Explanations on the procedure for recalculating fees for the provision of low-quality utilities for heating and hot water supply

GZHI of the Kemerovo region explains to residents the procedure for recalculating fees for the provision of low-quality utility services for heating and hot water supply.

WHAT STANDARDS SHOULD THE QUALITY OF PUBLIC SERVICES MEET?

According to the rules and regulations for the provision of utility services, they must be provided to consumers in required volumes and of proper quality. Otherwise, the amount of payment for a particular utility service is subject to reduction.

For heating, the air temperature in the living room should be at least +20 °C (at corner rooms— +22 °C). In this case, the permissible excess standard temperature- no more than 4 °C, permissible decrease in standard temperature in daytime not allowed, at night (from 0.00 to 5.00 hours) - no more than 3 °C.

For hot water, the temperature at the water intake points should be no lower than 60 °C and no higher than 75 °C. The permissible deviation in the temperature of hot water at the point of water collection at night (from 0.00 to 5.00 hours) is allowed by no more than 5 °C, in the daytime (from 5.00 to 00.00 hours) - by no more than 3 °C.

HOW MUCH CAN I REDUCE THE AMOUNT OF PAYMENT FOR POORLY PROVIDED PUBLIC SERVICES?

If the temperature of the supplied hot water differs from the specified one, or the air temperature in the living room does not meet the standards, then this is considered a service poor quality.

According to the law, for each hour and degree of deviation in air temperature in a residential area, in total during the billing period in which the specified deviation occurred, the amount of payment for utility services is reduced by 0.15% (k = 0.0015).

As for hot water supply, for every hour and for every 3 °C deviation from permissible deviations temperature of hot water, the utility fee is reduced by 0.1% (k=0.001).

And if the temperature of hot water at the point of collection is below 40 °C, then for each hour of such supply, payment for the consumed water must be made at the rate for cold water supply.

WHAT SHOULD BE DONE TO ACHIEVE A RECALCULATION OF PAYMENTS FOR POORLY PROVIDED PUBLIC SERVICES?

It is important to understand that recalculations for poorly provided utility services are made only if all legal requirements for the procedure for establishing the fact of provision of such services are met. So, first of all, residents should contact their utility service provider - this can be a resource supply organization or a management company. A message about a violation of the quality of a utility service can be submitted in writing in the form of a statement () or orally; it must be registered by the organization's emergency dispatch service. Within two hours of receiving the request, its employees are required to conduct an inspection of the living space and take temperature measurements, the results of which must be entered into a special act of the established form. It is drawn up in several copies according to the number of interested parties participating in the inspection, one of the acts is handed over to the consumer (or his representative), the second copy remains with the contractor.

If the utility service provider refuses the owners, they can draw up the document themselves. In this case, the act is signed by two consumers and the chairman of the council apartment building and transmitted to management company.

Together with an act indicating non-compliance temperature regime regulatory indicators, the owner must fill out an application requesting recalculation for poorly provided utility services (). Thus, these two documents are the basis for reducing the heating fee.

To determine the recalculation period, after eliminating the reasons for the violation of the quality of the utility service, the contractor is obliged to make sure that the consumer is provided with a utility service of adequate quality in required volume and draw up an act on the results of the inspection based on the results of eliminating the causes of violation of the quality of the utility service, which is signed by the consumer (or his representative) and the contractor.

HOW TO CORRECTLY MAKE INDEPENDENT TEMPERATURE MEASUREMENTS IN A RESIDENTIAL PREMISES?

To determine the temperature in a room, it is measured at interior wall each room at a distance of one meter from outer wall and one and a half meters from the floor.

Measuring range and permissible error measuring instruments must meet the requirements according to which maximum deviation is 0.1 °C. Otherwise, when measuring with a household thermometer, a measurement error of 1-2°C for such a device can lead to a situation in which “overheating”, if present, will not be detected, and therefore no consequences in the form of recalculation will occur.

EXAMPLE OF RECALCULATION OF PAYMENT IN CONNECTION WITH THE PROVISION OF POOR-QUALITY HEATING SERVICES

Apartment area – 54m2;
Consumption standard - 0.017925 Gcal/m2;
The cost of 1 Gcal is 703.38 rubles. /m2;
Number of days in a month - 30 days. ;
Number of days when the temperature exceeded the norm – 7 days;

Temperature deviation from the norm and maximum permissible deviations is 3 degrees (temperature in the apartment is 27°C with permissible values ​​being 24°C);

The decrease for each degree and each hour when a violation occurred is 0.15% (0.0015).

1. The cost for heating per month will be: 54m2 x 0.017925 Gcal/m2 x 703.38 rubles. = 680.84 rub.;
2. Accrual for the period in which the violation was established is 680.84 rubles/30 days. x 7 days = 158.86 rub.;
3. 3℃ x 0.0015 x 7 days. x 24 hours x 158.86 rub. = 120.1 rub.;
Amount to be paid: RUB 680.84. — 120.1 rub. = 560.74 rub.

Thus, the payment in this situation will be reduced by 18%

Reading time: 14 min

The system for accounting for consumed utilities is being improved every year. Electronic resources have appeared for remotely entering readings and even devices that independently send data from the meter. However, it is not always possible to completely eliminate errors, and the cost of utilities, in particular water supply, is often overpriced. Recalculation for water helps to avoid further overpayment in such cases.

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ContentsShow

Legal regulation and grounds for recalculation of hot water supply and hot water supply

In order to validly file an application, you need to know the relevant legislative norms. Issues of payment for utility services are regulated by several acts. The most detailed procedure is specified in Resolution 354.

Government Decree No. 354

It contains the following provisions:

• terms of use;
• rights and obligations of the owner, as well as the organization providing services;
• payment order;
• cases of recognition of housing and communal services as low-quality, including facts of violation of their provision;
• features associated with use central system Cold water supply and hot water supply, or a separate column;
• responsibility of the parties.

There is no need to fully delve into the text of the document to solve the problem. You should pay attention to specific articles.

Recalculation for hot water is possible if:

• there were errors when entering data into the accounting system - when there was a discrepancy with the actual readings;
• water does not meet sanitary and hygienic standards after purification (approved);
• the pressure in the water supply pipes is lower than required;
• emergency work deadlines were violated.

All bases are indicated starting at. Paragraphs 86 to 98 describe the recalculation procedure.

Other legislation

Water supply issues are also covered by other legal documents:

1. . You can refer in the text of the application to, indicating that the amount of payment is linked to the regional tariff. The components of payment for utility services are also established - cold water supply, hot water supply, sewerage and energy.
2. With concepts about water supply of apartment buildings residential buildings, as well as the rules for the supply of hot water, can be found in.

It is not necessary to refer to these sections, but knowledge of them can help in cases of protracted disputes with the management company.

Watch the video:"Do-it-yourself recalculation of housing and communal services. Part 1."

Nuances and grounds for recalculating water consumption

In order for the recalculation to proceed without problems, little is required from the consumer. It is necessary to install meters (it is advisable not to lose technical passports) and submit testimony in a timely manner.

In this case, we can distinguish 4 situations that are considered the basis for changing the amount in the receipt:

1. Incorrect information - intentional or accidental.
   It is detected during a scheduled inspection - a walk-through of apartments by employees. They record the differences and transmit the data to the settlement center, where the charges are adjusted. In some cases of recalculation after checking water meters, the next receipt may come with a minus sign, and you will not need to pay for housing and communal services for the next 2-3 months.
2. Violation of the rules for connecting to the central water supply system.
   The inspection report is drawn up by specialists of the management company. As a result, the tenant receives an order to correct the connection, as well as charges for unaccounted for water.
3. Interference with the work of the IPU.
   If the seal is broken, then recalculation will be made only from the date of its renewal. In this case, the application is accepted no later than three months from the date of detection of the interference - a security measure against unauthorized actions.
4. Low quality CG.
   If non-compliance with the standards is confirmed, a decision is made in favor of the apartment owner. At the same time, he has the right to demand compensation from the management company - the case is regulated by and.

Complications of the situation with incorrect charging usually occur in the absence of metering devices, as well as in some cases.

If statements for 2020 were not submitted

It's worth starting with the main thing. By analogy with the concept of a statute of limitations, there is a limited period in which an application can be filed.

Conditions for recalculation of water by meters if readings have not been submitted for a long time:

1. Indications were not provided for 1 to 5 months.
   In this case, the metering device is considered faulty, and the charge occurs according to the calculated average monthly tariff. In this case, recalculation is possible only after the responsible persons have checked the condition of the meters. If the device is in working order and the seals have not been damaged, then you can submit an application.
2. From six months or more.
   Missing 6 billing periods in a row is grounds for refusing to reduce the payment amount. In this case, the management company is obliged to initiate an inspection of the IPU and take readings. This issue is described in more detail in.

You should not miss the dates for submitting information from meters for too long, since the difference in tariffs is significant. In addition, it is worth taking into account unforeseen circumstances, due to which 2 missed months can turn into six months, making the loss of funds irrecoverable. This threatens the formation of debt in payment receipts.

If there are no meters

A separate point is recalculation for utility bills in apartments where a meter is not installed. Such cases are described in. The basis for this is the absence of the tenant for more than 5 days in a row.

There are two nuances:

1. Only recalculation for hot and cold water is provided. Water disposal for general house needs is not affected.
2. Documents must be attached to the application to confirm the fact of departure.

At the same time, it is possible to appeal to legislative acts only if it is determined that it is impossible to install a water meter. If the metering devices are not at the consumer's request, the application will be refused.

The state strictly suppresses attempts to abuse rights. For example, providing an apartment for rent during absence. If it is discovered that someone is living on the premises, at best a refusal will be received, and at worst - liability for fraudulent activities.

Recalculation for hot water of inadequate quality

The most significant part of the payment for utilities is hot water supply.

The definition of hot water supply provides specific standards that it must comply with:

1. Heat. The minimum DHW temperature is 65 degrees. At the same time, the permissible difference for the daily period has been established - a discrepancy of up to 3 (daytime) and 5 degrees (at night). If there is barely any flow from the hot tap warm water(below 40°C) – payment at the cold water tariff.
2. If the hot water supply is “rusty”, then you can initiate a check. In practice, the method is of little use when water of inadequate quality is supplied continuously, most likely, scheduled work is taking place. In this case, it is difficult to prove the fact of violation of the terms of their duration.

To recalculate for low-quality hot water, a special formula is used.

Formula for recalculating hot water of inadequate quality

The period during which the hot water supply does not meet the norm is from 40 to 64°C. Higher is acceptable, lower is considered cold. For every three degrees less than normal the cost of the service drops by 0.1%. The calculation algorithm is indicated in paragraph.

Example

For convenience of calculations, we will take a tariff of 330 rubles per square meter.

During the month, a resource with a temperature of about 55°C was supplied from the hot water tap, then hot water is recalculated as follows:

1. A multiplier is determined - 0.1% for every three degrees of deviation. Total, 0.3%.
2. The tariff is divided by the number of calendar days in the period. 330 / 30 = 11 rubles for every 24 hours.
3. The fee for 1 day, the coefficient and the number of hours in the billing period are multiplied - 11 * 0.003 * 720 = 23.76. This is the recalculation amount.
4. The resulting value is deducted from the monthly tariff. The total payment will be 330-23.76 = 306.24 rubles.

Please note: the reduction in service is calculated not in tenths, but in fractions of a percent, i.e. not 0.1, but 0.001.

Recalculation for hot water during planned shutdowns

If the DHW is turned off during annual work at Vodokanal, the conditions specified in:

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• duration of events every 12 months. – no more than 14 days;
• consumers must be notified 10 days before disconnection.

In case of violation of deadlines, the fee is reduced by 0.15% for each hour exceeded. If the duration is met, then recalculation for hot water will not be produced will be presented.

Note: there are also maximum deadlines for unscheduled suspension. In case of emergency, the hot water supply should not be turned off for more than 4 hours in a row.

How to write an application for recalculation

There is no strict format for writing an application. It is enough that it contains all the necessary data. In addition, information about the applicant and the organization to which the application is being submitted should be correctly indicated. It is also worth preparing Required documents and take into account application deadlines.

Statute of limitations for recalculating hot water

This nuance is important for consumers of utility services if it is impossible to install metering devices. There are time limits for filing an application in case of departure. You must apply for a recalculation no later than 1 month from the date of return. If there is a delay, the accrual adjustment will be denied.

It is best to write an application before departure, attaching documents confirming the period of absence. Application processing time – 5 working days.

Application for recalculation of water by meters

The application must be submitted in writing.

It should contain:

1. Name of the management company and responsible person.
2. FULL NAME. and the applicant's contact information.
3. Please recalculate.
4. Indication of justifications with references to laws.
5. Information about the accrual of fees, the amount of which is disputed.
6. Signature and date.

The easiest way is to draw up an application for recalculation of water according to meters using the sample.

Required supporting documents

Before contacting the Criminal Code, you need to collect documents to attach to the application.

These include:

• certificate of verification of the meter with a certificate of reconciliation of readings;
• results of hot water temperature measurements;
• documents on shutting off water supply;
• expert opinion on the quality of hot water samples.

The more documents you can provide, the higher the chance of a decision in favor of the consumer. The presence of all relevant acts on the problem is an indicator of the correctness and validity of the appeal.

Where to complain if a water recalculation is refused

After submitting an application without evidence, the management company may refuse recalculation.

Other legal grounds:

• violation of statute of limitations;
• ignoring the need for responsible persons to have access to meters to verify the IPU.

If the application was drawn up correctly, the documents are attached, but the Criminal Code still refuses to recalculate, then you can file a claim. It is submitted to the state housing inspection.

It is necessary to describe the problem, complain about the illegal actions of the management company, list the names of employees and the dates of submission of applications. The text may refer to a violation of the Housing Code by the management company - and in the form of failure to fulfill obligations. The complaint should be accompanied by a copy of the application, ideally with a return receipt from an employee of the management organization.

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Please note: in order to improve work with consumers, most management companies record conversations. It would be useful to indicate the dates and approximate times of calls if there were attempts to solve the problem by phone.

Appeals to the inspectorate are considered in accordance with the following procedure:

• registration – within three working days;
• The examination itself takes 1 month, during the same period inspections are carried out;
• the response is sent to the specified contact information.

As a result, it is possible to initiate a procedure to analyze the activities of the management company, which may result in large fines and the transfer of the problem to the court. Sometimes facts are discovered that do not allow the housing inspectorate to act within its competence. In this case, the applicant receives a refusal with an explanation and an indication of the authorities to which the claim is forwarded.

Judicial practice on recalculation after verification of water meters

The last authority to turn to if recalculation is necessary is the court. The claim should list violations of articles of the Housing Code and rights by the Criminal Code. In this case, the state fee is not paid, since the appeal is considered a claim for the protection of consumer rights.

Additionally, the possibility of pre-trial settlement and the amount of compensation to be paid by the management company are indicated. Otherwise, a standard claim is drawn up.

Going to court is a last resort, and it usually doesn’t come to that. Recalculation for water by meters is a standard procedure, and most often occurs due to a common error. It is important to promptly respond to inflated charges in payments and seek compensation.

Watch the video:"Do-it-yourself recalculation of housing and communal services. Part 2."

The numbers on your utility bill do not always reflect real consumption water. Sometimes the management company adjusts the amount upward based on the results of meter verification. Sometimes the reason is that the tenant gave the testimony incorrectly or a simple mistake by the utility workers. To recalculate your water bill using the meter, you must first determine the grounds for reducing the amount.

The apartment has a meter, but the management company charges fees according to the norm: reasons and algorithm of actions

Basic normative act regulating the procedure for the provision and calculation of fees for utility services - Decree of the Government of the Russian Federation dated 05/06/2011 No. 354, which contains the “Rules for the provision of utility services” (hereinafter we will call them Rules 354). Why can the management company charge for water according to the norm, and not according to installed counter?

1. Paragraph 59 of the “Rules...” mentions that such a situation may arise if the water meter in right time will not pass verification. Readings from water meters with an expired calibration interval are not taken into account. In this case, payment for utility services (in the first 3 months) is calculated according to the amount of average consumption for the previous period. The duration of this period is 6 months before the end of the verification period.
2. Another reason is damage to the seals on the meter. In this case, you will have to pay a fine of 200 rubles. If it is revealed that the damage is a consequence of illegal connection and use of magnets, then this is already a criminal offense, and the fine can be increased to 300 thousand rubles.
3. Another reason is incorrectly transmitted reading data to the resource supply company. This is the most harmless reason, and the situation is easy to fix.

Whatever the problem, the main thing to remember is that the recalculation is done strictly after checking the water meters. When it is determined that the meter is in working order and the verification period has not expired, recalculation measures will be taken. Ultimately, the amount is adjusted in two cases:

• on the basis of an inspection report (verification) of a metering device or a protocol;
• on the personal initiative of the consumer. In this case, it is necessary to write an official statement to the Criminal Code.

If the fee continues to be charged at the rate without taking into account meters, you will have to follow the instructions for the second case. The sequence of actions under such circumstances:

1. Make sure that the period for verification of devices has not expired. To do this, just look at the meter's passport. This is where the manufacturer indicates the calibration interval. If documents are lost, you should contact necessary information to the management company. You can also make an official request and restore your passport from the manufacturer (usually payable service and not in all cases it turns out).
2. Once it turns out that verification of water meters is not required, you can proceed to the next step. To do this, you need to call specialists from the management company and draw up a report. It must record the exact readings of the instruments.
3. Register an official statement. Attach documents received after inspection of the meters by specialists. It will also confirm that the meter does not need verification and is in in good condition.
4. Submit an application to the settlement department of the management company.

The application must be reviewed within five working days. If the outcome is positive, the amount for utilities will be recalculated. The part that was overpaid will be transferred to the future payment.

An application for recalculation will be approved only if the verification period has not expired and the seals are not damaged. Otherwise, you will have to put the metering device in order or change it.

What to do if you don't agree with your utility water bill

In accordance with paragraph 42 of Rules 354, the amount of payment for utility services provided in a residential premises equipped with an individual meter (that is, a meter), with the exception of payment for utility services for heating, is determined based on its readings.

Utility workers counted more than the water meter shows

If the amount of water used in the issued receipt exceeds the readings of the meter, the procedure will be as follows:

1. You need to contact the utility company and report the difference between the data in the receipt and the actual meter readings. In some cases, it is enough to provide photographs of the metering device, which allows one to examine the visual identification marks of the device (seal, name, number), as well as establish its integrity.
2. Call specialists from the resource supply company to your home so that they can inspect the metering device and draw up a report that will serve as the basis for further adjustments in the calculations.
3. The utility service provider must recalculate (in accordance with clause 61 of Rule 354). As a result, the subscriber must either adjust the amount of payment or take into account the amount resulting from overpayment for water when paying for subsequent periods. The recalculation amount must be reflected in the receipt that will be sent to the subscriber.

Incorrect readings were provided

In a situation where a subscriber transmits erroneous meter readings, you should proceed as follows:

1. If incorrect readings were transmitted once, any of the following should be done: possible ways transmit or report correct data, while informing representatives of the utility organization about the error.
2. If erroneous readings were transmitted over several periods, you will need to call representatives of the resource supply company to your home so that they can inspect the meter and draw up a report.
3. Utilities will recalculate the fee based on the meter readings taken during the inspection. Overpaid cash will also be taken into account towards payment of future periods.

Poor quality services

If a consumer is provided with a low-quality utility service, the consumer also has the right to demand a recalculation of the fee. For example, in a situation where, due to an accident, there was no water in the house for a long time. In accordance with state Sanitary Regulations and Regulations, the duration of the interruption in the provision of a utility resource is determined, as well as the requirements for the constant composition and pressure in the water supply system.

If these indicators are violated, the amount of water payment for the billing period is subject to reduction until the consumer is completely freed from the need to pay for such a service (clause 98 of Rules 354).

The algorithm of actions will be as follows:

1. Submitting a corresponding statement regarding the provision of low-quality services and a request for recalculation.
2. Waiting to receive notification from the resource supplying organization about the measures taken, as well as the need to participate in the investigation of the reasons for which the situation of providing a low-quality resource arose.
3. Receive the results of the investigation in your hands, indicating all actions taken, measures taken, as well as recommendations.
4. Waiting for recalculation.

In some cases, it may be necessary to re-submit an application for recalculation of the amount payable; it all depends on the document flow of a particular utility company.

The next situation in which recalculation is possible is when hot water does not meet established standards. In this situation, you should be guided by paragraphs 5,6,7 of Section II of Appendix 1 of Rules 354. The procedure will be similar to the above.

Network repair

The situation with network repairs is ambiguous, since it will be possible to demand a recalculation of the amount payable only if the provisions of Appendix No. 1 of Rule 354 are violated, namely:

• in case of accidents, the interruption in water supply is more than 8 hours in total for one month;
• the break is more than 4 hours in a row when cold water is supplied and more than 24 hours when there is no hot water.
• During planned pressure testing, the duration of hot water shutdown is no more than 14 days per year, and consumers must be notified 10 days before the shutdown.

If deadlines are violated, the fee is reduced by 0.15% for each hour exceeded.
If there are water meters, the fee for missing hot water supply or hot water supply will not be charged in any case. Therefore, there is no right to demand a recalculation: in any case, you do not pay for a service not provided.

What to do if they refuse to recalculate water bills

Cases of refusal to carry out recalculation are not uncommon. Very often, utility companies unreasonably ignore the need for recalculation.

To prove that you are right, you need to receive an official refusal from the resource provider, containing the reasons and grounds. Next, with the received paper and available documents, you can apply for protection of your rights to the following government authorities:

1. State Housing Inspectorate of the Russian Federation.
2. Rospotrebnadzor.
3. Prosecutor's Office of the Russian Federation.

To substantiate your case, you will need to attach all supporting papers and calculations made. The result of the appeal will be an investigation initiated by the government agency, as well as a decision made based on its results.

If it is not possible to receive a paper with a refusal to recalculate, or utility workers simply ignore receiving an application from the consumer, in a complaint to the supervisory authority it will be possible to indicate this information, and also add that the recalculation is not carried out unmotivated and unreasonable.

The final authority where you can turn to protect your rights will be the court. However, filing a statement of claim there must already take place according to the standards established by the current Code of Civil Procedure of the Russian Federation. Judicial practice on this matter is quite extensive and very often courts oblige companies to recalculate.

Sample applications

The very fact that there is a water meter in the apartment does not always guarantee payment according to its data. This is influenced by a number of reasons that the consumer may encounter. In such circumstances, the main thing is not to worry and act according to the presented algorithm. The problem can be solved quickly and successfully.

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