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P 42 1 of the rules 354. Recalculation for utilities according to the law

Paragraph 61 of the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings, approved by the Government of the Russian Federation of 06.05.2011 No. 354 (hereinafter referred to as Rules 354) provides for the obligation of the utility service provider to recalculate if, when checking the reliability of information about the readings of an individual meter (hereinafter referred to as IPU), discrepancies are revealed between the information provided by the consumer, and actual IPU readings. IN this article Let's analyze the cases in which the recalculation is carried out in accordance with paragraph 61 of Rule 354, and the cases in which the specified rule is not applicable., writes acato.ru.

What does paragraph 61 of Rule 354 state?

To quote paragraph 61 of Rule 354: “61. If during the verification of the reliability of information provided by the consumer about the readings of individual, general (apartment), room meters and (or) verification of their condition by the contractor, it is established by the contractor that the meter is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the meter being checked (distributors) and the amount of the communal resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of the utility service fee for the billing period preceding the check, then the contractor is obliged to recalculate the amount of the utility service fee and send it to the consumer within the time limits established for payment of utility services for the billing period in which the contractor conducted the audit, the requirement to make additional charges for the provided consumer public Utilities or notification of the amount of utility charges overcharged to the consumer. Excessive amounts paid by the consumer are subject to offset when paying for future billing periods.

The recalculation of the amount of the fee must be made on the basis of the testimony of the metering device being checked, taken by the contractor during the verification.

At the same time, unless the consumer proves otherwise, the volume (quantity) of the communal resource in the amount of the identified difference in the readings is considered to be consumed by the consumer during the billing period in which the contractor conducted the check.

From the above rule it follows:

1. The recalculation of payment for a utility service is carried out in compliance with a number of requirements:

1.1. “The recalculation of the amount of the fee must be made on the basis of the testimony of the meter being checked taken by the contractor during the verification”;

1.2. “The contractor is obliged ... to send to the consumer, within the time limits established for payment of utilities for the billing period in which the contractor conducted the check, a demand for additional charges for utilities provided to the consumer or a notice of the amount of utility fees overcharged to the consumer. Excessive amounts paid by the consumer are subject to offset when paying for future billing periods”;

1.3. “The volume (quantity) of the communal resource in the amount of the revealed difference in the readings is considered to be consumed by the consumer during the billing period in which the contractor conducted the check”, “unless the consumer proves otherwise.”

2. Recalculation is made in the event of a number of circumstances:

2.1. "There are discrepancies between the readings of the checked meter (distributors) and the volume of the communal 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 the discrepancy between the actual readings of the device not with the normative volume of consumption, not with the average monthly volume, not with some information received by the performer 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 the communal resource that was submitted by the consumer performer";

2.2. The specified discrepancy was revealed “in the course of the verification of the reliability of the information provided by the consumer on the indications of individual, common (apartment), room metering devices and (or) verification of their condition” carried out by the contractor;

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

Inspection cases

Since paragraph 61 of Rule 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 check, we will indicate what kind of check we are talking about and in what cases such a check is carried out.

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

1. verification of the reliability of information provided by the consumer about the readings of individual, general (apartment), room metering devices;

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

3. verification of the reliability of information provided by the consumer about the readings of individual, general (apartment), room metering devices and checking the status of individual, general (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 readings of the device and its condition), since the performer, by virtue of the requirements of paragraph 61 of Rules 354, must establish that “the device accounting 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 construction that allows considering three types of checks separately seems to be absolutely redundant, although legally no violation is seen.

Therefore, 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 Checks, however, this rule does not establish the timing and frequency of such Checks.

Paragraph 82 of Rule 354 confirms the above rule:

"82. The contractor is obliged:

a) check the condition of installed and commissioned individual, common (apartment), room metering devices and distributors, the fact of their presence or absence;

b) to verify the reliability of information provided by consumers about the readings of individual, general (apartment), room metering devices and distributors by comparing them with the readings of the corresponding metering device at the time of the check (in cases where the readings of such metering devices and distributors are carried out by consumers)”.

Section 83 of Rule 354 sets limits on the frequency of Checks:

“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 living quarters, then no more than once every 3 months.

Subparagraph “d” of paragraph 32 of Rules 354 partially duplicates paragraph 83 and additionally establishes restrictions on the frequency of Checks for 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 Checks, but not more than 1 time in 3 months if the meter is installed in a residential area or household, and not more than 1 time per month if the meter is installed in a non-residential indoors, as well as outside the premises and households in a place, the access of the performer to which can be carried out without the presence of the consumer. At the same time, according to subparagraph “g” of paragraph 34 of Rules 354, the consumer is obliged to allow the contractor to the occupied residential premises or household for Checking at a time agreed in advance in the manner specified in paragraph 85 of Rules 354, but not more often than 1 time in 3 months.

The above norms do not establish specific terms 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 Rules 354, the consumer has the right to demand Checks from the contractor. The Contractor, in accordance with subparagraph "e (2)" of paragraph 31 of Rule 354, is obliged to carry out the Verification at the request of the consumer within 10 days after receiving such an application.

The parties to the agreement containing the provisions on the provision of public services, i.e. the contractor and consumers of public services, are vested with the right and obligation to determine specific deadlines for conducting inspections. Subparagraph “i” of paragraph 19 of Rule 354 establishes: “The contract containing provisions on the provision of public services should include: the frequency and procedure for the contractor to check the presence or absence of individual, common (apartment), room meters, distributors and their technical condition, reliability information provided by the consumer about the readings of such metering devices and distributors.

Non-submission of IPU readings by the consumer

Another case of verification 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 common (apartment) meter for 6 months in a row, the contractor no later than 15 days from the expiration date of the specified 6-month period, another period, established by an agreement containing provisions on the provision of public services, and (or) decisions general meeting owners of premises in an apartment building, is obliged to carry out the verification specified in paragraph 82 of these Rules and take readings from the meter.

Previously, an article was published on the AKATO website “ Calculation in the event of failure to provide evidence of the GTC”, which caused a lot of controversy on the issue of whether the service provider, having carried out the Verification on the basis of paragraph 84 of Rule 354, recalculates the amount of the utility service fee in accordance with paragraph 61 of Rule 354, since the volume of service actually 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 question.

Paragraph 84 indeed obliges to carry out a Check after 6 months of non-submission by the consumer of information about the readings of the meter. Paragraph 61 indeed establishes that, based on the results of the Check, the contractor is obliged to make a recalculation, however, it should be noted that the recalculation is carried out if “if during the verification of the reliability of the information provided by the consumer about the readings of individual, general (apartment), room meters and ( or) checking their condition by the contractor, it will be established 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 checked metering device (distributors) and the volume of the communal resource that was presented by the consumer to the contractor».

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

Therefore, it is precisely in the event that the consumer does not provide information about the readings of the metering device, clause 61 of Rules 354 is not applicable.

At the same time, paragraph 84 of Rules 354 obliges the contractor, when conducting the Check, after a 6-month period of non-submission of meter readings by the consumer, to take readings of this meter. However, not a single rule indicates that the contractor is obliged to apply the testimony taken when determining the amount of the recalculation, including the use of the testimony taken by the contractor is not provided about and paragraph 61 of Rule 354.

Application of paragraph 61

Based on the foregoing, paragraph 61 of Rules 354 applies only if, during the Check, the fact that the consumer transmitted unreliable meter readings was revealed during the Check. Such a Check can be carried out either at the initiative of the contractor (subparagraph "g" of paragraph 31, subparagraph "d" of paragraph 32, paragraph 82 of Rule 354), or at the initiative of the consumer (subparagraph "f (2)" of paragraph 31 and subparagraph "k (4 )" of paragraph 33 of Rules 354), or in accordance with the approved contract for the provision of public services in the manner and frequency (subparagraph "i" of paragraph 19 of Rules 354).

Consider examples of the application of paragraph 61 of Rule 354.

Example 1

Let the contractor check the consumer metering device on the first day of the month N1 and establish that the readings of the IPU of consumption cold water are 100 cubic meters. In month N2, the consumer submitted meter readings of 102 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer informed the executor of IPU readings of 105 cubic meters, the executor presented for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer informed the executor of IPU readings of 107 cubic meters, the executor presented for payment the consumption of 2 cubic meters of water for month N3. In the same month, N4, the contractor conducted a Check of the meter and found that the transmitted readings of the meter are unreliable, and in fact the device at the time of the Check shows 110 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:

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

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

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

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

Example 2

Let the performer in the above Example 1, during the Check in month N4, establish 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 discrepancy volume to 1 cubic meter (107-106);

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

If the consumer in the month N5 transmitted the readings of the device in the amount of 109 cubic meters, then the contractor in the month N5 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 readings of the meter at the time of the Check in month N1 (100 cubic meters) and the readings of the device 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 the 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 conducted a Check and found that the readings of the meter are 15 cubic meters. The performer 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 Rule 354 is possible only if the IPU readings are found to be unreliable.

Despite the fact that, according to the testimony of the IPU, for 6 months the consumer consumed 15 cubic meters (15-0), he was presented with 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 3 cubic meters not consumed by him, but this is exactly the procedure established by the current legislation.

Example 2

Let the executor take into account the IPI of the consumer from the first day of the month N1 and establish that the indications of the IPI of cold water consumption are 0 cubic meters. In month N2, the consumer submitted meter readings of 2 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer informed the executor of IPU readings of 5 cubic meters, the executor presented for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer informed the contractor of IPU readings of 9 cubic meters, the contractor presented for payment the consumption of 4 cubic meters of water for month N3.

Further, the consumer stopped transmitting the meter readings to the contractor, and the contractor began to calculate according to the average monthly readings of the meter ( subparagraph "b" of paragraph 59 of Rule 354), which in 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 the 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 conducted a Check and found that the meter reading was 20 cubic meters. The performer 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 Rule 354 is possible only if unreliability is detected transferred by the consumer to the contractor IPU readings.

Despite the fact that according to the testimony of the IPU for 6 months, the consumer consumed 20 cubic meters (20-0), he was presented with 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 procedure established by the current legislation. The indicated 2 cubic meters will increase the amount of communal resources consumed in the maintenance of common property, and will be a loss for the utility services provider.

conclusions

Paragraph 61 of Rule 354 establishes that the contractor is obliged to recalculate if, during the verification of the reliability of information provided by the consumer about the readings of individual, general (apartment), room meters and (or) checking their condition by the contractor, it is established 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 checked metering device (distributors) and the volume of the communal 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 verification.

The specified norm is applicable only if the consumer provided the contractor with false information about the readings of the meter, but is not applicable if the consumer did not report the IPU readings to the contractor at all.

P.S. The analysis of paragraph 61 of Rules 354 was carried out at the request of Yugo-Zapadnoye LLC. If you have any suggestions for clarification topical issues housing sector, you can send relevant appeals to AKATO at email address [email protected] If the AKATO experts agree with the need to analyze the questions you proposed, the relevant 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 a contractor). The provision of the possibility of recalculation for the absence of such is guaranteed, they can approve a temporary restriction of access, etc. - more specifically, the process is regulated by the Housing Code.

According to the established standards 354 of the Decree of the Government of the Russian Federation (governs relations along with LCD), each citizen is given the opportunity and the 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 the owners and users of premises / houses (multi-apartment) to all questions of interest. Guarantor in legal relation the state itself, regardless of the city / region, for example, for Moscow it is the MOP.

with latest changes 2016

The creation of Decree 354 of the Government of the Russian Federation dates back to 2011 (May-June). As well as other legislative acts, it requires the introduction of current amendments (based on reality in the housing and communal services), which are made on an annual basis without reference to a period (they can be introduced / planned both for January and May).

The new version of the law (the latest changes) entered into force at the beginning of January of this year (they were introduced at the very end of the past 2015).

Common house needs - to pay or not to pay according to decree 354

According to the latest changes, the general house needs for electricity were also affected by Decree of the Government of the Russian Federation No. 354 (paragraph 44). Now:

The coefficients of drainage standards have been revised (recalculation is in progress);
approved the regulation on the installation of specialized meters;
proposals are being considered to reduce these tariffs (approximately 10-15% reduction);
measures are being taken to stimulate organizations / enterprises (housing and communal services) that provide different kinds services (utilities) relevant for users of houses (multi-apartment), 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 accrual for full package or a separate part of it for public services. The latest changes explain: the power of calculation begins to operate from the moment you enter any room or apartment building.

Calculation of the amount of payment for utilities - 354 resolution

354 of the Federal Law of the Government of the Russian Federation regulates the procedure for distributing accounts. There are also instructions there: every citizen (user of an apartment building) is obliged to submit meter readings to employees every month (payment must also be made monthly).

Recalculation for heating

If we consider in more detail 354 of the Federal Law of the Government of the Russian Federation (new edition), it becomes clear that it is planned to reduce tariffs for premises / apartment buildings (the amount of the discount depends on the region). In the current version (last 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 The Decree of the Government of the Russian Federation on communal services (current version, latest amendments) includes a special appendix, which describes in detail recommendations on calculation standards (replaced data adjustment formula (paragraph 44, paragraph 2), rules and regulations). Measures to control use/consumption have been tightened, and as amended by the current special instructions regarding the installation of counting equipment (meters).

Decree 354 with the latest changes 2016 on utilities

You can get acquainted with the current text on the request "354 Decree of the Government of the Russian Federation on the recalculation / calculation of payments for services (utilities) for citizens" on our resource (website) or download it in a convenient online mode and completely free of charge

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

What is recalculation

Recalculation is a newly made calculation of the consumer's payment for utilities. If any errors or overlays have occurred, and they are identified, then the management company or housing and communal services will compensate for the overpayment made. But most often the recalculation is done, because in many cases the owners 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 actually consumed water (electricity, gas). But sometimes failures occur, as in the following cases. For example, for heating, payment is always made 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 of the heating season in those apartment buildings where common house meters are installed, the 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 situation model is most often this: the owner of the apartment does not send meter readings. This happens both for objective reasons and for subjective ones.

For example, forgetfulness or a family vacation may cause the owner of the apartment to temporarily not transmit data from his meter. In this case, already the next month after the owner of the apartment resumes the transfer of data, he will be recalculated.

Legal acts

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

In 2017, the next changes were adopted and it can be said 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.

Only the aspect that concerns residential premises without meters is considered here. Everything is clear with the counters, the recalculation will be done automatically when the next data from the metering devices is loaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

Each citizen, owner or tenant of a dwelling, is a consumer according to this document. He and his family consume public resources provided by various organizations or companies. In order to have a basis for a relationship, an agreement is made between the organization and the service consumer.

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

What is included in Resolution No. 354

What is included:

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

A special place is determined by 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;
non-receipt by the consumer of reliable information on the quality of services;
terms of the agreement are violated.

In case of violation of these conditions, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether the contract was concluded between the contractor and the consumer, the contractor still compensates for the damage in case of poor-quality services.

Here are some points that are considered in the Resolution:

The fee for common house needs is not subject to recalculation. This refers to the case when the owner was absent and the premises were temporarily empty.
Under the two-tariff regime, changing the payment is possible only in relation to the variable component. With regard to the constant component, the following condition has been introduced: if its recalculation is established by law, then after the temporary absence of a citizen, it is made within 5 working days. Days of absence are considered all except the day of departure and arrival.
The recalculation is made only in case of submitting an application and providing documents that confirm the duration of the absence. The request is made before departure or no more than a month after arrival.

The following documents are accepted as proof of absence:

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

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 relationship.

On the video about the recalculation of the fee

Main hallmarks The regulation and its amendments is a course towards the widespread installation of appliances. Therefore, the owners of apartments with meters have a clear advantage in cases of, for example, temporary absence.

Relations between public utilities and citizens are governed by the rules for the provision of public services by the RF Government Resolution No. 354, as amended in 2017. Read the article about the basic rights and obligations of consumers and suppliers of housing and communal services, as well as disputes between the parties.

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 communal services. This legislative act is regularly updated. The latest revision was released on September 9, 2017.

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

Until 2011, the relationship between consumers and public utilities was regulated by RF PP No. 307. With the entry into force of the RF GD No. 354, many rules have changed. Among other things, the following innovations appeared in the resolution:

introduced ODN, often becoming the cause of disputes between citizens and management companies;
it became possible to check the quality of provided public services with the help of expertise;
the period of debt 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 metering devices in separate rooms (this is necessary mainly in communal apartments), and so on.

In general, the purpose of the document remained the same, although its volume doubled. Obviously, every year there are more and more nuances that need to be included in the rules for the provision of public services. For this reason, there are changes in the decision. The explanations prepared by specialists working in the housing and communal services sector help to understand them.

What is included in the list of utilities?

Obtaining public services is one of the basic rights of a citizen of the Russian Federation, regardless of his place of residence. Required list Housing and communal services are supplied to dwellings on permanent basis during the whole year. The only exception is heating. Heat is supplied according to a special regulation issued in each region, depending on weather and climatic conditions.

The rules for the provision of utilities allow the shutdown of all types of resources in case of repairs or accidents. For such situations, the maximum allowable duration is indicated. It is calculated for the reporting period. If during this period the number and duration of utility outages exceed established norms, then tenants can formally file a claim.

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

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

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

Changes in Government Decree 354 for 2017-2018

The rules for the provision of public services to citizens in 2017 determined in the RF PP No. 354 in again received a number of changes. The adjustments relate to the most relevant issues for consumers and public utilities. Here are some important updates:

parking spaces began to be considered non-residential premises and individual real estate objects;
public utilities have the right to install control seals and other devices to track illegal interference in the operation of metering devices;
management companies can be fined for unreasonably high rates. 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 version of this document.

Payment for utility services

Consumers of housing and communal services are obliged to pay them every month in in full. Along with duties, citizens also receive a certain set of rights. Utilities must be of an appropriate quality. If the management company does not properly fulfill its obligations, tenants 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 invoice includes the following expenses:

for maintenance high-rise building;
for execution overhaul;
maintenance of elevators (if any);
for the export of solid household waste;
for cleaning entrances, adjacent territory and other common property;
to pay for intercoms.

According to the rules for the provision of public services, all these costs are calculated in the management company and entered into the receipt. In some cases, it forms enough a large number of points that are not always possible to deal with the first time. Moreover, each figure must have a justification. Any article fits in in accordance with the current tariffs and prices.

In the receipt, expenditure items are divided into personal, related to a particular apartment, and general house consumption. Many categories of citizens have benefits for paying utility bills. They are indicated as a justification for applying the reduced tariff.

Rights and obligations of consumers and service providers

The rules for the provision of utilities provide strict regulation of the legal relationship between utility providers and their consumers. Chapters 4 and 5 are devoted to this.

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

timely provide residents of CU. It is engaged not only in providing the resources specified in the contract with the consumer, but also serves the territory adjacent to the high-rise building, common and apartment premises;
accept requests for repairs and execute them, timely troubleshoot, maintain the house in proper condition;
demand timely payment for services within the established time limits, charge penalties and fines for their violations. At the same time, the receipt must necessarily indicate the period in which the consumer needs to deposit money;
receive compensation from the state for beneficiaries paying utility bills at reduced rates;
monitor how the rules of operation are observed engineering networks And technical means;
check the meters installed in the apartments, the state of communications;
have access to all premises.

In accordance with the rules for the provision of public utilities, the management companies themselves conclude contracts with utility providers. Residents should be alerted to emergencies that concern them. Announcements about repairs, deadlines for eliminating accidents and other deviations are posted on boards accessible to all residents.

Consumers have their own rights and obligations. In particular, they must (may):

receive services of proper quality in the required volume;
apply for verification of the calculations made with the correction of detected errors;
receive acts and other legally binding documents, with the help of which the damage from accidents is confirmed for its further compensation;
be sure to notify the emergency services force majeure situations;
timely and fully pay for the received housing and communal services.

The rules for the provision of public services warn consumers against various unauthorized actions. If found, significant fines can be imposed.

Settlement of disputes between consumers and utility providers

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

delayed payments by consumers;
the commission of unlawful actions by tenants (interference with the work of meters, damage to common house property, and so on);
erroneous calculation of payment for CU;
failure of the service organization to fulfill its obligations.

The Criminal Code, according to the rules for the provision of public services, can deal with non-payers of penalties and the disconnection of supplied resources. Contractual debtors can meet halfway and provide installments to repay the debt. Illegal acts are punishable by fines. They can be imposed and collected, including in court.

Consumers, in the event of a complaint, turn first of all to the management company. Most violations are eliminated in this way. In addition to the UK itself controversial situations may be considered: