Formula for calculating water heating in a housing and communal services receipt. “Crib sheet” on the payment document for housing and communal services. Regulatory framework and definitions

In order to answer the question “What is thermal energy?” need to figure out what's different hot water from cold, what affects the water temperature? She's different different quantities the heat it contains. This warmth, or otherwise thermal energy, cannot be seen or touched, it can only be felt. Any water with a temperature above 0°C contains some amount of heat. The higher the temperature of the water (steam or condensate), the more heat it contains. Heat is measured in Calories, in Joules, in MW/h (Megawatt per hour), not in degrees °C. Since tariffs are approved in rubles per Gigacalorie, we will take Gcal as the unit of measurement. Thus, hot water consists of the water itself and the heat energy or heat contained in it (Gcal). The water seems to be saturated with gigacalories. The more Gcal there are in the water, the hotter it is. In heating systems, the coolant (hot water) enters the heating system at one temperature and leaves at another. That is, he came with one amount of warmth and left with another. The coolant transfers some of the heat to environment through heating radiators. For this part that has not returned to the system, and which is measured in Gcal, someone needs to pay. With hot water supply, we consume all the water and, accordingly, all 100% of the Gcal in it, we do not return anything back to the system.

What is coolant?

All the hot water that runs through the pipes into the heating system or into the hot water supply system, as well as steam and condensate (the same hot water), is the coolant. The word coolant consists of two words - heat and carries. When making calculations, heat supply companies break down the coolant into Gcal and network water. The tariff for network water takes into account only the water itself, and does not take into account the Gcal in it. The hot water tariff takes into account both water and Gcal in it. The requirements for the coolant, depending on the purpose (for heating or for hot water supply), different requirements by temperature and sanitary standards. The coolant for hot water supply has a minimum permissible temperature, which must be provided by the heat supply organization, as well as increased quality requirements. For hot water supply purposes, it is taken drinking water, heats up and is released into the network. The coolant temperature for heating purposes depends on the outside air temperature (i.e. the weather). The colder it is outside, the more heating occurs. Conclusions: 1. When paying for heat, you will need to pay for both Gcal and network water. When paying for hot water, also if a separate tariff for hot water is not established. 2. Coolant - carries heat, hot water, also known as network water + Gcal in it. 3. Network water - water without Gcal. 4. In life, coolant and network water can mean the same thing. For those who want to understand this issue in more detail, we suggest that you familiarize yourself with the Rules for metering thermal energy and coolant.

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Is it legal to pay for water heating using a receipt in 2018?

Many people, when paying for utility services, are surprised to see the phrase “water heating” on the receipt. In fact, this innovation was adopted back in 2013. According to Government Decree No. 406, if available centralized system water supply must be paid according to a two-part tariff.

Thus, the tariff was divided into two components: use cold water and thermal energy. Now the calculation is made separately for two resources: water for hot water supply and thermal energy. That is why a column appeared on receipts indicating the amount of thermal energy spent on heating cold water. However, many believe that heating fees are charged illegally and write complaints to housing and communal services. To ensure the legality of this type of charge, you should learn more about this service.

The reason for this innovation was the additional use of energy. Risers and heated towel rails connected to the hot water supply system consume thermal energy, but this consumption was not previously taken into account in calculations of utility bills. Since heating fees can only be charged in heating season, heating the air through the use of a heated towel rail was not paid for as a utility service. The government found a way out of this situation by dividing the tariff into two components.

Equipment

If your water heater fails, your hot water bill will not increase. In this case, authorized employees of the management organization are required to repair the equipment urgently. But since repairs require payment, residents must still pay this amount. Although the heating bill will remain the same, the cost of repairs and maintenance of the property will increase. This is explained by the fact that water heating devices are part of the property of homeowners.

Concerning non-standard situations when, for example, some of the apartments in multi-storey building has access to hot water, and the second - only to cold water; issues regarding payment for heating are resolved individually. As practice shows, residents are often required to pay for common property that they do not use.

Read also: Can the lights be turned off for non-payment of utilities?

Thermal energy component

If the calculation of payment for cold water is quite simple (it is carried out on the basis of the established tariff), then not everyone understands what is included in the cost of such a service as heating.

The amount to pay for a service such as water heating is calculated taking into account the following components:

  • established tariff for thermal energy;
  • expenses required to maintain a centralized hot water supply system (from central heating points where water is heated);
  • cost of thermal energy loss in pipelines;
  • costs necessary to transport hot water.

Utility fees for hot water supply are calculated taking into account the volume of water used, which is measured in m3.

As a rule, the amount of required thermal energy is determined on the basis of general house values, which are shown by hot water meters and consumed thermal energy. The amount of energy used in each room is calculated by multiplying the volume of water used (determined by the meter) by the specific consumption of thermal energy. The energy volume is multiplied by the tariff. The resulting value is the amount required to pay for what is written on the receipt as “water heating”.

How to calculate it yourself in 2017-2018

Water heating is one of the most expensive utilities. This is explained by the fact that when heating it is necessary to use special equipment operating from the mains. To make sure that the receipt shows the correct amount to be paid, you can do the calculations yourself and compare the resulting value with the amount indicated on the receipt. To do this, you need to find out the amount of payment for thermal energy established by the regional tariff commission. Further calculations depend on the presence or absence of metering devices:

  1. If you have a meter installed in your apartment, then you can calculate the consumption of thermal energy based on its indicator.
  2. If there is no meter, calculations should be made based on established standard indicators (set by an energy-saving organization).

If there is a general heat energy consumption meter in a residential building and individual meters installed in the apartments, the calculation of the amount for heating is calculated based on the readings of the general meter and further proportional distribution for each apartment. If such a device is not available, the amount required to pay for heating is calculated based on the standard energy consumption for heating 1 m3 of water in the reporting month and the readings individual counter water.

Where to write a complaint

If the legality of the additional line “water heating” in receipts is in question, in order not to overpay for heating, it is recommended to first contact the Criminal Code with a request to explain what this means this item. The appearance of a new line in the receipt is legal only on the basis of the decision of the owner of the apartment building premises. In the absence of such a decision, you should write a complaint to the State Housing Inspectorate. After filing a complaint with the Criminal Code, you must be provided with an answer with explanations within thirty days. If you refuse to justify why such a service is indicated in the receipt, you should file a complaint with the prosecutor's office with a claim in court. In this case, if you have already paid the amount indicated in the receipt, the basis for the claim will be Article 395 of the Civil Code of the Russian Federation. If a refund is not required, but you must pay for services that are not provided to you, file a claim to exclude the “water heating” line. In this case, it is worth referring to Article 16 of the Law “On Protection of Consumer Rights”.

Read also: Is it necessary to check water meters in Moscow?

If there is a need to appeal the actions of housing and communal services on issues related to violation of the rights of consumers of utility services, you should contact Rospotrebnadzor. If you have any questions about the tariffs established for housing and communal services, you need to contact the Federal Tariff Service.

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Gcal, coolant, hot and network water

Let the management company “Our House” explain what we pay for and how the concepts listed above differ from each other. It is difficult for us, ordinary residents, to maneuver in technical terms.

Question from the site nashdomkch.ru

Sergey Kirilyuk, head of the energy department of the UZHK “Our Home”, answers:

Invoices for heat and hot water presented by heat supply companies may indicate the following tariffs: - per Gcal, (RUB/Gcal); - for network water (rub/t) or for coolant (rub/m3);

For hot water or domestic hot water (RUB/m3)

Not all consumers understand why their bills include a large amount for heat energy (RUB/Gcal), for hot water (RUB/m3), and then a relatively small amount for network water (RUB/m3). T). What is this additional fee? I will not give a dictionary definition of thermal energy, I will try to explain it “on my fingers”.

Think about how hot water differs from cold water, what affects the temperature of the water? It differs in the amount of heat it contains. This heat (or, in other words, thermal energy) cannot be seen or touched, it can only be felt. Any water with a temperature above 0°C contains some amount of heat. The higher the temperature of the water (steam or condensate), the more heat it contains.

Heat is measured in calories, in joules, in MW/h (megawatt per hour), not in degrees °C. Since tariffs are approved in rubles per gigacalorie, we will take Gcal as the unit of measurement. Thus, hot water consists of the water itself and the heat energy or heat contained in it (Gcal). The water seems to be saturated with gigacalories. The more Gcal there are in the water, the hotter it is.

In heating systems, the coolant (hot water) comes in at one temperature and leaves at another. The water releases some of its heat into the environment through heating radiators. For this part, which has not returned to the system, and which is measured in Gcal, someone needs to pay.

With hot water supply, we consume all the water and, accordingly, all 100% of the Gcal in it, and do not return anything back to the system.

What is coolant? All the hot water that runs through the pipes into the heating system or into the hot water supply system, as well as steam and condensate (the same hot water). The word coolant consists of two words - heat and carries. When making calculations, heat supply companies break down the coolant into Gcal and network water, which confuses some consumers.

If previously UZHK “Our House” charged for hot water according to DHW tariffs in rubles/m3, now we break down the coolant for DHW needs. In our invoices for hot water there is no tariff of rubles/m3. We bill for DHW in the same way as for heat, separately for network water and separately for Gcal.

The tariff for network water takes into account only the water itself, and does not take into account the Gcal in it. The hot water tariff takes into account both water and Gcal in it.

Depending on the purpose (for heating or for hot water supply), the coolant is subject to different temperature and sanitary standards. For hot water supply, there is a minimum permissible temperature that must be provided by the heat supply organization, as well as increased quality requirements.

In Kachkanar there is a 2-pipe open heat supply system, from which the hot water supply system is powered in each individual standing house- this was determined by the project during the construction of the city. IN summer period there is no circulation of the heating system, hot water is supplied through one of the pipes of the heating system (starting from the thermal power plant and to each consumer).

The temperature of the heating fluid depends on the outside air temperature (weather). The colder it is outside, the more we warm it up.

Conclusions: - when paying for heat, you will need to pay for Gcal. When paying for hot water - both for Gcal and for network water (coolant); - coolant - carries heat, hot water, also known as network water + Gcal in it; - network water - water without Gcal;

In life, coolant and network water can mean the same thing.

Tags: housing and communal services

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Payment for heat energy as part of hot water supply

By Decree of the Government of the Russian Federation dated 02/14/2015 No. 129, in order to regulate the procedure for applying two-component tariffs for hot water, amendments were made to the RF PP dated 05/06/2011 No. 354 and RF PP dated 05/23/2006 No. 306. According to the amendments made when establishing two-component tariffs for hot water supply (hereinafter referred to as DHW) “the amount of payment for utility services for hot water supply is calculated based on the amount of the cost of the component for cold water intended for heating in order to provide public services for hot water supply, and the cost of the component for thermal energy used to heat cold water for the purpose of providing public services for hot water supply" (paragraph 6 of paragraph 38 of Rules 354), while the authorized body of the constituent entity of the Russian Federation "establishes a standard for the consumption of thermal energy used for heating cold water for the provision of public hot water supply services” (clause 32(1) of Regulation 306). And if the procedure for calculating the cost of hot water supply between the consumer and the utility service provider (hereinafter referred to as the ICU) was resolved (although to this day there are a huge number of cases of its violation), then when calculating between the ICU and the resource supply organization (hereinafter referred to as the RSO), problems arose and continue to arise disputes, especially in cases of equipping houses with common house metering devices that determine how much DHW consumption, and the amount of heat energy in the composition of consumed hot water.

Heat in DHW: volume of consumption and cost to pay

If we consider hot water consumption in MKD premises, then it is easy to establish cases in which, with the same volume of hot water consumption, the heat consumption in the composition of this water will be different. Such cases include the consumption of “cooled” hot water in the house by those residents who wake up earlier in the morning or go to bed later in the evening in the absence of circulation in the house. Obviously, the water will be hotter during long-term one-time consumption compared to many short-term inclusions, even if the total volume of short-term inclusions is equal to the volume of long-term one-time consumption. During the inter-heating period, there is a significant difference in the temperature of hot water in houses of the same type (for which the same consumption standards are established) depending on the length of the hot water supply network from these houses to the RSO (distance of the apartment building from the boiler room) - residents of houses connected to the “end” segments of heating networks usually use less hot water than houses connected to “transit” pipelines of the same networks.

Probably to create some kind of average unified system calculation The Government of the Russian Federation decided to approve standards for heat energy consumption for heating hot water supply and gave the right to establish such standards to the constituent entities of the Russian Federation authorized to approve standards for the consumption of utility services. This eliminated the possibility of determining different prices for hot water (in rubles per cubic meter), for example, for residents various apartments one and the same apartment building. It should be noted that the different cost of hot water (in rubles per cubic meter) for residents of one house in different months- after all, the calculation of the cost of a cubic meter of hot water consumed by the consumer must be based on the cost of the component for cold water, the tariff for which is approved by the constituent entity of the Russian Federation, and the cost of the component for thermal energy, the tariff for which and the volume for each unit of water (heat standard for heating hot water supply ) is also approved by the subject of the Russian Federation. Thus, the cost of one cubic meter of hot water does not depend in any way on real consumption heat for heating this water (measured or calculated in some way), but is calculated based only on those parameters that are approved by the state authorities of the constituent entity of the Russian Federation.

If we talk about the amount of heat energy consumed for the purpose of hot water supply by the entire apartment building (hereinafter - MKD), then, of course, this amount can be determined by such a common house metering device (hereinafter - OPU), which measures not only the consumption of hot water for the needs of hot water supply, but and the heat content of this water. The position of the overwhelming majority of RSO, which is that the heat supplied to the MKD is subject to payment in full, is reasonable and logical. No less logical is to determine the amount of heat energy in the DHW consumed by the entire apartment building, according to the control unit, which allows such an amount to be measured. At the same time, in the opinion of these RSOs, there is no need to apply the standard for the consumption of thermal energy used to heat cold water to provide public services for hot water supply, approved by the state authorities of the constituent entity of the Russian Federation. If the common house DHW meter does not have a function for measuring the amount of heat (and even more so if there is no control unit at all), the same RSOs consider the use of heat standards for heating DHW already necessary.

The position, of course, is not without logic, however, the current legislation of the Russian Federation does not give the right to choose whether to use the heat standard for heating hot water in the calculations or not to use it. The rules on the use in calculations of the standard consumption of thermal energy used to heat cold water to provide public services for hot water supply are imperative and subject to unconditional execution. At the same time, the legislation of the Russian Federation simply does not contain any norms on the possibility of using in calculations the readings of the pilot plant, which determine the amount of heat energy in the composition of the hot water supply. Thus, the use of such OPU readings in calculations, although logical, is not based on the law, and therefore is unlawful. At the same time, the use of heat standards for DHW heating in calculations is not a right provided for in individual cases (for example, the absence of a control unit, or the absence of a control unit function for measuring the heat content in DHW), but an obligation for any cases without exception.

From the above it follows that when calculating the cost of hot water supply (both between the consumer and the provider of the hot water supply service, and between the ICU and the distribution center), it is not the actual amount of heat energy consumed for heating water for the provision of utility services for hot water supply, but the standard heat consumption for heating hot water supply .

What did the court find?

These circumstances were studied by the Arbitration Court of the Moscow Region, and then - on appeal - by the 10th Arbitration Court of Appeal, when considering the case on the claim of Orekhovo-Zuevskaya Heating Network LLC against the Avtoproezd HOA (case No. A41-18008/16) for recovery debts on payment for thermal energy. As third parties, the Main Directorate of the Moscow Region “State Housing Inspectorate of the Moscow Region”, the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Ministry of Construction and Housing and Communal Services of the Moscow Region were involved in the case.

In the Decision dated December 12, 2016 in case No. A41-18008/16, the Moscow Regional Court stated:

“Having directly, fully and objectively examined the evidence presented by the parties in support of the stated claims and objections, the court came to the following conclusion.

As established by the court, on September 26, 2012, Heat Supply Agreement No. 240 was concluded between the plaintiff and the defendant, according to which the plaintiff is the energy supply organization, the defendant is the subscriber.

In accordance with paragraph 1 of Article 539 of the Civil Code Russian Federation(hereinafter referred to as the Civil Code of the Russian Federation) under an energy supply agreement, the energy supply organization undertakes to supply energy to the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy...

Based on Article 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties. The procedure for payments for energy is determined by law, other legal acts or agreement of the parties.

In accordance with the provisions of Article 157 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by government authorities subjects of the Russian Federation in the manner established by the Government of the Russian Federation, at tariffs established by state authorities of the subjects of the Russian Federation in the manner established by federal law.

Part 5 of Article 9 of the Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply” establishes that tariffs for hot water in open systems heat supply (hot water supply) are set in the form of two-component tariffs using a component for coolant and a component for thermal energy.

According to Part 9 of Article 32 of the Federal Law of December 7, 2011. No. 416-FZ “On Water Supply and Sanitation”, tariffs in the field of hot water supply can be set in the form of two-component tariffs using a component for cold water and a component for thermal energy in the manner determined by the pricing principles in the field of water supply and sanitation approved by the Government of the Russian Federation.

Clause 88 of the Basic Principles of Pricing in the Sphere of Water Supply and Sanitation, approved by Decree of the Government of the Russian Federation dated May 13, 2013 No. 406, stipulates that tariff regulatory authorities establish a two-component tariff for hot water in closed system hot water supply, consisting of a cold water component and a thermal energy component.

Thus, the executive authorities of the constituent entities of the Russian Federation in the field of price (tariff) regulation make decisions on establishing two-component tariffs for hot water in accordance with the norms of current legislation.

In order to regulate the procedure for applying two-component tariffs for hot water, Decree of the Government of the Russian Federation of February 14, 2015 No. 129 (came into force on February 28, 2015) amended the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by decree of the Government of the Russian Federation of May 6, 2011. No. 354 (hereinafter referred to as Rules No. 354), and the Rules for establishing and determining standards for the consumption of utility services, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 306 (hereinafter referred to as Rules No. 306).

Clause 38 of Rules No. 354 provides that in the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the hot water supply utility service, and the cost of the component for thermal energy used to heat cold water for the purpose of providing public hot water supply services.

In accordance with paragraph 42 of Rules No. 354, in the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service provided to the consumer for the billing period in a residential building equipped with an individual or common (apartment) meter is determined in accordance with formula 23 Appendix No. 2 to Rules No. 354 based on the readings of hot water meters and the standard consumption of thermal energy used to heat water, and in the absence of such a meter - based on the standard for hot water consumption and the standard for the consumption of thermal energy used to heat water.

At the same time, Rules No. 354 do not provide for the use of thermal energy as a utility service, which corresponds to the provisions of Part 4 of Article 154 of the Housing Code of the Russian Federation.

Taking into account the above, Rules No. 354 provide for the distribution of thermal energy used to heat cold water for the purpose of providing public services for hot water supply, within the framework of the standard for the consumption of thermal energy for heating water for the purpose of providing public services for hot water supply.

In this regard, the corresponding amendments made to Rule No. 306 provide that the standard for the consumption of public services for hot water supply is determined by establishing the standard for the consumption of hot water in residential premises and the standard for the consumption of thermal energy for heating water for the purposes of hot water supply.

Thus, according to paragraph 7 of Rules No. 306, when choosing a unit of measurement for consumption standards in relation to hot water supply (hot water), the following indicators:

in residential premises - cubic meters. meter of cold water per person and Gcal for heating 1 cubic meter. meter of cold water or cubic. meter of hot water per person;

for general house needs - cubic meters. meter of cold water and Gcal for heating 1 cubic meter. meter of cold water per 1 sq. meter of total area of ​​the premises included in the common property V apartment building, or cube. meter of hot water per 1 sq. meter of total area of ​​premises included in the common property in an apartment building.

This principle ensures fair distribution of thermal energy for heating a cubic meter of water among all consumers, depending on the volume of hot water consumption. In this regard, the procedure for determining the amount of payment for utility services for hot water supply, established by the Rules No. 354, fully complies with the requirements of the Housing Code of the Russian Federation and was established taking into account the exclusion of the occurrence of unfair financial burden on citizens.

Thus, regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the heat supply (hot water supply) system (open or closed), and also regardless of the season (heating or non-heating), the amount of heat The energy used to heat water is determined according to the standards established in the manner prescribed by law for the consumption of thermal energy to heat water for the purposes of hot water supply.

Accordingly, if there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices that measure the thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supply organizations.

In the case under consideration, Rules No. 354 do not provide for any other procedure for determining the amount of payment for utility services for hot water supply.

Civil rights and the obligations of a management organization or a homeowners’ association or a housing cooperative or other specialized consumer cooperative (hereinafter referred to as the partnership, cooperative) to make payments for the resources necessary for the provision of utility services arise from resource supply agreements concluded in the manner provided for by the Rules, mandatory when a management organization or a homeowners' association or a housing cooperative or other specialized consumer cooperative enters into contracts with resource supply organizations approved by Decree of the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter referred to as Decree No. 124, Rules No. 124).

According to subparagraphs “d”, “e” of paragraph 17 of Rules No. 124, the procedure for determining the volumes of supplied communal resources, the procedure for paying for communal resources are essential conditions resource supply agreements.

At the same time, in conjunction with the requirements of Rules No. 124, when concluding a resource supply agreement, the Requirements for making payments for resources necessary for the provision of utility services, approved by Decree of the Government of the Russian Federation of March 28, 2012 No. 253 (hereinafter referred to as the Requirements), are also subject to application.

Clause 4 of the Requirements establishes that funds received by the contractor from consumers to pay for utility services are subject to transfer in favor of resource supply organizations.

In this case, paragraph 5 of the Requirements stipulates that the amount of payment of the utility service provider due for transfer in favor of the resource supplying organization supplying specific type resource, is determined depending on the consumer’s payment for the corresponding utility service in full, indicated in the payment document, or in case of partial payment, which fully corresponds with the above norms of Rule No. 124.

Based on the above, the amount of payment by the utility service provider in favor of the resource supplying organization is subject to determination taking into account the quantity Money received from consumers of utility services, as well as taking into account the volume of utility resources in the case of supply of a utility resource by the resource supplying organization poor quality or with interruptions exceeding the prescribed duration.

In addition, management organizations (partnerships, cooperatives), being providers of public services in an apartment building, purchase from resource supply organizations utility resource not for resale, but to provide the corresponding utility service to consumers and pay for the amount of utility resource consumed in such an apartment building from payments received from consumers for the utility service.

In accordance with the Decision Supreme Court Russian Federation dated June 8, 2012 No. AKPI12-604, according to which, within the framework of Resolution No. 124, a management organization, partnership or cooperative is not an economic entity with independent economic interests different from the interests of residents as direct consumers of utility services. These organizations carry out activities to provide utility services on the basis of a management agreement for an apartment building and pay for the volume of utility resources supplied under the resource supply agreement only from received consumer payments. In this situation, the amount of payment for a utility resource under a resource supply agreement must be equal to the amount of payment for a utility service paid by all consumers of utility services in accordance with the Rules for their provision.

Taking into account the above, regardless of the agreement, the parties are obliged to follow the mandatory rules that govern the procedure for payment for utility services provided.

According to paragraphs 10, 11 of part 1 of article 4 of the Housing Code of the Russian Federation, relations regarding the provision of utility services, payment for residential premises and utilities are regulated by housing legislation.

In accordance with the provisions of Article 8 of the Housing Code of the Russian Federation, housing relations related, including the use engineering equipment, provision of utility services, payment of fees for utility services, the relevant legislation is applied, taking into account the requirements established by the Housing Code of the Russian Federation.

Taking into account the above, when concluding a resource supply agreement with persons managing an apartment building and establishing conditions therein, including those regulating the procedure for terminating the supply of the corresponding type of communal resource to an apartment building, it is necessary first of all to be guided by the norms of housing legislation, in particular Rules No. 124 subject to the provisions of Regulation No. 354.

Clause 5 of the Requirements establishes that the amount of the contractor's payment due for transfer in favor of the resource supplying organization supplying a specific type of resource is determined in the amount of the fee for a specific utility service indicated in the payment document, accrued to the consumer for a given billing period in accordance with Rules No. 354 (if payment by the consumer in full), and if the consumer does not pay in full - an amount proportional to the amount of payment for a specific utility service in total size payments specified in the payment document for work and services performed (provided) for a given billing period.

Based on this, the homeowners association is obliged to cover obligations to resource-supplying organizations for the volume of communal resources using funds received from consumers to pay for consumed utilities for hot water supply, that is, calculated based on the standard consumption of thermal energy used to heat water in order to provide public services for hot water supply.

Based on the above, the Arbitration Court of the Moscow Region believes that the stated claims cannot be satisfied.

Guided by the articles of Art. 110, 112, 162, 167–170, 176 Arbitration Procedural Code of the Russian Federation, Arbitration Court of the Moscow Region

Refuse to satisfy the claims."

The Tenth Arbitration Court of Appeal, having considered the appeal against the decision of the Arbitration Court of the Moscow Region, adopted Resolution No. 10AP-805/2017 dated April 17, 2017 in case No. A41-18008/16, which repeated the arguments of the trial court, additionally indicating:

“The arguments of the appeal repeat the arguments of the claim and were rightly rejected by the court of first instance.

Taking into account the totality of the circumstances presented, the appellate court does not find any grounds provided for by law to re-evaluate the findings of the trial court and satisfy the demands of the appeal.

Guided by Articles 266, 268, paragraph 1 of Article 269, Article 271 of the Arbitration Procedure Code of the Russian Federation, the court

DECIDED:

Solution Arbitration Court Moscow Region of December 12, 2016 in case No. A41-18008/16 is left unchanged, the appeal is not satisfied.”

conclusions

The Arbitration Court of the Moscow Region and the 10th Arbitration Court of Appeal, which supported its opinion, when considering case No. A41-18008/16, established that regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the type of heat supply system/ hot water supply (open or closed), regardless of the period of the year (heating or inter-heating), “the amount of thermal energy used to heat water is determined according to the standards established in the manner prescribed by law for the consumption of thermal energy for heating water for the purposes of hot water supply..., “If there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices that measure the thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supply organizations.”

The main advantage of a direct-flow water supply system compared to a circulating water supply system is its simplicity. There are no water coolers, circulating water pumping stations, additional pipe networks or other structures. If there is no need to purify industrial waste water, then the entire cold water supply system will consist of a pumping station and a system of supply and discharge pipelines. The advantage of a recycling water supply system is that a significantly smaller amount of water is supplied from the source than with a direct-flow system; this amount of water should only compensate for its losses from evaporation and carryover of droplets by the wind from the coolers and the water consumption for blowing cold water, which depends on the quality of the added water and the method of processing it. As a rule, the amount of water added to the system does not exceed 5% of the circulating water flow. With recycling water supply, the diameter of water pipelines, and therefore their cost, are significantly reduced, the size and cost of water intake structures are reduced and pumping stations the first rise, the energy consumption required to supply water to the territory of the enterprise, it becomes possible to use sources with a small water flow for industrial water supply, the cost is noticeably reduced treatment facilities for additional water. With a recirculating system, much less waste water is discharged into the reservoir than with a direct-flow system. In this regard, the task of protecting water bodies from pollution is simplified. wastewater, the size and cost of treatment facilities and pipelines that discharge waste and treated water are reduced.

Hvs on the receipt what is it

It is unacceptable to change the names of these services, although some regional housing and communal services arbitrarily enter into their payment receipts such lines as “DHW heating”, “DHW replenishment” or “ DHW drainage and HVS". It is not at all necessary for the consumer to know how much it costs to heat water; what is important to him is the final amount that is presented for payment.

Is it legal to pay for water heating using a receipt in 2020?

If the legality of the additional line “water heating” in receipts is in question, in order not to overpay for heating, it is recommended to first contact the Criminal Code with a request to explain what this item means. The appearance of a new line in the receipt is legal only on the basis of the decision of the owner of the apartment building premises. In the absence of such a decision, you should write a complaint to the State Housing Inspectorate. After filing a complaint with the Criminal Code, you must be provided with an answer with explanations within thirty days. If you refuse to justify why such a service is indicated in the receipt, you should file a complaint with the prosecutor's office with a claim in court. In this case, if you have already paid the amount indicated in the receipt, the basis for the claim will be Article 395 of the Civil Code of the Russian Federation. If a refund is not required, but you must pay for services that are not provided to you, file a claim to exclude the “water heating” line. In this case, it is worth referring to Article 16 of the Law “On Protection of Consumer Rights”.

What is DHW in the receipt?

It turns out to be a vicious circle - many residents often do not pay for hot water due to its low temperature or refuse this service altogether, switching to water heating electric boilers. And heating network enterprises cannot produce renovation work, because the population's debt to pay does not provide them with an influx of cash.

Is it legal to pay for hot water supply (hot water supply) in the receipt is divided into 2 payment points: 1 - water supply (I have 331 rubles); 2 - heating it (1100 rubles)

· the cost of thermal energy losses in pipelines in the area from the facilities where hot water is prepared, including from central heating points, including the maintenance of central heating points, to the point on the border of the operational responsibility of the subscriber and the regulated organization in the event that such losses do not taken into account when setting tariffs for thermal energy;

What is hot water supply, hot water supply and sewerage in housing and communal services receipts

List of services that residents must pay for apartment buildings, is clearly defined by Article 154 of the main industry document - the Housing Code. Homeowners and tenants are required to pay for housing maintenance and repairs. In addition, their responsibility includes payment for services:

What is cold water for hot water in the receipt

The cold water component is the volume of cold water (CW) for hot water supply needs. If there are individual metering devices (meters), this component is determined - according to the readings of the hot water metering device (DHW), in the absence of an individual metering device - according to the standard, i.e. 3.5 cubic meters per 1 person. per month.

What does the abbreviation HVS DPU mean?

The nuance is that if accounting is kept by an enterprise, then it will blame all kinds of losses in water and its temperature (for example, breakthroughs, leaks) on consumers, and they will pay for it. If a house has a communal meter installed, then residents will pay for the water and heat supplied to the house.

Muscovites began to receive new receipts for housing and communal services. After the tariff increase and the appearance of contributions for major repairs, payments increased by at least 1 thousand rubles. Gazeta.Ru tells you what you need to know to try to save money.


“Often, active citizens who check their bills manage to reduce the amounts billed even by half. Inflated bills occur due to the fact that they include services that are not provided, and the volume of services provided is exceeded,” says Mikhail Anshakov, Chairman of the Society for the Protection of Consumer Rights.

How to detect deception

“The more detailed the invoice is, the easier it is to understand how reasonable the payments are.

If there are few lines, the purpose of payments is not disclosed in detail - this is the first reason for suspicion. Typically, the management company deliberately does not disclose the purpose of payments.

For example, if in one line it is written “for general house needs” without explaining what exactly this includes, the amount may be inflated and include services not provided,” warns Valery Novikov, head of the legal support department of the NP Housing and Communal Services Control.

It is worth paying attention to the total amount: if it differs from what it was a month earlier, it is better to carefully check the entire account.

“There are planned increases, we need to keep an eye on them. If there are no such increases, and the payment has become more expensive, you should carefully recalculate it,” says the expert.

Moreover, after the tariff increase (remember, they were raised on July 1), the bill should be checked especially carefully. Management companies and utility suppliers can inflate bills under the guise of a planned increase.

“It happens, for example, that the standards are raised, the same amount is prescribed twice - as a result, the payment is doubled,” says Sergei Vasiliev, chairman of the Moskontrol movement.

What do we pay for

The payment usually consists of a number of mysterious abbreviations, and each region may introduce its own abbreviations. There are several generally accepted ones:

HVS DPU- cold water supply (cold water) via household metering devices. If the KPU is indicated, it means that you pay for water using your apartment meter.

DHW DPU- hot water supply (hot water) via household metering devices.

Cold water for domestic hot water- cold water supply for hot water supply. That is, the cold water that goes for heating is given in another line the price for the heating itself. By adding them up, you get the final price of hot water.

Drainage- water disposal (sewage), used cold and hot water.

Heating basic pl.- heating of the main area.

Sod. and rem. zhp(or soda and repair of living spaces) - maintenance and repair of living space. These are services provided by an apartment building management company for the maintenance and ongoing repairs of common property in an apartment building. That is, if you have this line, it is assumed that order is maintained in your entrance and everything is working. This line may include various services (maintenance of in-house engineering equipment, cleaning, Maintenance, garbage removal, concierge services, etc.), if they are not listed in the payment slip, you can contact the Criminal Code for clarification.

In this case, the amount and services included in the receipt must be approved by the decision of the residents themselves at the meeting.

There are also services that citizens do not actually use: for example, paying for an antenna and radio point. They can be waived individually by contacting the Criminal Code with a request to exclude these items from the general account.

Counter or standard

Amounts for individual consumption (utilities used in the apartment) and for general house needs (GN; for example, expenses for heating and lighting of the entrance) in the payment order must be posted in different columns.

There are cases when the amount of payment for the use of utilities per person per person exceeded the amount of individual consumption in apartments.

This can happen when payments to ODN are calculated not according to meters, but according to standards (with an increasing factor due to the lack of a meter). To reduce costs, owners must vote at a meeting to install meters. They are installed by resource supply organizations.

Previously, Gazeta.Ru wrote that resource supply organizations often sabotage the installation of meters, since the standards bring them much more income.

If such a problem is discovered, you need to contact the Housing Inspectorate.

Pay attention to square meters and number of residents

You should check whether the area of ​​the apartment is indicated correctly on the payment slip. Based on square meter heating and payments for major repairs are charged. Regional authorities allocate subsidies that compensate for part of the payments, but they are valid only within the limits social norm(in Moscow this is 33 sq. m for one person, 42 sq. m for two), explains Valery Novikov. You will have to pay for housing surpluses.

Also, do not rush to register new residents. How more people, the more expensive it will be, for example, for water (if meters are not installed). If one of those registered in the apartment does not live in it for a long time, then a recalculation can be achieved. You just need to prove your absence - for example, bring a certificate from the management company from your real place of residence. The same applies to summer residence at the dacha and long business trips: if the appropriate documents are available, the management company is obliged to recalculate.

New line - major repairs

Calculating how much you should pay for a new service is simple. In Moscow, the monthly fee is 15 rubles. per sq. m. The new line appeared in the capital in July and has already caused a wave of discontent.

Earlier, Gazeta.Ru wrote that Muscovites want to conclude an agreement with the Overhaul Fund on their own terms and demand that a number of essential points be taken into account in the agreement. However, so far the practice is not in favor of residents.

You also need to remember that if more than 10% of a family’s income is spent on paying for housing and communal services in Moscow, you can receive government support in the form of subsidies.

In this case, you must contact the regional department of housing subsidies, presenting a certificate of income and a certificate of ownership. At the same time, there should be no excess living space: the established standards are 33 square meters. m per person, 42 sq. m - for two.

What to do if the bill is too high

If it turns out that the bill is overestimated, you must file a complaint with management company. If she does not answer, you can file a complaint with the Housing Inspectorate (you can also write there immediately, without waiting for a response from the Criminal Code). You can also contact your regional tariff commission.

“The housing inspectorate can be asked to conduct an inspection, on the basis of which a recalculation will be made. If it turns out that the payments were overestimated, then citizens will receive the difference, which will be charged towards future payments,” Novikov explained.

In general, so far the practice of resolving such disputes is in favor of consumers, experts say.

The main thing is to get your way; it’s easier for most to give up if it turns out that they have to pay a hundred rubles more, and such impunity only encourages abuse,” Anshakov warns.

In order to regulate the procedure for applying two-component tariffs for hot water, amendments were made to the RF PP dated 05/06/2011 No. 354 and RF PP dated 05/23/2006 No. 306. According to the amendments made when establishing two-component tariffs for hot water supply (hereinafter referred to as DHW) “ The amount of payment for a hot water utility service is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide a hot water utility service, and the cost of the component for thermal energy used to heat cold water for the purpose of providing a hot water utility service."(paragraph 6 of paragraph 38 of Rules 354), while the authorized body of the constituent entity of the Russian Federation " establishes a standard for the consumption of thermal energy used to heat cold water to provide public hot water supply services» (paragraph 32(1) of Rule 306). And if the procedure for calculating the cost of hot water supply between the consumer and the utility service provider (hereinafter referred to as the ICU) was resolved (although to this day there are a huge number of cases of its violation), then when calculating between the ICU and the resource supply organization (hereinafter referred to as the RSO), problems arose and continue to arise disputes, especially in cases of equipping houses with common house metering devices, which determine both the volume of hot water consumption and the amount of heat energy in the composition of consumed hot water.

Heat in DHW: volume of consumption and cost to pay

If we consider the consumption of hot water in apartment buildings, it is easy to establish cases in which, with the same volume of hot water consumption, the heat consumption in the composition of this water will be different. Such cases include the consumption of “cooled” hot water in the house by those residents who wake up earlier in the morning or go to bed later in the evening in the absence of circulation in the house. Obviously, the water will be hotter during long-term one-time consumption compared to many short-term inclusions, even if the total volume of short-term inclusions is equal to the volume of long-term one-time consumption. During the inter-heating period, there is a significant difference in the temperature of hot water in houses of the same type (for which the same consumption standards are established) depending on the length of the hot water supply network from these houses to the RSO (distance of the apartment building from the boiler room) - residents of houses connected to the “end” segments of heating networks usually use less hot water than houses connected to “transit” pipelines of the same networks.

Probably, in order to create some kind of averaged unified calculation system, the Government of the Russian Federation decided to approve standards for heat energy consumption for heating hot water and gave the right to establish such standards to constituent entities of the Russian Federation authorized by. This eliminated the possibility of determining different prices for hot water (in rubles per cubic meter), for example, for residents of different apartments in the same apartment building. It should be noted that the different cost of hot water (in rubles per cubic meter) for residents of the same house in different months is also excluded - after all, the calculation of the cost of a cubic meter of hot water consumed by the consumer must be based on the cost of the component for cold water, the tariff for which approved by the subject of the Russian Federation, and the cost of the component for thermal energy, the tariff for which and the volume for each unit of water (heat standard for heating hot water) are also approved by the subject of the Russian Federation. Thus, the cost of one cubic meter of hot water does not depend in any way on the actual heat consumption for heating this water (measured or calculated in any way), but is calculated based only on those parameters that are approved by the state authorities of the constituent entity of the Russian Federation.

If we talk about the amount of heat energy consumed for the purpose of hot water supply by the entire apartment building (hereinafter - MKD), then, of course, this amount can be determined by such a common house metering device (hereinafter - OPU), which measures not only the consumption of hot water for the needs of hot water supply, but and the heat content of this water. The position of the overwhelming majority of RSO, which is that the heat supplied to the MKD is subject to payment in full, is reasonable and logical. No less logical is to determine the amount of heat energy in the DHW consumed by the entire apartment building, according to the control unit, which allows such an amount to be measured. At the same time, in the opinion of these RSOs, there is no need to apply the standard for the consumption of thermal energy used to heat cold water to provide public services for hot water supply, approved by the state authorities of the constituent entity of the Russian Federation. If the common house DHW meter does not have a function for measuring the amount of heat (and even more so if there is no control unit at all), the same RSOs consider the use of heat standards for heating DHW already necessary.

The position, of course, is not without logic, but the current legislation of the Russian Federation does not give the right to choose whether to use the heat standard for heating hot water in the calculations or not to use it. The rules on the use in calculations of the standard consumption of thermal energy used to heat cold water to provide public services for hot water supply are imperative and subject to unconditional execution. At the same time, the legislation of the Russian Federation simply does not contain any norms on the possibility of using in calculations the readings of the pilot plant, which determine the amount of heat energy in the composition of the hot water supply. Thus, the use of such OPU readings in calculations, although logical, is not based on the law, and therefore is illegal. At the same time, the use of heat standards for DHW heating in calculations is not a right provided for in individual cases (for example, the absence of a control unit, or the absence of a control unit function for measuring the heat content in DHW), but an obligation for any cases without exception.

From the above it follows that when calculating the cost of hot water supply (both between the consumer and the provider of the hot water supply service, and between the ICU and the distribution center), it is not the actual amount of heat energy consumed for heating water for the provision of utility services for hot water supply, but the standard heat consumption for heating hot water supply .

What did the court find?

These circumstances were studied by the Arbitration Court of the Moscow Region, and then - on appeal - by the 10th Arbitration Court of Appeal, when considering the case on the claim of Orekhovo-Zuevskaya Heating Network LLC against the Avtoproezd HOA (case No. A41-18008/16) for recovery debts on payment for thermal energy. As third parties, the Main Directorate of the Moscow Region “State Housing Inspectorate of the Moscow Region”, the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Ministry of Construction and Housing and Communal Services of the Moscow Region were involved in the case.

In the Decision of December 12, 2016 in case No. A41-18008/16 The AS of the Moscow region indicated:

« Having directly, fully and objectively examined the evidence presented by the parties in support of the stated claims and objections, the court came to the following conclusion.

As established by the court, on September 26, 2012, Heat Supply Agreement No. 240 was concluded between the plaintiff and the defendant, according to which the plaintiff is the energy supply organization, the defendant is the subscriber.

In accordance with clause 1 of Article 539 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), under an energy supply agreement, the energy supply organization undertakes to supply energy to the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy...

Based on Article 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties. The procedure for payments for energy is determined by law, other legal acts or agreement of the parties.

In accordance with the provisions of Article 157 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by government authorities subjects of the Russian Federation in the manner established by the Government of the Russian Federation, at tariffs established by state authorities of the subjects of the Russian Federation in the manner established by federal law.

Part 5 of Article 9 of the Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply” establishes that tariffs for hot water in open heat supply systems (hot water supply) are established in the form of two-component tariffs using a coolant component and a thermal energy component .

According to Part 9 of Article 32 of the Federal Law of December 7, 2011. No. 416-FZ “On Water Supply and Sanitation”, tariffs in the field of hot water supply can be set in the form of two-component tariffs using a component for cold water and a component for thermal energy in the manner determined by the pricing principles in the field of water supply and sanitation approved by the Government of the Russian Federation.

Clause 88 of the Fundamentals of pricing in the field of water supply and sanitation, approved by Decree of the Government of the Russian Federation dated May 13, 2013 No. 406, provides that tariff regulatory authorities establish a two-component tariff for hot water in a closed hot water supply system, consisting of a component for cold water and a component for thermal energy.

Thus, the executive authorities of the constituent entities of the Russian Federation in the field of price (tariff) regulation make decisions on establishing two-component tariffs for hot water in accordance with the norms of current legislation.

In order to regulate the procedure for applying two-component tariffs for hot water, by Decree of the Government of the Russian Federation of February 14, 2015 No. 129 (came into force on February 28, 2015), changes were made to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011. No. 354 (hereinafter referred to as Rules No. 354), and the Rules for establishing and determining standards for the consumption of utility services, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 306 (hereinafter referred to as Rules No. 306).

Clause 38 of Rules No. 354 provides that in the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the hot water supply utility service, and the cost of the component for thermal energy used to heat cold water for the purpose of providing public hot water supply services.

In accordance with paragraph 42 of Rules No. 354, in the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service provided to the consumer for the billing period in a residential building equipped with an individual or common (apartment) meter is determined in accordance with formula 23 Appendix No. 2 to Rules No. 354 based on the readings of hot water meters and the standard consumption of thermal energy used to heat water, and in the absence of such a meter - based on the standard for hot water consumption and the standard for the consumption of thermal energy used to heat water.

At the same time, Rules No. 354 do not provide for the use of thermal energy as a utility service, which corresponds to the provisions of Part 4 of Article 154 of the Housing Code of the Russian Federation.

Taking into account the above, Rules No. 354 provide for the distribution of thermal energy used to heat cold water for the purpose of providing public services for hot water supply, within the framework of the standard for the consumption of thermal energy for heating water for the purpose of providing public services for hot water supply.

In this regard, the corresponding amendments made to Rule No. 306 provide that the standard for the consumption of public services for hot water supply is determined by establishing the standard for the consumption of hot water in residential premises and the standard for the consumption of thermal energy for heating water for the purposes of hot water supply.

Thus, according to paragraph 7 of Rules No. 306, when choosing a unit of measurement for consumption standards in relation to hot water supply (hot water), the following indicators are used:

in residential premises - cubic meters. meter of cold water per person and Gcal for heating 1 cubic meter. meter of cold water or cubic. meter of hot water per person;

for general house needs - cubic meters. meter of cold water and Gcal for heating 1 cubic meter. meter of cold water per 1 sq. meter of the total area of ​​the premises included in the common property in an apartment building, or cubic meter. meter of hot water per 1 sq. meter of total area of ​​premises included in the common property in an apartment building.

This principle ensures fair distribution of thermal energy for heating a cubic meter of water among all consumers, depending on the volume of hot water consumption. In this regard, the procedure for determining the amount of payment for utility services for hot water supply, established by Rules No. 354, fully complies with the requirements of the Housing Code of the Russian Federation and is established taking into account the exclusion of the occurrence of an unfair financial burden on citizens.

Thus, regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the heat supply (hot water supply) system (open or closed), and also regardless of the season (heating or non-heating), the amount of heat The energy used to heat water is determined according to the standards established in the manner prescribed by law for the consumption of thermal energy to heat water for the purposes of hot water supply.

Accordingly, if there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices that measure the thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supply organizations.

In the case under consideration, Rules No. 354 do not provide for any other procedure for determining the amount of payment for utility services for hot water supply.

Civil rights and obligations of a management organization or a homeowners' association or a housing cooperative or other specialized consumer cooperative (hereinafter referred to as the partnership, cooperative) to make payments for resources necessary for the provision of utility services arise from resource supply contracts concluded in the manner prescribed by the Rules, mandatory when a management organization or a homeowners' association or a housing cooperative or other specialized consumer cooperative concludes contracts with resource supply organizations approved by Decree of the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter referred to as Decree No. 124, Rules No. 124).

According to subparagraphs “d”, “e” of paragraph 17 of Rules No. 124, the procedure for determining the volume of supplied communal resources, the procedure for payment for communal resources are essential terms of the resource supply agreement.

At the same time, in conjunction with the requirements of Rules No. 124, when concluding a resource supply agreement, the Requirements for making payments for resources necessary for the provision of utility services, approved by Decree of the Government of the Russian Federation of March 28, 2012 No. 253 (hereinafter referred to as the Requirements), are also subject to application.

Clause 4 of the Requirements establishes that funds received by the contractor from consumers to pay for utility services are subject to transfer in favor of resource supply organizations.

In this case, paragraph 5 of the Requirements stipulates that the amount of payment of the utility service provider due for transfer in favor of the resource supplying organization supplying a specific type of resource is determined depending on the consumer’s payment for the corresponding utility service in the full amount specified in the payment document, or in case of partial payment, which fully corresponds with the above provisions of Rule No. 124.

Based on the above, the amount of payment by the utility service provider in favor of the resource supplying organization must be determined taking into account the amount of money received from consumers of utility services, as well as taking into account the volume of utility resources in the event that the resource supplying organization supplies a utility resource of inadequate quality or with interruptions exceeding the established duration .

In addition, management organizations (partnerships, cooperatives), being providers of utility services in an apartment building, purchase utility resources from resource-supplying organizations not for resale, but to provide the corresponding utility service to consumers and pay for the amount of utility resource consumed in such an apartment building from payments received from consumers for utility services.

In accordance with the Decision of the Supreme Court of the Russian Federation dated June 8, 2012 No. AKPI12-604, according to which, within the framework of Resolution No. 124, a management organization, partnership or cooperative is not an economic entity with independent economic interests different from the interests of residents as direct consumers of utilities services. These organizations carry out activities to provide utility services on the basis of a management agreement for an apartment building and pay for the volume of utility resources supplied under the resource supply agreement only from received consumer payments. In this situation, the amount of payment for a utility resource under a resource supply agreement must be equal to the amount of payment for a utility service paid by all consumers of utility services in accordance with the Rules for their provision.

Taking into account the above, regardless of the agreement, the parties are obliged to follow the mandatory rules that govern the procedure for payment for utility services provided.

According to paragraphs 10, 11 of part 1 of article 4 of the Housing Code of the Russian Federation, relations regarding the provision of utility services, payment for residential premises and utilities are regulated by housing legislation.

In accordance with the provisions of Article 8 of the RF Housing Code, relevant legislation is applied to housing relations, including the use of engineering equipment, the provision of utilities, and payment for utility services, taking into account the requirements established by the RF Housing Code.

Taking into account the above, when concluding a resource supply agreement with persons managing an apartment building and establishing conditions therein, including those regulating the procedure for terminating the supply of the corresponding type of communal resource to an apartment building, it is necessary first of all to be guided by the norms of housing legislation, in particular Rules No. 124 subject to the provisions of Rule No. 354.

Clause 5 of the Requirements establishes that the amount of the contractor's payment due for transfer in favor of the resource supplying organization supplying a specific type of resource is determined in the amount of the fee for a specific utility service indicated in the payment document, accrued to the consumer for a given billing period in accordance with Rules No. 354 (if payment by the consumer in full), and if the consumer does not pay in full - in an amount proportional to the amount of payment for a specific utility service in the total amount of payments indicated in the payment document for work and services performed (provided) for a given billing period.

Based on this, the homeowners association is obliged to cover obligations to resource-supplying organizations for the volume of communal resources using funds received from consumers to pay for consumed utilities for hot water supply, that is, calculated based on the standard consumption of thermal energy used to heat water in order to provide public services for hot water supply.

Based on the above, the Arbitration Court of the Moscow Region believes that the stated claims cannot be satisfied.

Guided by the articles of Art. 110, 112, 162, 167-170, 176 of the Arbitration Procedural Code of the Russian Federation, Arbitration Court of the Moscow Region

DECIDED:

Refuse to satisfy the claims».

Tenth Arbitration Court of Appeal , having considered the appeal against the decision of the Administrative Court of the Moscow Region, accepted Resolution No. 10AP-805/2017 dated April 17, 2017 in case No. A41-18008/16, which repeated the arguments of the trial court, additionally indicating:

« The arguments of the appeal repeat the arguments of the claim and were rightly rejected by the court of first instance.

Taking into account the totality of the circumstances presented, the appellate court does not find any grounds provided for by law to re-evaluate the findings of the trial court and satisfy the demands of the appeal.

Guided by Articles 266, 268, paragraph 1 of Article 269, Article 271 of the Arbitration Procedure Code of the Russian Federation, the court

DECIDED:

The decision of the Arbitration Court of the Moscow Region dated December 12, 2016 in case No. A41-18008/16 is left unchanged, the appeal is not satisfied».

conclusions

The Arbitration Court of the Moscow Region and the 10th Arbitration Court of Appeal, which supported its opinion, when considering case No. A41-18008/16, established that regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the type of heat supply system/ hot water supply (open or closed), regardless of the period of the year (heating or inter-heating), " the amount of thermal energy used to heat water is determined according to the standards established in accordance with the legislation for the consumption of thermal energy for heating water for the purposes of hot water supply..., if there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices measuring the thermal energy used for the purposes of hot water supply, are not taken into account either in settlements with consumers or in settlements with resource supply organizations

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Answer from the lawyer of the Stroysar Information Agency and the director of the law firm Rubicon LLC, Yulia Gladkaya:
- Dear Ivan, in accordance with the Decree of the Government of the Russian Federation dated May 6, 2011 N 354 (as amended on September 24, 2014) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (together with the “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings"):

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

The volume of a utility resource used in production is determined based on the readings of a meter recording the volume of such a utility resource, and in its absence is determined by specific costs such a communal resource for the production of a unit of thermal energy for heating purposes or a unit of hot water for the purpose of hot water supply. In this case, the total volume (quantity) of thermal energy produced by the contractor for the billing period for the purpose of heating or hot water for the purpose of hot water supply is calculated according to the readings of metering devices recording such volumes installed on the equipment with the use of which the contractor provided the utility service for heating or hot water supply , and in the absence of such metering devices - as the sum of the readings of individual and general (apartment) metering devices for thermal energy or hot water, which are equipped with residential and non-residential premises of consumers, and the volumes of consumption of thermal energy or hot water, determined according to the consumption standards of the heating utility service or hot water supply to those consumers whose residential and non-residential premises are not equipped with such metering devices. The specified calculation method is used when determining the volume of utility resource used in production, both in the case when such a utility resource is used by the contractor only in the production of communal services for heating and (or) hot water supply, and in the case when the utility resource is of the type used by the contractor in the production of utility services for heating and (or) hot water supply, it is also used by the contractor to provide consumers with utility services of the appropriate type.

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

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

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

the cost of a communal resource used to heat cold water in the production of public hot water supply services, allocated to the consumer in each residential and non-residential premises in proportion to the volume of hot water consumed during the billing period in the residential or non-residential premises.

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

Clause 22. Appendix 2 to the Rules: The amount of payment for utility services for hot water supply provided for the billing period in i-th core premises (apartment) or non-residential premises in an apartment building, according to the Rules, is determined by formula 20:

- volume (quantity) of hot water determined for the billing period in the i-th residential premises (apartment) or non-residential premises in an apartment building in accordance with the Rules;

- tariff for cold water used in the billing period when independent production provider of public services for hot water supply, established in accordance with the legislation of the Russian Federation;

- the volume of the v-th utility resource (thermal energy, gas or other fuel, electrical energy) used during the billing period for heating cold water when the utility provider independently produces hot water supply services;

- tariff (price) for v-th communal resource used during the billing period in the production of public services for hot water supply, established in accordance with the legislation of the Russian Federation.

Thus, if your home has a boiler (heat exchanger) installed, with the help of which hot water is prepared for the needs of your home, then the actions of the management company are legal. It has never seemed clear to me how residents want to check the readings of common house metering devices on their own, since this is a complex computing mechanism, and the readings are usually read onto a computer (or transmitted via a modem), after which they are printed out and stored in the management company, so with them you have the right to meet.

I can suggest an approximate method for checking the accrual, for example, in accordance with the decision of the Saratov City Duma No. 14-118 dated January 31, 2007, Appendix 2 - the standard for heat energy consumption for cooking 3.6 cubic meters. DHW is 0.199, respectively, to prepare 1 cubic meter of water it is necessary: ​​0.199/3.6 = 0.0552 Gcal.

Thus, by multiplying the consumed amount of hot water by the amount of heat, you will receive information about the “heating” expended.