A citizen of the Russian Federation (each individual) is a consumer of state resources: water (for hot and cold), electricity, etc. The basis for access is an agreement concluded with an enterprise, in this case a utility company (it is also the contractor). The possibility of recalculation for the absence of such is guaranteed, a temporary restriction of access can be approved, etc. - the Housing Code regulates the process more specifically.
According to established standards 354 of the Government of the Russian Federation (regulates relations along with housing complexes), each citizen is given the opportunity and right to recalculate payments for services (in this case, utilities). The new edition and the latest changes to it provide the most comprehensive answers to all questions of interest to owners and simply users of premises/buildings (apartment buildings). The legal guarantor is the state itself, regardless of the city/region, for example, for Moscow it is the MOP.
with latest changes 2016
The creation of Resolution 354 of the Government of the Russian Federation dates back to 2011 (May-June). Just like other legislative acts, it requires the introduction of amendments that are relevant today (based on the reality in housing and communal services), which are made on an annual basis without reference to the period (can be introduced/planned for both January and May).
The new version of the law (latest changes) came into force in early January current year(were introduced at the very end of last 2015).
General household needs - to pay or not to pay according to Resolution 354
According to the latest changes, general house electricity needs are also affected by Government Decree No. 354 (clause 44). Now:
The coefficients of drainage standards have been revised (recalculation is being carried out);
the regulation on the installation of specialized meters was approved;
proposals to reduce these tariffs are being considered (reduction by approximately 10-15%);
measures are being taken to stimulate organizations/enterprises (housing and communal services) providing different kinds services (utilities) relevant for users of houses (apartment buildings), etc.
Changes in housing and communal services
354 Decree of the Government of the Russian Federation regulates consumer standards for resources and their subsequent payment for owners/users of premises (residential). The new edition clarifies when charges begin for the full package or a separate part of it for utility services. The latest changes clarify: the force of calculation begins to operate from the moment of entry into any premises or apartment building.
Calculation of the amount of payment for utility services - Resolution 354
354 Federal Law of the Government of the Russian Federation regulates the procedure for the distribution of accounts. There are also instructions there: every citizen (user of an apartment building) is obliged to provide meter readings to employees every month (payment must also be made monthly).
Heating recalculation
If we look in more detail at Federal Law 354 of the Government of the Russian Federation (new edition), it becomes clear that the tariffs for premises/apartment buildings are planned to be reduced (the size of the discount depends on the region). In the current version (latest changes), the procedure for paying for utility services has been significantly simplified, for example, payments for heat are now made according to a special system (simplified).
Payment for utilities
354 Decree of the Government of the Russian Federation on utility services (current edition, latest changes) includes a special appendix, which describes in detail recommendations on calculation standards (the formula for adjusting data (clause 44, paragraph 2), rules and regulations has been replaced). Measures to control use/consumption have been tightened, and in the current version special instructions regarding the installation of counting equipment (meters).
Decree 354 as last amended 2016 on public services
You can get acquainted with the current text upon request “354 Resolution of the Government of the Russian Federation on the recalculation/calculation of payments for services (utilities) for citizens” on our resource (website) or download in a convenient online mode and completely free of charge
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 discrepancies occur and they are identified, then 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 public 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 dedicated to the rules for providing utilities 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:
- 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.
- In a two-tariff regime, changes in payment are possible only in relation to the variable component. In relation to the constant component, introduced next condition: 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.
- 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;
- bills for staying in a hotel, 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 Rules 354, and cases in which this rule is not applicable.
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 (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 utility services for the previous inspection billing period, then the contractor is obliged to recalculate the amount of payment for utility services and 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 payment of an additional charge for the utility services provided to the consumer or a notice of the amount of payment for utilities services 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.
In this case, 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 contractor carried out the check».
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 taken by the contractor during the inspection of the meter being checked»;
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. Excess amounts paid 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, namely with “ volume of utility resource, which was presented by the consumer to the performer»;
2.2. This discrepancy was identified " 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»;
2.3. " The metering device 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 verification, literally establishes: “ checking the accuracy of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition", that is, we are talking 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 of 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 metering device 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 must 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 contractor 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 verification of the reliability of 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 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 “i” of paragraph 19 of Rules 354 states: “ 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 Rules 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, another period established by the agreement containing provisions on the provision of utility services, and (or) decisions general meeting owners of premises in an apartment building are 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, which caused a lot of controversy on the question of whether the service provider, having carried out an inspection on the basis of paragraph 84 of Rules 354, is obliged to recalculate the amount of payment for a utility service in accordance with paragraph 61 of Rules 354, since the actual volume of service consumed , determined from the readings of the device for the period of non-submission of readings, 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 Verification, the contractor is obliged to make a recalculation, however, it is necessary to note that the recalculation is made in the case “ 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 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 at 3 cubic meters (110-107);
- sends to the consumer, within the period 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), then there are 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 at 1 cubic meter (107-106);
- sends to the consumer, within the time limit established for payment for 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 in month N5 the contractor takes into account the overpaid volume of 1 cubic meter and the volume transferred by the consumer of 3 cubic meters (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 meter readings to the contractor, and the contractor began to make calculations based on the average monthly meter readings (), 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 specified 2 cubic meters will increase the volume of utility resources consumed in the maintenance of common property and will be a loss to the utility service provider.
conclusions
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.
Note: The analysis of paragraph 61 of Rules 354 was carried out at the request of Yugo-Zapadnoe LLC.
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The rules for the provision of utility services regulate in great detail the content and procedure for concluding an agreement for the maintenance of residential buildings, the provision and accounting of utility services. The main responsibility for activities in this direction rests with management companies. For each type of utility service, two payments are introduced: for consumption directly inside the apartment and for consumption for general house needs. Measures for the maintenance of common property include measures for energy saving, installation and reading of metering devices, as well as maintenance costs information systems according to accounting. These payments are entered on the payment receipt as a separate line. The resolution determines general order concluding an energy service agreement in residential buildings with payment for its results separately from payment for utilities.
On May 23, information was published on the approval of new Rules for the provision of utility services. New Rules have been introduced. With the entry into force of the new Rules, the Government Decree cancels Decree No. 307 of May 23, 2006 and introduces significant changes in Government Decrees No. 306 of May 23, 2006 and No. 491 of August 13, 2006. The new Rules are not introduced immediately, but 2 months after changes are made to the procedure for establishing and determining standards for the consumption of utility services in Government Decree No. 306 of May 23, 2006. The Russian Ministry of Regional Development has been instructed to prepare changes to this document within the next three months.
The rules for the provision of utility services regulate in great detail the content and procedure for concluding an agreement for the maintenance of residential buildings and the provision and accounting of utility services. The main responsibility for activities in this direction rests with management companies. In terms of concluding contracts, the Resolution quite strictly establishes the condition for the content of contracts: if the consumer has concluded an agreement with a management company that does not comply with the conditions of the new Rules, then the provisions of Government Resolution No. 354 of 05/06/2011 are considered the current norm.
For each type of utility service, two payments are introduced: for consumption directly inside the apartment and for consumption for general house needs. At the same time, a standard for the consumption of utilities for general house needs in an apartment building is being introduced. This will streamline calculations in cases where there is no collective metering device.
The liability of the defaulter has been tightened. Now, restrictions on the provision of utility services may occur not in 6 months, as now, but in 3 months.
Consumers are given the opportunity to enter into direct contracts with resource supply organizations for the provision of utility services.
Algorithms for payment for utility services have been completely revised, both in the presence of metering devices and in their absence. The norm when at the end of the year for consumers who have installed individual devices accounting, the entire annual imbalance of consumption was distributed across the apartment building.
The management company becomes the actual operator of meter readings and the organizer of their operation. The management company also becomes an intermediary in recording facts of violation of the quality of provided public services.
Measures for the maintenance of common property include measures for energy saving, installation and reading of metering devices, as well as the costs of maintaining accounting information systems. These payments are entered on the payment receipt as a separate line.
The resolution defines the general procedure for concluding an energy service agreement in residential buildings with payment for its results separately from payment for utilities. The form of the energy service agreement itself should be developed within the next 5 months by the Ministry of Regional Development and the Ministry of Economic Development.
In accordance with Article 157 Housing Code Russian Federation Government of the Russian Federation decides:
1. Approve the attached:
Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings;
changes that are being made to the resolutions of the Government of the Russian Federation on the provision of utility services.
2. Establish that the Rules approved by this resolution:
a) apply to relations arising from previously concluded agreements containing the conditions for the provision of public services, in terms of rights and obligations that arise after the entry into force of these Rules;
b) do not apply to relations that arise during the supply of gas to meet the municipal and domestic needs of citizens and the regulation of which is carried out in accordance with the Rules for the supply of gas to meet the municipal and domestic needs of citizens, approved by Decree of the Government of the Russian Federation of July 21, 2008 N 549 ;
c) come into force after 2 months from the date of entry into force of the changes that are made to the Rules for establishing and determining utility service consumption standards specified in paragraph four of subparagraph “b” of paragraph 4 of this resolution.
3. Establish that explanations on the application of the Rules approved by this resolution are given by the Ministry regional development Russian Federation.
4. To the Ministry of Regional Development of the Russian Federation:
a) within 2 months, submit, in agreement with the Ministry of Energy of the Russian Federation and with the participation of interested federal executive authorities, to the Government of the Russian Federation proposals for improving the Rules for the supply of gas to meet the household needs of citizens, approved by the Decree of the Government of the Russian Federation dated July 21, 2008 No. 549, and the main provisions for the functioning of retail markets electrical energy, approved by Decree of the Government of the Russian Federation of August 31, 2006 N 530;
b) within 3 months:
approve in agreement with Federal service according to tariffs, an approximate form of payment document for payment of fees for the maintenance and repair of residential premises and the provision of utilities, as well as guidelines by filling it out;
approve in agreement with the Federal Antimonopoly Service approximate conditions management agreement for an apartment building;
submit in agreement with the Ministry economic development Russian Federation and the Federal Tariff Service in in the prescribed manner to the Government of the Russian Federation a draft act on amendments to the Rules for establishing and determining standards for the consumption of utility services, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306, providing, among other things:
exclusion from the volumes of utility resources taken into account when determining standards for the consumption of utility services in residential premises, the volumes of utility resources provided for the maintenance of the common property of an apartment building, and regulatory technological losses communal resources;
the procedure for establishing standards for the consumption of utility services for general household needs;
the procedure for establishing standards for the consumption of utility services, with the exception of gas supply, when using land plot And outbuildings;
c) within a 5-month period, approve, in agreement with the Ministry of Economic Development of the Russian Federation, the approximate terms of an energy service agreement aimed at saving and (or) increasing the efficiency of consumption of utilities when using common property in an apartment building;
d) within 6 months, approve the criteria for presence (absence) technical feasibility installation of individual, common (apartment), collective (common house) metering devices, as well as the form of the inspection report to determine the presence (absence) of the technical possibility of installing such metering devices and the procedure for filling it out.
5. Recommend to authorities state power subjects of the Russian Federation to approve standards for the consumption of utilities in residential premises, standards for the consumption of utilities for general house needs, standards for the consumption of utilities when using a land plot and outbuildings no later than 2 months from the date of entry into force of the changes that are made to the Rules for the establishment and determination of standards consumption of utilities specified in paragraph four of subparagraph “b” of paragraph 4 of this resolution.
6. The following shall be declared invalid from the date of entry into force of the Rules approved by this resolution:
Decree of the Government of the Russian Federation of May 23, 2006 No. 307 “On the procedure for providing utility services to citizens” (Collected Legislation of the Russian Federation, 2006, No. 23, Art. 2501);
paragraph 3 of the Decree of the Government of the Russian Federation of July 21, 2008 N 549 “On the procedure for supplying gas to meet the household needs of citizens” (Collected Legislation of the Russian Federation, 2008, N 30, Art. 3635);
paragraph 5 of the changes that are made to the acts of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation dated July 29, 2010 N 580 “On amendments and invalidation of certain acts of the Government of the Russian Federation” (Collection of Legislation of the Russian Federation, 2010, N 31, Art. 4273).
Chairman of the Government
Russian Federation
V. Putin