Decree of the Government of the Russian Federation of 05/06/2011 N 354 (as amended on 07/13/2019) "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings" (together with the "Rules for the provision of utilities ...

Vi. The procedure for calculating and paying utility bills

ConsultantPlus: note.

From 07/01/2020, the payment for the utility service for electricity supply can be reduced up to the complete exemption of the consumer from payment in the cases, in the manner and amount established by the legislation in the field of the electric power industry (Federal Law of 12/27/2018 N 522-FZ).

36. The calculation of the amount of payment for utilities is carried out in the manner established by these Rules, taking into account the specifics provided for by regulatory enactments governing the procedure for establishing and applying the social rate of consumption of electric energy (power), if a decision is made in the constituent entity of the Russian Federation to establish such social norm.

37. Calculation period for payment utilities set equal to the calendar month.

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

If in the constituent entity of the Russian Federation a decision is made to establish a social norm for the consumption of electrical energy (power), the amount of payment for the utility service for electricity supply is calculated at the prices (tariffs) for electrical energy (power) established for the population and equivalent categories of consumers in limits and beyond such a social norm.

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

In the event that surcharges are established to tariffs (prices), the amount of payment for utilities is calculated taking into account such surcharges.

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

In the case of two-component hot water tariffs, the amount of the hot water utility charge is calculated based on the cost of the cold water component intended for heating in order to provide the hot water utility service (or the heating medium component that is part of the hot water tariff in open heat supply systems (hot water supply), and the cost of a component for heat energy used to heat cold water in order to provide utility services for hot water supply.

(see text in previous edition)

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

(see text in previous edition)

When calculating the amount of payment for utilities purchased by the contractor from a resource supplying organization in order to provide utilities to consumers, the tariffs (prices) of the resource supplying organization are applied, which are used in calculating the amount of payments for utilities for consumers.

39. If, when calculating the amount of payment for a utility service, a two-part tariff (price) is applied, then the contractor, in order to calculate the constant component of the payment, must calculate, in accordance with Appendix No. 2, the number of units of that constant value for 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 payment.

40. A consumer in an apartment building pays for utilities (cold water supply, hot water supply, water disposal, electricity, gas supply) provided to the consumer in residential and non-residential premises in the cases established by these Rules, except for the case of direct management of the apartment building by the owners of the premises in this house, 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 utilities (cold water supply, hot water supply, water disposal, electricity supply, gas supply), separately pays a fee for utilities provided to the consumer in residential or non-residential premises, and payment for utilities consumed during maintenance common property in an apartment building (hereinafter referred to as utilities provided for general house needs).

(see text in previous edition)

(see text in previous edition)

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

(see text in previous edition)

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

42. The amount of payment for utility services provided to the consumer in a residential area equipped with an individual or common (apartment) meter, with the exception of payment for utility services for heating, 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 utility service for hot water supply provided to the consumer for the billing period in the dwelling 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 previous edition)

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

(see text in previous edition)

In the absence of an individual or common (apartment) metering device for cold water, hot water, electric energy and in the case of the obligation to install such a metering device, the amount of payment for utility services for cold water supply, hot water supply and (or) electricity provided to the consumer in the residential premises, is determined according to formula 4 (1) of Appendix No. 2 to these Rules based on the standard of consumption of utility services for cold water supply, hot water supply and (or) electricity supply with the use of a multiplying coefficient, and in the case of establishing two-component tariffs for hot water, the amount of payment for utility services for 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 with the use of a multiplying coefficient.

(see text in previous edition)

(see text in previous edition)

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

The amount of payment for the utility service for sewerage provided for the billing period in a residential area that is not equipped with an individual or common (apartment) metering device Wastewater, is calculated based on the sum of the volumes of cold and hot water provided in such a living room and determined according to the indications of individual or general (apartment) metering devices for cold and (or) hot water for the billing period, and in the absence of metering devices for cold and (or) hot water - in accordance with formula 4 of Appendix No. 2 to these Rules based on the standard for water disposal.

(see text in previous edition)

42 (1). Payment for utility bills for heating is carried out in one of two ways - during the heating period or evenly throughout the calendar year.

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

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

If an apartment building is equipped with a collective (common building) metering device for heat energy and, at the same time, residential and non-residential premises in an apartment building, the total area of ​​which is more than 50 percent of the total area of ​​all residential and non-residential premises in an apartment building, are equipped with distributors, the amount of payment for utility services is 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 a 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 services for heating provided to consumers in the apartment building specified in this paragraph, in case of payment for utility services for heating during the heating period. In case of failure, lack of readings or the presence of the fact of violation of the integrity of the seal of at least one distributor in a residential or non-residential premises apartment building such a room is equated to rooms that are not equipped with distributors.

(see text in previous edition)

When choosing a method of payment for utility bills for heating during the heating period at open system heat supply (hot water supply) in the event that the thermal energy metering unit of an apartment building is equipped with a collective (common house) thermal energy meter, taking into account the total volume (amount) of thermal energy consumed for heating and hot water supply, to determine the amount of payment for utility services for heating in accordance with the provisions of paragraphs three to five of this paragraph, the volume (amount) of heat energy consumed during the billing period for heating needs during the heating period is determined as the difference in the volume (amount) of heat energy consumed for the billing period, determined on the basis of the indications of the collective ( common house) heat energy metering device, which is equipped with an apartment building, and the product of the volume (amount) of heat energy consumed during the billing period, used for heating water in order to provide a utility service for hot water supply, determined based on the standards willow of the consumption of thermal energy used for heating water in order to provide communal services for hot water supply, and the volume (amount) of hot water consumed in the premises of an apartment building and for general household needs.

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

When choosing a method of payment for utility services for heating during the heating period, the volume (amount) of heat energy in the amount determined based on the readings of individual and (or) general (apartment) heat energy meters is used when calculating the amount of payment for utility services for heating for the billing period in which the consumer gave the readings of the metering devices. When choosing a method of paying for utility services for heating 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 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 state authority of the constituent entity of the Russian Federation decided to choose such a method, and the method of payment for utility services for heating evenly throughout the calendar year - from July 1 of the year following the year in which the state authority of the constituent entity of the Russian Federation made a decision to choose this method.

If a public authority of a constituent entity of the Russian Federation makes a decision to change the method of payment for utility services for heating, the contractor shall adjust the amount of payment for utility services for heating in the first quarter of the calendar year following the year in which the payment method is changed, in accordance with Formula 6 (1)

(see text in previous edition)

43. The amount of heat energy consumed in 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 house) metering device for heat energy in an apartment building, as well as an individual metering device for heat energy, the specified volume is determined based on the standard of consumption of the heating utility used in such an apartment building.

(see text in previous edition)

The volume of electricity, cold water and hot water consumed in the room allocated in an apartment building for parking spaces, the volume of wastewater discharged is determined based on the readings of the metering devices of the corresponding communal resource installed for the purpose of separate accounting of the consumption of communal resources in this room, and in their absence, based on the area of ​​the specified premises and the standard for the consumption of cold water, hot water, wastewater disposal, electrical energy in order to maintain 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. At the same time, in the absence of metering devices for electric energy, cold water and hot water installed for the purpose of separate accounting of the consumption of communal resources in this room, the amount of payment for the owners of parking spaces is determined by applying a multiplying coefficient to the corresponding standard for the consumption of communal resources, the value of which is assumed to be 1.5.

(see text in 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 (common house) metering device, with the exception of public heating services, is determined in accordance with formula 10 of Appendix No. 2 to these Rules.

At the same time, the volume of communal services provided for general household needs for the billing period, distributed in accordance with formulas 11 - Appendix No. 2 to these Rules between consumers, cannot exceed the volume of communal services calculated on the basis of the consumption standards of the corresponding communal resource in order to maintain common property in an apartment building, except in cases where a general meeting of owners of premises in an apartment building, held in accordance with the established procedure, decided to distribute the volume of utilities in the amount of the excess of the amount of utilities provided for general needs, determined based on the indications of a collective (general) metering device , over the volume, calculated on the basis of the norms for the consumption of a communal resource for the maintenance of 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 belong are used.

If the general house (collective) and all individual (apartment) metering devices have the same functionality to determine the volumes of consumption of public services differentiated by the time of day or by other criteria reflecting the degree of use of public utilities, then the volumes of public services provided for the billing period for general household needs are determined separately for each time of the day or other criterion and the amount of payment for each of these volumes of utility services are distributed among consumers in accordance with the first paragraph of this paragraph. In other cases, the volume of utility services provided for the billing period for general household 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 by other criteria reflecting the degree of utilization of utility resources, unless otherwise provided by an agreement containing provisions on the provision of utilities.

(see text in previous edition)

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

(see text in previous edition)

46. ​​The payment for the corresponding type of utility service provided for the billing period for general household needs, determined in accordance with paragraph 44 of these Rules, shall not be charged to consumers if, when calculating the volume of utility services provided for the billing period for general household needs, it is established that the volume the utility resource, determined based on the readings of the collective (common house) metering device 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 the volumes of the corresponding type of communal resource used by the contractor during this billing period in the independent production of communal services for heating and (or) hot water supply determined in accordance with paragraph 54 of these Rules.

(see text in previous edition)

(see text in previous edition)

48. In the absence of a collective (common house) metering device, the amount of payment for a utility service (with the exception of a utility service for heating) provided for common 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 the communal resource 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 previous edition)

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

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

from the date specified in the contract containing the provisions on the provision of utilities, or in the consumer's statement submitted to the contractor in accordance with subparagraph "k" of paragraph 34 of these Rules, on the beginning of consumption of the communal 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 the identification of the fact that the consumer does not have an individual metering device and on the consumption of the communal service provided by the contractor when using the land plot and outbuildings located on it. Such an act is drawn up by the performer in the presence of the consumer and at least 2 disinterested persons. The contractor is obliged to indicate in the act of the consumer's objections and does not have the right to prevent the consumer from attracting other disinterested persons to participate in the inspection, information about which, if attracted by the consumer, must also be included in the act drawn up by the contractor.

50. The calculation of the amount of payment for a utility service provided to a consumer living in a room (rooms) in a residential building 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 - of Appendix No. 2 to these Rules.

(see text in previous edition)

If a communal apartment is equipped with a common (apartment) metering device for electrical energy and at the same time all rooms in the communal apartment are equipped with indoor metering devices for electrical energy, then the amount of payment for the utility service for electricity provided to the consumer in a 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) metering device for electric energy and at the same time not all rooms in a communal apartment are equipped with indoor metering devices for electric energy, then the calculation of the amount of payment for a utility service for electricity provided to a consumer living in a room (rooms) equipped with a room electricity metering device, is carried out on the basis of 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 (amount) of electrical energy consumed in premises that are the common property of the owners of rooms in a communal apartment, and on its distribution among all consumers in a communal apartment.

The specified agreement must be executed 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 the utility service 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 this agreement, the calculation of the payment for the utility service for electricity supply is carried out in accordance with the formula 7 of Appendix No. 2 to these Rules, without taking into account the readings of indoor electricity meters.

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

52. The calculation of the amount of payment for utilities provided to consumers in residential premises in apartment-type dormitories is carried out in accordance with the procedure established for calculating the amount of payments for utilities for consumers living in residential premises in an apartment building.

(see text in previous edition)

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

(see text in previous edition)

The volume of the communal resource used in the production is determined according to the readings of the metering device that fixes the volume of such a communal resource, and in its absence - in proportion to the costs of such a communal resource for the production of heat energy used in order to provide a communal heating service and (or) in order to provide a communal service for hot water supply.

(see text in previous edition)

At the same time, the total volume (quantity) of heat energy produced by the contractor for the billing period, used for the provision of communal heating services and (or) for the provision of communal services for hot water supply, is determined according to the readings of metering devices installed on the equipment with the use of which the contractor a utility service for heating and (or) hot water supply was performed, and in the absence of such metering devices - as the sum of the volumes (amount) of heat energy used to provide utility services for heating and (or) in order to provide utility services for hot water supply, determined according to the indications of individual and general (apartment) heat metering devices, which are equipped with residential and non-residential premises of consumers, the volumes (amount) of heat energy consumption used to provide utility heating services and (or) provide utility services for hot water supply, determined in accordance with the procedure established by these Rules for consumers whose residential and non-residential premises are not equipped with such metering devices, and the volumes (amount) of heat energy consumption used to provide public services for hot water supply for general household needs, determined based on the standards consumption of hot water in order to maintain common property in an apartment building and standards for the consumption of thermal energy used to heat water for hot water supply. The volume (amount) of heat energy consumed during the billing period for the needs of heating an apartment building or residential building is determined taking into account the provisions of paragraph 42 (1) of these Rules.

(see text in previous edition)

When determining the size of the consumer's payment for the utility service for heating (in the absence of centralized heat supply), the volume of utilities used in the production is distributed between 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 an apartment building owned (in use) by each consumer. house in accordance with formula 18 of Appendix No. 2 to these Rules.

The amount of the consumer's payment for the utility service 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 previous edition)

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 the communal resource used for heating cold water in order to provide communal services for hot water supply and the tariff (price) for the communal resource. At the same time, the volume (quantity) of the communal resource is determined based on the specific consumption of the communal resource used for heating cold water in order to provide communal services for hot water supply, in an amount equal to the volume of hot water consumed during the billing period in a residential or non-residential premises and for common households. needs.

(see text in previous edition)

The payment for the utility service 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 to be included in the maintenance fee for the dwelling.

(see text in previous edition)

The amount of the consumer's payment for the communal heating service (in the absence of centralized heat supply) if there is a heat energy meter in the apartment building installed on the equipment that is part of the common property in the apartment building, with the use of which the communal heating 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. evenly during the calendar year, once a year is adjusted in accordance with formula 18 (3) of Appendix No. 2 to these Rules.

55. In the absence of a centralized hot water supply and the use of heating equipment installed in a residential building to meet the demand for hot water supply, the payment for utility services for hot water supply is not charged.

In this case, the volume of cold water, as well as electrical energy, gas, heat 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 common (apartment) metering device for cold water, electric energy, gas and heat energy used to heat cold water, the volume of consumption of such communal resources is determined based on the standards for the consumption of communal services established for consumers living in residential premises in the absence of centralized hot water supply.

56. If the living quarters, not equipped with an individual and (or) general (apartment) metering device for hot water, and (or) cold water, and (or) electric energy, are used by temporarily residing consumers, then the amount of payment for the corresponding type of utility service, provided in such a dwelling is calculated in accordance with these Rules based on the number of consumers permanently residing and temporarily residing in the dwelling. At the same time, for the purpose of calculating the payment for the corresponding type of utility service, a consumer is considered to be temporarily living in a dwelling if he actually resides in this dwelling for more than 5 consecutive days.

56 (1). If the dwelling is not equipped with an individual or common (apartment) metering device for cold water, hot water, electric energy and gas and the contractor has information about consumers temporarily living in the dwelling who are not registered in this room at their permanent (temporary) place of residence, or place of stay, the contractor has the right to draw up an act establishing the number of citizens temporarily living in a residential building. The specified act is signed by the performer and the consumer, and in case of the consumer's refusal to sign the act - by the performer 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, by the chairman of the partnership or cooperative, if the management of an apartment building is carried out by a partnership or cooperative and the management body of such a partnership or cooperative has entered into a management agreement with the management organization.

(see text in previous edition)

This act specifies the date and time of its preparation, the surname, name and patronymic of the owner of the dwelling (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 date of the beginning of their residence and subject to of the signing of the act by the owner of the residential premises (permanently residing consumer), the date of the beginning of their residence is indicated. If the owner of the dwelling (permanently residing consumer) refuses to sign the act or the owner of the dwelling (permanently residing consumer) is absent from the dwelling at the time of drawing up the act, a corresponding note is made in this act. The contractor is obliged to transfer 1 copy of the act to the owner of the residential premises (permanently residing consumer), and if such an act is refused, a mark is made.

(see text in previous edition)

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

(see text in previous edition)

56 (2). In the absence of citizens permanently and temporarily residing in a 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 temporarily residing consumers is terminated from the day following the day:

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

B) the expiration of the period of residence of such consumers in the residential premises, which is indicated in the application of the owner or permanent resident 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 the beginning of the residence of temporarily residing persons in the dwelling for use in calculating the payment for utilities and carrying out, if necessary, recalculations for the previous periods is indicated in the statement of the owner (permanent resident consumer) on the use of the dwelling by temporarily residing consumers. In the absence of such a statement or in the absence in such a statement of the date of commencement of residence of temporarily residing persons in a dwelling, such a date is considered the 1st day of the month of the date of drawing up an act on establishing the number of citizens temporarily residing in a dwelling. The specified act is drawn up in the manner specified in clause 56 (1) of these Rules.

(see text in previous edition)

In the application of the owner or permanently resident consumer for the use of residential premises by temporarily residing consumers, the surname, name and patronymic of the owner or permanently residing consumer, address, place of residence, information on the number of temporarily residing consumers, on the dates of the beginning and end of residence of such consumers in living space. Such a statement is sent to the executor by the owner or a permanently residing consumer within 3 working days from the date of arrival of the temporarily residing consumers.

58. The number of consumers temporarily living in the 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 the act on establishing the number of citizens drawn up by the contractor in accordance with paragraph 56 (1) of these Rules, temporarily living in a dwelling.

(see text in 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 indications of an individual or general (apartment) meter for a period of at least 6 months (for heating - based on the average monthly consumption for the heating period in cases when, 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 when, in accordance with paragraph 42 (1) of these Rules, when determining the amount of payment for heating, the indications of the individual or total (apartment) metering device), in the following cases teas and for the indicated settlement periods:

(see text in 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 time period until the next calibration, - starting from the date when these events occurred, and if the date is set impossible, - then starting from the billing period in which the indicated events occurred, until the date when the accounting of the communal resource was resumed by putting into operation an individual, general (apartment), room metering device that meets the established requirements, 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) if the consumer fails to provide indications 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 on the provision of utilities, or by a decision of the general meeting of owners of premises in an apartment building, - starting from the billing period for which the consumer has not provided the metering device readings before the billing period (inclusive), for which the consumer presented the meter readings to the contractor, but no more than 3 billing periods in a row;

(see text in previous edition)

ConsultantPlus: note.

The norm of pp. "e" of clause 85, referred to in the paragraph below, corresponds to the norm of paragraphs. "d" of clause 85 as amended by the Government Decree of December 26, 2016 N 1498.

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

(see text in previous edition)

59 (1). The payment for the utility service provided for general household 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 consumption of the utility resource, determined according to the indications of the collective (general) metering device for the period not less than 6 months (for heating - based on the average monthly consumption for the heating period), 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 - at least 3 months heating period) - starting from the date when the collective (common house) metering device previously put into operation was out of order or its service life expired, and if it is impossible to establish a date, then starting from the estimated period in which the specified events occurred, before the date when the utility metering was resumed by introducing operation of a collective (common house) metering device that meets the established requirements, but no more than 3 billing periods in a row.

(see text in 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) metering device for heat energy) was less than 3 months, in the cases specified in paragraph 59 of these Rules, the payment for utilities provided to consumers in residential or non-residential premises for the billing period, is determined based on the consumption standards of the corresponding 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, the payment for the heating utility provided to consumers in residential or non-residential premises of an apartment building equipped with a collective ( general house) heat metering device, is determined in accordance with the provisions of paragraphs three to five of paragraph 42 (1) of these Rules.

(see text in previous edition)

60. After the expiration of the maximum number of billing periods specified in paragraph 59 of these Rules, for which the payment for the utility service is determined according to the data provided for by the specified paragraph, the payment for the utility service provided to the dwelling 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 the standards of consumption of utilities with the use of a multiplying coefficient, the value of which is assumed to be equal to 1.5, and in the cases provided for in subparagraph "b" of paragraph 59 of these Rules, based on standards for the consumption of utilities.

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

When calculating the payment for a utility service in accordance with this paragraph, differentiation of tariffs by zones of the day and other criteria is not applied.

(see text in previous edition)

60 (1). After the expiration of the maximum number of settlement periods specified in paragraph 59 (1) of these Rules, for which the payment for the utility service provided for general household needs and the payment for the utility service for heating are determined according to the data provided for by the specified paragraph, if the owners of premises in an apartment the house was not provided in the prescribed manner with the restoration of the working capacity of a failed or replacement of a previously lost and put into operation collective (common house) metering device, 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 communal services provided for general house needs, with the exception of communal services for heating, in the manner specified in paragraph 48 of these Rules;

(see text in previous edition)

If the consumer does not admit it 2 or more times to the residential and (or) non-residential premises of the contractor occupied by him, to check the status of installed and put into operation individual, general (apartment) metering devices, check the reliability of the information provided on the readings of such metering devices and subject to the execution of an act by the contractor on the refusal of admission to the metering device, the readings of such a metering device provided by the consumer are not taken into account when calculating the payment for utilities before the date of signing the act of carrying out the specified check. If the consumer does not provide admission to the residential premises he occupies, the household to the contractor after the expiration of the maximum number of settlement 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 by the specified paragraph, the amount of payment for utilities is calculated taking into account the increasing coefficients in accordance with the formulas for calculating the amount of payment for utilities for cold water supply, hot water supply, electricity provided in Appendix No. 2 to these Rules, providing for the use of increasing coefficients, starting from the billing period following the billing period specified in subparagraph "in "clause 59 of these Rules, before the date of drawing up the inspection report.

(see text in previous edition)

(see text in previous edition)

(see text in previous edition)

61. If, in the course of the contractor's verification of the reliability of the information provided by the consumer about the indications of individual, general (apartment), room metering devices and (or) checking their condition, the contractor finds that the meter is in good working order, including the seals on it. damaged, but there are discrepancies between the readings of the meter being checked, the 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 for the billing period preceding the check, then the contractor is obliged to recalculate the amount of payment for the utility service and send to the consumer within the time limits established for payment of utilities for the billing period in which the contractor carried out the check, the requirement to make additional charges for the utilities provided to the consumer or notification of the amount of payment for utilities is unnecessary accrued to the consumer. The amounts overpaid by the consumer are subject to offset when paying for future billing periods.

(see text in previous edition)

The recalculation of the size of the board should be made on the basis of the readings of the checked meter taken by the contractor during the check.

At the same time, unless the consumer proves otherwise, the volume (quantity) of the utility resource in the amount of the revealed difference in readings is considered consumed by the consumer during the settlement period in which the contractor carried out the check.

62. If a connection (hereinafter - unauthorized connection) of the consumer's in-house equipment to the in-house engineering systems is detected in violation of the established procedure, the contractor is obliged to draw up an act on the identification of unauthorized connection in the manner prescribed by these Rules.

On the basis of the act on the identification of unauthorized connection, the contractor sends a notice to the consumer about the need to eliminate the unauthorized connection and makes additional charges for the utility service for the consumer, in whose interests such a connection was made, for utilities consumed without proper accounting.

In this case, additional charging of the amount of payment should be made based on the volume of the communal resource, calculated as the product of the capacity of unauthorized connected equipment (for water supply and wastewater disposal - according to the throughput of the pipe) and its round-the-clock operation for the period starting from the date of the unauthorized connection specified in the act on identification of an unauthorized connection, drawn up by the contractor with the involvement of the appropriate resource supplying organization, and if it is impossible to establish the date of the unauthorized connection - from the date of the previous check by the contractor, but no more than 3 months preceding the month in which such a connection was detected, until the date of elimination by the contractor such an unauthorized connection. If it is impossible to determine the capacity of unauthorizedly connected equipment, additional charges are made based on the volume determined on the basis of the consumption rate of the corresponding utilities with the application of a multiplying coefficient 10 to such a volume. in these cases, it is calculated taking into account the number of owners of such premises.

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 in-house utility networks, and an organization authorized to perform these actions by the legislation of the Russian Federation on water supply, sewerage, electricity supply, heat supply, gas supply, if such a connection is made to the centralized networks of engineering and technical support before entering an apartment building and the consumption of a communal resource in such a non-residential premises is not recorded by a collective (general) metering device.

The volume of utilities consumed in non-residential premises in case of unauthorized connection is determined by the resource supplying organization by calculation methods provided for by the legislation of the Russian Federation on water supply and sanitation, power supply, heat supply, gas supply for cases of unauthorized connection.

(see text in previous edition)

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

Utilities are paid by consumers to the contractor or to the paying agent acting on his behalf or to the bank paying agent.

64. Consumers have the right, in the presence of an agreement containing provisions on the provision of utilities, concluded with the contractor represented by the managing organization, partnership or cooperative, to pay for utilities directly to the resource supplying organization that sells the utility resource to the contractor, or through payment agents or bank payment agents in the event that the decision to switch to this method of settlement and on the date of the transition was made by a general meeting of owners of premises in an apartment building, members of a partnership or cooperative. In this case, the contractor is obliged to provide the resource supplying organization with information on the decision made within 5 working days from the date of the decision.

a) pay for utilities in cash, in a non-cash form using accounts opened, including for these purposes, in banks of his choice or by transfer Money without opening a bank account, by postal orders, bank cards, via the Internet and in other forms stipulated 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 utilities 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 utilities;

c) pay utility bills for the last billing period in installments, without violating the deadline for paying utility bills established by these Rules;

D) carry out prepayment of utilities for future billing periods.

66. Payment for utilities is paid monthly, by 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 a homeowners' association or cooperative (when providing utilities by a partnership or cooperative ), there is no other deadline for paying utility bills.

(see text in previous edition)

67. Payment for utilities is paid on the basis of payment documents provided 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 a decision of the general meeting of members of a homeowners' association or cooperative ( for the provision of utilities by a partnership or cooperative), no other deadline has been set for the submission of payment documents.

b) the name of the performer (indicating the name of the legal entity or last name, first name and patronymic individual entrepreneur), his bank account number and bank details, address (location), contact phone numbers, fax numbers and (if any) address Email, the 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 amount of tariffs (prices) for each type of the corresponding utility resource, units of measurement of the volume (quantity) of utility resources (when applying hot water tariffs in calculations for utility services for hot water supply, consisting of a component for cold water used in order to provide utility services for hot water supply, and a component for thermal energy used for heating water in order to provide utility services for hot water supply - the value of each of the components, units of measurement of the volume (quantity) of hot water and heat energy in natural quantities);

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

70. In the payment document issued to the consumer of utilities in an apartment building (cold water supply, hot water supply, sewerage, electricity supply), in the case established by paragraph one of clause 40 of these Rules, the payment for utilities for general household needs and payment for utilities provided to the consumer in a residential or non-residential premises, are subject to indication in separate lines.

(see text in previous edition)

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

The provision of such an 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 utility charges for the billing period at a time, items providing for the possibility of payment by the consumer in installments in the amount of one twelfth of the utility payment for the expired ( expired) the settlement period in which (which) the specified excess occurred, and the amount of interest for using the installment plan, which is subject to payment by the consumer when paying for utility services under this payment document.

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

The installment plan is provided on the terms of paying the payment for the utility service in equal installments within 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 of the Central Bank of the Russian Federation increased by 3 percent. Federation acting on the day the installment plan is granted. Interest for the provided installments is not charged or is charged in a smaller amount, if at the expense of the budget (budgets) different levels of the budgetary system of the Russian Federation, the contractor is provided with compensation (reimbursement) of funds not received in the form of interest for the provision of installments.

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

74. The contractor who provided the installment plan to the consumer who used such an installment plan has the right to inform the resource supplying organization about this in writing with the attachment of supporting documents, with which the contractor has entered into an agreement on the purchase of the corresponding type of utility resource in order to provide utilities. Such a resource supplying organization is obliged to provide the contractor with a similar installment plan on the same conditions that the contractor provided to the consumer. Interest for the provided installment plan is not charged or is charged 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) of funds not received in the form of interest for the provision of installments. Part 2 of Article 8 of the Federal Law of December 29, 2004 N 189-FZ "On the Enactment 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 utility bills is reduced by the amount of the discount. Such a discount applies to payments for utilities provided to the consumer in the dwelling and for general household needs in an apartment building and in a dwelling in a household.

(see text in previous edition)

77. In the event that a consumer who, in accordance with the legislation of the Russian Federation, is provided with compensation for utility bills or a subsidy for housing and utility bills, or for whom other measures of social support in monetary form are applied, the amount of utility bills shall not be reduced is subject to and paid in full. The specified measures of social support are applied in relation to payments for utilities provided to the consumer in the dwelling and for general household needs in an apartment building and in a dwelling in a household.

Open the full text of the document

The rules for the provision of utilities are strictly regulated by the state legislation of the Russian Federation. The list of guidelines governing the process includes both federal law and local legal acts and official regulations. Owning legal information a citizen can defend his legal consumer rights in every instance. One of the main rules will be compliance by the tenant with his direct obligations in the field of housing and communal services (housing and communal services). In other words, there should be no complaints about him.

Payment for utilities makes up a significant part of the funds of an ordinary citizen, and this does not depend on whether he is the owner of real estate or uses it as a tenant. The rules for providing utilities to owners and users of premises are the same. However, it is possible and necessary to reduce the amount in the utility bills receipt, if required. All the rules for the provision of public services to citizens will be discussed below.

The list of utilities is determined directly by state legislation, or rather, by the Government of the Russian Federation, the definition of which is valid throughout the territory of Russia. Among other things, this list of services must be provided by the contractor for the entire calendar year... The only exception is heating. Heating utilities are provided seasonally.

However, the legislation also defines the time intervals for repair work, and also takes into account unforeseen emergencies. In these cases, time limits are provided for the repair and elimination of the accident.

When public utilities provide services of poor quality during the year, that is, the number of outages exceeds the value stipulated by law, then residents have the legal right to present an official claim or complaint against unscrupulous “public utilities”. This is stated by the law on the protection of the rights of consumers of housing and communal services.

The obligatory list of services that must be provided by utilities includes the following items:

The complex of the provision of utilities directly depends on the comfort and provision of certain engineering networks of a particular residential building.

In the event that the house does not have some utilities, then no fee will be charged for them. Consequently, the cost of its maintenance will be lower due to the absence of a corresponding deduction clause.

PP number 354 on the provision of communal services, adopted in 2011, is the main legislative act that regulates all activities of the housing and communal services. This document is often edited, and, therefore, the latest rules for the provision of public services, that is, their latest edition, will be relevant.

The sections to which you should pay attention are:

This resolution is publicly available, and therefore, every interested citizen can study it and monitor compliance with the rules for the provision of utilities and the actions of settlement and cash centers in the field of calculating payment for services.

V last ed actions of the government of the Russian Federation, the description of the non-residential premises has been clarified. To specify the status of the premises and the payment of the corresponding category, you need to contact new version legislation. All disputes between homeowners and housing enterprises regarding maintenance and payment for non-residential premises can be resolved in court.

In accordance with Art. Articles 80 and 81 of the Government Decree now utility company is obliged to check the installed metering devices. That is, after the consumer's statement, the utility service must, within ten days, take the meter readings and check its serviceability. Previously, the legislation provided for checking the meters once every 6 months. Now this period of time has been reduced to a quarter, that is, once every 3 months.

When employees of utilities for any reason do not have access to private metering devices, then the payment will be calculated based on the number of registered residents in this particular room.

According to Chapter 9 of the aforementioned federal law, due to the incorrect calculation of utility bills, which entailed an overpayment for the services rendered, a fine of up to 50% of the amount of the incorrect calculation is provided.

The rules according to which utility bills should be paid are described in Chapter 6 of the Federal Law. Each homeowner must pay in full for the utilities provided to him. However, in addition to the obligation, each citizen is also entitled to check the validity of charges. The quality of the services provided and their compliance with the norms are also taken into account. If the management company overestimates the tariffs and poorly fulfills its obligations, the tenants have the right to change it to another by terminating and renewing the contract.

In addition to the above services, which are paid in accordance with the readings of individual metering devices, the rent also contains items such as:

• service directly at the house itself;
• overhaul of the building;
• keeping the yard area clean;
• maintenance of elevators;
• keeping public premises, stairs and elevators clean;
• garbage disposal and maintenance of general communications.

All figures included in the "zhivka" are calculated by the specialists of the service office on a monthly basis. There are many points in the rent, according to which they must be justified and correspond to the tariff units valid on the current date.

All items of the receipt can be divided into 2 types of costs:

• private;
• common house.

If the tenant has some benefits for utility bills, then the category of benefit and the reasons for reducing the rate must be indicated.

Clause 54 of the new Rules prescribes the calculation of payment for heating and hot water supply services, if the contractor wants to make the calculation on his own.

When drawing up a contract for the provision of utilities, all conditions, obligations and responsibilities of the parties should be taken into account. In case of omission of any condition, the conflict situation will be resolved on the basis of legislative norms and rules. The main document for drawing up a contract for the supply of services is clause 124 of the Rules.

When drawing up a standard form of a contract for the provision of utilities, a number of actions should be taken:

• declare in writing about the desire to conclude contractual obligations for the provision of services and attach the entire mandatory package of documents;
• obtain a preliminary draft of the contract from the service provider and correct disagreements on points, if any;
• arrange additional agreement about the absence of claims and the elimination of disagreements;
• sign a contract for the provision of services.

As for the contract itself, then it must necessarily indicate the tariffs for the services provided. In addition, it provides for the responsibility of both the party providing the service for poor quality of its provision, and the consumer for violation of the terms of this agreement.

There are situations when the contract is drawn up retroactively. The legislation provides that the party providing the service can transfer the draft agreement to the consumer within 20 days from the date of the beginning of the provision of these very services.

The consumer has 30 days to adjust or agree to the terms. At the end of the period of time allotted by law, the contract will be considered automatically concluded.

To complete the described contract, the service provider should submit the following package of mandatory documents:

In the event of inaccuracies in the submitted documentation or the provision of an incomplete package of papers, the service provider must notify the consumer of this fact no later than 5 working days

In addition to the terms of the concluded contract, the parties must strictly comply with the rules prescribed in chapters 4 and 5 of Federal Law No. 354 and governing relations between the parties.

As for the organization of the utility provider, its rights and obligations are given in Articles 31, 32 of the Federal Law:

The housing company has the right to choose a direct service provider independently, as well as to conclude a contractual relationship with him. In the case of planning repairs, accidents and other leading to a disruption in the supply of services, the company must notify the tenants by means of an announcement in specially designated places. Legislation supports property owners and tenants in fighting unscrupulous service providers in ways such as consumer protection.

In the event of the provision of services of unsatisfactory quality, the user has the right to record his claims in the book of complaints and suggestions. The latter, in turn, must necessarily be available from every service provider.

On the complaint received, not only should appropriate measures be taken by the company managers, but also a written response about this should be issued within an interval of three working days. This is stated in Art. 31 of the current legislation.

Basic rights and obligations of the consumer, Articles 33, 34:

According to article 35, the tenant has no legal right to perform actions prohibited to him, for this the state provides for heavy fines.

According to article 309 Civil Code Russia, all obligations should be performed properly in accordance with the contractual conditions and applicable law. The parties do not have the right to individually change the terms of the agreement, as well as not to fulfill their obligations.

For a single non-payment of the amount, according to Resolution 354, amended from January 1, 2017 as amended, the legislation does not provide for any liability.

Previously, failure to pay in due time threatened to accrue fines and penalties. Today, this punishment is provided if a citizen is late with payment by more than 30 days.

The reason for making the appropriate changes was the crisis situation in the country, which entailed a delay in payments wages citizens.

However, in parallel, the sanctions were tightened against those citizens who deliberately do not pay for utilities.

Until the beginning of 2017, the interest rate was equal to 1/300 of the refinancing rate of the Central Bank of the Russian Federation.

To date, the rates are distributed as follows:

• 1/300 for a period of non-payment of 31-90 days;
• 1/130 for non-payment of 91 or more days.

However, the government does not stop at the size of the penalties for hard-core defaulters, since conscientious tenants suffer through their fault. In the future, the amount of the penalty is planned to be increased.

The home user should be aware of the following about the procedure for providing utilities.

The main responsibility for non-payment of utility bills is borne directly by the owner of the apartment, in contrast to the users of municipal housing.

Utility rules are for the homeowner to pay receipts on time.

In the absence of monthly payments for services rendered, representatives of the housing and communal services sector can:

1. Warn in writing and offer to pay the debt without imposing penalties.
2. Visit the defaulter and verbally explain the impending consequences and penalties.
3. Suspend the provision of services.
4. Start a lawsuit to collect outstanding payments.

The latter method is the most inconvenient and costly for both parties, therefore, whenever possible, utilities are trying to resolve the issue peacefully.

As for the debt itself, during the process, due to the accrual of penalties on it, this amount can increase significantly.

If the court decides in favor of the utilities, they will be obliged to pay off the amount of the debt in full.

Every citizen is interested in what rule for calculating the cost of utilities is in effect now. Therefore, paragraph of Art. 354 can reveal important questions, and give answers as established by law.

Resolution 354 as last amended 2016,

The regulation from the government of the Russian Federation on utilities was created in June 2011. After that, the law was required to be amended, so every year in April, March, July, May, mid-June and other months new project with changes. Russian law for this period operates in accordance with the latest amendments. It is worth investigating this right before considering amendments.

Federal law in Resolution 354 contains the following sections:

• Provision of services that the user and the owner of the premises will receive;
• Condition and main order of how the service is provided;
• Metering devices and calculation of the size of the payment;
• Recalculation and accrual for heating, electricity, water;
• The issue of canceling the provision of services;
• Application, where there are calculation rules, as well as the formula and rate standard;
• Changes to be made to the act.

The current edition with the latest amendments has some amendments in accordance with actual situation in housing and communal services. For December 2015, it was required to approve the amendments, which will enter into force in 2016. Also, the federation made changes to the government's vision of this document in September, April, late January and other months. Many portals, such as consultant plus, pay attention to the text of this provision, so it is worth considering each part of it in the latest revision. on different types services.

About utilities

Regulation number 354 regulates the consumption of housing and communal services resources for owners and users of residential apartments or non-residential premises. V new edition the law of the Russian Federation contains consumption standards and payment for them. For example, the document explains when the settlement force for a utility package begins. Entry into force begins at the time of the emergence of property rights, from the date of the conclusion of the lease for the premises, from the date of the lease and entry into the apartment building. Arbitrage practice confirms the guarantor of compliance with Resolution 354 throughout the Russian Federation, including the Moscow region, Kirov and Perm.

Heating

This section describes the general household needs for providing heating to citizens. This paragraph explains in examples how much, according to the rules, the length of heating should be calculated in terms of time and temperature in the apartment. Temperature and heat are regulated according to the approved standards, the amount of payment for heating is calculated.

By electricity

With this sub-clause, the regulation determines the order in which the supply and distribution of electricity is carried out. the voltage standards, the period that is possible due to the temporary lack of energy, about the verification of lines and about energy saving are indicated. During the year, there is a restriction on the time of absence. The edition contains requirements for line voltage in accordance with GOST.

General House Needs Ordinance 354 To Pay Or Not To Pay?

Many people ask whether or not to pay the bill for the general housekeeping is needed. The Housing Code stipulates that the costs of water supply and other services for general household needs will be evenly entered into each separate receipt. This payment is important in relation to the provision of utilities, so everyone pays receipts.

Recalculation for heating according to the general house meter according to Resolution 354, calculation formula

The contractor issues an invoice for electricity or hot water on the day the receipt is issued on the counter. Recalculation for cold water is carried out according to the formula, where the volume for non-residential premises, the volume for apartments for individual accounting, the volume of hot water and the volume of costs for water supply are subtracted from the unaccounted volume of water for the accounting period and multiplied by the area of ​​the apartment divided by the area of ​​all apartments. Today you can download an application for free, which contains order 354, where there is a calculation form, correction and comments.

118. An incomplete payment by a consumer for a utility service means that the consumer has a debt to pay for 1 utility service in an amount exceeding the amount of 2 monthly payments for utility services, calculated on the basis of the consumption rate of the utility service, regardless of the presence or absence of an individual or common (apartment) appliance accounting and tariff for the corresponding type of communal resource, valid on the day of limitation of the provision of communal services, provided that there is no agreement between the consumer-debtor and the contractor on repayment of the debt and (or) if the consumer-debtor fails to comply with the terms of such an agreement.

If the consumer does not fully pay for all types of utilities provided by the contractor to the consumer, then the contractor calculates the consumer's debt for each type of communal service separately.

If the consumer partially pays for the utilities provided by the contractor and services for the maintenance and repair of the residential premises, the contractor divides the payment received from the consumer between all the types of utilities specified in the payment document and the payment for the maintenance and repair of the residential premises in proportion to the size of each fee specified in payment document. In this case, the contractor calculates the consumer's debt for each type of utility service based on the partially unpaid amount.

Those. if the owner has not paid for a couple of vouchers, then the money received from him must be proportionally (in percentage) divided between the obligatory services (utilities, housing, overhaul).

Reservation.

If the HOA / UK distributed part of the funds received for services that are not included in utilities (354 post. Definition of services) and housing (State Construction Decree No. 170), then the distribution to the same services (security, for example), even if they are accepted for general meeting- will be illegal.

119. Unless otherwise specified federal laws, by decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation or an agreement containing provisions on the provision of utilities, the contractor, in the event of incomplete payment by the consumer of the utility service, has the right, after a written warning (notification) of the consumer-debtor, to restrict or suspend the provision of such utility service in the following order:

a) the executor sends a warning (notification) to the consumer-debtor in writing that in case of non-payment of the debt on payment of the utility service within 20 days from the date of transmission to the consumer of the said warning (notice), the provision of such utility service to him may first be limited, and then suspended or, in the absence of the technical feasibility of imposing a restriction, suspended without prior imposing a restriction. The warning (notification) is brought to the attention of the consumer by handing it against receipt or sending it by mail by registered mail(with a list of attachments);

b) if the consumer-debtor fails to pay off the debt within the period specified in the warning (notification), the executor, if technically feasible, introduces a restriction on the provision of the utility service indicated in the warning (notification) with a preliminary (3 days in advance) written notification of the debtor consumer by giving him a notification under a receipt;

c) in the absence of the technical feasibility of introducing a restriction in accordance with subparagraph "b" of this paragraph, or in case of non-repayment of the resulting debt and after 30 days from the date of introduction of the restriction on the provision of utility services, the contractor suspends the provision of such utility services, with the exception of heating, and in apartment buildings also with the exception of cold water supply - with a preliminary (3 days in advance) written notification of the consumer-debtor by giving him a notice against receipt.

The contractor (ie HOA or UK, etc.) limits the unpaid (exactly the one for which there is a debt, and not any, as some "talented" HOA think) by disconnecting from the common house node, or overlapping, with the exception of heating during the heating season.

Terms of notifications are given, they cannot be violated, tk. it is a mandatory rule of law. (binding i.e.)

The current legislation is subject to quite significant adjustments every year, and even those people who constantly understand the laws do not always have time to track the changes that are taking place.

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Citizens generally try to pay attention only to those norms of the current legislation that directly affect some of their spheres of life, and, first of all, it concerns the payment of utilities, which makes up most of the budget expenditures of the majority of families.

In particular, it will be useful for many to familiarize themselves with the norms introduced by Resolution 354 with the latest changes in 2020 on utilities.

What you need to know

The recalculation of utilities is carried out in full compliance with the norms stipulated by the current legislation. If the owner of residential real estate has some kind of metering devices, the recalculation procedure will be carried out automatically after the receipt of information about the updated data.

If there are no devices, and the owner will be absent for a certain period of time together with other people who live in the apartment on a permanent basis, the recalculation will be carried out according to the standard scheme.

The recalculation procedure itself provides for the repeated calculations of the payment of a certain person for the utilities used by him. If any overlays or errors were found that were found in the process further work equipment, the management company or the housing and communal administration will fully compensate for the overpayment.

In practice, in the overwhelming majority of cases, the recalculation is carried out for the reason that property owners pay for utilities not in the amount that they have consumed, but in accordance with established standards.

If the owner of the real estate decided to install specialized metering devices in an apartment or a private house, this suggests that from that moment on, utilities will be paid to them in accordance with the indicators of these devices, and not according to established standards. In this case, it often happens that the equipment works with some kind of malfunction.

The norm is set in the form of 1/12 of last year's consumption of resources, in connection with which every month users of utility resources pay the corresponding amount established based on the results of last year.

At the end of the heating season, in various apartment buildings equipped with common meters, the housing and communal organization carries out the recalculation procedure and returns the consumer's overpayment. In some cases, adjustments are made in the opposite direction.

The most common option for overpayments is private amounts, when the owner of the apartment does not send to government bodies the indicators of his counter for one reason or another, as a result of which the next month he should be recalculated.

It should be noted that the recalculation procedure is based on legal grounds and is carried out in accordance with the norms specified in Resolution No. 354, which is devoted entirely to the provision of public utilities to citizens. In 2017 this normative act certain adjustments were made, and therefore now we can speak for sure about how the recalculations are carried out.

This normative act reflects only this procedure in houses that are not equipped with meters, since with meters, recalculation is carried out automatically after loading all the necessary information from metering devices into the information base.

Each citizen who is the owner or tenant of a certain real estate, in accordance with the current legislation, belongs to the category of consumers, since on a regular basis he uses state resources provided by various companies in accordance with an agreement drawn up.

In this case, the state acts as the guarantor of the legal implementation of the relationship between the consumer and the contractor, and in accordance with the norms of the above regulation, everyone has the right to receive a recalculation for utilities if there are certain grounds.

Resolution and latest amendments to it

The amendments made to the specified normative act were carried out in accordance with the norms of Resolution No. 1498, which was adopted on December 26, 2012, and have been consistently implemented since 2020. The most significant in this case are the innovations that affected the procedure for calculating amounts for general household needs.

If the previously indicated payment belonged to the category of utilities, then since the new year it has become housing, that is, the costs necessary to pay for hot and cold water supply, as well as water disposal, energy supply and heating are related to the costs of living quarters.

The amount of costs required to meet general house needs is established as the balance between the indicators recorded on all installed metering devices in the house, as well as the meters that are present in the apartment of each tenant.

In this case, the selected method of accrual will directly depend on whether there is a corresponding metering device in the apartment building, since in the absence of one, the amount of payments is set in accordance with the area of ​​the apartment in proportion to the total area of ​​the house.

First of all, the adjustments made affected the requirements that apply to the procedure for calculating payments for general household needs. The amount of due payments for the apartment is now set in accordance with the billing period, depending on the area of ​​the residential apartment.

In accordance with Resolution No. 354, it is necessary to determine the standards for general household expenses before June 1, 2020, and if, according to the results of the reporting period, the exceeded standards for the use of utilities by citizens are not recorded, the costs in this part will have to be compensated by the management company or the HOA, while while the distribution of the direct standard will occur between the tenants.

The next adjustment affected the procedure for recalculations for consumed utilities in the event that tenants are absent from their apartment for a certain period of time. If, at the same time, metering devices are installed in the room, recalculation, in principle, will not be carried out, since the meters simply do not have to record the consumption of resources.

At the same time, if the consumer has documents confirming the impossibility of installing individual metering devices in the house, he is given the opportunity to recalculate.

Another innovation affects the tariffication procedure for residential real estate, in which there are no registered tenants.

If, before January 1, 2020, deductions for utilities were made exclusively for those apartments in which registered or actually residing tenants were present, in accordance with the new rules, the amount will be charged depending on the total owners of housing, and not on how many users of utilities in fact are.

The owners of empty apartments are fully charged with the payment of all charges in the field of housing and communal services in accordance with the established standards.

General Provisions

Resolution No. 354 includes:

• updated coefficients, in accordance with which the established standards for drainage are determined;
• a detailed description of the installation procedure for measuring equipment;
• a list of motivational measures for the installation of measuring devices;
• a simplified payment scheme for heating apartments and private houses;
• an indication that now there is no need to provide information from the counters;
• an indication that in the event of a temporary absence of tenants in the apartment, it is not necessary to pay utility bills for it;
• the order in which all specified conditions must be met.

The decree pays special attention to the fact that the contractor is liable to consumers in the event that an inappropriate quality of services is recorded, damage to the health or life of citizens due to the unsatisfactory quality of the services provided, the consumer does not receive the necessary information about the quality of the services provided to him, as well as violations the established conditions of the contract. In this case, the contractor must completely release the citizen from the need to pay for utilities or pay him appropriate compensation.

Terms of Service

The key conditions for the provision of utilities are as follows:

• consumers receive utilities from the moment that is determined by housing legislation;
• the composition of utilities provided to the consumer is established in accordance with the degree of improvement of a residential or apartment building;
• the consumer must receive a full list of utilities provided for by the drawn up contract;
• if the heat energy used in the house is supplied through the use of centralized supply networks, the contractor must act in accordance with the periods of the heating period, which are established by the authorized body;
• the provision of utilities to consumers is carried out in accordance with the concluded paid contract;
• the conditions under which utilities are provided are established in accordance with the drawn up agreement.

The parties in the process of drawing up such an agreement are a consumer in the form of a person interested in obtaining certain utilities, as well as an executor in the form of a company responsible for providing housing with all the necessary utilities.

The consumer can independently decide who exactly will act as his utility provider - a management company, a housing and communal organization, a HOA or a housing cooperative.

The agreement drawn up between the parties must reflect all the necessary conditions and the rules according to which the specified services should be provided. Residents should receive all the necessary information about certain points of the drawn up agreement, and also know about the order in which this document is drawn up.

In the event that the consumer announces his intention or is already engaged in the consumption of utilities, the management company can issue a specialized act for him, regulating the main terms and norms in which the required amount will be transferred to the supplier.

Regardless of the type of property available, citizens should be provided with a full list of the services they need. In addition, the user has the right to independently regulate and add to the drawn up agreement additional activities, aimed at improving the house along with the adjacent territory.

If the services provided are of poor quality or there are some other justified reasons, the consumer has the right to draw up an act indicating a violation of the terms of the contract.

Rights and obligations of the parties

The contractor is responsible before the law and the consumer in the following situations:

• the quality of the services provided does not meet the established standards;
• poor quality of services has resulted in damage to the health or life of citizens;
• the consumer does not receive reliable and complete information about the services provided to him;
• the consumer incurred certain losses due to the fact that the contractor did not provide him with quality services.

If the contractor violated the rules affecting the provision of quality services, the consumer can count on complete exemption from the need to make any payment. In some cases, the payment of a forfeit is also provided to the extent that is determined in accordance with applicable law.

The contractor can count on being completely relieved of responsibility in the event of the provision of insufficient quality utilities in the event that the reason for the deterioration is the occurrence of any insurmountable circumstances or the actions of the consumer himself.

In this case, insurmountable obstacles do not include violations of various obligations on the part of the contractor's counterparties, as well as the lack of the required funds necessary to ensure high-quality provision of services.

Regardless of whether an agreement was concluded between the consumer and the contractor, compensation for damage caused due to the provision of utilities of inadequate quality must still be made.

If certain damage was caused to the health or life of the consumer, compensations will be paid over the next ten years from the moment of fixing the insufficient quality of services. The maximum permissible period during which the victim can file a claim with the requirement to consider the fact of the damage caused is three years.

If the contractor who is responsible for the provision of services, for one reason or another, has caused damage to the property or health of the consumer, the latter must draw up the corresponding act in several copies.

At the same time, the consumer must carefully use the engineering communications installed in his apartment, as well as allow authorized employees management company for carrying out all kinds of checks or taking readings from metering devices. In addition, the duties of the consumer include the timely transfer of payment for utilities, as well as immediate notification of the contractor about an emergency condition or any violations in general or internal communications.

Calculation and payment

In accordance with the current legislation, the billing period for utilities is one month, while the amount of payments is set in accordance with the tariffs adopted by the resource supplier, taking into account the territorial conditions and all kinds of surcharges.

The payment documentation must separately reflect the services provided in the dwelling, as well as those that were required to meet the general needs of the house.

It is worth noting the fact that a whole section is devoted to this, which regulates in detail the rules for calculating payments in a number of situations. In particular, this applies to the calculation procedure according to the readings of the installed metering devices, as well as in the case of their absence or partial equipment of the apartment. In addition, the section indicates a number of other situations, in some of which the use of the formulas specified in Appendix No. 2 to this resolution is provided.

Payment for utilities must be made before the 10th day of the month that follows the settlement.

If the transfer is carried out on the basis of the payment documentation of the contractor, the amount must be transferred by the 1st day of the same month. Other terms can be set only in the process of signing the contract, in accordance with which the provision of utilities is carried out.

Recalculation and resizing of the board

The procedure for recalculating utilities is provided in the event that people were absent from the apartment for a certain period of time and, accordingly, did not consume utilities.

In this case, recalculation can be carried out only if the accrual of utilities was carried out in accordance with the standards, and not on the basis of meter readings, since, otherwise, the citizen provides instrument readings that will indicate the complete absence of consumption.

Also, adjustments were made to the drainage ratio. On this moment recalculation of all coefficients that were in effect earlier and directly related to the established drainage standards is carried out.

After the final implementation of this procedure, it is planned to introduce new coefficients, in accordance with which the cost of the provided utilities will be calculated.

A decision is made to adjust the size of tariffs. In particular, it is planned to reduce their cost by 10-15%, but so far this innovation is only being considered by state bodies.

Other sections

In addition, the new decree also regulates the decision conflict situations... In the overwhelming majority of cases, controversial situations arise due to incorrect calculation of the payment of utilities or for the reason that the authorized employees of the utilities do not want to fulfill their direct duties in order to eliminate certain problems that have arisen in their subordinate economy.

In any case, if a problem situation arises, the citizen will need to contact the supplier with a corresponding statement. In accordance with the established rules, it should be considered in deadlines and then submit a written report to the applicant.

If this did not happen, then in this case the applicant will have the opportunity to submit an appeal to the society for the protection of consumer rights, the courts or the prosecutor's office.

In the overwhelming majority of cases, the parties in such situations try to resolve the conflict in the pre-trial order.

If the conflict reaches an insoluble stage, the final result can be obtained only in the course of the trial, when the relevant authorities impose on the guilty execution of the applicant's demands or refuse to satisfy them.

What has been changed

The main revision, which took place in 2020, affected the verification procedure. The time of the inspection in the situations that are established by this clause is assigned within two hours from the moment the consumer received a message about the violation of the quality of the provided utilities.