P 42 rules 354. Government resolution on the provision of public services to owners and users of premises in apartment buildings and residential buildings

Clause 61 of the Provision Rules utilities owners and users of premises in apartment buildings And residential buildings, approved by the RF PP dated 05/06/2011 No. 354 (hereinafter referred to as Rules 354) provides for the obligation of the utility service provider to recalculate if, when checking the accuracy of information about the readings individual device accounting (hereinafter referred to as IPU), discrepancies were identified between the information provided by the consumer and the actual readings of the 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 Rules 354, the contractor has the right to conduct Inspections, but no more than once every 3 months if the meter is installed in a residential premises or household, and no more than once a month if the meter is installed in a non-residential indoors, as well as outside premises and households in a place to which the performer can have access 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.
If you have any suggestions for clarification current issues housing sector,
You can send relevant requests to AKATO at email address
If AKATO experts agree with the need to analyze the issues you propose,
a corresponding article will be prepared and published on the AKATO website.

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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 Government of 05/06/2011 No. 354 (hereinafter referred to as Rules 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 IPU) discrepancies were identified between the information provided by the consumer and the actual readings of the 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 (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 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 carried out an inspection, a requirement to make an additional charge for utility services provided to the consumer, or a notification of the amount of payment for utility 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.

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

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 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 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.”

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, reliability 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 owners of premises in an 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».

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.

Application of paragraph 61

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 cold water consumption indicator 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.

Example 2

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.

Inapplicability of paragraph 61

Example 1

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

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.

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.

P.S. The analysis of paragraph 61 of Rules 354 was carried out at the request of Yugo-Zapadnoye LLC. If you have suggestions for the need to clarify current issues in the 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.

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

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 provide answers as prescribed by 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.

Current edition with 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 the new version of the 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 ownership rights arise, 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. Housing Code provides that costs for water supply and other services for general household 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 electricity 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, volume hot water and the volume of costs for water supply and multiplied by the area of the apartment divided by the area of all apartments. Today you can download a free application that contains order 354, where there is a calculation form, adjustments and comments.

Relations between utility services and citizens are regulated by the rules for the provision of utility services by RF PP No. 354, as amended in 2017. Read about the basic rights and obligations of consumers and providers of housing and utility services, as well as disputes between the parties, in the article.

from the article you will learn:

Since 2011, the interaction between consumers of housing and communal services and those who provide them has been described in Government Decree No. 354 - the rules for the provision of utility services. This legislative act is subject to regular adjustments. Latest edition released September 9, 2017.

Rules for the provision of utility services according to RF PP No. 354

Until 2011, the relationship between consumers and utility companies was regulated by RF Regulation No. 307. With the entry into force of RF PP No. 354, many rules have changed. Among other things, the resolution contained the following innovations:

ODNs have been introduced, which often become the cause of disputes between citizens and management companies;
it became possible to check the quality of provided public services using expertise;
the debt period for disconnecting services was reduced from 6 to 3 months;
it became possible to pay for housing and communal services directly to resource workers;
consumers received the right to install meters in separate rooms (this is necessary mainly in communal apartments), and so on.

In general, the purpose of the document remains the same, although its volume has doubled. It is obvious that every year there are more and more nuances that need to be included in the rules for the provision of utility services. For this reason, changes appear in the resolution. Explanations prepared by specialists working in the housing and communal services sector will help you understand them.

What is included in the list of utilities?

Receiving utility services is one of the basic rights of a citizen of the Russian Federation, regardless of his place of residence. The required list of housing and utility services is supplied to homes on an ongoing basis throughout the year. The only exception is heating. Heat is supplied according to special regulations issued in each region depending on weather and climatic conditions.

The rules for the provision of public services allow the disconnection of all types of resources in case of repairs or emergencies. For such situations, the maximum permissible duration. It is calculated for the reporting period. If during this period the number and duration of utility outages exceeds established standards, then residents can formally file claims.

Let us list the types of public services that citizens should be provided with.

1. Electricity supply. Its submission is mandatory, and any interruption is considered an extreme situation and is eliminated as soon as possible. Electricity is supplied without interruption at any time of the day. Its power, according to the rules for the provision of public services, must meet the needs of residents.
2. Cold water supply. Cold water is supplied via a citywide or local network. If it turns off, delivery will be arranged. drinking water Walking distance to the pump. When supplying water, the following requirements are mandatory:
- compliance with sanitary standards;
- proper pressure;
- uninterrupted supply.
3. Hot water supply. Submission is carried out according to central water supply. In its absence, communal or in-apartment heating devices are used.
4. Sewage drainage. When water is supplied, its drainage is also arranged in parallel. The sewage system in a home includes a common pipe (riser) and pipes leading to it from each water collection point.
5. Heating. During the cold season, it is carried out around the clock. The rules for the provision of public services determine minimum temperature air that must be maintained in the home.
6. Gas. Houses are most often connected to gas supply using a main gas pipeline. If it is not available, then it is permissible to use gas from replaceable cylinders or specially equipped storage facilities for it.

The range of utilities depends on the level of home improvement and can vary significantly. If residents do not receive any resources, then the monthly payment for housing and communal services will be lower. All these points are specified in the contract with the service organization.

Changes in government resolution 354 for 2017-2018.

In 2017, the rules for the provision of utility services to citizens, defined in RF PP No. 354, once again received a number of changes. The adjustments concern the most pressing issues for consumers and utility companies. Here are a few important updates:

parking spaces began to be counted non-residential premises and individual real estate objects;
Utilities have the right to install control seals and other devices to monitor illegal interference in the operation of metering devices;
management companies may be fined for unreasonably inflated tariffs. This requires a consumer request.

The rules for the provision of public services 354 with changes can be found directly on our website. In the article you will find a link to the current edition of this document.

Payment for housing and communal services

Housing and communal services consumers are required to pay in full every month. Along with their responsibilities, citizens also receive a certain set of rights. Utilities must be of adequate quality. At improper execution the management company of its responsibilities, residents can terminate the contract with it and choose another organization.

In addition to the resources listed above, the consumption of which is monitored by meters or standards, residents pay for a number of other services. The receipt includes the following expenses:

for maintenance multi-storey building;
for execution overhaul;
for elevator maintenance (if available);
for the export of solid household waste;
for cleaning entrances, local area and so on common property;
to pay for intercoms.

According to the rules for the provision of utility services, all these expenses are calculated by the management company and included in the receipt. In some cases, it produces enough a large number of points that are not always possible to deal with the first time. At the same time, each number must have a justification. Any article is included in accordance with current tariffs and prices.

In the receipt, expense items are divided into personal, related to a specific apartment, and general household consumption. Many categories of citizens have benefits for paying for housing and communal services. They are indicated as justification for the application of the reduced tariff.

Rights and obligations of consumers and service providers

The rules for the provision of public utility services provide strict regulation of the legal relations between housing and communal services providers and their consumers. Chapters 4 and 5 are devoted to this.

The service organization, in accordance with its set of rights and responsibilities, should (may):

provide CU residents in a timely manner. It not only provides the resources specified in the contract with the consumer, but also services the area adjacent to the high-rise building, common and apartment premises;
accept requests for repairs and execute them, eliminate faults in a timely manner, and maintain the house in proper condition;
demand timely payment for services deadlines, charge penalties and fines for their violations. At the same time, the receipt must indicate the deadline within which the consumer needs to deposit money;
receive compensation from the state for beneficiaries who pay housing and communal services at reduced rates;
monitor compliance with operating rules utility networks And technical means;
check the meters installed in apartments, the state of communications;
have access to all premises.

In accordance with the rules for the provision of utility services, management companies themselves enter into contracts with housing and utility providers. Residents should receive notifications about emergency situations affecting them. Announcements about repairs, deadlines for eliminating accidents and other deviations are posted on boards accessible to all residents.

Consumers are assigned their rights and responsibilities. Including, they must (can):

receive services of the required quality in the required volume;
request a check of the calculations made and correction of any errors found;
receive acts and other legally binding documents that confirm damage from accidents for further compensation;
be sure to notify emergency services about force majeure situations;
make timely and full payments for received housing and utility services.

Rules for the provision of utility services warn consumers against various unauthorized actions. If they are detected, significant fines may be assessed.

Resolution of disputes between consumers and utility service providers

The main disputes in the housing and communal services sector are related to:

late payments by consumers;
residents committing illegal actions (interfering with the work of meters, damaging common property, and so on);
erroneous calculation of payment for CG;
failure of the service organization to fulfill its obligations.

According to the rules for the provision of utility services, the management company can deal with defaulters with penalties and shutdown of supplied resources. Contractual debtors can be accommodated and provided with installment plans to pay off the debt. Misconduct are punishable by fines. They can be imposed and collected, including by court.

If consumers have a complaint, they turn first of all to the management company. Most violations are resolved this way. In addition to the Criminal Code itself, controversial situations can be considered:

municipal administration;
housing inspection;
Rospotrebnadzor;
the prosecutor's office;
court.

Attached files

Rules for the provision of utility services to citizens according to RF PP No. 354.doc

P 42 rules 354. Government resolution on the provision of public services to owners and users of premises in apartment buildings and residential buildings - Rossiyskaya Gazeta

What does paragraph 61 of Rule 354 establish?

Cases of inspections

Failure by the consumer to provide IPU evidence

Application of paragraph 61

Example 1

Example 2

Inapplicability of paragraph 61

Example 1

Example 2

conclusions

with latest changes 2016

General household needs - to pay or not to pay according to Resolution 354

Changes in housing and communal services

Calculation of the amount of payment for utility services - Resolution 354

Heating recalculation

Payment for utilities

Decree 354 as last amended 2016 on public services

Decree 354 as last amended 2016,

About utilities

For heating

For electricity

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

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

Rules for the provision of utility services according to RF PP No. 354

What is included in the list of utilities?

Changes in government resolution 354 for 2017-2018.

Payment for housing and communal services

Rights and obligations of consumers and service providers

Resolution of disputes between consumers and utility service providers

Attached files