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

Decree 354 as last amended 2016,

Regulations from the Russian government on public utilities were created in June 2011. After this, amendments were required to the law, so every year in April, March, July, May, mid-June and other months, new project with changes. Russian law for this period is in force according to the latest amendments. It is worth examining this law before considering amendments.

Federal law in resolution 354 contains the following sections:

• Providing services that the user and owner of the premises will receive;
• The condition and main order of how the service is provided;
• Metering devices and fee calculation;
• Recalculation and accrual for heating, electricity, water;
• Question about cancellation of services;
• An application containing calculation rules, as well as the formula and tariff standard;
• Changes made to the act.

The current edition with the latest changes has some amendments in accordance with the current situation in housing and communal services. As of December 2015, it was necessary to approve amendments that will come into force in 2016. The federation also made changes to the government’s vision of this document in September, April, at the end of January and other months. Many portals, such as consultant plus, pay attention to the text of this provision, so it is worth considering each part of it in the latest edition. on different types services.

About utilities

Regulation number 354 regulates the consumption of housing and communal services resources for owners and users of residential apartments or non-residential premises. IN new edition law Russian Federation Contains consumption standards and fees for them. For example, the document explains when the power of payment for a utility package begins. Entry into force begins at the moment of ownership rights, from the day the lease for the premises is concluded, from the day of renting and entry into the apartment building. Arbitrage practice confirms the guarantor of compliance with Resolution 354 throughout the Russian Federation, including the Moscow region, Kirov and Perm.

For heating

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

For electricity

This subparagraph defines the procedure for the supply and distribution of electricity. voltage standards, the period that is possible due to a temporary lack of energy, line checking and energy saving are indicated. During the year there is a limit on the time of absence. The edition contains requirements for line voltage according to GOST.

General house needs, Resolution 354: to pay or not to pay?

Many people ask whether they need to pay or not pay the general house bill. The Housing Code provides that costs for water supply and other services for general house needs will be included evenly in each individual receipt. This payment is important in relation to the provision of utility services, so everyone pays receipts.

Recalculation for heating using a common house meter according to Resolution 354, calculation formula

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

All conscious citizens are interested in the current rules for determining the amount of payments for public utilities currently installed.

Therefore, in accordance with the provisions of Resolution 354, important significant nuances can be determined and certain answers can be given regarding the legality of certain actions.

Every citizen of the Russian Federation is considered a consumer of real state resources. The basis for the provision of such resources is considered to be an agreement concluded with public utilities.

In accordance with the Law under consideration, all citizens of the Russian Federation have the opportunity to exercise recalculation of payments for the provision of utilities. The updated edition and the additions developed to it provide comprehensive information for owners and ordinary users of residential premises regarding possible situations that may arise. In legal relations, the state itself acts as a guarantor.

What is covered in this law

The signing of the Resolution was carried out in June 2011. Similar to other existing legislative acts, this Resolution indeed requires the definition of several very significant amendments, which are formulated on an ongoing basis without specific reference to any period.

In accordance with the latest changes introduced, the general household needs of citizens for the supply of electricity are also considered in this regulatory act.

We invite you to pay attention to changes, relevant today:

In the decision under consideration are clearly regulated approved standards for consumption and further payment of various resources by owners or ordinary users of residential premises. The updated version will provide clarifications at a certain period, more specifically, when the accrual for a full package of services is carried out.

Decree No. 354 explains in detail not only operating rules and procedure for depositing funds funds as payment for territorial services utility organizations and housing and communal services, but is also considered a specially developed project, the current provisions of which must be complied with. The procedure for fulfilling the conditions and additional documentation must be provided in the appendix to the resolution.

From September next year carried out planned distribution in relation to a specific performer. Starting from 2016, citizens are exempt from the obligation to regularly provide readings from measuring instruments that record utility consumption. After making certain adjustments to the resolution under consideration, a simplified payment scheme for heat comes into effect.

If we consider question of general house needs, then the current resolution specifies a scheme for revising the coefficients of the current rules for wastewater disposal. A procedure is also provided for equipping systems that ensure the satisfaction of general house needs with measuring instruments. The President of the Russian Federation signed an order, according to which the established tariffs should be reduced by approximately 10-15%, taking into account the specific region of residence.

IN issues of recalculation regarding heating residential premises this year the established tariffs were adjusted. In this situation, citizens can expect a reduction in the cost of certain services by approximately 15%. Regarding the provision of public services, a new section has been added that describes the rules for supplying heat to apartment buildings. Starting this year, the corresponding decision of the Government came into force.

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.

Responsibility of the parties

On performer responsibility is assigned to domestic legislation in the following situations:

If the contractor has violated the rules for providing sufficiently high-quality services, the consumer can count on being exempt from paying for them. Also the consumer in similar situation Maybe demand a penalty to the extent provided legislative framework RF.

The performer may expect to be exempt from liability for the provision of poor-quality utility services in a situation where the deterioration occurred due to insurmountable circumstances or as a result of the actions of the consumer himself. Insurmountable obstacles are not related to violations of obligations by contractors of the approved contractor, lack of necessary funds to ensure the quality of services provided.

Regardless of whether any agreement has been concluded between the contractor and the consumer, compensation for damage as a result, the provision of insufficiently high-quality public services is still provided for by law. If certain damage has been caused to the life or health of the consumer, compensation is provided within the next 10 years from the date of provision of insufficient quality service. The maximum period for filing a lawsuit to consider the fact of damage caused to the consumer is 3 years.

If the contractor providing services, for certain reasons, causes damage to the health or property of the consumer, the latter must draw up a corresponding act in several copies (one for each party to the agreement, if one was signed). If a consumer has incurred certain expenses in order to restore a violated right due to the fault of public utilities, he can count on their subsequent reimbursement.

Recalculation procedure

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.

For such services not applicable heating the room.

Recalculation available in a situation where there are no metering devices in the residential premises, the installation of which is impossible for technical reasons. If it is not possible to confirm the lack of real technical feasibility of installing meters, or in a situation where faulty meters are not repaired in accordance with the prescribed instructions, the recalculation procedure will not be carried out. Utilities provided for general house needs are not subject to any recalculation in the absence of a consumer in the residential premises.

Recalculation of payment volumes for provided utility services is carried out taking into account the number of calendar days that fall during the absence of the consumer in the residential premises. The date of departure and arrival is not included in the total number of days of absence. Recalculation is traditionally performed by the contractor within the next 5 business days from the date of receipt of notification from the consumer in the form of a signed application.

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.

Latest Key Changes

Resolution No. 354 regulates certain requirements for payment documentation, for example, invoices, rent receipts.

The main change is considered to be the need strict indication of the size of one(general house needs) in certain places of the issued payment document.

The new rules also indicate the need for preliminary adoption of appropriate measures by the owner who has installed non-working measuring device . A report indicating that the meters are not functioning properly is drawn up in advance. The organization involved in the installation or repair of measuring devices can be chosen arbitrarily by the utility consumer. On the first days of each month, accruals are made in accordance with the meter readings.

Here are the latest changes, introduced by the Government of the Russian Federation in Resolution No. 354, which are worth paying attention to:

1. All charges for general house needs (sewage, heating, electrical energy, cold and hot water) are now classified as housing and are included in the expense item for residential premises.
2. When calculating general house expenses, a formula is now used that determines the balance between the readings of metering devices for common house and apartment devices. In the absence of meters installed on the house, the amount of common house deductions is determined based on the square footage of the apartment and the total area of ​​common property (calculated proportionally).
3. Standards have been introduced that should be applied when calculating general household expenses. After the start of their use, all excesses will be paid at the expense of the HOA or management companies.
4. If the apartment owner is temporarily absent, then recalculation of energy costs will be carried out only if gas and water meters are available in the premises. Otherwise, the owner will need to document the fact of his absence, after which he will be recalculated.
5. If no one is registered in the apartment, then deductions for housing and communal services are calculated depending on the number of owners.

This legislative act is described in the following video lecture:

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

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

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

However, the legislation also defines time periods for conducting repair work, and also takes into account unforeseen emergency situations. In these cases, time limits are provided for repairs and elimination of the accident.

When public utilities provide poor quality services throughout the year, that is, the number of outages exceeds the value provided for by law, then residents have the legal right to file a formal claim or complaint against unscrupulous “utility providers.” This is stated in the law on the protection of the rights of consumers of housing and communal services.

The mandatory list of services that utility structures must provide includes the following items:

The range of utility services directly depends on the comfort and availability of certain engineering networks specific residential building.

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

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

The sections you should pay attention to are:

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

The latest edition of the Russian government resolution has clarified the description of non-residential premises. To specify the status of the premises and payment for the corresponding category, you need to contact new version legislation. All disputes between homeowners and housing companies regarding the maintenance and payment for non-residential premises can be resolved in court.

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

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

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

The rules by which payments for utility services must be made are described in Chapter 6 of the Federal Law. Each homeowner must pay in full for utility services provided to him. However, in addition to the obligation, every citizen is also entitled to check the validity of the charges. The quality of the services provided and their compliance with standards are also taken into account. If Management Company inflates tariffs and performs its obligations poorly, residents have the right to change it to another by terminating and renewing the contract.

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

• service directly to the house itself;
• major renovation of the building;
• keeping the yard clean;
• elevator maintenance;
• keeping common rooms, stairs and elevators clean;
• waste removal and maintenance of general communications.

All figures included in the “fat” are calculated by the service office specialists on a monthly basis. There are many items included in the rent, for which they must be justified and correspond to the tariff units valid for the current date.

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

• private;
• common house

If the tenant has some benefits in paying for utilities, then the category of benefits and the reasons for the tariff reduction must be indicated.

Clause 54 of the new Rules stipulates the calculation of fees for heating and hot water supply services, if the contractor wishes to make the calculation independently.

When drawing up an agreement for the provision of utility services, all conditions, obligations and responsibilities of the parties should be taken into account. If any condition is omitted conflict situation will be permitted based on legislative norms and rules. The main document for drawing up an agreement for the supply of services is paragraph 124 of the Rules.

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

• declare in writing your desire to enter into contractual obligations for the provision of services and attach all the required documents;
• obtain a preliminary draft contract from the service provider and correct disagreements on points, if any;
• draw up an additional agreement on the absence of claims and the elimination of disagreements;
• endorse a contract for the provision of services.

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

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

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

To execute the described contract, the service provider must submit the following package of mandatory documents:

If there are inaccuracies in the documentation provided or an incomplete package of papers is provided, the service provider must notify the consumer of this fact no later than 5 working days

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

As for the organization of the utility service provider, its rights and obligations are given in Articles 31.32 of the Federal Law:

The housing company has the right to choose a direct service provider independently, as well as to enter into a contractual relationship with him. In the event of planning repairs, accidents or other disruptions in the supply of services, the company must notify residents by means of an announcement in specially designated areas. Legislation supports owners and tenants in the fight against unscrupulous service providers in such a way as consumer protection.

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

Upon receipt of a complaint, not only must appropriate measures be taken by the company's managers, but also a written response about this must be issued within a period of three working days. This is stated in Art. 31 of current legislation.

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

According to Article 35, the tenant does not have legal rights carry out actions prohibited to him, for this the state provides for heavy fines.

According to Article 309 of the Civil Code of Russia, all obligations must be fulfilled properly in accordance with contractual terms and current legislation. The parties do not have the right to individually change the terms of the contract, as well as not to fulfill their obligations.

For a one-time failure to pay the amount, according to Resolution 354, amended from January 1, 2017 as amended, the legislation does not provide for any liability.

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

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

However, in parallel, sanctions were tightened for those citizens who deliberately do not pay for utility services.

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

To date, the rates are distributed as follows:

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

However, the government does not stop at the amount of penalties for willful defaulters, since bona fide residents suffer through their fault. In the future, the amount of the penalty is planned to increase.

The housing user should know the following about the procedure for providing utility services.

The main responsibility for non-payment of utility bills lies directly with the apartment owner himself, as opposed to the users of municipal housing.

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

If there is a regular lack of monthly payments for services provided, representatives of the housing and communal services sector can:

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

The last method is the most inconvenient and costly for both parties, therefore, whenever possible, utility services try to resolve the issue peacefully.

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

If the court decides in favor of the utilities, they will be required to repay the debt in full.

Recalculation for utilities occurs on the basis of adopted legislation. If the owner has metering devices, recalculation occurs automatically when information about new data is received. In the absence of appliances during the temporary absence of the owner and all residents of the apartment, recalculation is made according to the developed scheme.

What is recalculation

Recalculation is a new calculation of the consumer's payment for utilities. If any errors or irregularities occur and they are identified, the management company or housing and communal services will compensate for the overpayment. But most often recalculation is done, because owners in many cases pay not according to the actual consumption of any resource, but according to the standard.

What does it mean? If the owner installs metering devices in a house or apartment, this means that now he will pay not according to the standard, but according to the water actually consumed (electricity, gas). But sometimes failures occur, as in the following cases. For example, heating fees are always paid according to the standard.

The standard is defined as 1/12 of last year's consumption per year. And every month we pay a fixed fee (since last year). At the end heating season in those apartment buildings where communal meters are installed, housing and communal services recalculate and the overpayment is returned to the consumer. There are also adjustments in the opposite direction.

But the most common types of overpayments are private. The model of the situation is most often this: the apartment owner does not send meter readings. This happens for both objective and subjective reasons.

For example, forgetfulness or family vacation may be the reason why the apartment owner temporarily does not transmit the data from his meter. In this case, the next month after the property owner resumes data transfer, he will be recalculated.

Legal acts

The recalculation has completely legal grounds. In 2011, the government of the Russian Federation adopted the well-known Resolution number 354. All sections of this legal act are devoted to the rules for the provision of public services to the population.

In 2017, further changes were adopted and, one can say, how recalculations are currently being made. The situation with the change in fees is reflected in paragraph VIII. The name also reflects some features: recalculation in the absence of consumers.

Here we consider only the aspect that concerns residential premises without meters. Everything is clear with the meters; recalculation will be done automatically when the next data from the metering devices is downloaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

Every citizen, owner or tenant of residential premises, is a consumer according to this document. He and his family consume government resources provided by various organizations or companies. In order to have a basis for the relationship, an agreement is concluded between the organization and the consumer of services.

The guarantor of the relationship between the contractor and the consumer is the state and laws. In accordance with Resolution No. 354, all citizens have the right to recalculation of utility bills. Therefore, the new edition describes in detail the procedure for recalculation in different situations.

What is included in Decree No. 354

What's included:

• updated coefficients that determine drainage standards;
• the procedure for installing measuring instruments has been worked out in detail;
• with the help of the Resolution, the motive for installing a meter is strengthened;
• a simplified heating payment scheme has been introduced;
• since 2016, it has become optional to provide information from meters;
• in the event of a temporary absence of electricity or other services, payment for it will not be charged;
• the order of fulfillment of the listed conditions.

A special place is given to the responsibility of the performer to consumers and laws in the following cases:

• poor quality of services;
• damage to life and health due to poor quality services;
• failure of the consumer to receive reliable information on the quality of services;
• the terms of the agreement are violated.

If these conditions are violated, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether an agreement was concluded between the contractor and the consumer, the contractor will still compensate for damages in case of provision of poor-quality services.

Here are some points discussed in the Resolution:

1. Payment for general house needs is not subject to recalculation. This refers to the case when the owner was absent and the living space was temporarily empty.
2. In a two-tariff regime, changes in payment are possible only in relation to the variable component. With regard to the constant component, the following condition has been introduced: if its recalculation is established by law, then after the temporary absence of a citizen it is carried out within 5 working days. All days of absence are counted except the days of departure and arrival.
3. Recalculation is made only if an application is submitted and documents are provided that confirm the duration of absence. The request must be submitted before departure or no more than a month after arrival.

The following are accepted as documents confirming absence:

• a copy of the travel document with travel documents attached;
• document on treatment in a hospital or sanatorium;
• travel tickets issued in the name of the consumer, as well as the fact of their use;
• hotel bills, rented apartment, hostel;
• document issued by the FMS on temporary registration;
• other documents that can confirm the fact of the consumer’s absence.

The main advantage of this document is its transparency and simplicity of presentation of all requirements. After its revisions, it became much easier for the performer and the consumer to regulate their relationships.

Video about fee recalculation

Main distinctive features The resolution and its amendments are aimed at the widespread installation of devices. Therefore, owners of apartments with meters have a clear advantage in cases of, for example, temporary absence.

Clause 61 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by the RF PP dated May 6, 2011 No. 354 (hereinafter referred to as Rule 354) provides for the obligation of the utility service provider to recalculate if, when checking the accuracy of information about the readings of an individual meter (hereinafter referred to as the IMU), discrepancies are identified between the information provided by the consumer and the actual readings IPU. In this article we will analyze cases in which recalculation is carried out in accordance with paragraph 61 of Rule 354, and cases in which this rule is not applicable, writes acato.ru.

What does paragraph 61 of Rule 354 establish?

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

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

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

From the given norm it follows:

1. Recalculation of fees for utility services is carried out in compliance with a number of requirements:

1.1. “The amount of the fee must be recalculated based on the readings of the meter being checked that were taken by the contractor during the inspection”;

1.2. “The contractor is obliged ... to send to the consumer, within the deadlines established for payment of utilities for the billing period in which the contractor carried out the inspection, a request for an additional charge for the utility services provided to the consumer or a notification of the amount of the utility fee overcharged to the consumer. Amounts overpaid by the consumer are subject to offset when paying for future billing periods”;

1.3. “The volume (quantity) of a utility resource in the amount of the identified difference in readings is considered consumed by the consumer during the billing period in which the contractor carried out the check,” “unless the consumer proves otherwise.”

2. Recalculation is made when a number of circumstances arise:

2.1. “There are discrepancies between the readings of the meter being checked (distributors) and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service.” It is important to note that the norm directly indicates a discrepancy between the actual readings of the device not with the standard volume of consumption, not with the average monthly volume, not with some information received by the contractor from other sources (predicted, calculated, taken by analogy, from the words of neighbors, etc. ) and not with the readings of previous billing periods, but with the “volume of communal resource, which was presented by the consumer to the performer";

2.2. The specified discrepancy was identified “during the contractor’s verification of the reliability of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition”;

2.3. “The meter is in good condition, including the seals on it are not damaged.”

Cases of inspections

Since paragraph 61 of Rules 354 establishes that the discrepancy between the readings of the meter being checked and the volume of consumption provided to the contractor by the consumer is established during the inspection, we will indicate what kind of inspection we are talking about and in what cases such an inspection is carried out.

The analyzed norm, in terms of describing the nature of the check, literally establishes: “checking the reliability of information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition,” that is we're talking about about three verification options:

1. checking the accuracy of the information provided by the consumer about the readings of individual, common (apartment), room metering devices;

2. checking the condition of individual, common (apartment), room metering devices;

3. checking the reliability of information provided by the consumer about the readings of individual, common (apartment), room metering devices and checking the condition of individual, common (apartment), room metering devices.

It should be noted that when conducting a check for the purpose of applying paragraph 61 of Rules 354, in any case a third type check is necessary (a comprehensive check of both the instrument readings and its condition), since the performer, by virtue of the requirements of paragraph 61 of Rules 354, must establish that “the device meter is in good condition, including the seals on it are not damaged,” that is, when checking only the reliability of information about the readings of the device, in any case, it is necessary to check its condition, and when checking only the condition of the device to assess the reliability of its readings, these readings needs to be checked. Thus, a textual structure that allows three types of checks to be considered separately seems completely unnecessary, although legally no violation is discerned.

Consequently, in this article we will talk about a comprehensive check of both the readings of the meter and its condition (hereinafter referred to as Check).

According to subparagraph “g” of paragraph 31, the contractor is obliged to carry out Inspections, however, this norm does not establish the timing and frequency of such Inspections.

Clause 82 of Rule 354 confirms the above rule:

"82. The performer is obliged:

a) carry out checks of the condition of installed and put into operation individual, common (apartment), room metering devices and distributors, the fact of their presence or absence;

b) carry out checks of the reliability of the information provided by consumers about the readings of individual, common (apartment), room metering devices and distributors by comparing them with the readings of the corresponding metering device at the time of verification (in cases where the readings of such metering devices and distributors are taken by consumers).”

Clause 83 of Rule 354 sets limits on the frequency of Inspections:

"83. The checks specified in paragraph 82 of these Rules must be carried out by the contractor at least once a year, and if the metering devices being checked are located in the consumer’s residential premises, then no more than once every 3 months.”

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

The above standards do not establish specific deadlines for conducting Inspections, but only establish restrictions. Some regulations establish more specific deadlines for conducting Inspections in individual cases.

For example, according to subparagraph “k(4)” of paragraph 33 of Rule 354, the consumer has the right to demand verification from the contractor. The Contractor, in accordance with subparagraph “e(2)” of paragraph 31 of Rule 354, is obliged to carry out an inspection at the request of the consumer within 10 days after receiving such a statement.

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

Failure by the consumer to provide IPU evidence

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

Previously, an article was published on the AKATO website “ Calculation in case of failure to provide evidence of the operating conditions", which caused a lot of controversy on the issue of whether the service provider, having carried out an inspection on the basis of paragraph 84 of Rules 354, recalculate the amount of payment for utility services in accordance with paragraph 61 of Rules 354, since the actual volume of service consumed, determined by the readings of the device for the period of non-provision indications does not coincide with the volume presented for payment for the specified period, calculated according to the average monthly volume and/or consumption standard.

Let's analyze this issue.

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

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

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

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

Application of paragraph 61

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

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

Example 1

Let the contractor check the consumer's metering device on the first day of month N1 and determine that the readings of the consumption IPU cold water are 100 cubic meters. In month N2, the consumer provided meter readings of 102 cubic meters, the contractor submitted for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer reported to the contractor the readings of 105 cubic meters of water, the contractor submitted for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer reported to the contractor a reading of 107 cubic meters of water, the contractor submitted for payment the consumption of 2 cubic meters of water for month N3. In the same month N4, the contractor carried out an inspection of the metering device and found that the transmitted readings of the metering device were unreliable, but in fact the device at the time of the inspection showed 110 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:

Sets the volume of discrepancy to 3 cubic meters (110-107);

Sends to the consumer, within the deadline established for payment for the volume of water for the month N4, a request to make an additional charge in the amount of the cost of 3 cubic meters of water;

If the consumer in month N5 provided instrument readings in the amount of 112 cubic meters, then the contractor in month N5 presents for payment for month N4 the identified discrepancy in the volume of 3 cubic meters and the volume transferred by the consumer of 2 cubic meters (112-110), that is only 5 cubic meters.

On a monthly basis, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 5 cubic meters, total - 12 cubic meters. Exactly 12 cubic meters is the difference between the meter readings at the time of the Check in month N1 (100 cubic meters) and the meter readings transmitted by the consumer in month N5 (112 cubic meters).

Example 2

Suppose that in the above Example 1, the performer, when conducting an Inspection in month N4, established that the actual readings of the IPU are 106 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:

Sets the volume of discrepancy to 1 cubic meter (107-106);

Sends to the consumer, within the period established for payment of the volume of water for the month N4, a notification of the amount of the overcharged consumer for water in the amount of 1 cubic meter;

If the consumer in month N5 provided instrument readings in the amount of 109 cubic meters, then the contractor in month N5 takes into account the overpaid volume of 1 cubic meter and the volume of 3 cubic meters transferred by the consumer (109-106), that is, only 2 cubic meters.

On a monthly basis, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 2 cubic meters, total - 9 cubic meters. It is 9 cubic meters that makes up the difference between the meter readings at the time of the Check in month N1 (100 cubic meters) and the meter readings transmitted by the consumer in month N5 (109 cubic meters).

Inapplicability of paragraph 61

Example 1

The contractor presented to the consumer for payment in the month N5 for the month N4 a volume of 3 cubic meters, in the month N6 for the month N5 - 3 cubic meters and in the month N7 for the month N6 - 3 cubic meters. In month 7, the contractor carried out an inspection and found that the meter readings were 15 cubic meters. The contractor defines these readings as the initial readings of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and recalculation in accordance with paragraph 61 of Rules 354 is possible only if the unreliability of the readings of the IPU is revealed.

Despite the fact that, according to the IPU readings, the consumer consumed 15 cubic meters (15-0) for 6 months, he was presented for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually paid for the 3 cubic meters he did not consume, but this is the procedure established by the current legislation.

Example 2

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

Then the consumer stopped transmitting the meter readings to the contractor, and the contractor began to make calculations based on the average monthly meter readings ( subparagraph “b” of paragraph 59 of Rules 354), which for three months amounted to (9-0)/3−3 cubic meters

The contractor presented to the consumer for payment in the month N5 for the month N4 a volume of 3 cubic meters, in the month N6 for the month N5 - 3 cubic meters and in the month N7 for the month N6 - 3 cubic meters. In month 7, the contractor carried out an inspection and found that the meter readings were 20 cubic meters. The contractor determines these readings as the initial readings of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and recalculation in accordance with paragraph 61 of Rules 354 is possible only if unreliability is detected transferred by the consumer to the contractor IPU readings.

Despite the fact that, according to the IPU readings, the consumer consumed 20 cubic meters (20-0) for 6 months, he was presented for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually consumed 2 cubic meters of water more than he paid for, but this is exactly the order established by current legislation. The indicated 2 cubic meters will increase the volume of utility resources consumed during maintenance common property, and will be a loss to the utility service provider.

conclusions

Clause 61 of Rule 354 establishes that the contractor is obliged to recalculate if, during the process of checking the reliability of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good condition, in including the seals on it are not damaged, but there are discrepancies between the readings of the metering device (distributors) being checked and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service for the billing period preceding the inspection.

This rule is applicable only if the consumer has provided the contractor with unreliable information about the meter readings, but is not applicable if the consumer has not provided the contractor with the IPU readings at all.

P.S. The analysis of paragraph 61 of Rules 354 was carried out at the request of Yugo-Zapadnoe LLC. If you have any suggestions for clarification current issues housing sector, you can send relevant requests to AKATO by email [email protected]. If AKATO experts agree with the need to analyze the issues you propose, the corresponding article will be prepared and published on the AKATO website.