Calculation of hot water supply: quality control and recalculations. Who is responsible for hot water in the apartment and what should the temperature be? How to recalculate hot water

Please note that in clause 5 of Appendix 1 to the Rules for the Provision of utilities The permissible deviation of the temperature of hot water at the point of water tapping from the temperature corresponding to the requirements of the legislation of the Russian Federation on technical regulation is also indicated:

– at night (from 0.00 to 5.00) – no more than 5 °C;

- V daytime(from 5.00 to 00.00) – no more than 3 °C.

However, these provisions do not in any way reduce the temperature, which is an indicator of the quality of hot water. Deviation from the established requirements (temperature below 60 and above 75 °C) means the provision of the service poor quality(see Decision of the Supreme Court of the Russian Federation dated May 31, 2013 No. AKPI13-394).

If the utility service provider has an obligation to ensure that the hot water temperature at water collection points (in apartment taps) is not lower than 60 °C, it is logical to assume that at the entrance to the house the water temperature should be slightly higher (due to objective losses of thermal energy in intra-house networks). However, we emphasize once again that the regulations do not contain specific requirements for the temperature of hot water entering the house. Therefore, in court proceedings we are talking about requirements for RSO to ensure that the temperature of hot water entering the house is not lower than 60 °C.

When does the manager of an apartment building have the right to recalculate the cost of hot water?

In accordance with paragraph 2 of Art. 542 of the Civil Code of the Russian Federation, in the event of a violation by the energy supply organization of the requirements for energy quality, the subscriber has the right to refuse to pay for such energy. In this case, the energy supplying organization may demand compensation from the subscriber for the cost of what the subscriber unjustifiably saved due to the use of this energy.

By virtue of paragraphs. “d” clause 22 of the Rules for concluding resource supply contracts, when establishing in the contract the procedure for determining the cost of the supplied utility resource, it is taken into account that in the event of RSO supplying a utility resource of inadequate quality and (or) with interruptions exceeding the stipulated duration, the amount of payment for the utility resource changes in the order , defined by the Rules for the provision of public services.

Legislation gives unconditional priority to accounting for supplied utility resources with the help of meters installed, as a rule, at the border of the balance sheet of the RSO networks and the subscriber (provider of public services). Therefore, if there is a working operating control unit, put into operation properly, recording water temperature indicators, reports on the parameters of the utility resource, according to the operating control unit, are sufficient evidence of the supply of hot water of inadequate quality. If RSO does not refute the information specified in these documents, such reports are quite sufficient to establish the fact of supply of a resource of inadequate quality and carry out recalculation (resolution of the AS UO dated January 11, 2017 No. F09-10932/16 in case No. A60-59444/2015, AS SKO dated March 29, 2016 No. F08-484/2016 in case No. A32-23685/2014).

This conclusion is consistent with paragraphs. “c” clause 111 of the Rules for the provision of public utility services, by virtue of which the date and time from which it is considered that the public service is provided with a violation of quality is the date and time of the beginning of the violation of the quality of the public service, which was recorded by the OPU, IPU or other means measurements intended for these purposes and used in accordance with the requirements of the legislation of the Russian Federation on the uniformity of measurements, if the specified metering devices and measuring instruments are capable of storing recorded information. In this case, the utility service provider does not need to comply with the procedure for establishing the fact of providing low-quality services in accordance with Section. X Rules for the provision of public services (resolution of AS PO dated January 16, 2017 No. F06-15316/2016 in case No. A12-4577/2016, AS ZSO dated September 19, 2016 No. F04-3939/2016 in case No. A03-12727/2015, AS Central Election Commission dated February 29, 2016 No. F10-5264/2015 in case No. A09-1717/2015).

If there is no hot water control unit that records the temperature of the coolant (the house is not equipped with a control unit put into operation in the prescribed manner, or is equipped with a control unit that does not measure the water temperature, but records the coolant flow and the amount of thermal energy), the fact that hot water is supplied is of inadequate quality must be confirmed by a set of documents. In particular, compliance with the procedure set out in Section. X Rules for the provision of public services:

– the fact of the consumer’s contact with the emergency dispatch service is recorded (clauses 105, 106, paragraph “b”, clause 111);

– the date and time of the inspection are agreed upon with the consumer, the RSO is notified of the upcoming inspection of the quality of the utility service, if the reasons for providing the consumer with a service of inadequate quality are unknown to the contractor (clause 108);

– an inspection is carried out, the results of which are documented in an act (clause 109). As part of the inspection, the fact of provision of a service of inadequate quality is established (the act of measuring the temperature at the point of analysis in the residential premises), as well as the reason (the act of measuring the temperature at the entrance to the house).

Summary tables and calculations compiled by the management company in unilaterally, in the absence of certificates of inspection of the quality of public services, will not be accepted by the court as evidence (Resolution of the AS TsO dated October 20, 2016 No. F10-2735/2016 in case No. A14-6593/2015).

Please note that regulations do not link the establishment of the fact of delivery of a low-quality resource with the fact of recalculation by the utility service provider to the owners of premises of payment for low-quality service (Resolution of the AS ZSO dated September 19, 2016 No. F04-3939/2016 in case No. A03-12727/2015), although such a condition may be included in the resource supply agreement is based on the agreement of the parties and then must be respected.

Recalculation method

From the provisions of paragraphs. “d” clause 22 of the Rules for concluding resource supply contracts directly follows that the reduction in the cost of a utility resource of inadequate quality is calculated in the manner established by the Rules provision of public services. The arbitrators come to the same conclusion based on the conclusions made in the Decision of the Supreme Court of the Russian Federation No. AKPI13-394: in the absence of any other act regulating relations related to changes in the amount of payment for the provision of public services for hot water supply, the manager of the apartment building has the right to demand from the RSO reduction of payment in case of delivery to homes of a resource that does not meet the requirements of SanPiN, in the same manner as established for the recalculation of fees for services for end consumers (resolution of AS PO dated January 16, 2017 No. F06-15316/2016 in case No. A12-4577/ 2016, AS CO dated February 29, 2016 No. F10-5264/2015 in case No. A09-1717/2015).

Recalculation algorithm

According to clause 101 of the Rules for the provision of utility services, when a utility service is provided in a billing period of inadequate quality, the amount of payment for such a service, determined for the billing period in accordance with Appendix 2, is subject to reduction by the amount of the fee calculated in total for each period (day) of provision of such utility service. services of inadequate quality, in the cases provided for in Appendix 1 to these rules.

The amount of payment calculated in total for each period of provision of a utility service of inadequate quality is determined as the product of the amount of payment for a utility service determined for the billing period in accordance with Appendix 2, and the ratio of the duration of provision of a utility service of inadequate quality in the specified billing period to the total duration of provision of utility service. services in such billing period.

Let us introduce some notation.

The amount of payment for utility services determined for the billing period in accordance with Appendix 2 to the Rules for the provision of utility services is – Pi, and the amount of payment calculated in total for each period (day) of provision of such a utility service of inadequate quality (that is, in fact, the amount of reduction) – Δ . Duration of provision of utility services of inadequate quality in the billing period – t. The total duration of the provision of utility services in the billing period, taking into account the rule on the continuous and uninterrupted provision of hot water supply services, is equal to the duration of the billing period.

The above procedure for calculating fees (paragraph 2 of clause 101 of the Rules for the provision of utility services) can be presented as follows (let’s assume that there are 31 days in a month):

Δ = Pix t/31days

In accordance with clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities, for every 3 °C deviation from permissible deviations temperature of hot water, the amount of payment for utility services for the billing period in which the specified deviation occurred is reduced by 0.1% of the amount of the payment determined for such billing period in accordance with Appendix 2 to the Rules for the provision of utility services, for each hour of deviation from permissible deviations in total during the billing period, taking into account the provisions of Section. IX Rules for the provision of public services. For each hour of hot water supply, the temperature of which at the point of collection is below 40 °C, in total during the billing period, payment for consumed water is made at the tariff for cold water.

The following indicators are used in this calculation:

– the amount of payment for utility services for the billing period in which there was a deviation from the permissible deviations in hot water temperature (Pi1);

– percentage reduction in the size of the fee (%), takes the values “0.1” with a deviation of 3 °C, “0.2” with a deviation of 6 °C, etc.;

– period of deviation from permissible temperature deviations in total during the calculation period, taking into account the provisions of Section. IX rules (t1), determined in hours.

Thus, the amount of the fee reduction can be calculated using the following formula:

Δ = Pi1X %x t1

As you can see, this formula differs from that given in paragraph 101 of the Rules for the provision of utility services. However, the norm of paragraph 5 of Appendix 1 has priority as a special one. This conclusion is confirmed by law enforcement practice.

The above formulations are far from perfect, as evidenced by various options interpretations, as well as numerous litigation on this issue. There are ambiguities regarding the first two factors.

Fee amount to which reduction percentage applies

The first indicator of the formula is the value, the share of which forms the amount of the reduction in the size of the fee (Pi1). Clause 5 of Appendix 1 to the Rules for the Provision of Utility Services states that this is a fee for the billing period in which the hot water temperature was reduced. What billing period is meant here?

In accordance with clause 37 of the Rules for the provision of utility services, the billing period for payment of utility services is set equal to a calendar month. The Letter of the Ministry of Regional Development of the Russian Federation dated June 4, 2007 No. 10611-YUT/07 provides an example of a calculation, from which it is clear that the payment is meant specifically for a calendar month. By the way, the wording of the current Rules for the provision of utility services is actually no different from the wording of the no longer valid rules in the part under consideration (clause 5 of Appendix 1). It is known that in private clarifications the Ministry of Construction is also of the opinion that the monthly fee should be taken into account in the calculation.

Meanwhile, clause 101 of the Rules for the Provision of Public Utility Services states that the amount of payment for the billing period (month) should be reduced by the amount of payment calculated in total for each period (day) of provision of such a utility service of inadequate quality. That is, it is necessary to calculate the amount of payment for each day of provision of poor-quality services.

In addition, the Decision of the Supreme Court of the Russian Federation No. AKPI13-394 specifically noted: clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities establishes the conditions and procedure for changing the amount of payment for the provision of public services for hot water supply of inadequate quality, which does not allow for a complete refusal to pay the cost of hot water water supplied in violation of its temperature regime. If we assume that the amount of payment per month should be taken as the indicator Pi1, even with short and insignificant deviations in the temperature of hot water from the standard, the amount of reduction will reach this same amount of payment and the consumer will be exempt from paying for hot water of inadequate quality in a given month. It is this circumstance that many arbitrators put at the forefront when they accept the calculation of RSO based on the amount of payment per day and reject the calculation of the manager of the MKD based on the amount of payment per month.

For example, in the Resolution of the Supreme Military District of October 14, 2016 No. F01-3504/2016 in case No. A39-6742/2014 it is noted: the method proposed by the Criminal Code for reducing the amount of payment for a low-quality resource, according to which the percentage of reduction in the amount of payment for hot water supply is determined in total for the month and multiplied by the amount of payment for hot water supply for such a month, is actually aimed at exempting the management company from paying the cost of the consumed low-quality resource, which is unacceptable. Thus, when supplying hot water with a temperature deviation of 18 °C below the standard for every hour for nine days, the monthly fee for hot water, if we accept the CM methodology, will be equal to zero. From the literal interpretation of clause 101 of the Rules for the provision of utility services, it follows that the billing period for the provision of utility services of inadequate quality is one day. This opinion is shared by many arbitrators (see decisions of the AS ZSO dated October 25, 2016 No. F04-4511/2016 in case No. A45-26014/2015, AS FER dated April 4, 2017 No. F03-6488/2016 in case No. A24-495/2016 , AS UO dated 03/31/2017 No. F09-1379/17 in case No. A60-14516/2016, dated 02/06/2017 No. F09-11636/16 in case No. A71-4808/2015).

However, there are also cases when arbitrators listen to the explanations of the Ministry of Construction and recognize the calculation based on the amount of payment per month as correct (see, for example, Resolution of the AS ZSO dated June 15, 2016 No. F04-2184/2016 in case No. A03-21553/2014) .

Thus, managers of apartment buildings can be recommended to contact the Ministry of Construction for clarification of the procedure for calculating the reduction in the amount of payment for hot water of inadequate quality and, having secured the document, to support their position in court. At the same time, one must be prepared for the fact that the court will reject this approach, citing the fact that the clarifications are not normative acts.

By the way, if the indicator of the amount of payment per day is selected, if there is an operating budget, it is advisable to calculate it according to the actual volume of water consumption per day, recorded by the meter. In the absence of operational resources, the calculation should be carried out arithmetically: the total volume of the resource supplied to the house and accepted for calculation must be divided by the number of days in the month.

Fee reduction percentage

In accordance with clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities, for every 3 °C deviation from the permissible deviations in hot water temperature, the fee is reduced by 0.1%. At the same time, the permissible deviation of the temperature of hot water at the point of water intake is already indicated by no more than 5 °C at night and by no more than 3 °C during the day. Based on the literal interpretation of the above norm, the fee for hot water is not reduced if the water temperature was not below 55 °C at night and 57 °C during the day. Accordingly, when the daytime temperature drops by another 3 °C (that is, to 54 °C), the fee is reduced by 0.1% per hour, when it drops to 51 °C - by 0.2%, etc. This item supported by the arbitrators (resolution of the Arbitration Court No. F09-1379/17 dated March 31, 2017 in case No. A60-14516/2016, resolution of the Arbitration Court No. F03-976/2016 of May 24, 2016 in case No. A24-1520/2015).

However, the Decision of the Supreme Court of the Russian Federation No. AKPI13-394 states that the establishment in paragraph 5 of Appendix 1 to the Rules for the provision of public utilities of permissible deviations from the temperature regime prescribed by SanPiN 2.1.4.2496-09 actually means a change in the sanitary and epidemiological standard for the quality of hot water, which is anti-epidemic measure. This legal regulation contradicts the above-mentioned norms of legislation and entails recognition of the contested norm as invalid in the given interpretation. Deviation from the established requirements means the provision of a service of inadequate quality. In terms of the conditions and procedure for changing the amount of the fee, the norm in question continues to apply.

Therefore, the percentage reduction in the fee must be applied for any deviation from the standard, that is, if the hot water temperature drops during the day to 57 °C, the percentage reduction will be 0.1%, if it drops to 54 °C - 0.2%, etc. This option seems more logical and fair. It is known that the courts support him too.

This means that, again, it is advisable for the manager of the apartment building to justify his demands by citing a more advantageous calculation, being ready to defend before the court the position that it is inadmissible to reduce the temperature of hot water in comparison with the standard indicator.

The second issue with calculating the reduction percentage is whether it can be defined as a number that is not a multiple of 0.1. The fact is that when the temperature of hot water decreases not by 3 °C, but less, some experts recommend determining the percentage of decrease taking into account tenths, proportional to the ratio of the temperature deviation to the “step” of 3 °C. For example, if the hot water temperature during the day was 55°C, the percentage reduction could be calculated as 0.167% (5/3 x 0.1%). Is it correct? From the wording of clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities, it is hardly possible to draw such a conclusion. For every 3 °C deviation, the fee is reduced by 0.1%. From a literal interpretation of the norm, we can draw a conclusion about the relationship between the water temperature and the percentage reduction.

By the way, this approach is demonstrated in the Letter of the Ministry of Regional Development of the Russian Federation No. 10611-YUT/07. And in the Resolution of the AS UO dated October 28, 2016 No. F09-9955/16 in case No. A71-5017/2015 it is noted that the calculation of the Criminal Code is incorrect, since it includes tenths of a degree.

About the communal resource for maintenance common property

Since 2017, the concept of a communal resource consumed for the maintenance of common property was introduced. Within the framework of the Rules for concluding resource supply contracts, the requirements for the quality of a communal resource consumed in the maintenance of common property do not differ from the requirements for the quality of a communal resource purchased for the purpose of providing utility services to consumers. Therefore, the manager of the apartment building has the right to demand recalculation in relation to the entire volume of the resource supplied to the house, which is the subject of the agreement with RSO. This statement is true even if there are direct relations between RSO and consumers. contractual relationship regarding the provision of utility services, and the manager of the apartment building only acquires from the RSO the resource consumed in the maintenance of the common property.

Please note that the Rules for the provision of utility services provide for the recalculation of fees for low-quality utility services, which are understood as services provided on the premises (when managing a house of a management company, HOA). At the same time, the current legislation (including the Rules for the maintenance of common property) does not detail the procedure for calculating payments for utility resources for the purpose of maintaining common property as part of the payment for the maintenance of residential premises, and even more so does not provide for the procedure for recalculating this payment in the event that the hot water used in within the framework of activities for the maintenance of common property, there was insufficient temperature. Therefore, it seems that at present there is no basis for recalculating the payment for hot water for consumers in order to maintain common property, if at the entrance to the house the operating authority recorded an unacceptable low temperature water and (or) the fact of provision of public services for hot water supply (in residential premises) of inadequate quality has been established.

About the supply of hot water at a two-component tariff

In a situation where a two-component tariff for hot water is established for the RSO, the MKD is equipped with a control unit that takes into account the volume of coolant and the amount of thermal energy; the calculation with the RSO according to the readings of the OPU, without taking into account the standard for thermal energy consumption for water heating, seems to comply with the law. You can read more about this in the material by S. N. Kozyreva “The volume of excess consumption at one-way service station with a two-component tariff for hot water supply.” At the same time, the MKD manager must pay consumers of utility services based on the specified standard, since this is directly prescribed by formula 23 from Appendix 2 to the Rules for the Provision of Utility Services.

For information: there are cases when the manager of an apartment building managed to defend the use of the standard for water heating in settlements with RSO (Resolution of the Tenth Arbitration Court of Appeal dated April 17, 2017 No. 10AP-805/2017 in case No. A41-18008/2016) and, on the contrary, the use the actual volume of thermal energy according to the indications of the control center in settlements with consumers (Resolution of the Tenth Arbitration Court of Appeal dated 02/20/2017 No. 10AP-119/2017 in case No. A41-58445/2016, left unchanged by the Resolution of the Autonomous District of Moscow dated 05/11/2017 No. F05-4667 /2017).

Since the OPU records the actual volume of thermal energy consumption for water heating, it is this that must be paid to the RSO. It is illogical to use any mechanisms to reduce the cost of a resource due to a deviation in hot water temperature. Let us remember, in accordance with paragraph 2 of Art. 542 of the Civil Code of the Russian Federation, in the event of a violation by the energy supply organization of the requirements for energy quality, the subscriber has the right to refuse to pay for such energy. In this case, the energy supplying organization has the right to demand compensation from the subscriber for the cost of what the subscriber unjustifiably saved due to the use of this energy. The principle of payment for actually consumed energy is enshrined here.

On the contrary, since, in accordance with formula 23, the payment for hot water for consumers is calculated based on the standard rate of thermal energy consumption for heating water (which is established taking into account the provision of the proper temperature of hot water), consumers can qualify for a reduction in the payment for hot water if its temperature deviated from the standard, in accordance with clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities. Similarly, if the apartment building is not equipped with a control unit that records the amount of thermal energy for heating water, and in calculations with the RSO the thermal energy consumption standard is used, the apartment manager has the right to reduce the cost of hot water.

According to the interpretation of the norms of current legislation given by the RF Armed Forces, there are no permissible deviations from standard temperature hot water at the tap point. Any deviation indicates inadequate quality of the utility service. The same is true for the quality indicators of the utility resource at the point of delivery. Recalculation for management companies is carried out in the same way as for consumers, in accordance with the Rules for the provision of utility services. Law enforcement practice reveals several controversial issues regarding the application of this methodology. Key moment: The reduction percentage should be applied to the fee per day, not per month. Let us add that with a two-component tariff, if there is a control unit that takes into account the volume of thermal energy in hot water, there is no reason to recalculate the fee for low-quality hot water for the building manager.

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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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:

. 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.
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:

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.
Violation of the rules for connecting to the system central water supply.
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.
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.
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:

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.
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:

Only recalculation for hot and cold water is provided. Water disposal for general house needs is not affected.
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:

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.
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:

A multiplier is determined - 0.1% for every three degrees of deviation. Total, 0.3%.
The tariff is divided by the number of calendar days in the period. 330 / 30 = 11 rubles for every 24 hours.
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.
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 no recalculation for hot water will be provided.

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 the necessary documents and taking into account the deadlines for filing an application.

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:

Name of the management company and responsible person.
FULL NAME. and the applicant's contact information.
Please recalculate.
Indication of justifications with references to laws.
Information about the accrual of fees, the amount of which is disputed.
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."

Hello, in this article we will try to answer the question “How to Recalculate Hot Water According to Resolution 354.” You can also consult with lawyers online for free directly on the website.

What is the procedure for recalculating utility fees for hot water supply of inadequate quality?

If the hot water temperature is less than 60 degrees, then according to the same scheme, a deduction of 0.1% is made for every three degrees below the norm.

STEP 6: If in the period following the submission of the application for recalculation, it is not made, you have the right to contact the regional public housing authority (State Housing Inspectorate) with an application for an inspection, to which all drawn up acts must be attached (see sample application ).

The pressure in the DHW system at the point of water intake must be from 0.03 MPa (0.3 kgf/cm²) to 0.45 MPa (kgf/cm²). Pressure deviation in the DHW system is not allowed. For each hour when the pressure deviated from the set value by up to 25 percent, the fee is reduced by 0.1% of the fee for the billing period.

N 1190 “On the Rules for determining the amount of payment for utility services paid by tenants of residential premises in dormitories included in the housing stock of organizations carrying out educational activities, under rental agreements for residential premises in a dormitory.”

Recalculation of hot water according to Resolution 354 in case of temperature mismatch

Poor quality services. Independent quality measurements are not recognized by managers, so they must be carried out by specialists. During measurements, the water pressure is estimated, chemical composition, transparency, hot water temperature. If you have any doubts about the quality of water, you can contact Rospotrebnadzor.

Before determining the temperature of the hot water at the tap point, it is necessary to drain the hot water for no more than 3 minutes. Here are the main indicators of hot water quality that are required by the legislator for this utility service.

Recalculation for water according to the meter is done by the service provider in accordance with clause 61 of the Rules, approved. Resolution 354.

If the connection order is found to be incorrect indoor equipment consumer to in-house engineering systems.

Clause 5 of Appendix No. 1 to Regulation No. 354 contains the following provisions: the energy supply organization is obliged to provide the consumer hot water, the temperature of which corresponds to the established SanPiN 2.1.4.246-09, deviations are allowed by no more than 5°C at night, and no more than 3°C during the day.

Each utility and housing service must be provided with high quality and in accordance with the standards established by the legislation of the Russian Federation.

Before you make an official request for a measurement, you need to carry out this procedure yourself. Having opened the tap with hot water, you need to let it drain for about 3 minutes, then fill the container with liquid and measure it with a household thermometer, waiting a few minutes until the thermometer column stops.

Each utility and housing service must be provided with high quality and in accordance with the standards established by the legislation of the Russian Federation.

The government adopted a new resolution No. 354 of 05/06/2011, according to which it is possible to receive a recalculation for utilities under certain conditions.

If interruptions exceed the standards, then for each extra hour the water bill is reduced by 0.15%. For example, if there is no hot water for a day, then the payment for water will be reduced by 3% (the permissible downtime has been exceeded by 20 hours).

The application for recalculation does not have a strictly established form and is written in free form according to the general rules for drawing up this business document.

The supply of cold water, hot water, thermal energy, electrical energy and gas to non-residential premises in an apartment building, as well as the disposal of waste water, is carried out on the basis of resource supply agreements concluded in writing directly with the resource supplying organization.

Obtaining services is one of the topics that requires knowledge at the level of regulations and legal precedents. The work of public utilities is far from free of complaints from residents. And when receiving low-quality services, you need to understand that utility services must pay for these inconveniences.

Where to go for recalculation?

In case of refusal to make a recalculation, the citizen is left to decide what to do next: he has the right to apply own choice to Rospotrebnadzor (for quality of services), the prosecutor's office or the court.

Payment for hot water supply constitutes a significant part of all utilities, and its quality is not always satisfactory. If rusty or lukewarm water comes out of the tap, if there are interruptions in supply, the consumer has the right to count on recalculation of amounts for hot water supply of inadequate quality.

Terms for recalculation of utilities

According to clause 104 of the Rules, an examination upon the fact of a person’s application must be carried out within 2 hours (or at another time as agreed by the parties). The inspection report is drawn up by commission, and the consumer is given his own copy.

However, these provisions do not in any way reduce the temperature, which is an indicator of the quality of hot water.

For example, if you did not have hot water for two weeks, then the amount of payment for hot water should be reduced by the cost for these two weeks (provided you do not have cold and hot water meters). Decree 354 regulates not only your rights, but also your obligations in relation to management companies, housing and communal services enterprises or HOAs.

The procedure for recalculating utilities

Statement of claim for the provision of utility services for hot water supply of inadequate quality and a reduction in fees for hot water. There is not enough information about how management companies make money from hot water supply high temperature, you can find out from the video: Did you like the article? Follow site updates on VKontakte or Twitter.

If for some reason the residents of the house were absent from the apartment for more than 5 days, they have the right to receive a recalculation of utilities during their absence.

N 580 “On amendments and invalidation of certain acts of the Government Russian Federation"(Collected Legislation of the Russian Federation, 2010, No. 31, Art. 4273). In the first case, it is much easier to obtain a recalculation, since it is enough to write the required application in a timely manner and provide documents confirming your absence from the apartment for a certain time. In the second case, it will be necessary to record the fact of violation of the quality of services and the timing of their provision.

The new edition of PP 354 came into force at the end of 2015. This legislative act regulates the procedure for generating bills for housing and communal services and establishes consumption standards.

Violations of the norms that are recorded in the act should not go unnoticed. The amount of refund or non-charge for hot water supply in case of non-compliance with the standard temperature is a means that should not be overpaid.

However, according to Resolution 354, the amount of charges for utilities can be recalculated in your absence.

C - in closed. The water temperature in the hot water supply system must be maintained using an automatic regulator, the installation of which in the hot water supply system is mandatory. The water temperature at the outlet of the water heater of the hot water supply system must be selected from the condition of ensuring the normalized temperature at the water supply points, but not more than 75 degrees.

Rules for recalculation for hot and cold water with and without meters in 2020 - Resolution 354, formulas, sample statements in case of disconnection or inadequate quality of services

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

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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 the use of a central cold water and hot water system, 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 according to Resolution 354 is possible if:

there were errors when entering data into the accounting system - when there was a discrepancy with the actual readings;
the water does not meet sanitary and hygienic standards after purification (approved by SanPin 2.1.4.1074.1);
the pressure in the water supply pipes is lower than required;
emergency work deadlines were violated.

All grounds are indicated starting in section VIII of the Resolution. Paragraphs 86 to 98 describe the recalculation procedure.

Other legislation

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

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.
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.
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.
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 Part 4 of Article 157 of the Housing Code of the Russian Federation and Section IX of Resolution No. 354.

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:

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.
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 paragraphs 59 and 60 of Resolution No. 354.

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 Section VII of the Resolution. The basis for this is the absence of the tenant for more than 5 days in a row.

There are two nuances:

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

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:

Heat. The minimum DHW temperature according to SanPiN 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 barely warm water comes from a hot tap (below 40°C), pay at the cold water tariff.
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 specified in paragraph 101 of the Rules.

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:

A multiplier is determined - 0.1% for every three degrees of deviation. Total, 0.3%.
The tariff is divided by the number of calendar days in the period. 330 / 30 = 11 rubles for every 24 hours.
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.

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 hot water supply is turned off during annual work at Vodokanal, the conditions specified in Decree of the Gosstroy of Russia No. 170 must be met:

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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 no recalculation for hot water will be provided.

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

Statute of limitations for recalculating hot water

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

Application for recalculation of water by meters

The application must be submitted in writing.

It should contain:

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

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. In the text, you can refer to the management company’s violation of the Housing Code – clause 2.3 of Article 161 and clause 2 of Article 162 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.

Don't understand the article or need help? Ask our in-house lawyer a question through the Online Consultant form or leave a comment. We will definitely answer!Ask a question >>>

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.

Judicial practice on recalculation after verification of water meters

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.

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

Recalculation of Hot Water in 2020 According to Resolution 354

Hello, in this article we will try to answer the question “Recalculation for Hot Water in 2020 According to Resolution 354.” You can also consult with lawyers online for free directly on the website.

Often, residents of houses and apartment owners pay utility bills without looking at them and without being interested in what they are actually paying money for. But in last years people increasingly became interested in utility tariffs and their own rights. In particular, many people learned that it is possible to recalculate utility services according to Resolution 354.

Decrees of the Government of the Russian Federation regulate certain issues of providing citizens with certain services. Section eight regulates the procedure for recalculating water meter readings.

The latest amendment, which is reflected in Government Resolution No. 354, is devoted to such housing and communal services as the provision of gas.

The latest changes to the wording of Government Decree 354 of the Russian Federation in 2020

If the services provided are of such poor quality that, as a result of consumption, damage has been caused to the health or lives of people. If the owner does not have metering devices, and he is not at the place where he owns the apartment for a long time, recalculation will be carried out according to the usual scheme.

When checking the condition of the metering devices, it may turn out that the metering device is in good condition, for example, the seals on it are not damaged, but its readings differ from those that the consumer submitted to calculate the cost of the utility service for the billing period preceding the inspection. After recalculation, it may turn out that the consumer did not pay for the service in full or, conversely, overpaid for it. In the first case, he may receive a requirement to pay an additional fee, and in the second, a notification of an overcharged fee.
We will talk about the most interesting issues for consumers of utility services that are resolved by the “Rules for the provision of housing and communal services”. Naturally, they are associated with the formation of the cost of utility services and the ability to recalculate in the event that these services were not provided or were of poor quality.

The government adopted a new resolution No. 354 of 05/06/2011, according to which it is possible to receive a recalculation for utilities under certain conditions. This resolution clearly states in which cases recalculation is possible, the procedure for recalculation, and a list has been approved necessary documents, there are clear formulations of what is included in poorly provided utilities, and so on. People do not always have time to track changes in current legislation, even those who understand the laws. Citizens pay attention to legal norms and, first of all, to utility bills, because this is the most significant part of the family budget.

According to the standard, the owner needs to know from what period a recalculation can be made. If there is a meter, in the first three months the fee is determined according to the average consumption rate. Further calculations take place according to the standards provided for in the corresponding region.

The Office of Rospotrebnadzor for the Tyumen Region informs about cases provided for by current legislation that establish the possibility of recalculating the amount of fees for utility services.

Water consumption is calculated according to the standards specified in the law. Of particular importance are the meter readings, which must be of proper quality and provide valid readings. If it shows incorrect values, recalculation may be refused.

If unauthorized interference with the operation of a meter located at the consumer is detected. If the inspectors officials the authorized organization (performer) will not be able to determine the date of the unauthorized connection, then additional fees will be charged starting from the date of the previous check of the meter.

The basis for the recalculation of utilities is provided for in Decree of the Government of the Russian Federation dated May 6, 2011 N 354. They are contained in various paragraphs of the Rules. Not in all cases we're talking about on recalculation in favor of the consumer. For example, clause 62 of the Rules talks about recalculation in favor of the resource supplying organization when the consumer interfered with the operation of the meters and distorted the readings, for example, using popular neodymium magnets. Let's give full list when recalculation is possible:

temporary absence of the consumer (more than 5 days, which is documented) in the occupied residential premises, where there is no technical possibility of installing metering devices (section 8 of the Russian Federation Regulations);
provision of utility services of inadequate quality and (or) with interruptions exceeding the established duration (section 9 of the RF PP);
change in the payment method for heating services (recalculation is made in the first quarter of the year following the year in which the payment method was changed (clause 42 of the RF Regulations);
underestimation of meter readings by the consumer, revealed by verification (clause 61 of the Russian Federation Regulations);
malfunction of the meter or damage to the seal after the verification period has expired (calculation is carried out according to the average monthly readings of the meter according to clause 59 of the RF PP, and after the expiration of the period specified in clause 59 to clause 60 of the RF PP - using standards, and if the consumer provided readings of such a metering device, the contractor carries out recalculation (sections 6.7 of the RF PP);
distortion of readings due to unauthorized interference in the operation of meters or connections (clause 62 of the Russian Federation Regulations);
use of residential premises by temporary residents in the absence of individual or apartment meters(see clauses 32, 56, 57 of the Russian Federation Regulations), in this case payment must be made by a permanently residing consumer

The state acts as a guarantor of the relationship between the contractor and the consumer, so that the citizen receives a recalculation for utility services. Between the indicators on the metering devices in the house and the meters in the owner’s apartment, a balance is established for the volume of costs of the needs of the house.

Situations in life are different. It happens that the residents of an apartment go on vacation, and the apartment is empty for some time. Or, for example, the only person living in the apartment goes on a business trip, ends up in the hospital, or goes to the country. In any case, the apartment has been empty for some time. And, if no measures are taken, then the bill for utilities that you did not use in your absence will need to be paid in full. A legal entity that provides housing and communal services will have to bear responsibility before the provisions of the law if it fails to fulfill its own obligations or if they are performed in bad faith.

Recalculation of payments for certain utility services provided during the period when the consumer was temporarily absent from the residential premises is carried out in the manner determined by the norms of domestic legislation.
There is a need to rent a plot for the construction of several non-permanent metal garage boxes in Nizhny Novgorod.

What is included in the ODN according to Decree 354 of the Government of the Russian Federation

In accordance with the tariffs determined in the Russian Federation, the contractor determines the cost of housing and communal services. The quality of services provided by providers must necessarily comply with the standards established by domestic legislation. If the consumer does not receive what he pays for, he has the right to demand compensation.

Thus, the Rules operating on the basis of Government Decree 354 of the Russian Federation dated May 6, 2011, as amended for 2020, specify and expand concepts that are given only in the Housing Code of the Russian Federation general view. In particular, the Housing Code of the Russian Federation deciphers only such concepts as “residential premises” and “management organization”.

Recalculation is done by submitting an application, which indicates where the citizen submitted it, possible reasons for filing, how much they paid before recalculation, when the testimony was last taken and other conditions.

The contractor has the right to draw up an act establishing the number of citizens temporarily residing in the residential premises in order to calculate the cost of services. If it is discovered that the procedure for connecting the consumer’s in-house equipment to the in-house engineering systems has been violated.

In addition, it cannot be ruled out that consumers suffered material damage as a result of using low-quality utility services. It may also turn out that the rights of individuals who use certain housing and communal services, regulated in the relevant agreement, were violated. As in previous cases, the performer will be considered guilty and will be punished.
If we take into account general house needs, then payment must be made in accordance with the current tariff plans. All comprehensive information on this issue can be obtained from the housing and communal services department. If the supply of electricity is interrupted for some time, mandatory recalculation will be carried out in accordance with established tariffs.

How is the ODN standard for electricity calculated and what is its size in 2020?

In extremely rare situations, it happens that due to the poor quality of services provided, the client’s well-being deteriorates, even to the point of death. In this case, the supplier will face criminal penalties.
If the contractor has violated the rules for providing sufficiently high-quality services, the consumer can count on being exempt from paying for them.
If the owner of residential property has meters, recalculation of utility services will be carried out automatically after providing information about new data in full compliance with the norms of current legislation.
From April 1, 2017, municipal resources are considered equal to wastewater, the withdrawal of which occurs according to centralized networks engineering and technical support (354th Decree of the Government of the Russian Federation with latest changes 2017).

At the same time, recalculation occurs only when the residential premises are not equipped with common or individual accounting(counters). Payments for general house needs, however, are not recalculated. They are calculated according to the tariffs and standards provided for in the corresponding region.
At the end of the heating season, the housing sector recalculates and either returns the money paid or makes adjustments to reverse side. Payment in excess of the norm is a common option when the owner does not send meter readings to government agencies for various reasons, so he is required to recalculate the next month.

If a consumer living in a residential premises that is not equipped with an individual or common (apartment) metering device due to the lack of technical ability to install it, is temporarily absent and does not live in the residential premises.

Another situation when it is possible to recalculate utility bills is the poor quality of provision of relevant services, or a delay in the timing of their provision (for example, heating should have been turned on on October 1, but was turned on only on October 3). In order to achieve recalculation, it is necessary to record the fact of violation and improper provision of utility services.

We bring to your attention the material of our expert on legislation in the field of housing and communal services and his practical application , dedicated to the method of obtaining a recalculation of payments for poor-quality water entering our apartments - we will first of all talk about insufficiently hot water in taps and various aspects of returning part of the money paid for it.

Each utility and housing service must be provided with high quality and in accordance with the standards established by the legislation of the Russian Federation. Deviation from the requirements of the law in this part is violation of the quality of housing and communal services.
In this article we will talk in detail about the requirements for the quality of hot water supply (DHW), how to record violations and how to ask for a recalculation for poor-quality service.
Often the hot water supply service is provided with poor quality; especially often, violations of the quality of hot water supply occur due to temperature conditions. This article will explain what requirements for hot water supply are established by law, how to identify and record violations of the quality of hot water supply and how to receive a recalculation for poor-quality service. The algorithm described in this article is also applicable to recording quality violations of other housing and utility services.

To successfully achieve the satisfaction of requirements for recalculation for poor-quality hot water supply services, you must:

Identify violations of the quality of housing and communal services;
Record a violation of the quality of housing and communal services in a certain manner established by law;
Contact the contractor (for example, in management company) for eliminating violations of the quality of housing and communal services;
Contact the State Housing Inspectorate with an application to conduct a quality inspection of housing and communal services;
Contact the contractor with a request to recalculate payments for poorly provided housing and communal services;
If the contractor’s requirements are not met, prepare a claim and go to court for a recalculation utility payments.

That is, you follow the procedure for recording and activating violations of the quality of utility services, notifying the organization providing housing and communal services, presenting your requirements, and only in this case do you have a chance of success in your application for recalculation of utility payments.

1. How to identify violations in the quality of housing and communal services for hot water supply?
The main legal acts establishing standards for the quality of public services for hot water supply, in our opinion, are

Decree of the Government of the Russian Federation dated 05/06/2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (hereinafter Resolution 354).
Federal Law “On Water Supply and Sanitation” No. 416-FZ dated December 7, 2011
Federal Law “On the Sanitary and Epidemiological Welfare of the Population No. 52-FZ of March 30, 1999

Resolution of the Chief State Doctor of the Russian Federation No. 20 dated 04/07/2009 “On approval of SanPin 2.1.4.2496-09 (together with SanPiN 2.1.4.2496-09 “ Hygienic requirements to ensure the safety of hot water supply systems. Amendment to SaePin 2.1.4..1974-01.Sanitary and epidemiological rules and regulations).

Here are the main indicators of hot water quality that are required by the legislator for this utility service.

Requirement

Permissible break duration and permissible deviations from the quality of the control system. Conditions and procedure for changing the amount of payment for quality violations
Hot water must be supplied uninterruptedly and around the clock. Interruption of hot water supply for a total of no more than 8 hours per month,
- 4 hours at a time,
- in case of an accident on a dead-end highway - 24 hours in a row;
- in connection with the production of annual repairs and preventative work in engineering and technical networks for providing hot water - in accordance with SanPiN 2.1.4.2496-09 Exceeding the interruption in the provision of hot water serves as the basis for a recalculation of 0.15% of the payment for the billing period for each subsequent hour of non-provision of hot water.
Ensuring that the hot water temperature at the point of water collection meets legal requirements (SanPiN 2.1.4.2496-09)

P.2.4. The temperature of hot water in water collection points, regardless of the heat supply system used, must be no lower than 60 °C and no higher than 75 °C. Deviation from the hot water temperature at the water collection point that meets the requirements for technical regulation is not allowed in accordance with the Decision of the Armed Forces of the Russian Federation dated May 31, 2013 No. AKPI13-394.

For every 3⁰C deviation from the permissible deviations in hot water temperature, the fee is reduced by 0.1 percent of the fee determined for the billing period for each hour of deviation from the permissible deviations.

For each hour of supply of hot water, the temperature of which at the point of collection is below 40⁰С, in total during the billing period, payment for consumed water is made at the tariff for cold water

If the pressure differs from the established one by more than 25 percent, the amount of the fee is reduced by the cost of the service accrued in total for each day of provision of low-quality utilities (regardless of meter readings)

2. How to correctly record a violation of the quality of public services?

Before determining the temperature of the hot water at the tap point, it is necessary to drain the hot water for no more than 3 minutes.

Having discovered that the contractor does not comply with the specified quality standards for hot water supply services, you must record this, and such recording occurs according to a strictly defined procedure, deviation from which may result in a refusal to recalculate the fee.

If the provider has discovered the provision of a low-quality service, he is obliged to inform the consumer within 24 hours about the reasons and expected duration of the violation of the quality of the CG.

If the fact of provision of a poor-quality service is discovered by the consumer, he notifies the emergency dispatch service of the contractor or another service specified by the contractor.

The consumer can make an application orally (for example, by telephone) or in writing; the application is subject to mandatory registration by the dispatch center. The consumer reports his last name, first name, patronymic, address of the premises in which the provision of poor-quality utility services was discovered, and the control room employee is obliged to provide information about the person who received such a message (i.e., full name), registration number of the message and the time of its registration.

If the reasons for providing a low-quality service are known to the contractor, he informs them to the consumer immediately, and a corresponding note is made in the message log. If the reason for the quality violation is unknown to the employee of the contractor’s control room, the quality of the service is checked. The inspection is scheduled no later than 2 hours from the moment the consumer reports a violation of the quality of the heating system, unless a different time is agreed upon with the tenant.

The most important part of the procedure is drawing up quality violation reports.

Situation 1: The contractor agrees with the consumer that there is a violation of the hot water supply. Organizes a service quality check, and the parties jointly draw up an act. Upon completion of the inspection, an inspection report is drawn up, which must indicate:

Date and time of the inspection,
identified violations of service quality parameters, for example, temperature violations (indicate the temperature).
methods (tools) used during the inspection to identify such violations,
conclusions about the date and time of the beginning of the quality control violation

The inspection report is drawn up according to the number of persons participating in the inspection, signed by such persons, 1 copy each goes to the consumer, the contractor and other interested parties participating in the inspection.

Situation 2: As often happens, the representative of the contractor avoids signing the inspection report; in this case, the act is signed by other participants in the inspection and at least 2 disinterested persons.
Advice: make a note on the act that the executor avoided signing the act.
Situation 3: During the inspection, the parties argue about whether there is a violation of the quality of the utility service.
In this case, there are two ways: either call a representative of the State Housing Inspectorate to conduct a repeat inspection or conduct an examination of the quality of the utility service;
1) Repeated inspection of the quality of utilities with the participation of representatives of the State Housing Inspectorate invited by the contractor, representatives of the public association of consumers. The inspection takes place in this order if none of the persons interested in the inspection initiated an examination of the quality of the utility service. The inspection report must indicate the date and time of the re-inspection. Thus, failure to fulfill your complaint and violation of your rights as a consumer is grounds for GZHI inspectors to conduct an unscheduled inspection.
2) An interested party may initiate an examination of the quality of a utility service.
How is quality assessment carried out? Any interested participant in the inspection has the right to initiate an examination of the quality of a utility service. The selection of a sample of a communal resource must be carried out or organized by the contractor.
What in this case must be reflected in the act? Who initiated the examination? interested participants of the inspection about the results of the examination.
The contractor is obliged to receive the conclusion containing the results of the examination and attach it to the inspection report and no later than 3 days from the date of receipt expert opinion give copies of it to all participants in the audit.

If an examination of the quality of CG is possible at the place where it is provided, the consumer, contractor, and other interested participants in the inspection determine the date and time of a re-inspection with the participation of an invited expert.
In this case, the act must reflect: the date and time of the re-inspection, who is the initiator of the examination, which participant in the examination will invite the expert and from which organization. The costs of conducting the examination are borne by the contractor, however, if the examination established that there was no violation of the quality of the control system, the consumer will reimburse the costs of its conduct.

Situation 4: The Contractor does not respond to requests, does not conduct an inspection, or it is impossible to notify him of the fact of a violation of the quality of the control system due to improper organization of the 24-hour emergency service.
The consumer has the right to draw up a certificate of quality control of the CG in the absence of the contractor. In this case, the act is signed by the chairman of the MKD council (chairman of the HOA, housing cooperative) and at least two consumers.
Tip 1: in writing, i.e. by registered mail with a notification of delivery or by telegram, notify the contractor about conducting a quality control check on the CG on a certain day, indicating that there is a violation of the quality of the CG.
Tip 2: In case of improper operation of the control room, draw up an appropriate report. It must be signed by the chairman of the MKD Council (chairman of the HOA, housing cooperative) and at least two consumers. After drawing up this paper, all acts of inspections in the absence of the performer will be considered legitimate.

Thus, in order to receive a recalculation of payments for low-quality housing and communal services, it is necessary to record violations of the quality of utility services in accordance with a clear procedure.

3. Within what time frame is the contractor (for example, a management organization) obliged to respond to your application and eliminate shortcomings in the quality of public services?

1. (General rule) Complaint about the quality of utility services
pp. “k” clause 31 of Resolution No. 354 Within 3 working days from the date of receipt of the complaint, the executor is obliged to send a response to satisfy the complaint or to refuse satisfaction, indicating the reasons for the refusal.
2. Application to find out the reasons for the violation of the quality of the utility service (for example, by calling the control room)
Clause 104 of Resolution No. 354 The Contractor must immediately inform the consumer about the reason for the violation of the quality of the CG, if he knows the reason, which is noted in the application log.
within 1 day, the contractor notifies the consumer of the reasons for the provision of low-quality utility services, if the reasons were previously unknown).
3. Application for inspection of the quality of a utility service (clause 108 of Resolution No. 354) within 2 hours, the contractor must agree on the time of inspection of the quality of a utility service with the consumer from the moment of receiving a message about the violation from the consumer (orally or in writing).

4. How long before you can request a recalculation of low-quality housing and communal services.
So, you have recorded violations and in order to contact the contractor for a recalculation of the fee, it is necessary to clearly define the period of such recalculation; for this it is necessary to determine the moment of the beginning of the violation of the quality of the service and the moment of resumption of the provision of high-quality service.
From what moment is it considered that a utility service is provided with a deviation from the standards?
1. When the contractor discovered a deviation from the quality of the utilities that he provides and independently noted in the logbook the facts of violations of the quality of public services;
2. When the consumer has discovered and reported to the emergency dispatch service about a violation of the quality of the CU, if during the inspection the fact is confirmed, including based on the results of the examination.
3. From the moment of the beginning of violations of the quality of CG, which were recorded by a collective (community), common (apartment), individual metering device or other measuring device, which is intended for these purposes and is used in accordance with the requirements of the legislation of the Russian Federation on the uniformity of measurements, if the specified devices capable of storing recorded information.
4. From the moment of confirmation during the inspection or during the examination, a violation of the quality of the utility service, if the contractor does not conduct an inspection or cannot be notified due to improper organization of the work of the control room. Advice: in this case, the procedure for drawing up the act must be given Special attention(see paragraph 2 Situation 4) .
At what point does the period of poor quality provision of public services end?
1. The contractor recorded in the registration log the date and time of the resumption of the provision of utility services to consumers specified by the contractor;
2. When the consumer called the dispatch service and reported that the provision of high-quality utility services had been resumed;
3. After drawing up a report on the results of the inspection based on the results of eliminating the causes of violation of the quality of public services (the date and time are indicated in the report).
4. From the date and time of resumption of the provision of utility services of adequate quality, which are recorded by a collective (community), common (apartment), individual metering device or other acceptable means of measurement, if these devices are capable of storing recorded information.
Thus, in order to receive a recalculation of low-quality utility services that are provided poorly, it is necessary to perform a number of actions, namely:
identify and properly record that the service is provided in deviation from the requirements of the law,
determine the period for which you will request recalculation,
calculate the amount of such recalculation,
make a demand to the contractor, i.e. person who provides utility services.

What additional evidence can confirm that the services provided were of poor quality?
To confirm the period for recalculating fees for low-quality housing and communal services, it is possible and necessary to provide the contractor with additional evidence that the services are provided in violation of the law. In particular, such evidence can serve not only as a log of requests to the control room and inspection reports, but also previously issued instructions from the Civil Housing Inspectorate, records of parameters of utility resources, and the like.
Having collected all the evidence, it is necessary to submit a request to eliminate violations in the quality of utility services, with a request to recalculate utility payments, since in cases of this category it is necessary to carry out a pre-trial settlement procedure (claim procedure).
The Consumer Rights Protection Law provides a number of advantages to the plaintiff: the choice of the court in which the claim will be heard, for example, you can file a claim at your place of residence (alternative jurisdiction), and not in general procedure(at the location of the defendant). Consumers are exempt from state duty for claims up to 1 million rubles, and if they apply for protection of rights to a consumer rights protection society (CPS), the consumer is exempt from state duty regardless of the amount of the claim, and in addition does not bear the cost of a power of attorney. OZPP has the right to represent consumers in court on the basis of a simple written application.

The editors of the portal about real estate and all aspects of a comfortable life in them, the site reminds that all materials from the pen of A. Kolesnikova, one of our regular authors, can be read at.

One of the most common violations of the rights of residents as consumers is reduced hot water supply parameters. For this, utility companies are obliged to comply.

The cost of hot water supply is determined in the following main ways:

If there is a water meter - by multiplying the established tariff by the number of cubic meters of water consumed based on the water meter readings.
With unmetered consumption, payment is the product of the standard consumption per consumer, the number of persons registered in the housing and the calculated tariff.

Full estimated cost is accrued upon quality provision of services. Such parameters are regulated by legal norms. According to SanPin 2.1.4.2496-09, the supplied hot water, at the place where it is received by the tenant, must comply temperature conditions within the range from 60 degrees to 75 maximum. Such conditions must be provided all year round.

There are minor changes in parameters depending on the time of day. So, during the daytime deviations are possible, but not more than 3 degrees. At night from 0 o'clock to 5 o'clock this deviation is no more than 5 degrees.

Actions when a temperature discrepancy is detected

To receive a refund for poor quality services, you must submit an application for recalculation under the hot water supply item. . The application is drawn up on the essence of the issue with a copy of the temperature measurement report attached. The reduction in payment is made directly for the period recorded in the act.

It is important to know how to correctly recalculate water supply. There are several types of calculations:

At DHW temperature below 40 degrees – the cost of a cubic meter of water is equal to the price per cubic meter of cold water.
At temperature parameters over 40 degrees and up to standard indicators, the calculation consists of a reduction of 0.1 percent of the payment for every 3 degrees from the norm.

The actions also differ depending on the presence of a metering device. By paying for the service according to the standard, the cost of hot water at low temperatures is reduced in the usual way using formulas. If there is a meter, recalculation of water supply depends on timely transmitted meter readings. If the meter readings have not been transferred to the management company for more than 6 months, then insisting on a refund or not charging excess amounts may be problematic.

The issue of revising payment for poor-quality services must be resolved in parallel with eliminating the reasons that led to this situation. The reason may be a malfunction engineering equipment. And fixing it can take a long time. Only persistence will help you return the opportunity to receive quality service.

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

Government Decree No. 354

Other legislation

Nuances and grounds for recalculating water consumption

If statements for 2020 were not submitted

If there are no meters

Recalculation for hot water of inadequate quality

Formula for recalculating hot water of inadequate quality

Example

Recalculation for hot water during planned shutdowns

How to write an application for recalculation

Statute of limitations for recalculating hot water

Application for recalculation of water by meters

Required supporting documents

Where to complain if a water recalculation is refused

Judicial practice on recalculation after verification of water meters

Recalculation of hot water according to Resolution 354 in case of temperature mismatch

Where to go for recalculation?

Terms for recalculation of utilities

The procedure for recalculating utilities

Rules for recalculation for hot and cold water with and without meters in 2020 - Resolution 354, formulas, sample statements in case of disconnection or inadequate quality of services

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

Government Decree No. 354

Other legislation

Nuances and grounds for recalculating water consumption

If statements for 2020 were not submitted

If there are no meters

Recalculation for hot water of inadequate quality

Formula for recalculating hot water of inadequate quality

Example

Recalculation for hot water during planned shutdowns

How to write an application for recalculation

Statute of limitations for recalculating hot water

Application for recalculation of water by meters

Required supporting documents

Where to complain if a water recalculation is refused

Judicial practice on recalculation after verification of water meters

Recalculation of Hot Water in 2020 According to Resolution 354

The latest changes to the wording of Government Decree 354 of the Russian Federation in 2020

What is included in the ODN according to Decree 354 of the Government of the Russian Federation

How is the ODN standard for electricity calculated and what is its size in 2020?

Requirement

Actions when a temperature discrepancy is detected

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