Housing inspectors began to check the presence of common house meters in the MKD. Readers write to us about it. If the ODPU is not found, they issue orders to establish it or fine it. Why all of a sudden?
The fact is that from August 6, 2017, supervision over the installation of ODPU within the framework of energy saving was transferred to the GZhI from the Federal Antimonopoly Service of Russia. And if its employees checked documents rather than basements, and fined resource workers, now the situation has changed. Housing inspectors come and write prescriptions to those they are used to - UO and housing associations.
We figured out how the changes will affect your work, and we will tell you:
- why it is beneficial for organizations managing MKD to establish an ODPU;
- who and how decides on the installation of the ODPU;
- how to finance the installation of an ODPU;
- what to do if the owners are inactive;
- who is responsible.
At the end of the article, there are three arguments for the GZhI in favor of the fact that you cannot, on your own initiative, equip houses with ODPU and are not responsible for their absence.
Why is it beneficial for organizations managing MKD to install common house meters in 2017
Without metering devices, calculations are made according to the standards for the consumption of utility resources and the cost is higher.
In August, two additional reasons appeared to equip MKD not only with a metering device, but also with an automated information and measuring system for metering the consumption of communal resources and utilities.
First reason. Now you can install such a system at the expense of the fund overhaul, if the subject of the Russian Federation includes this possibility in the list of services and works for the overhaul of common property in the MKD. This is provided for by Part 2 of Art. 166 ZhK RF.
Table. Comparison of ways to equip MKD with metering devices
The second reason. If the MKD is equipped with an automated information-measuring accounting system with the ability to take readings at once, then the fee for the KR at the SDI must be calculated based on the readings of this accounting system. The owners will not have to meet at a general meeting and make a separate decision on this issue. Read more about the new procedure for paying for CR on SDI in the article "Nine news about paying for utility resources for the maintenance of common property."
Who and how decides on the installation of ODPU
You, on your own initiative and at your own expense, cannot put up an ODPU. Let's explain.
At the end of the 2000s, the government planned to equip all MKDs with metering devices. The deadline was set for July 1, 2013. Resource-supplying organizations (RSO) were connected to this process - they were obliged to engage in the installation of ODPU at the request of those who wish. And now, for seven years now, the mechanism for installing the ODPU by the RNO and at the expense of the owners of the premises in the MKD has been working. But while the former do not do this, and the latter do not finance, your debt for consumed communal resources is growing.
So, the decision to install the ODPU is made by the general meeting of the owners of the premises in the MKD. This is due to the fact that the ODPU is included in the common property in the MKD.
The general meeting chooses the method of installing the ODPU in the MKD:
- on their own (by the organization managing the MKD and the contractor);
- by the RSO.
In the first case, the owners "throw off", and you buy a meter and organize its installation. We recommend doing just that - it's fast and reliable.
In the second case, the owners decide to apply to the RSO for the installation of the ODPU, and you prepare the necessary package of documents, submit an application. It is important to remind the owners that the ODPU will be installed, albeit by the forces of the North Ossetia, but at their expense.
Picture. An example of the content of the minutes of the general meeting in the MKD on equipping the MKD with a common house heat energy meter
Who pays for the installation of metering devices
You are not obliged to equip the MKD ODPU at your own expense. There are three sources of funding for this project:
- target funds of owners of premises in MKD;
- means of capital repair fund;
- budgetary funds of the regional or municipal level.
In the table, we compared the advantages and disadvantages different ways equipment of MKD ODPU.
Who chooses the method of payment for the installation of common house meters
We recommend taking the initiative in your own hands. Find out from the owners which payment mechanism for installation is preferable. In life, the owners are not passionate about equipping the house with metering devices, and you will have to do all the organizational work.
You can initiate a general meeting in the MKD and include on the agenda the issue of equipping the MKD with common house metering devices for consumed communal resources. The approximate content of such a protocol is shown in the figure.
January 1, 2019 -
Until this date, the North Ossetia of Crimea and Sevastopol are obliged to send proposals for the installation of an
If you are a managing organization and work under an MKD management agreement or another agreement with the owners of premises in an MKD, you can initiate a general meeting at any time. This is provided for by Part 7 of Art. 45 LCD RF. The housing association does not have such powers, but there is an "emergency exit". Homeowners associations, housing cooperatives, housing cooperatives must hold a general meeting in the MKD if they receive a corresponding application from the owners (part 6 of article 45 of the RF Housing Code). Make a statement-request, let it be signed by the members of the board of the housing association (the owners of the premises in the MKD). Then collect the signatures of other owners - all you need is 10% of the votes of the total number of votes of the owners in the MKD. Collected signatures - prepare a general meeting.
Who bears administrative responsibility for the non-installation of common house metering devices
Based on the results of the inspection, the housing inspectorate may fine RSO. So it was before. It is important that a fine can be issued not for the absence of a particular meter, but for a refusal to install it. Administrative responsibility Part 12 of Art. 9.16 of the Code of Administrative Offenses of the Russian Federation and for a legal entity is from 50 to 100 thousand rubles.
RSOs can be fined only in cases where there was an application to establish an ODPU that was not fulfilled for some subjective reasons.
In any case, you are an improper defendant under Part 12 of Art. 9.16 of the Code of Administrative Offenses of the Russian Federation. If the owners did not show initiative, you did not submit an application to the RSO, and, as a result, there is no ODPU in the house, then there is no one to fine.
The inspectors found a loophole and refer to Part 4 of Art. 12 of the Federal Law of November 23, 2009 No. 261-FZ. This part of the law states that the person responsible for the maintenance of the MKD is obliged to carry out energy saving measures included in the approved regional list of such measures in relation to the common property in the MKD. Owners are required to bear the costs of these activities. It turns out that if the regional list includes equipping MKD with metering devices, then you are obliged to do this. Required, but in accordance with housing legislation. And it requires the decision of the general meeting of the owners of the premises. And let us recall that administrative responsibility is provided only for persons supplying utility resources, that is, for the RNO.
Reference
Under what conditions RSO establish ODPU
The procedure for concluding an agreement with RSO for the installation of ODPU and essential conditions The contracts were approved by Order No. 149 of April 7, 2010 of the Ministry of Energy of Russia.
The main terms of the contract for the installation of a metering device, concluded with the RSO, are established by paragraph 9 of Art. 13 of Federal Law No. 261-FZ.
The contract must include required condition on the procedure for paying the price of the contract:
- at the same time;
- in equal installments over 5 years;
- with a shorter grace period.
If you pay for the installation of the ODPU in full in installments, the price of the contract is fixed and is determined as the total value of the price of the device, its installation and interest for the installment payment period at the refinancing rate of the Central Bank of the Russian Federation.
With a one-time payment, the price of the contract is fixed and is determined as the total value of the price of the device and its installation.
P.S. three arguments for the housing inspector
We have prepared for you three arguments that we recommend that the housing inspector voice.
- The decision to install metering devices for communal resources in the MKD is within the competence of the general meeting of owners of premises in the MKD, since the ODPU is included in the common property (part 1, article 36, article 44 of the RF LC).
- You can submit an application to the RNO for equipping the house with an ODPU only by decision of the general meeting of the owners of the premises in the MKD.
- Administrative responsibility for refusing to equip MKD with metering devices for communal resources is provided only for the Republic of North Ossetia (part 12 of article 19.16 of the Code of Administrative Offenses of the Russian Federation).
In response to the housing inspector's order to install common house meters, we recommend initiating a general meeting to resolve this issue.
General house meters of all utility resources, including heat energy for heating and hot water, should be established at the expense of ALL OWNERS, in shares in proportion to the area of the apartment (apartments) belonging to each owner. Who should install common house meters? The decision on this is made by the general meeting of home owners. Your right is to choose the type of meter, its cost, a reliable installation company that will install it for a reasonable fee and give you an appropriate guarantee. If you do not do it yourself, then from July 1, 2012, the resource supply organization (Vodokanal, Teploenergo, etc.) or the UK for a subsequent payment, which will certainly not be lower than if you yourself choose the installation company. Payment by residents of this installation can be made with payment by installments of up to 5 years.
Who is required to install common house meters
- 1 Main legislative provisions
- 2 Who should pay for the installation
- 3 The procedure for making decisions on the installation of meters and payment for work
- 4 Nuances of payment for the installation of ODPU
- 5 Features of the procedure
Basic legislative provisions The legislation of the Russian Federation requires apartment owners to equip their houses with common house metering devices. Photo No. 1 Absolutely any sphere of life of a citizen of the Russian Federation is regulated by the relevant legislative act.
Important
With regard to the procedure for installing the ODPU, in legal terms it is not so complicated, but filled with a considerable number of nuances. Considering this topic under different angle, it may be necessary to refer to some Federal laws and the Housing Code of the Russian Federation (LC RF).
Who should install common house heat meters?
Here is what is said about this in the Federal Law of the Russian Federation of November 23, 2009 N 261-FZ "On energy saving and energy efficiency improvement ...": "...5.
Until July 1, 2012, the owners of premises in multi-apartment buildings put into operation on the day this Federal Law enters into force are OBLIGED TO PROVIDE equipping such houses with metering devices used for water, natural gas, thermal energy, electrical energy, as well as the commissioning of installed metering devices. At the same time apartment buildings within the specified period, they must be equipped with collective (common house) metering devices for used water, thermal energy, electric energy, as well as individual and common (for a communal apartment) metering devices for used water, natural gas, electric energy. ... .. 12.
Installation of common house meters
Attention
This type of flowmeter is very sensitive to the presence of suspended solids in the coolant, creates hydraulic resistance to flow, therefore it is rarely used as general house heating meters. Ultrasonic meters are more expensive, but more reliable in operation and determine the flow more accurately.
The device does not require frequent maintenance, does not create resistance, but it needs a certain space (a straight section of a set length in front of and behind it). If the pipeline does not flow completely pure water, then the measurement error increases. Electromagnetic meters also react to the quality of the supplied water, but very little, they do not require direct measuring sections. Such metering devices are mainly used in apartment buildings as collective ones.
Who should pay for the installation of common house meters - from and to
Info
In the total consumption of heat energy, the part that falls on your residential premises is calculated, then it is multiplied by the established tariff. The formula for calculating heating according to a common house meter is as follows: P \u003d Q total * S / S total * T, where:
- Q total - the amount of heat consumed according to the readings of the metering device in Gcal.
- S total - the area of \u200b\u200ball residential, free and office premises in the house in square meters.
m.
It is worth noting that the recalculation for heating according to the general house meter should be carried out in any case based on the average temperature regime for the heating season.
General building meters for heating in apartment buildings
The task should be performed by the organization supplying heat to residential buildings, and they are also responsible for maintaining and calibrating heat meters until the residents organize their own association of co-owners. Important! The organization assumes the main amount of the cost of equipment and its installation, however, in the future, these costs will be compensated by collecting from residents additional funds during several years. Installation of a common building meter for heating You can get information about the possibility of installing metering devices in your management company or at the design office. But you need to take into account the fact that the installation of such equipment is associated with a decision organizational issues– owners of some apartments can refuse additional expenses.
The nuances of payment for the installation of ODPU How to pay for the installation of ODPU? Photo No. 4 When deciding to install an ODPU, it is necessary to take into account some of the nuances of payment for installation work. More precisely, they are the following:
- Payment for work is carried out from all owners of an apartment building in an equal amount.
- At the suggestion of the BEET or the company that allocates resources to a particular house, residents can pay for the work in installments.
- The term for which tenants must pay installments has a maximum limit of 60 months. More precisely, it is established in the relevant contract.
- An installment plan can also be issued when installing a meter in a private house.
- In some situations, additional fees for all residents of an apartment building can be avoided.
The need to install a heat meter The fact is that since the summer of 2012 throughout the territory Russian Federation the installation of heating meters has become mandatory, however, the amount of payment will only become lower after a number of measures are completed, such as:
- High-quality insulation of the building.
- Full glazing of the house.
- Replacement wooden windows on metal-plastic.
- Insulation of the facade of the house with a "fur coat" made of mineral wool or polystyrene foam.
Residents who use district heating services need to understand that regardless of whether they consider the installation of meters profitable or not, this does not affect the need for their installation, since, in accordance with federal law No. 261, apartment buildings must be equipped with meters in without fail.
Whose responsibility is it to install common house heat meters
But as practice shows, not all owners of premises were ready to bear such expenses, because installing a meter on one of the types of communal resource can cost about 100,000 rubles today. In addition, before installing a common house metering device, it is necessary to conduct a survey of the condition engineering systems in the house for losses, and if necessary, repair or additional insulation of water and heating pipes in order to avoid unnecessary leakage.
The decision to install common house metering devices is made on general meeting owners of premises. Here, an estimate is approved with the cost, scope of work and payment procedure, and an organization is selected that is ready to carry out such work.
When metering devices are installed, they must be put into operation or, in other words, put on commercial accounting.
The property owners in apartment building are responsible for the maintenance of all common property in such a house. Accordingly, the installation of new equipment, including common house meters, which is mandatory in accordance with the Federal Law of the Russian Federation of November 23, 2009 No.
N 261-FZ “On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation” (hereinafter referred to as the Federal Law), falls on the shoulders of the owners of the premises. Metering devices for all types of communal resources: cold, hot water supply, heating, electricity and gas supply had to be installed before 07/01/2012.
Reading time: 7 minutes
Heating is one of the most expensive items on your utility bill. The calculation is based on standards and tariffs - indicators established in accordance with the legislation of the Russian Federation by the executive authorities of the subject in the region state regulation prices. Also, the payment structure may include the volume of heat energy consumption in the event that a common house heat meter is installed in an apartment building. Let's find out in which cases installation is required, how to do it correctly and how residents will benefit.
Appointment of a common house meter for heating
After housing code determined what is the property of the tenants, their area of responsibility has expanded significantly. Responsibilities for the maintenance and service of common house property fell on the shoulders of apartment owners.
Since it is impossible to refuse to pay for common house needs, it makes sense to reduce the cost of heating residential and non-residential premises and pay only for the heat actually received.
To measure the amount of energy consumed, a common house heat meter (ODPU) is installed. By paying for heating in an apartment building by the meter, you will be able to control energy consumption and keep track of expenses. This is not the only purpose of the ODPU installation.
Another goal pursued is to encourage residents to save heat outside own apartments and take good care of common property.
If the doors and windows in the entrance are tightly closed, the heat will remain, and the residents will receive the service in full.
It should be mentioned right away that the ODPU itself does not save anything. This is just a metering device that provides more accurate data for determining the final amount of payment for heating than the standards.
Installing a common house heat meter is legal
For the first time, general house meters were discussed back in 2009, when Federal Law No. 261-FZ “On Energy Saving and Increasing Energy Efficiency” was issued. In the original version, the law prescribed the mandatory installation of an ODPU in high-rise buildings until January 1, 2012. Later this period was extended several times.
The last change in the deadline until January 1, 2019 and until January 1, 2021 (for Crimea and Sevastopol) was enshrined in Federal Law N196-FZ of 07/26/2017.
Thus, the law on common building meters for heating unequivocally confirms the need for their installation in apartment buildings. An exception is allowed only for dilapidated, emergency and demolished houses, as well as objects on which the installation of a meter is technically impossible due to a mismatch of parameters engineering network device installation conditions.
Procedure for installing a collective heat meter
Reconciliation of readings of a common house heat meter
To calculate monthly payments, accurate and timely readings are needed, which are taken from the common house meter. In accordance with Decree of the Government of the Russian Federation No. 354 dated 05/06/2011, the utility service provider is responsible for accounting for heat energy, which may be:
- Management Company;
- resource organization.
Results
The Energy Saving Law obliges residents apartment buildings install at your own expense common appliances accounting for thermal energy, with the exception of houses that do not meet technical capabilities.
Both the UK and the RSO take part in the installation procedure of the ODPU, the former organizes, and the latter is responsible for the installation of the device. In case of failure to fulfill their obligations, companies will be fined, and residents will receive a receipt for payment for heating with a multiplier. Time will tell how expedient the compulsory installation of collective meters is, but the effect of the use of ODPU is undeniable: heating costs are reduced by up to 30%.
Lawyer. Member of the Chamber of Advocates of St. Petersburg. Experience more than 10 years. Graduated from St. Petersburg State University. I specialize in civil, family, housing, land law.