph 80 of Rules 354). According to Article 13 261 of the Federal Law, paragraphs 81, 31g, 31a, 33a of Rules 354, Rules 1034, the house management agreement, according to the meters accepted for operation, the consumed utility resources must be accrued from the 1st day of the next reporting period. And also the owners have the right to receive, as well as management company provide utility resources of adequate quality in required volumes. Accounting for the volume of consumption of utility resources is determined by metering devices. The rights of citizens of the Russian Federation are protected by the state, Articles 2 and 15 of the Constitution of the Russian Federation and the Law on the Protection of Consumer Rights.

Clause 42.1 of Rule 354 determines the procedure for calculating heat from the actual presence of individual heat meters in an apartment building, which is practically impossible to achieve for many reasons. Law-abiding citizens of the Russian Federation should not suffer from violators of order and laws. The procedure for calculating heat should be determined by the design of the building: “if at least one room in an apartment building cannot be equipped with a heat meter, then heat insulation units cannot be installed in all rooms.”

In order for owners to install meters, Government Decree N1380 of the Russian Federation was put into effect and formula 3.3 for heating calculations of Rule 354 was adopted.

In paragraph 81 of Rules 354, specifically indicate the document determining the presence/absence of the possibility of installing heat metering devices.

The cost of installing a heat meter costs an average of 20-25 thousand rubles.

The question is who will spend money and time on installing a heat meter if they don’t count on it? And the reason for the refusal is funny, because the drunkard neighbor did not install it, did not trust it in time, or the neighbor is on a long business trip and cannot replace the meter in a timely manner, the apartment is under arrest.

Starkova Nadezhda Vasilievna

Member of the Council of House 8 Order Bearers, Yekaterinburg, 620010

[email protected]

COMMENTS

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Tosya
21.02.2019, 11:28

It will take a very long time before they come to a common consensus, because... paying residents under ISP is not profitable for the management company, and the current formulas, to put it mildly......

Catherine
15.08.2018, 17:21

On July 10, 2018, the Constitutional Court of the Russian Federation declared the provisions of Part 1 of Art. 157 of the Housing Code of the Russian Federation, as well as paragraphs 3 and 4 of clause 42.1 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings. As the Constitutional Court indicated, the federal legislator must make the necessary changes to the current legal regulation, providing for a more efficient and fair procedure for determining fees for thermal energy.

And how much time will it take to eliminate unconstitutionality and 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. Months or Years?

The rules for the provision of utility services regulate in great detail the content and procedure for concluding an agreement for the maintenance of residential buildings, the provision and accounting of utility services. The main responsibility for activities in this direction rests with management companies. For each type of utility service, two payments are introduced: for consumption directly inside the apartment and for consumption for general house needs. Measures for the maintenance of common property include measures for energy saving, installation and reading of metering devices, as well as maintenance costs information systems according to accounting. These payments are entered on the payment receipt as a separate line. The resolution determines general order concluding an energy service agreement in residential buildings with payment for its results separately from payment for utilities.

On May 23, information was published on the approval of new Rules for the provision of utility services. New Rules have been introduced. With the entry into force of the new Rules, the Government Decree repeals Decree No. 307 of 05.23.2006 and makes significant changes to Government Decrees No. 306 of 05.23.2006 and No. 491 of 08.13.2006. The new Rules are not introduced immediately, but 2 months after changes are made to the procedure for establishing and determining standards for the consumption of utility services in Government Decree No. 306 of May 23, 2006. The Russian Ministry of Regional Development has been instructed to prepare changes to this document within the next three months.

The rules for the provision of utility services regulate in great detail the content and procedure for concluding an agreement for the maintenance of residential buildings and the provision and accounting of utility services. The main responsibility for activities in this direction rests with management companies. In terms of concluding contracts, the Resolution quite strictly establishes the condition for the content of contracts: if the consumer has concluded an agreement with a management company that does not comply with the conditions of the new Rules, then the provisions of Government Resolution No. 354 of 05/06/2011 are considered the current norm.

For each type of utility service, two payments are introduced: for consumption directly inside the apartment and for consumption for general house needs. At the same time, a standard for the consumption of utilities for general house needs in an apartment building is being introduced. This will streamline calculations in cases where there is no collective metering device.

The liability of the defaulter has been tightened. Now, restrictions on the provision of utility services may occur not in 6 months, as now, but in 3 months.

Consumers are given the opportunity to enter into direct contracts with resource supply organizations for the provision of utility services.

Algorithms for payment for utility services have been completely revised, both in the presence of metering devices and in their absence. The rule has been excluded when, at the end of the year, the entire annual imbalance of consumption in an apartment building was distributed to consumers who have individual metering devices installed.

The management company becomes the actual operator of meter readings and the organizer of their operation. The management company also becomes an intermediary in recording facts of violation of the quality of provided public services.

Measures for the maintenance of common property include measures for energy saving, installation and reading of metering devices, as well as the costs of maintaining accounting information systems. These payments are entered on the payment receipt as a separate line.

The resolution defines the general procedure for concluding an energy service agreement in residential buildings with payment for its results separately from payment for utilities. The form of the energy service agreement itself should be developed within the next 5 months by the Ministry of Regional Development and the Ministry of Economic Development.

Decree of the Government of the Russian Federation dated May 6, 2011 N 354 (as amended on July 13, 2019) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (together with the “Rules for the provision of utility services...

VI. Procedure for calculating and paying utility bills

ConsultantPlus: note.

From 07/01/2020, the fee for utility services for electricity supply can be reduced until the consumer is completely exempted from payment in the cases, procedure and amount established by legislation in the field of electric power industry (Federal Law dated 12/27/2018 N 522-FZ).

36. The calculation of the amount of payment for utility services is carried out in the manner established by these Rules, taking into account the features provided for by regulations governing the procedure for establishing and applying the social norm for the consumption of electrical energy (power), if in a constituent entity of the Russian Federation a decision has been made to establish such social norm.

37. The billing period for paying utility bills is set equal to a calendar month.

38. The amount of payment for utility services is calculated according to tariffs (prices) for consumers established by the resource supplying organization in the manner determined by the legislation of the Russian Federation on state regulation prices (tariffs).

If a constituent entity of the Russian Federation has decided to establish a social norm for the consumption of electrical energy (power), the amount of payment for utility services for electricity supply is calculated based on the prices (tariffs) for electrical energy (power) established for the population and equivalent categories of consumers in within and beyond such social norm.

In the case of establishing tariffs (prices) differentiated by consumer groups, the amount of payment for utility services is calculated using the tariffs (prices) established for the corresponding group of consumers.

If surcharges are established on tariffs (prices), the amount of payment for utility services is calculated taking into account such surcharges.

In the case of establishing two-rate tariffs (prices) for consumers, the calculation of the amount of payment for utility services is carried out according to such tariffs (prices) as the sum of the constant and variable components of the payment, calculated for each of the 2 established rates (fixed and variable) of the two-rate tariff (price) separately .

In the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service is calculated based on the sum of the cost of the cold water component intended for heating in order to provide the hot water supply utility service (or the coolant component, which is integral part tariff for hot water in open heating systems (hot water supply), and the cost of the component for thermal energy used to heat cold water in order to provide public services for hot water supply.

(see text in the previous edition)

When establishing tariffs (prices) for consumers, differentiated by time of day or other criteria reflecting the degree of use of utility resources, the amount of payment for utility services provided in residential premises is determined using such tariffs (prices) if the consumer has an individual, common (apartment) or room metering device that allows you to determine the volumes of utility resources consumed in the corresponding premises differentiated by time of day or according to other criteria reflecting the degree of use of utility resources.

(see text in the previous edition)

When calculating the amount of payment for utility resources purchased by the contractor from a resource supplying organization for the purpose of providing utility services to consumers, the tariffs (prices) of the resource supplying organization are used when calculating the amount of payment for utility services for consumers.

39. If, when calculating the amount of payment for a utility service, a two-part tariff (price) is subject to application, then the contractor, in order to calculate the constant component of the payment, is obliged to calculate in the manner in accordance with Appendix No. 2 the number of units of that constant value per each residential or non-residential premises in an apartment building ( power, load, etc.), which is established by the legislation of the Russian Federation on state regulation of tariffs for calculating the constant component of the fee.

40. The consumer in an apartment building pays for utilities (cold water supply, hot water supply, sewerage, electricity supply, gas supply) provided to the consumer in residential and non-residential premises in the cases established by these Rules, with the exception of the case of direct management of an apartment building by the owners of the premises in this home, as well as cases where the control method in an apartment building is not selected or the selected control method is not implemented, in which the consumer in an apartment building, as part of the payment for utility services (cold water supply, hot water supply, sewerage, electricity supply, gas supply), separately pays for utilities provided to the consumer in residential or non-residential premises, and payment for utilities consumed during the maintenance of common property in an apartment building (hereinafter referred to as utilities provided for general house needs).

(see text in the previous edition)

(see text in the previous edition)

The consumer of a utility service for heating and (or) hot water supply, produced and provided by the contractor to the consumer in the absence of centralized heat supply and (or) hot water supply systems, pays a fee calculated in accordance with paragraph 54 of these Rules.

(see text in the previous edition)

41. The consumer of utilities in a household pays a fee for utilities, which includes payment for utilities provided to the consumer in the residential premises, as well as utilities consumed when using the land plot and outbuildings located on it.

42. The amount of payment for a utility service provided to a consumer in a residential premises equipped with an individual or common (apartment) metering device, with the exception of payment for a heating utility service, is determined in accordance with formula 1 of Appendix No. 2 to these Rules based on the readings of such a device accounting for the billing period. In the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service provided to the consumer for the billing period in a residential premises is determined in accordance with formula 23 of Appendix No. 2 to these Rules based on the readings of hot water meters.

(see text in the previous edition)

In the absence of an individual or general (apartment) metering device for cold water, hot water, electricity and gas and the absence of the technical possibility of installing such a metering device, the amount of payment for utility services for cold water supply, hot water supply, electricity supply, gas supply provided to the consumer in a residential premises, is determined in accordance with formulas 4 and Appendix No. 2 to these Rules based on utility service consumption standards. In the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service provided to the consumer for the billing period in a residential premises is determined in accordance with formula 23 of Appendix No. 2 to these Rules based on the hot water consumption standard.

(see text in the previous edition)

In the absence of an individual or general (apartment) metering device for cold water, hot water, electrical energy and in the event of an obligation to install such a metering device, the amount of payment for the utility service for cold water supply, hot water supply and (or) electricity supply provided to the consumer in a residential premises, is determined by formula 4(1) of Appendix No. 2 to these Rules based on the standard consumption of utility services for cold water supply, hot water supply and (or) electricity supply using an increasing coefficient, and in the case of establishing two-component tariffs for hot water, the amount of payment for utility services according to hot water supply provided to the consumer for the billing period in a residential building that is not equipped with such metering devices is determined by formula 23(1) of Appendix No. 2 to these Rules based on the hot water consumption standard using a multiplying factor.

(see text in the previous edition)

(see text in the previous edition)

The amount of payment for utility services provided to a consumer in a residential premises in the cases and for the billing periods specified in paragraph 59 of these Rules is determined based on the data specified in paragraph 59 of these Rules.

The amount of payment for utility services for sewerage provided for the billing period in a residential premises that is not equipped with an individual or common (apartment) metering device waste water, is calculated based on the sum of the volumes of cold and hot water provided in such a residential premises and determined according to the readings of individual or common (apartment) cold and (or) hot water meters for the billing period, and in the absence of cold and (or) hot water meters water - in accordance with formula 4 of Appendix No. 2 to these Rules based on the drainage standard.

(see text in the previous edition)

42(1). Payment for heating utilities is carried out in one of two ways - within heating season or evenly throughout the calendar year.

In an apartment building that is not equipped with a collective (common building) heat energy meter, and a residential building that is not equipped with an individual heat energy meter, the amount of payment for the heating utility service is determined according to formulas 2, , and Appendix No. 2 to these Rules based on from the heating utility consumption standard.

(see text in the previous edition)

In an apartment building that is equipped with a collective (common building) heat metering device and in which not a single residential or non-residential premises is equipped with an individual and (or) common (apartment) heat energy metering device, the amount of payment for the heating utility service is determined by formulas 3 and Appendix No. 2 to these Rules based on the readings of a collective (common house) heat energy meter.

(see text in the previous edition)

In an apartment building that is equipped with a collective (common building) heat metering device and in which at least one, but not all residential or non-residential premises are equipped with individual and (or) common (apartment) heat energy metering devices, the amount of payment for the heating utility service is determined according to formulas 3(1) and Appendix No. 2 to these Rules based on the readings of individual and (or) general (apartment) and collective (common house) heat energy meters.

(see text in the previous edition)

In an apartment building that is equipped with a collective (common building) heat metering device and in which all residential and non-residential premises are equipped with individual and (or) common (apartment) heat energy metering devices, the amount of payment for utility services for heating is determined by formulas 3(3 ) and Appendix No. 2 to these Rules based on the readings of individual and (or) common (apartment) heat energy metering devices and the readings of a collective (common house) thermal energy metering device.

(see text in the previous edition)

In a residential building that is equipped with an individual heat energy meter, the amount of payment for the heating utility service is determined according to formulas 3(4) and Appendix No. 2 to these Rules based on the readings of the individual heat energy meter.

(see text in the previous edition)

If an apartment building is equipped with a collective (common building) heat energy meter and, at the same time, residential and non-residential premises in the apartment building, the total area of ​​which is more than 50 percent of the total area of ​​all residential and non-residential premises in the apartment building, are equipped with distributors, the amount of payment for utility services is according to heating is determined in accordance with the provisions of paragraphs three and four of this paragraph and is subject to adjustment once a year by the contractor in accordance with formula 6 of Appendix No. 2 to these Rules. By decision of the general meeting of owners of premises in an apartment building, members of a partnership or cooperative, a more frequent frequency during the year for adjusting the amount of payment for utility heating services provided to consumers in the apartment building specified in this paragraph may be established in the event of payment for utility services for heating during the heating season. In the event of failure, lack of indications, or the presence of a violation of the integrity of the seal of at least one distributor in a residential or non-residential premises of an apartment building, such premises are equated to premises not equipped with distributors.

(see text in the previous edition)

When choosing a payment method for heating utilities during the heating period when open system heat supply (hot water supply) in the event that the heat metering unit of an apartment building is equipped with a collective (common building) heat energy meter that takes into account the total volume (quantity) of heat energy consumed for heating and hot water supply, to determine the amount of payment for utility services according to heating in accordance with the provisions of paragraphs three to five of this paragraph, the volume (quantity) of thermal energy consumed during the billing period for heating needs, during the heating period is determined as the difference in the volume (quantity) of thermal energy consumed during the billing period, determined on the basis of the readings of the collective ( a common building) thermal energy meter with which an apartment building is equipped, and the product of the volume (quantity) of thermal energy consumed during the billing period, used to heat water for the purpose of providing public services for hot water supply, determined based on the standard consumption of thermal energy used to heat water in order to provide public services for hot water supply, and the volume (quantity) of hot water consumed in the premises of an apartment building and for general house needs.

When choosing a method of payment for heating utilities during the heating period, if, with an open heat supply (hot water supply) system in an apartment building, collective (common house) metering devices are installed separately in the heating system and in the hot water supply system, the amount of payment for utility services according to heating is determined in accordance with the provisions of paragraphs three to five of this paragraph.

When choosing a method of payment for a heating utility service during the heating period, the volume (quantity) of thermal energy in the amount determined on the basis of the readings of individual and (or) general (apartment) heat energy metering devices is used when calculating the amount of payment for the heating utility service for the billing period in which the consumer provided meter readings. When choosing a method of paying for heating utilities evenly throughout the calendar year, the readings of individual and (or) general (apartment) heat energy meters are used when making adjustments for the past year.

(see text in the previous edition)

42(2). The 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 government body of the constituent entity of the Russian Federation decided to choose this method, and the method of payment for utility services for heating evenly throughout the calendar year - from July 1 of the year following the year in which the government body of the constituent entity of the Russian Federation made a decision to choose this method.

If a government body of a constituent entity of the Russian Federation makes a decision to change the method of payment for a heating utility service, the executor shall adjust the amount of payment for a heating utility service in the first quarter of the calendar year following the year in which the payment method changes, in accordance with formula 6 (1)

(see text in the previous edition)

43. The volume of thermal energy consumed in the non-residential premises of an apartment building is determined in accordance with paragraph 42(1) of these Rules.

In the absence of a collective (common building) heat energy meter in an apartment building, as well as an individual heat energy meter, the specified volume is determined based on the heating utility consumption standard applied in such an apartment building.

(see text in the previous edition)

The volume of electricity, cold water and hot water consumed in a room allocated in an apartment building for parking spaces, the volume of waste water discharged is determined based on the readings of the corresponding utility resource meters installed for the purpose of separate metering of the consumption of utility resources in this room, and in their absence, based on the area of ​​the specified premises and the standard consumption of cold water, hot water, waste water disposal, electrical energy for the purpose of maintaining common property in an apartment building. The specified volume of electrical energy, cold water and hot water, as well as waste water is distributed among the owners of parking spaces in proportion to the number of parking spaces belonging to each owner. Moreover, in the absence of metering devices for electrical energy, cold water and hot water installed for the purpose of separate metering of the consumption of utility resources in this room, the amount of payment for owners of parking spaces is determined by applying an increasing factor to the corresponding standard for the consumption of utility resources, the value of which is taken equal to 1.5.

(see text in the previous edition)

44. The amount of payment for utility services provided for general house needs in the cases established by paragraph 40 of these Rules, in an apartment building equipped with a collective (communal) metering device, with the exception of utility heating services, is determined in accordance with formula 10 of Appendix No. 2 to these Rules.

At the same time, the volume of utility services provided for common household needs during the billing period, distributed in accordance with formulas 11 - Appendix No. 2 to these Rules among consumers, cannot exceed the volume of utility services calculated based on the consumption standards of the corresponding utility resource for the purpose of maintaining common property in apartment building, except for cases where a general meeting of owners of premises in an apartment building, held in the prescribed manner, made a decision on the distribution of the volume of utilities in the amount exceeding the volume of utilities provided for general house needs, determined based on the readings of the collective (common building) meter , above the volume calculated on the basis of standards for the consumption of communal resources for the purpose of maintaining common property in an apartment building, between all residential and non-residential premises in proportion to the size of the total area of ​​each residential and non-residential premises.

When calculating the payment for a utility service provided for general house needs to a consumer in a non-residential premises, the prices (tariffs) established for the category of consumers to which such a consumer belongs are used.

If the common house (collective) and all individual (apartment) metering devices have the same functionality to determine the volume of consumption of utility services differentiated by time of day or other criteria reflecting the degree of use of utility resources, then the volumes of utility services provided during the billing period for general house needs are determined separately for each time of day or other criterion and the amount of payment for each of these volumes of utility services are distributed among consumers in accordance with paragraph one of this paragraph. In other cases, the volume of utility services provided for the billing period for general house needs is determined and distributed among consumers in an apartment building without taking into account the differentiation of this volume by time of day or other criteria reflecting the degree of use of utility resources, unless otherwise established by the agreement containing the provisions on the provision of public services.

(see text in the previous edition)

45. If the volume of utility services provided during the billing period for general house needs is zero, then the payment for the corresponding type of utility service provided for general house needs, determined in accordance with paragraph 44 of these Rules, is not charged to consumers for such billing period.

(see text in the previous edition)

46. ​​Payment for the corresponding type of utility service provided for the billing period for general house needs, determined in accordance with paragraph 44 of these Rules, is not charged to consumers if, when calculating the volume of utility services provided for the billing period for general house needs, it is established that the volume communal resource, determined based on the readings of the collective (common house) meter for this billing period, is less than the sum of the volumes of the corresponding type of utility service provided for this billing period to consumers in all residential and non-residential premises, determined in accordance with paragraphs 42 and these Rules, and determined in accordance with paragraph 54 of these Rules of the volumes of the corresponding type of utility resource used by the contractor during this billing period in the independent production of utility services for heating and (or) hot water supply.

(see text in the previous edition)

(see text in the previous edition)

48. In the absence of a collective (common house) metering device, the amount of payment for utility services (with the exception of utility services for heating) provided for common house needs in an apartment building in the cases established in paragraph 40 of these Rules is determined in accordance with formula 10 of Appendix No. 2 to these Rules. In this case, the volume of communal resources consumed in the maintenance of common property in an apartment building per residential (non-residential) premises is determined in accordance with formula 15 of Appendix No. 2 to these Rules.

(see text in the previous edition)

49. If the household is not equipped with an individual meter for the corresponding type of utility resource, then the consumer, in addition to the payment for the utility service provided in the residential premises calculated in accordance with paragraph 42 of these Rules, pays for the utility service provided to him when using the land plot and located on it outbuildings.

The amount of payment for utility services provided to the consumer when using a land plot and outbuildings located on it is calculated in accordance with formula 22 of Appendix No. 2 to these Rules based on the standards for the consumption of utility services when using the land plot and outbuildings located on it.

The calculation of the amount of payment for utility services provided to the consumer when using the land plot and outbuildings located on it is carried out starting:

from the date specified in the contract containing provisions for the provision of utility services, or in the consumer’s application submitted to the contractor in accordance with subparagraph “k” of paragraph 34 of these Rules, on the start of consumption of the utility service provided by the contractor when using the land plot and outbuildings located on it if the consumer does not have an individual metering device;

from the date specified in the act on identifying the fact that the consumer does not have an individual metering device and on his consumption of the utility service provided by the contractor when using the land plot and outbuildings located on it. Such an act is drawn up by the contractor in the presence of the consumer and at least 2 uninterested persons. The contractor is obliged to indicate the consumer's objections in the act drawn up and does not have the right to prevent the consumer from attracting other disinterested persons to participate in the inspection, information about which, if they are attracted by the consumer, must also be included in the act drawn up by the contractor.

50. Calculation of the amount of payment for utility services provided to a consumer living in a room (rooms) in a residential premises that is a communal apartment (hereinafter referred to as a communal apartment) is carried out in accordance with formulas 7, , , , and Appendix No. 2 to these Rules, and in the case of establishing two-component tariffs for hot water - in accordance with formulas 25 - Appendix No. 2 to these Rules.

(see text in the previous edition)

If a communal apartment is equipped with a common (apartment) electric energy meter and at the same time all rooms in the communal apartment are equipped with room electric energy meters, then the amount of payment for the utility service for electricity provided to the consumer in the room in the communal apartment is determined in accordance with formula 9 Appendix No. 2 to these Rules.

If a communal apartment is equipped with a common (apartment) electricity meter and not all rooms in the communal apartment are equipped with room electricity meters, then the calculation of the amount of payment for the utility service for electricity provided to the consumer living in the room (rooms) equipped with a room electrical energy metering device, is carried out based on the readings of the room metering device and the agreement reached between all consumers in a communal apartment on the procedure for determining the volume (quantity) of electrical energy consumed in the premises, which are the common property of the owners of rooms in a communal apartment, and on its distribution among all consumers in a communal apartment.

This agreement must be executed in in writing, signed by the consumers of the communal apartment or their authorized representatives and handed over to the contractor. In this case, the contractor calculates the payment for utility services for electricity provided to consumers in a communal apartment in accordance with the agreement received from them, starting from the month following the month in which such an agreement was transferred to the contractor.

In the absence of the specified agreement, the calculation of fees for utility services for electricity supply is carried out in accordance with formula 7 of Appendix No. 2 to these Rules without taking into account the readings of room electricity meters.

51. The calculation of the amount of payment for utilities provided to consumers in residential premises in corridor, hotel and sectional type dormitories (with the presence of common kitchens, toilets or shower blocks on the floors) is carried out in the manner established for calculating the amount of payment for utility services for consumers living in a communal apartment.

52. The calculation of the amount of payment for utility services provided to consumers in residential premises in apartment-type dormitories is carried out in the manner established for calculating the amount of payment for utility services for consumers living in residential premises in an apartment building.

(see text in the previous edition)

54. In the case of independent provision by the contractor of utility services for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply) using equipment that is part of the common property of the owners of premises in an apartment building, calculation of the amount of payment for consumers for such a utility service is provided by the contractor based on the volume of the utility resource (or resources) used during the billing period in the production of the utility service for heating and (or) hot water supply (hereinafter referred to as the utility resource used in production), and the tariff (price) for the utility service used in production communal resource.

(see text in the previous edition)

The volume of a utility resource used in production is determined by the readings of a meter recording the volume of such a utility resource, and in its absence - in proportion to the costs of such a utility resource for the production of thermal energy used for the provision of communal heating services and (or) for the provision of communal services for hot water supply.

(see text in the previous edition)

In this case, the total volume (quantity) of thermal energy produced by the contractor during the billing period, used for the purpose of providing utility services for heating and (or) for the purpose of providing utility services for hot water supply, is determined by the readings of metering devices installed on the equipment used by the contractor a utility service for heating and (or) hot water supply was provided, and in the absence of such metering devices - as the sum of volumes (quantities) of thermal energy used for the purpose of providing a utility service for heating and (or) for the purpose of providing a utility service for hot water supply, determined by the readings of individual and general (apartment) heat energy metering devices with which residential and non-residential premises of consumers are equipped, volumes (quantities) of thermal energy consumption used for the purpose of providing communal heating services and (or) providing communal hot water supply services, determined in the manner established by these Rules for consumers whose residential and non-residential premises are not equipped with such metering devices, and the volumes (quantities) of consumption of thermal energy used to provide public services for hot water supply for general house needs, determined on the basis of hot water consumption standards in for the purpose of maintaining common property in an apartment building and standards for the consumption of thermal energy used to heat water for hot water supply. The volume (quantity) of thermal energy consumed during the billing period for the heating needs of an apartment building or residential building is determined taking into account the provisions of paragraph 42(1) of these Rules.

(see text in the previous edition)

When determining the amount of a consumer's payment for a heating utility service (in the absence of a centralized heating supply), the volume of the utility resource used in production is distributed among all residential and non-residential premises in an apartment building in proportion to the size of the total area of ​​residential or non-residential premises in the apartment building owned (in use) by each consumer home in accordance with formula 18 of Appendix No. 2 to these Rules.

The amount of consumer payment for public services for hot water supply (in the absence of centralized hot water supply) is determined in accordance with formulas 20 and Appendix No. 2 to these Rules as the sum of 2 components:

(see text in the previous edition)

the product of the volume of hot water consumed by the consumer, prepared by the contractor, and the tariff for cold water;

the product of the volume (quantity) of a utility resource used to heat cold water for the purpose of providing a utility service for hot water supply, and the tariff (price) for a utility resource. In this case, the volume (quantity) of the communal resource is determined based on specific consumption communal resource used for heating cold water for the purpose of providing public services for hot water supply, in a volume equal to the volume of hot water consumed during the billing period in residential or non-residential premises and for general house needs.

(see text in the previous edition)

The payment for utility services for heating and (or) hot water supply, made by the contractor using equipment that is part of the common property of the owners of premises in an apartment building, does not include the costs of maintaining and repairing such equipment. The costs of maintaining and repairing such equipment are subject to inclusion in the fee for the maintenance of residential premises.

(see text in the previous edition)

The amount of the consumer's payment for a heating utility service (in the absence of a centralized heating supply) in the presence in an apartment building of a heat energy meter installed on equipment that is part of the common property in the apartment building, with the use of which the heating utility service was provided, as well as individual (apartment) metering devices in all residential and non-residential premises of an apartment building is determined for the billing period in proportion to the volume of thermal energy determined in accordance with formula 18(1) of Appendix No. 2 to these Rules, and if the payment method for heating utilities is chosen evenly throughout the calendar year, adjusted once a year in accordance with formula 18(3) of Appendix No. 2 to these Rules.

55. If there is no centralized hot water supply and heating equipment installed in the residential premises is used to meet the need for hot water supply, no payment for the hot water supply utility service is charged.

In this case, the volume of cold water, as well as electricity, gas, thermal energy used to heat cold water, is paid by the consumer as part of the utility fee for cold water supply, electricity supply, gas supply and heat supply.

In the absence of an individual or general (apartment) metering device for cold water, electrical energy, gas and thermal energy used to heat cold water, the volume of consumption of such utility resources is determined based on the standards for the consumption of utility services established for consumers living in residential premises in the absence of centralized hot water supply.

56. If a residential premises that is not equipped with an individual and (or) common (apartment) metering device for hot water, and (or) cold water, and (or) electrical energy is used by temporarily residing consumers, then the amount of payment for the corresponding type of utility service, provided in such a residential premises, is calculated in accordance with these Rules based on the number of consumers permanently residing and temporarily residing in the residential premises. Moreover, for the purpose of calculating fees for the corresponding type of utility service, a consumer is considered to be temporarily residing in a residential premises if he actually resides in this residential premises for more than 5 days in a row.

56(1). If the residential premises are not equipped with an individual or common (apartment) metering device for cold water, hot water, electricity and gas, and the contractor has information about consumers temporarily residing in the residential premises who are not registered in this premises at their permanent (temporary) place of residence or place of stay, the executor has the right to draw up an act establishing the number of citizens temporarily residing in the residential premises. The specified act is signed by the executor and the consumer, and if the consumer refuses to sign the act - by the executor and at least 2 consumers and a member of the council of an apartment building in which a partnership or cooperative has not been created, the chairman of the partnership or cooperative, if the management of the apartment building is carried out by a partnership or cooperative and the management body of such a partnership or cooperative has concluded a management agreement with the management organization.

(see text in the previous edition)

This act indicates the date and time of its preparation, the surname, name and patronymic of the owner of the residential premises (permanently residing consumer), address, place of residence, information on the number of temporarily residing consumers, as well as, if it is possible to determine the start date of their residence and subject to When the act is signed by the owner of the residential premises (permanently residing consumer), the start date of their residence is indicated. If the owner of the residential premises (permanently residing consumer) refuses to sign the act or the owner of the residential premises (permanently residing consumer) is absent from the residential premises at the time the act is drawn up, a corresponding note is made in this act. The contractor is obliged to hand over 1 copy of the act to the owner of the residential premises (permanently residing consumer), and if there is a refusal to receive such an act, a note is made.

(see text in the previous edition)

The specified act is sent by the executor to the internal affairs bodies within 3 days from the date of its preparation.

(see text in the previous edition)

56(2). In the absence of citizens permanently or temporarily residing in the residential premises, the volume of utilities is calculated taking into account the number of owners of such premises.

57. The amount of payment for the corresponding type of utility service provided to temporarily residing consumers is calculated by the contractor in proportion to the number of days lived by such consumers and is paid by the permanently residing consumer. The calculation of the amount of payment for the corresponding type of utility service provided to temporary residents stops from the day following the day:

a) commissioning of an individual and (or) general (apartment) metering device for hot water, cold water and (or) electrical energy, designed to account for the consumption of such (such) utility resources in a residential building used by temporarily residing consumers;

B) the end of the period of residence of such consumers in the residential premises, which is indicated in the application of the owner or permanently residing consumer for the use of residential premises by temporarily residing consumers, but not earlier than the date of receipt of such an application by the contractor.

57(1). The date of commencement of residence of temporary residents in residential premises for use in calculating fees for utility services and, if necessary, recalculations for past periods is indicated in the application of the owner (permanently residing consumer) for the use of residential premises by temporarily residing consumers. In the absence of such an application or in the absence in such an application of the date of commencement of residence of temporarily residing persons in the residential premises, such date is considered to be the 1st day of the month of the date of drawing up the act establishing the number of citizens temporarily residing in the residential premises. The said act is drawn up in the manner specified in paragraph 56(1) of these Rules.

(see text in the previous edition)

The application of the owner or permanently residing consumer for the use of residential premises by temporarily residing consumers must indicate the surname, first name and patronymic of the owner or permanently residing consumer, address, place of residence, information on the number of temporarily residing consumers, the start and end dates of such consumers’ residence in living space. Such an application is sent to the contractor by the owner or permanently residing consumer within 3 working days from the date of arrival of temporary residents.

58. The number of consumers temporarily residing in a residential premises is determined on the basis of the application specified in subparagraph “b” of paragraph 57 of these Rules, and (or) on the basis of an act drawn up by the contractor in accordance with paragraph 56(1) of these Rules on establishing the number of citizens temporarily living in residential premises.

(see text in the previous edition)

59. Payment for a utility service provided to a consumer in a residential or non-residential premises for the billing period is determined based on the calculated average monthly consumption of a utility resource by the consumer, determined according to the readings of an individual or general (apartment) meter for a period of at least 6 months (for heating - based on the average monthly volume of consumption during the heating period in cases where, in accordance with paragraph 42(1) of these Rules, when determining the amount of payment for heating, the readings of an individual or general (apartment) meter are used), and if the period of operation of the meter was less than 6 months , - then for the actual period of operation of the meter, but not less than 3 months (for heating - not less than 3 months of the heating period in cases where, in accordance with paragraph 42(1) of these Rules, when determining the amount of payment for heating, the readings of individual or general (apartment) metering device), in the following cases and for the specified billing periods:

(see text in the previous edition)

A) in case of failure or loss of an individual, general (apartment), room metering device previously put into operation or the expiration of its service life, determined by the period of time before the next verification - starting from the date when the specified events occurred, and if the date is set is impossible - then starting from the billing period in which the specified events occurred until the date when the accounting of the utility resource was resumed by putting into operation the corresponding established requirements individual, general (apartment), room metering device, but no more than 3 billing periods in a row for residential premises and no more than 2 billing periods in a row for non-residential premises;

B) in case of failure by the consumer to provide readings of an individual, general (apartment), room metering device for the billing period within the time limits established by these Rules, or an agreement containing provisions for the provision of utility services, or a decision of the general meeting of owners of premises in an apartment building - starting from a billing period for which the consumer did not provide meter readings before the billing period (inclusive), for which the consumer provided the meter readings to the contractor, but no more than 3 billing periods in a row;

(see text in the previous edition)

ConsultantPlus: note.

Norm pp. “e” of paragraph 85, mentioned in the paragraph below, corresponds to the norm of paragraphs. "e" of paragraph 85 as amended by Government Decree No. 1498 dated December 26, 2016.

C) in the case specified in subparagraph "d" of paragraph 85 of these Rules - from the date when the executor drew up an act of refusal of access to the metering device, distributors, until the date of the inspection in accordance with subparagraph "e" of paragraph 85 of these Rules Rules, but no more than 3 billing periods in a row.

(see text in the previous edition)

59(1). The payment for the utility service provided for common house needs for the billing period, taking into account the provisions of paragraph 44 of these Rules, as well as the payment for the heating utility service, are determined based on the calculated average monthly volume of consumption of the utility resource, determined according to the readings of the collective (common house) meter for the period not less than 6 months (for heating - based on the average monthly volume of consumption during the heating period), and if the period of operation of the metering device was less than 6 months - then for the actual period of operation of the metering device, but not less than 3 months (for heating - at least 3 months heating period) - starting from the date when the collective (common house) metering device previously put into operation failed or was lost or its service life expired, and if the date cannot be determined - then starting from the billing period in which the specified events occurred, before the date when the accounting of the utility resource was resumed by putting into operation a collective (common house) metering device that meets the established requirements, but no more than 3 billing periods in a row.

(see text in the previous edition)

59(2). If the period of operation of an individual or general (apartment) room metering device (with the exception of an individual or general (apartment) heat energy metering device) was less than 3 months, in the cases specified in paragraph 59 of these Rules, payment for utility services provided to consumers in residential or non-residential premises for the billing period, is determined based on the consumption standards of the relevant utilities.

If the period of operation of an individual or general (apartment) heat energy meter was less than 3 months of the heating period, in the cases specified in paragraph 59 of these Rules, payment for utility heating services provided to consumers in residential or non-residential premises of an apartment building equipped with a collective ( general house) heat energy metering device, is determined in accordance with the provisions of paragraphs three to five of paragraph 42(1) of these Rules.

(see text in the previous edition)

60. Upon expiration of the maximum number of billing periods specified in paragraph 59 of these Rules, for which the payment for a utility service is determined according to the data provided for in the specified paragraph, the payment for a utility service provided to a residential premises is calculated in accordance with paragraph 42 of these Rules in cases , provided for in subparagraphs "a" and "c" of paragraph 59 of these Rules, based on standards for the consumption of utilities using an increasing factor, the value of which is taken equal to 1.5, and in cases provided for in subparagraph "b" of paragraph 59 of these Rules, based on utility consumption standards.

After the expiration of the maximum number of billing periods specified in paragraph 59 of these Rules, for which the payment for utility services is determined according to the data provided for in this paragraph, the payment for utility services provided to non-residential premises is calculated in accordance with paragraph 43 of these Rules.

When calculating fees for utility services in accordance with this paragraph, differentiation of tariffs by day zones and other criteria is not applied.

(see text in the previous edition)

60(1). After the expiration of the maximum number of billing periods specified in paragraph 59(1) of these Rules, for which the payment for utilities provided for general house needs and the payment for utility services for heating are determined according to the data provided for in the specified paragraph, if the owners of premises in an apartment building the house did not ensure, in the established manner, the restoration of the working capacity of a failed or replacement of a collective (common house) metering device that was previously lost and put into operation, as well as the replacement of such a metering device after the expiration of its service life, the payment for utilities for the billing period is calculated:

for utility services provided for general house needs, with the exception of utility services for heating, - in the manner specified in paragraph 48 of these Rules;

(see text in the previous edition)

If the consumer is denied access to the residential and (or) non-residential premises of the contractor 2 or more times to check the condition of installed and put into operation individual, common (apartment) metering devices, checking the accuracy of the information provided about the readings of such metering devices and subject to the execution of an act by the contractor on refusal of access to a metering device, the readings of such a metering device provided by the consumer are not taken into account when calculating the payment for utility services until the date of signing the inspection report. If the consumer does not provide access to the residential premises he occupies, home ownership to the contractor after the expiration of the maximum number of billing periods specified in subparagraph "c" of paragraph 59 of these Rules, for which the payment for utility services is determined according to the data provided for in the specified paragraph, the amount of payment for utility services is calculated taking into account the increasing coefficients in accordance with the formulas given in Appendix No. 2 to these Rules for calculating the amount of payment for utility services of cold water supply, hot water supply, electricity supply, providing for the use of increasing coefficients, starting from the billing period following the billing period specified in subparagraph "c "Clause 59 of these Rules, before the date of drawing up the inspection report.

(see text in the previous edition)

(see text in the previous edition)

(see text in the previous edition)

61. If, during the verification of the reliability of information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the inspected metering device, distributors and the amount of utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for utility services for the billing period preceding the inspection, then the contractor is obliged to recalculate the amount of payment for utility services and send the consumer, within the time limits established for payment of utilities for the billing period in which the contractor carried out an inspection, a requirement to make an additional charge for the utility services provided to the consumer, or a notification of the amount of the utility fee overcharged to the consumer. Excess amounts paid by the consumer are subject to offset when paying for future billing periods.

(see text in the previous edition)

The amount of the fee must be recalculated based on the readings taken by the contractor during the inspection of the meter being checked.

In this case, unless the consumer proves otherwise, the volume (quantity) of the utility resource in the amount of the identified difference in readings is considered to be consumed by the consumer during the billing period in which the check was carried out by the contractor.

62. Upon detection of a connection made in violation of the established procedure (hereinafter referred to as unauthorized connection) of the consumer’s intra-apartment equipment to the in-house engineering systems the contractor is obliged to draw up an act on identifying an unauthorized connection in the manner prescribed by these Rules.

Based on the act of identifying an unauthorized connection, the contractor sends a notification to the consumer about the need to eliminate the unauthorized connection and makes additional charges for utility services for the consumer in whose interests such a connection was made for utilities consumed without proper accounting.

In this case, additional charges should be made based on the volume of the utility resource, calculated as the product of the power of unauthorized connected equipment (for water supply and sewerage - according to bandwidth pipes) and its round-the-clock operation for the period starting from the date of the unauthorized connection, specified in the act of identifying the unauthorized connection, drawn up by the contractor with the involvement of the relevant resource supply organization, and if it is impossible to determine the date of the unauthorized connection - from the date of the previous inspection by the contractor, but not more than 3 months preceding the month in which such a connection was detected, before the date the contractor eliminates such an unauthorized connection. If it is impossible to determine the power of unauthorized connected equipment, additional charges are made based on the volume determined on the basis of the consumption standard for the corresponding utilities with an increasing factor of 10 applied to such volume. Moreover, in the absence of citizens permanently or temporarily residing in the residential premises, the volume of utilities in in these cases is calculated taking into account the number of owners of such premises.

The verification of the fact of unauthorized connection of a consumer in a non-residential premises is carried out by the contractor in the manner prescribed by these Rules, if the resource-consuming equipment of such a consumer is connected to intra-house utility networks, and by an organization authorized to carry out these actions by the legislation of the Russian Federation on water supply, sanitation, electricity supply, heat supply, gas supply, if such connection is made to centralized networks of engineering and technical support before entering an apartment building and the consumption of a utility resource in such a non-residential premises is not recorded by a collective (common building) metering device.

The volume of utility resources consumed in non-residential premises in the event of an unauthorized connection is determined by the resource supplying organization using calculation methods provided for by the legislation of the Russian Federation on water supply and sanitation, electricity supply, heat supply, gas supply for cases of unauthorized connection.

(see text in the previous edition)

63. Consumers are required to pay utility bills on time.

Payments for utility services are paid by consumers to the contractor or a payment agent or bank payment agent acting on his behalf.

64. Consumers have the right, if there is an agreement containing provisions for the provision of utility services, concluded with the contractor represented by management organization, partnership or cooperative, pay for utility services directly to the resource supplying organization that sells the utility resource to the contractor, or through payment agents or bank payment agents specified by such resource supplying organization in the case where the decision to switch to this payment method and the date of transition has been made a general meeting of owners of premises in an apartment building, members of a partnership or cooperative. In this case, the contractor is obliged, no later than 5 working days from the date of adoption of the specified decision, to provide the resource supplying organization with information about the decision made.

a) pay for utilities in cash, in non-cash form using accounts opened, including for these purposes, in banks chosen by him or by transfer cash without opening a bank account, by postal transfers, bank cards, via the Internet and in other forms provided for by the legislation of the Russian Federation, with the obligatory preservation of documents confirming payment for at least 3 years from the date of payment;

b) instruct other persons to pay for utility services instead of them by any means that do not contradict the requirements of the legislation of the Russian Federation and the agreement containing provisions on the provision of utility services;

c) pay for utility services for the last billing period in installments, without violating the deadline for payment of utility fees established by these Rules;

D) implement advance payment utilities against future billing periods.

66. Payment for utility services is paid monthly, before the 10th day of the month following the expired billing period for which payment is made, if the management agreement for an apartment building or the decision of the general meeting of members of the homeowners association or cooperative (when providing utility services by the partnership or cooperative ), no other deadline for payment of utility bills has been established.

(see text in the previous edition)

67. Payment for utility services is made on the basis of payment documents presented to consumers by the contractor no later than the 1st day of the month following the expired billing period for which payment is made, if the management agreement for an apartment building or the decision of the general meeting of members of the homeowners association or cooperative ( when providing utility services by a partnership or cooperative), no other deadline for the submission of payment documents is established.

b) name of the performer (indicating the name legal entity or last name, first name and patronymic individual entrepreneur), his bank account number and bank details, address (location), contact telephone numbers, fax numbers and (if available) addresses email, address of the performer’s website on the Internet;

c) an indication of the paid month, the name of each type of paid utility service, the size of tariffs (prices) for each type of corresponding utility resource, units of measurement of volumes (quantities) of utility resources (when using hot water tariffs in payments for utility services for hot water supply, consisting of a component for cold water used to provide public services for hot water supply, and a component for thermal energy used to heat water for the purpose of providing public services for hot water supply - the value of each component, units of measurement of the volume (quantity) of hot water and thermal energy in natural quantities);

The payment document contains information about the regional operator for the management of solid municipal waste, in the area of ​​​​operation of which solid municipal waste of the consumer is generated and the places (sites) of their accumulation are located (contact phone numbers, website address on the Internet, where information is posted, among other things about work schedule regional operator for the management of municipal solid waste).

70. In the payment document issued to the consumer of utilities in an apartment building (cold water supply, hot water supply, sewerage, electricity), in the case established by the first paragraph of paragraph 40 of these Rules, the payment for utility services for general house needs and the payment for utility services provided to a consumer in residential or non-residential premises, must be indicated on separate lines.

(see text in the previous edition)

72. If the amount of payment for a utility service provided to a consumer in a residential premises, calculated to a consumer in accordance with the requirements of this section, in any billing period exceeds by more than 25 percent the amount of payment for a utility service accrued for the same billing period last year, then the contractor is obliged to provide the consumer with the opportunity to pay for such a utility service in installments under the conditions specified in this paragraph.

Providing this opportunity is carried out by including in the payment document provided by the contractor to the consumer, along with the position providing for the payment of a payment for a utility service for the billing period in a lump sum, positions providing for the possibility of the consumer paying a payment in installments in the amount of one twelfth of the payment for a utility service for the expired ( expired) the billing period in which the specified excess occurred, and the amount of interest for using the installment plan, which must be paid by the consumer when paying for utility services using this payment document.

When calculating the amount of excess payment for utility services, the amount of excess that arose as a result of an increase in the number of permanently and temporarily living consumers in a residential area is not taken into account.

The installment plan is provided on the terms of paying utility bills in equal installments over 12 months, including the month from which the installment plan is provided, and charging interest for the provided installment plan, the amount of which cannot be higher than the refinancing rate increased by 3 percent Central Bank of the Russian Federation, valid on the day of provision of the installment plan. Interest for the provided installment plan is not accrued or accrued in a smaller amount if, at the expense of budget funds (budgets) of various levels of the budget system of the Russian Federation, the contractor is provided with compensation (reimbursement) for funds not received in the form of interest for the provision of installment plans.

73. The consumer who has received from the contractor the payment document specified in paragraph 72 of these Rules has the right to pay the payment on the terms of the provided installment plan or refuse to pay the payment in installments and pay the payment in a lump sum or use the provided installment plan, but then pay the rest of the payment ahead of schedule at any time within the established installment period, in this case the contractor’s consent to early payment of the balance of the payment is not required.

74. The contractor who has provided an installment plan to a consumer who has taken advantage of such an installment plan has the right to notify about this in writing, attaching supporting documents to the resource supplying organization with which the contractor has entered into an agreement on the purchase of the corresponding type of communal resource for the purpose of providing utility services. Such a resource supplying organization is obliged to provide the contractor with a similar installment plan on the same conditions as the contractor provided to the consumer. Interest for the provided installment plan is not accrued or accrued in a smaller amount if, at the expense of the budget (budgets) of various levels of the budget system of the Russian Federation, the resource supplying organization is provided with appropriate compensation (reimbursement) for funds not received in the form of interest for the provision of installment plans. part 2 of article 8 Federal Law dated December 29, 2004 N 189-FZ “On the entry into force of the Housing Code of the Russian Federation”).

76. If the consumer is provided with a benefit in the form of a discount on utility bills in accordance with the established procedure, the amount of payment for utility services is reduced by the amount of the discount. This discount applies to payments for utility services provided to the consumer in residential premises and for general house needs in an apartment building and in residential premises in a household.

(see text in the previous edition)

77. In the event that a consumer who, in accordance with the legislation of the Russian Federation, is provided with compensation for the costs of paying for utilities or a subsidy for paying for living quarters and utilities, or in respect of whom other measures are applied social support in cash, the amount of payment for utility services is not subject to reduction and is paid in full. The specified social support measures apply to payments for utility services provided to the consumer in residential premises and for general house needs in an apartment building and in residential premises in a household.

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