What is DHW thermal energy? What is hot water in the receipt Cold water for hot water purposes what

The chairman of the council of the house number 26 on the street addressed to the editorial office of our newspaper. Volodarsky Gennady Panfilovich Rezinkin and spoke about his attempt to understand the issue of installing and paying for a common house heat meter.

In January 2014, the owners of apartments in this multi-apartment building received receipts for housing and communal services, where, among other services payable, the “Installation of a thermal power supply unit” was separately indicated. The question arose: why such a sum?

In February 2014, a representative of the initiative group G.P. Rezinkin, on behalf of the residents of the house, for the first time turned to MUP "Heat Networks" for clarification on the cost of installing a meter. There he was refused, explaining that this information is confidential and not subject to disclosure.

G.P. Rezinkin went to court. The Gatchina City Court, in a claim to issue an act of acceptance of the operating installation and an estimate for the installation of the operating installation G.P. He refused Rezinkin, explaining that the plaintiff had the right to “require from MUE “Heating Networks” of Gatchina a written response with supporting documents containing information on the cost of the purchased OPU, its delivery, installation and commissioning, the provision of which the defendant has no right to refuse” . What G.P. Rezinkin and was done. However, "Thermal networks" of Gatchina refused to give such information.

Meanwhile G.P. Rezinkin was elected chairman of the council of house number 26, after which he did not turn to anywhere, but clarity did not increase. The distrust of the residents, who did not receive an answer to a seemingly simple question, began to grow, and with it the number of questions. “Perhaps, apartment owners pay in full both the OPU itself and its installation, and now, deprived of the right to know and understand what is happening, to control how readings are taken, they pay for the general building costs of heat energy and the cost of maintaining the OPU also for the tenants of municipal apartments and tenants non-residential premises. Where is justice?” Gennady Panfilovich is indignant.

A year later, the chairman of the council of the house decided to make the case public and involve the media. Our editors have taken it upon themselves to help sort it out. Having collected the correspondence of G.P. Rezinkin with utilities and court records, we turned to MUP "Heat Networks" in Gatchina.

Oksana Nikolaevna Zolotova, head of the legal department of MUE "Heat Networks" in Gatchina, answers the questions of our reader, posed in his letter to the editor.

- Why was the OPU put up without the consent of the owners?

The Federal Law of November 23, 2009 No. 261-FZ “On Energy Saving and Increasing Energy Efficiency” establishes the obligation of owners of residential and non-residential premises of an apartment building (MKD) to ensure the installation and commissioning of common house metering devices (OPU) for cold and hot water, thermal and electric energy, natural gas. In the event that the owners of premises in an apartment building have not ensured the installation of the operating system before July 1, 2012, such installation is carried out by the resource supply organization. The federal law gave tenants a rather long period of time - three years, during which time it was possible to install a metering device on their own, choosing both a supplier and a contractor for the work, the tenants did not use this right. Consequently, there is an obligation for the resource supplying organization to install a common house (collective) meter in an apartment building.

- On what basis were invoices issued to the owners of the premises?

In the event that before January 1, 2013 the owners of the premises themselves did not install the OPU, and at the same time the common house meter was installed by the resource supply organization (based on Part 12 of Article 13 of the Federal Law "On Energy Saving"), the owners are obliged (according to clause 38.1 of Rules No. 491) pay the costs of installing such a meter on the basis of invoices. This obligation is established by law, we did not "invent" anything on our own. Obeying only federal law and given that the tenants do not have sufficient legal literacy, we do not refuse to explain to anyone, if a person makes contact and adequately perceives his duties as an owner, we are always ready for a dialogue. The law clearly spells out the procedure in case of disagreement of the owner with certain provisions.

- And if the owner disagrees with the bill?

In case of disagreement, the owner of the premises has the right to contact the organization that installed such a meter and issued an invoice, with disagreements. That is, to substantiate his calculations and prove why he believes that the bill was billed unreasonably. If in this case the disagreements are not resolved, the right to appeal against the invoice in court.

I would like to draw your attention to the fact that, in accordance with paragraph 12 of Article 13 of Federal Law No. 261, in the event of a refusal to pay expenses on a voluntary basis, a person who has not fulfilled the obligation to equip these facilities with metering devices for the energy resources used must also pay expenses incurred by these organizations in connection with the need for enforcement. Thus, the owners, regardless of their desire, are obliged to bear the costs of installing and maintaining the OPU, executing the federal law.

The owner has the right to know why he pays so much. Where can I get information to check the calculations?

Control over the actions of MUP "Heating Networks" of Gatchina is carried out in full by specialized bodies authorized to conduct inspections of the work of resource supplying organizations. Municipal Unitary Enterprise "Heating Networks" of Gatchina held a tender for the right to conclude a loan agreement for the purchase of heating equipment. All information is publicly available on the Internet on the official website of public procurement: zakupki.gov.ru. In order to find the information of interest, just go to the site and type the name of the organization, or its TIN.

Invoices for the installation costs of the PSU are issued with an indication of the total cost of installing such a meter and the proportion of costs borne by the owner of the premises (based on its size). To check the calculations, information on the area of ​​​​the premises in a particular apartment building can be found in the technical passport of the apartment building. Each house should have this document, but if it is not available, a technical passport can be ordered from an organization that conducts an inventory of objects, for example, the BTI of Gatchina.

In the house number 26 on the street. Volodarsky, the owners are the owners of apartments and the municipality, which owns residential and non-residential premises. The municipality's share of expenses for rented and non-residential (shop) rented premises was paid in September 2013. Citizens-owners of residential premises in this house pay for the installation of thermal energy control systems from January 1, 2014.

- So, the municipality paid off immediately, and the citizens were given an installment plan?

Yes. Part 12 of Article 13 of Law No. 261-FZ contains the possibility of providing citizens-owners of premises in apartment buildings with installment payments for the costs of the RSO for the installation of metering devices. Payment is made in equal installments over five years, starting from the date of installation of the GTC, provided that citizens do not express their intention to pay such costs in a lump sum or with a shorter installment period.

Taking into account the requirements of the law on the provision of installments only to citizens-owners of premises, RSO issues invoices for the payment of the full amount of expenses for the installation of metering devices to owners of premises - legal entities (including local governments) without any installment payment.

- How are the readings of the common house metering device taken?

Calculation of the value and cost of consumed MKD No. 26 on the street. Volodarsky thermal energy for residential and non-residential premises is produced according to the indications of the operating permit from January 1, 2014. Readings are taken on the 20th day of each month remotely via modem connection.

The amount of thermal energy, on the basis of which the payment to owners and tenants of residential premises for heat supply services is calculated, is reduced by the amount of thermal energy consumed by non-residential premises, calculated in proportion to the area of ​​\u200b\u200bthese premises (220 m2). The calculation of the amount of payment for a citizen is made in the settlement and cash center of the Municipal Unitary Enterprise Housing and Public Utilities of Gatchina. With the tenant of non-residential premises located in the specified MKD, a direct contract was concluded for the supply of thermal energy.

Thus, all owners of residential premises pay only their share of the costs both for the installation of the heating system and its maintenance, and for heat supply services.

Calculation of the fee for the installation of the OPU and its maintenance for house No. 26 on the street. Volodarsky:

The cost of installing a common house metering device, taking into account installments - 482,024 rubles 40 kopecks;

The cost of servicing the operating system per month is 2,823 rubles 74 kopecks;

The total area of ​​residential and non-residential premises is 2,469.6 sq.m.

Settlement for the installation of the GTC: 482024, 4/2469, 6/60 months. = 3 rub. 25 kop. from 1 sq. m.

Plus calculation of the cost of service: 2,823, 74/2,469, 6 = 1 rub. 14 kop.

In total, homeowners pay per month: 3, 25 + 1, 14 = 4 rubles. 39 kopecks from 1 sq. m.

A reader of the Leninsky district of Chelyabinsk turned to the editorial office of our portal with a request to help her figure out - what will the indicated amount in the receipt go to and on what grounds was the installation of cold water made?

The second question arose because, as far as we know,

“The GTC can be established by the developer of a residential building - during the construction of an apartment building, or as part of the implementation of the federal law of July 21, 2007 No. 185-FZ “On the Housing and Utilities Reform Assistance Fund” during the overhaul of an apartment building, or as part of the implementation of the federal law RF dated November 23, 2009. No. 261-FZ "On energy saving ..." until 07/01/2012. - by decision of the general meeting of owners of the premises of an apartment building, and after 01.07.2012. - MUP POVV "(information from the site of MUP POVV).

As the reader explained, the house in which she is the owner of a one-room apartment was built in 1965 and has never been overhauled. Accordingly, the engineering networks of the building are not in the best condition. Will residents have to pay for water leaks under a common house?

But back to first question:

The receipt indicates that the payment is for the installation of the operating system, and will you have to pay again for the common house water meter?

The receipt looks like this:

Contacted for clarification branch of settlement centers LLC RCC of Chelyabinsk by phone 211-55-11. The specialists explained that the calculation is made not only for the installation of the operating system, but also for the common house water meter itself.

MUP "POVV" offers pay bills in two ways:

1) Pay in a lump sum payment by the 20th day of the month following the settlement one, thus reimbursing the costs for setting your share for (GPU) without paying interest for installments.

2) Installment payment for 5 years or less installment period. When providing an installment plan, interest is accrued on the balance of the unpaid amount in the amount of the refinancing rate of the Central Bank of the Russian Federation in force on the date of accrual. Interest will be calculated from the 2nd receipt.

When paying the receipt in installments, the owner can pay any amount, but not less than the payment indicated in the line “Minimum payment amount (with installments for 5 years).

The cost of the OPU and the cost of its installation did not seem large. But please take into account that this is the Leninsky district of Chelyabinsk, a specific building with about 120 apartments. What will be the payment in your house, your receipts will show.

Second question- the legitimacy of the installation has not yet been clarified. Unfortunately, it was not possible to contact the lawyers of the MUP POVV company at the specified number and get clarifications - no one picked up the phone. We will call.

Answers to the most popular questions on common house meters (OPU):

Why is the installation decision not made at the general meeting?

From 07/01/2012 according to law No. 261-FZ, a resource supply organization (MUP POVV) is obliged to install an operating system in houses. At the same time, the owners of the premises of the house have the right to make a decision at the general meeting of the owners of the premises of the house on the installation of the OPU, the choice of a contractor, the cost of installing the OPU, the procedure for paying for the installation of the OPU, obtaining technical conditions for the installation of the OPU in MUP POVV and submit this protocol of the general meeting to MUP POVV about the decision taken.

Why weren't the owners notified about the installation of the OPU?

MUP POVV in receipts for payment for cold water and water services places information on the commissioning of the operating facility and the volume of water released to the house in the billing month.

What documents confirm the installation of the OPU? Why were the owners not invited to sign the act of commissioning the operating facility?

The document confirming the installation of the OPU is the Commissioning Certificate of the OPU, signed by representatives of the resource supply organization (MUP POVV) and the housing organization serving the apartment building.

The housing organization serving the apartment building is a person authorized by the owners of the premises of the apartment building, so the owners are not invited to sign the act of commissioning the OPU.

Is there a contract for the installation of an operating room? What is the amount of installation of the OPU? Who will pay for this installation of the OPU?

The contract for the installation of the operating system is concluded by the person on whose initiative the installation of the operating unit is carried out.

The installation costs of the operating system include the cost of the metering device itself, the cost of the equipment included in the metering unit and the cost of installation work. The cost of installation of the operating system, depending on the brand and caliber of the metering device, is from 20,000 rubles. up to 50,000 rubles

When installing the OPU by the developer of the house - the installation is carried out at the expense of the developer's funds.

When installing the OPU according to law No. 185, the installation is carried out at the expense of budgetary funds allocated for the overhaul of the house.

When installing the GTC by decision of the owners of the premises of the house - the installation is carried out at the expense of the owners of the premises (including at the expense of the item "repair and maintenance").

When installing the GTC according to Law No. 261, the installation is carried out at the expense of MUE POVV, with subsequent reimbursement of expenses by the owners of the premises of the house in a lump sum payment or in installments, taking into account interest for providing an installment payment in the amount of the refinancing rate of the Central Bank of the Russian Federation for a period of not more than 5 years.

Who takes the testimony of the OPU? How are testimonials transmitted? Can the owners be present during the taking of evidence?

The housing organization serving the apartment building, on a monthly basis from the 20th-23rd day, takes the readings of the OPU and transfers them to the MUP POVV. MUP POVV periodically takes control readings of the OPU in order to control the reliability of the transferred OPU readings.

The Chairman of the Council of the apartment building, elected by the decision of the general meeting of the owners of the premises, has the right to be present at the taking of testimony of the OPU.

Photo: volga-tv.ru

In accordance with Decree of the Government of the Russian Federation of May 13, 2013 No. 406 “On state regulation of tariffs in the field of water supply and sanitation”, with a centralized hot water supply system in a closed system, a two-component tariff for hot water is set, consisting of “ cold water component "(rub. / m 3) and" component for thermal energy ” (rubles / Gcal). The resource supplying organization supplying hot water makes settlements with the utility service provider (management company, HOA) for 2 resources: cold water - at the tariff for the “cold water component”; thermal energy - at the tariff on the "thermal energy component". The value of the component for cold water is calculated by the tariff regulator based on the tariff for cold water. The value of the component for thermal energy is determined by the tariff regulator in accordance with the guidelines based on the following components: for the maintenance of centralized hot water supply systems in the area from the central heating points (inclusive), where hot water is prepared, to the point on the border of the operational responsibility of the subscriber and the regulated organization, if such costs are not included in the tariff for thermal energy; the cost of heat energy losses in pipelines in the section from the facilities where hot water is prepared, including from central heating points, including the maintenance of central heating points, to a point on the border of the operational responsibility of the subscriber and the regulated organization, if such losses are not taken into account when setting tariffs for thermal energy; costs associated with the transportation of hot water. Utility service providers in accordance with the "Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings", approved by the Decree of the Government of the Russian Federation of May 6, 2011 No. 354 (hereinafter referred to as the Rules), calculate the amount of payment for the utility service for hot water supply for the volume of hot water consumed in cubic meters. In accordance with the Rules, the amount of payment (P i) for the utility service for hot water supply, in a room equipped with an individual device study that hot water is determined by the formula: P i \u003d V in * T to p (1), where: V in is the volume (quantity) of the communal resource consumed during the billing period in the i-th residential or non-residential premises, determined by the readings of an individual device accounting;T to p - the tariff for the utility resource. Since the tariff for the utility resource "hot water" is set in the form of two components, the utility service provider with hot water consumers calculates for the components: cold water and thermal energy for the needs of hot water supply. The amount of thermal energy (Gcal / m 3) for the needs of hot water supply per 1 m 3, as a rule, the contractor of public services is determined on the basis of common house (collective) readings of hot water meters and thermal energy in hot water. It should be noted that the utility service provider makes settlements with the resource supplying organization based on the readings of the same house-wide (collective) meters for hot water and thermal energy in hot water. The amount of thermal energy consumed in hot water in the i-room (Gcal) is determined by multiplying the amount hot water according to an individual meter (m 3) by the specific consumption of thermal energy in hot water (Gcal / m 3). The volume of hot water determined by an individual meter (m 3) is multiplied by the tariff "component for cold water" (rub ./m 3) - this is the payment for cold water as part of hot water. water. In accordance with the information letter of the FTS of Russia dated November 18, 2014 No. СЗ-12713/5 “On the regulation of tariffs for hot water in a closed hot water supply system for 2015”, states that the executive authorities of the constituent entities of the Russian Federation in the field of state regulation of prices (tariffs) entitled to decide on the establishment of tariffs for hot water in a closed hot water supply system per 1 cu. m. At the same time, the calculation of the tariff for hot water (T hot water) per 1 m 3 is carried out according to the formula: T hot water \u003d T cold water * (1 + K pv) + US central heating + T t / e * Q t / e (2), where : T hvs - tariff for cold energy (rubles / m3); T t / e - tariff for thermal energy (rubles / Gcal); K pv - coefficient taking into account water losses in closed heat supply systems from central heating points to the point connections; US tst - specific costs for the maintenance of hot water supply systems from central heating points to the boundaries of the balance sheet ownership of consumers (excluding losses) if such costs are not included in the tariffs for thermal energy (capacity), per 1 cubic meter. m; Q t / e - the amount of heat required for the preparation of one cubic meter of hot water (Gcal / m 3). At the same time, the amount of heat for the preparation of one cubic meter of hot water (Q t / e) is determined by calculation, taking into account heat capacity, pressure, temperature, water density, heat energy losses in risers and heated towel rails. Thus, the charge on the receipt for hot water depends on the form in which the regulatory body sets the tariff for hot water: for two components (cold water and heat energy ) or per cubic meter. In question charges for 2 components (cold water and heat energy) are given, but the municipality and tariffs for the components are not indicated. If we assume that the consumption of hot water was 10 m 3, then the tariff for the “cold water component” is 331 rubles. / 10 m 3 \u003d 33.10 rubles / m 3. If we assume that the tariff for the “thermal energy” component is 1800 rubles / Gcal, the amount of consumed thermal energy is: 1100 rubles. / 1800 rubles / Gcal \u003d 0.611 Gcal, respectively, for heating 1 m 3 of hot water, the consumption of thermal energy was 0.611 Gcal / 10 m 3 \u003d 0.0611 Gcal / m 3. Chief Economist of Yurenergo Group of Companies Isaeva T.V.

Another scam VK comfort

Preparation of hot water using in-house engineering systems (ITP) of an apartment building (in the absence of centralized preparation of hot water in the MKD).
The amount of payment for hot water supply (DHW) is calculated based on the readings of house meters and the corresponding tariffs for cold water and consumed Gcal used for preparing hot water. At the same time, the costs of maintaining and repairing in-house engineering systems and electricity used for preparing hot water are included in the fee for maintaining and repairing a dwelling.

Individual heating point of our house (ITP)

Calculation for heating and hot water prepared in an apartment building on the basis of the RF Government Regulation No. 354 dated 06.05.2011

Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354, hereinafter referred to as the Rules. For the convenience of typing in a text editor, the formulas used are slightly modified and specified in comparison with their writing in the Rules, which does not change their meaning in any way.

For an unambiguous understanding: in accordance with paragraph 2 of the Rules, “non-residential premises in an apartment building” is a room in an apartment building that is not residential premises and common property of the owners of premises in an apartment building. For example, a shop, a sewing studio, an office space of an organization, etc. The calculation of fees for such premises, as a rule, is similar to the calculation for residential premises (apartments). In case of differences in the calculations, they will be discussed separately.

Calculation and distribution of fees in accordance with clause 50 of the Rules between consumers living in a room (rooms) of communal apartments of MKD is carried out according to formulas 7, 8, 16, 19 and 21 of Appendix No. 2 to the Rules and in this case will not be considered.

I carry out the description of the calculations using the example of my own apartment building (hereinafter - MKD), which is equipped with the following metering devices:

1) collective (common house) installed in the heating point of the MKD (hereinafter - ODPU):

A) to determine the total volume (quantity) of thermal energy used for the utility service "heating" and heating water for the utility service "hot water supply", the temperature of the coolant in the supply and return pipelines at the boundary of operational responsibility (hereinafter - ODPUte);

B) to determine the volume (quantity) of thermal energy used for the public service "hot water supply" (hereinafter - ODPUte-gv);

C) to determine the volume of water used for the public service "hot water supply" (hereinafter - ODPUgv);

2) individual, installed in each residential (apartment) and non-residential premises (hereinafter - IPU):

A) to determine the volume (quantity) of thermal energy used for the utility service "heating" (hereinafter - IPUte);

B) to determine the volume of hot water used for the public service "hot water supply" (hereinafter - IPUgv).

The thermal energy supplied from the city heating networks to the house is divided into two parts and, using the equipment of the heating point, is used:
for the preparation of a coolant circulating in the closed-type MKD heating system;
for the preparation of hot water circulating in the open type MKD hot water supply system.

At the same time, the coolant itself, supplied from the city heating networks, is not taken away, but only the thermal energy contained in it is used.

In accordance with paragraph 40 of the Rules, the consumer of the utility service for heating and (or) hot water supply, produced and provided by the contractor to the consumer in the absence of centralized heat supply and (or) hot water supply, pays a total fee for such a utility service, calculated in accordance with paragraph 54 of the Rules . Namely, it should include both a payment for a utility service provided to a consumer in a residential or non-residential premises, and a payment for a utility service provided for general house needs.

Therefore, in this case, consumers should be billed in the payment document for utility services "heating" and "hot water supply" without division into individual consumption and consumption for general house needs.

In accordance with clause 54 of the Rules, consumers of each residential (apartment) and non-residential premises must pay the contractor for the utility resources used during the billing period, namely, the heat energy provided for the “heating” utility service, and the heat energy and cold water provided for utility service "hot water supply".

When determining the amount of payment by consumers of each residential (apartment) and non-residential premises for the utility service "heating", the volume of heat energy used only for heating is distributed among all residential and non-residential premises in an apartment building in proportion to the size of the total area owned (in use) by each consumer of a residential or non-residential premises in an apartment building in accordance with formula 18 of Appendix No. 2 to the Rules:

Ro-i \u003d Vte-o-d x (Si / Sd) x Tte

The amount of payment by consumers of each residential (apartment) or non-residential premises for the utility service "heating" (Po-i, rubles) is determined as the product of three components:

The volume (quantity) of thermal energy used during the billing period in the production of the utility service "heating" and defined as the difference between the measured amount of thermal energy ODPUte and ODPUte-gv (Vte-o-d, Gcal);

The ratio of the total area of ​​the i-th residential premises (apartments) or non-residential premises in the MKD (Si, sq.m) to the total area of ​​all residential premises (apartments) and non-residential premises in the MKD (Sd, sq.m);

Tariff for thermal energy, established in accordance with the legislation of the Russian Federation (Tte, rub./Gcal).

When determining the amount of consumer fees for each residential (apartment) or non-residential premises for the utility service “hot water supply”, the cost of cold water and the cost of thermal energy used to heat cold water in the production of utility services for hot water supply, distributed to each residential and non-residential premises in proportion to the volume of hot water consumed during the billing period in a particular residential or non-residential premises and is calculated according to formula 20 of Appendix No. 2 to the Rules:

Rgv-i \u003d Vgv-i x Txv + Vte-gv-d x (Vgv-i / Sum Vgv-i) x Tte

___________
Sum- mathematical sign "sum".

The amount of payment by consumers of each residential (apartment) or non-residential premises for the utility service "hot water supply" (Rgv-i, rubles) is determined as the sum of two components:

The product of the volume of hot water consumed by the consumer for each residential (apartment) or non-residential premises, determined for the billing period IPUgv (Vgv-i, cubic meters), and the tariff for cold water established in accordance with the legislation of the Russian Federation (Тхв, rub./cubic .m);

The product of the volume (quantity) of thermal energy used for heating cold water during the billing period, determined by ODPUte-gv (Vte-gv-d, Gcal), the ratio of the volume of hot water consumed by the consumer of each residential (apartment) or non-residential premises, determined for the billing period IPUgw (Vgw-i, cub.m) to the total volume of hot water consumed by consumers of all residential (apartments) and non-residential premises, determined for the billing period with the legislation of the Russian Federation (Tte, rub./Gcal).

In order to regulate the procedure for the application of two-component tariffs for hot water, amendments were made to the RF GD dated May 06, 2011 No. 354 and the RF GD dated May 23, 2006 No. 306. According to the amendments made when establishing two-component tariffs for hot water supply (hereinafter - DHW) " the amount of payment for the utility service for hot water supply is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the utility service for hot water supply, and the cost of the component for thermal energy used to heat cold water for the purpose of providing the utility service for hot water supply"(paragraph 6 of clause 38 of Rules 354), while the authorized body of the subject of the Russian Federation" establishes the standard for the consumption of thermal energy used to heat cold water for the provision of public services for hot water supply” (paragraph 32(1) of Rule 306). And if the procedure for calculating the cost of hot water supply between the consumer and the utility service provider (hereinafter referred to as the UCS) has been resolved (although to this day there are a huge number of cases of its violation), then when calculating between the ICU and the resource supply organization (hereinafter referred to as RSO), there have been and continue to arise disputes, especially in cases of equipping houses with common house metering devices that determine both the volume of hot water consumption and the amount of heat energy as part of the consumed hot water.

Heat in DHW: volume of consumption and cost payable

If we consider the consumption of hot water in the premises of MKD, then it is easy to establish cases in which, with the same volume of hot water consumption, the consumption of heat in the composition of this water will be different. Such cases include consumption in the absence of circulation in the house of “cooled down” hot water by those residents who wake up earlier in the morning or go to bed later in the evening. It is obvious that water will be hotter with long-term one-time consumption compared to many short-term inclusions, even if the total volume of short-term inclusions is equal to the volume of long-term one-time consumption. During the non-heating period, there is a significant difference in the temperature of hot water in houses of the same type (for which the same consumption standards are stipulated), depending on the length of the DHW network from these houses to the RSO (the distance of the MKD from the boiler house) - residents of houses connected to the "terminal" segments of heating networks usually use less hot water than houses connected to the "transit" pipelines of the same networks.

Probably, in order to create some kind of averaged unified calculation system, the Government of the Russian Federation decided to approve the norms for the consumption of heat energy for heating hot water supply and gave the right to establish such norms to the subjects of the Russian Federation authorized. This eliminated the possibility of determining the different cost of hot water (in rubles per cubic meter), for example, for residents of different apartments in the same apartment building. It should be noted that the different cost of hot water (in rubles per cubic meter) for residents of the same house in different months is also excluded - after all, the calculation of the cost of a cubic meter of hot water consumed by the consumer should be based on the cost of the component for cold water, the tariff for which is approved by the subject of the Russian Federation, and the cost of the component for thermal energy, the tariff for which and the volume for each unit of water (the heat standard for heating hot water) is also approved by the subject of the Russian Federation. Thus, the cost of one cubic meter of hot water does not depend in any way on the actual heat consumption for heating this water (measured or calculated in any way), but is calculated based only on those parameters that are approved by the state authorities of the constituent entity of the Russian Federation.

If we talk about the amount of heat energy consumed for the purpose of hot water supply by the entire apartment building (hereinafter - MKD), then, of course, such an amount can be determined by such a general house metering device (hereinafter - OPU), which measures not only the consumption of hot water for the needs of hot water supply, but and the heat content of this water. The position of the overwhelming majority of the RSO, which is that the heat supplied to the MKD is payable in full, is reasonable and logical. No less logical is the determination of the amount of heat energy in the composition of the hot water supply consumed by the entire MKD, according to the OPU, which allows such an amount to be measured. At the same time, in the opinion of these RCOs, there is no need to apply the standard for the consumption of thermal energy used to heat cold water for the provision of public services for hot water supply, approved by the state authorities of a constituent entity of the Russian Federation. In the event that there is no function for measuring the amount of heat in the common house DHW meter (and even more so in the absence of an operating system at all), the same RNOs consider the use of a heat standard for heating DHW already necessary.

The position, of course, is not devoid of logic, however, the current legislation of the Russian Federation does not give the right to choose whether to use the heat standard for DHW heating in calculations or not to use it. The norms on the use in the calculations of the rate of consumption of thermal energy used to heat cold water for the provision of public services for hot water supply are imperative, subject to unconditional execution. At the same time, the legislation of the Russian Federation simply does not contain any norms on the possibility of using in the calculations the readings of the OPU, which determine the amount of heat energy in the composition of the hot water supply. Thus, the use of such indications of the GTC in the calculations, although logical, is not based on the law, and therefore is illegal. At the same time, the use in calculations of the heat standard for DHW heating is not a right provided for in individual cases (for example, the absence of a GTC, or the absence of a GTC function for measuring heat content in DHW), but a duty for any cases without exception.

From the foregoing, it follows that when calculating the cost of hot water supply (both between the consumer and the provider of the hot water service, and between the ICU and the RSO), it is not the actually consumed amount of heat energy for heating water for the provision of public services for hot water supply, but the norm of heat consumption for heating hot water .

What did the court decide?

These circumstances were studied by the Arbitration Court of the Moscow Region, and then - on appeal - by the 10th Arbitration Court of Appeal, when considering the case on the claim of Orekhovo-Zuevskaya Teploset LLC against Avtoproezd HOA (case No. A41-18008 / 16) for the recovery arrears in payment of heat energy. As third parties, the Main Department of the Moscow Region “State Housing Inspectorate of the Moscow Region”, the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Ministry of Construction and Housing and Communal Services of the Moscow Region were involved in the case.

In the Decision of December 12, 2016 in case No. A41-18008 / 16 AC of the Moscow region indicated:

« Having directly, fully and objectively examined the evidence presented by the parties in support of the stated claims and objections, the court came to the following conclusion.

As established by the court, on September 26, 2012, between the plaintiff and the defendant, a Heat Supply Agreement No. 240 was concluded, according to which the plaintiff is an energy supply organization, the defendant is a subscriber.

In accordance with paragraph 1 of Article 539 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), under an energy supply agreement, the energy supply organization undertakes to supply energy to the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy ...

Based on Article 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with the energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties. The procedure for paying for energy is determined by law, other legal acts or by agreement of the parties.

In accordance with the provisions of Article 157 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the amount of payment for utilities is calculated based on the volume of utility services consumed, determined by meter readings, and in their absence, based on utility consumption standards approved by public authorities constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation, at tariffs established by state authorities of the constituent entities of the Russian Federation in the manner established by federal law.

Part 5 of Article 9 of the Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply” establishes that tariffs for hot water in open heat supply systems (hot water supply) are set in the form of two-component tariffs using a component for a heat carrier and a component for thermal energy .

According to part 9 of Article 32 of the Federal Law of December 7, 2011 No. 416-FZ "On Water Supply and Sanitation", tariffs in the field of hot water supply can be set in the form of two-component tariffs using a component for cold water and a component for thermal energy in the manner determined by the pricing principles in the field of water supply and sanitation, approved by the Government of the Russian Federation.

Paragraph 88 of the Fundamentals of Pricing in the Sphere of Water Supply and Sanitation, approved by Decree of the Government of the Russian Federation No. 406 dated May 13, 2013, provides that tariff regulators set a two-component tariff for hot water in a closed hot water supply system, consisting of a component for cold water and a component for thermal energy.

Thus, the executive authorities of the constituent entities of the Russian Federation in the field of price (tariff) regulation make decisions on the establishment of two-component tariffs for hot water in accordance with the norms of the current legislation.

In order to regulate the procedure for the application of two-component tariffs for hot water, Decree of the Government of the Russian Federation No. 129 dated February 14, 2015 (entered into force on February 28, 2015) amended the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved Decree of the Government of the Russian Federation of May 6, 2011 No. No. 354 (hereinafter - Rules No. 354), and the Rules for establishing and determining standards for the consumption of utilities, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 306 (hereinafter - Rules No. 306).

Paragraph 38 of Regulation No. 354 provides that in the case of establishing two-component tariffs for hot water, the amount of payment for the utility service for hot water supply is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the utility service for hot water supply, and the cost of the component for thermal energy used to heat cold water for the purpose of providing public services for hot water supply.

In accordance with paragraph 42 of Regulation No. 354, in the case of establishing two-component tariffs for hot water, the amount of payment for the utility service for hot water supply provided to the consumer for the billing period in a residential building equipped with an individual or common (apartment) metering device is determined in accordance with formula 23 Appendix No. 2 to Regulation No. 354 based on the readings of hot water meters and the rate of consumption of thermal energy used for heating water, and in the absence of such a meter, based on the rate of consumption of hot water and the rate of consumption of thermal energy used for heating water.

At the same time, Rules No. 354 do not provide for the use of thermal energy as a public service, which complies with the provisions of part 4 of article 154 of the HC RF.

Given the above, Regulation No. 354 provides for the distribution of thermal energy used for heating cold water in order to provide public services for hot water supply, within the framework of the standard for the consumption of thermal energy for heating water in order to provide public services for hot water supply.

In this regard, the relevant amendments made to Rule No. 306 provide that the standard for the consumption of public services for hot water supply is determined by setting the standard for hot water consumption in a residential building and the standard for the consumption of thermal energy for heating water for hot water supply purposes.

So, according to paragraph 7 of Regulation No. 306, when choosing a unit of measure for consumption standards for hot water supply (hot water), the following indicators are used:

in residential premises - cub. meter of cold water for 1 person and Gcal for heating 1 cu. meters of cold water or cubic meters. meter of hot water for 1 person;

for general house needs - cub. meter of cold water and Gcal for heating 1 cu. meters of cold water per 1 sq. meter of the total area of ​​​​the premises that are part of the common property in an apartment building, or a cubic meter. meter of hot water per 1 sq. meter of the total area of ​​​​the premises that are part of the common property in an apartment building.

This principle ensures a fair distribution of thermal energy for heating a cubic meter of water between all consumers, depending on the volume of hot water consumption. In this regard, the procedure for determining the amount of payment for a utility service for hot water supply, established by Rules No. 354, fully complies with the requirements of the Housing Code of the Russian Federation and is established taking into account the exclusion of an unfair financial burden on citizens.

Thus, regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the heat supply (hot water supply) system (open or closed), and also regardless of the season (heating or non-heating), the amount of heat the energy used for water heating is determined according to the norms for the consumption of thermal energy for heating water for the purposes of hot water supply established in the manner prescribed by law.

Accordingly, if there are norms for the consumption of thermal energy for heating hot water, the readings of metering devices that measure thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supply organizations.

Rules No. 354 do not provide for a different procedure for determining the amount of payment for a utility service for hot water supply in this case.

Civil rights and obligations of a managing organization or a partnership of homeowners or a housing cooperative or other specialized consumer cooperative (hereinafter referred to as a partnership, cooperative) to make payments for the resources necessary for the provision of public services arise from resource supply agreements concluded in the manner prescribed by the Rules, mandatory when a managing organization or a partnership of homeowners or a housing cooperative or other specialized consumer cooperative concludes agreements with resource supply organizations approved by Decree of the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter, respectively - Decree No. 124, Rules No. 124).

According to subparagraphs "d", "f" of paragraph 17 of Regulation No. 124, the procedure for determining the volume of the supplied communal resource, the procedure for paying for the communal resource are essential terms of the resource supply agreement.

At the same time, in conjunction with the requirements of Rules No. 124, when concluding a resource supply agreement, the Requirements for making payments for resources necessary for the provision of public services, approved by Decree of the Government of the Russian Federation No. 253 dated March 28, 2012 (hereinafter referred to as the Requirements), are also subject to application.

Clause 4 of the Requirements establishes that in favor of resource-supplying organizations, funds received by the contractor from consumers as payment for utility services are subject to transfer.

At the same time, paragraph 5 of the Requirements provides that the amount of payment by the utility service provider due to be transferred in favor of the resource supply organization supplying a particular type of resource is determined depending on the payment by the consumer of the relevant utility service in the full amount specified in the payment document, or with partial payment, which fully corresponds with the above norms of Regulation No. 124.

Based on the above, the amount of payment by the utility service provider in favor of the resource supplying organization is subject to determination, taking into account the amount of money received from consumers of utility services, as well as taking into account the volume of communal resources in the event that the resource supplying organization supplies a communal resource of inadequate quality or with interruptions exceeding the established duration .

In addition, managing organizations (partnerships, cooperatives), being executors of communal services in an apartment building, acquire a communal resource from resource supplying organizations not for resale, but to provide the corresponding utility service to consumers and pay for the amount of communal resource consumed in such an apartment building from payments received from consumers for public services.

In accordance with the Decision of the Supreme Court of the Russian Federation dated June 8, 2012 No. AKPI12-604, according to which, within the framework of Resolution No. 124, a managing organization, partnership or cooperative are not business entities with independent economic interests that are different from the interests of residents as direct consumers of communal services. These organizations carry out activities to provide public services on the basis of an apartment building management agreement and pay for the volume of the communal resource supplied under the resource supply agreement only from the received payments from consumers. In this situation, the amount of payment for a communal resource under a resource supply agreement should be equal to the amount of payment for a utility service paid by all consumers of utility services in accordance with the Rules for their provision.

In view of the foregoing, regardless of the agreement, the parties are obliged to follow the imperative rules that govern the procedure for paying for utility services provided.

According to paragraphs 10, 11 of part 1 of article 4 of the LC RF, housing legislation regulates relations regarding the provision of public services, payment for housing and public services.

In accordance with the provisions of Article 8 of the Housing Code of the Russian Federation, relevant legislation is applied to housing relations, including those related to the use of engineering equipment, the provision of public services, and the payment of utility bills, taking into account the requirements established by the Housing Code of the Russian Federation.

In view of the foregoing, when concluding a resource supply agreement with persons managing an apartment building and establishing conditions in it, including those regulating the procedure for terminating the supply of the corresponding type of communal resource to an apartment building, it is necessary first of all to be guided by the norms of housing legislation, in particular Rules No. 124 subject to the provisions of Regulation No. 354 .

Clause 5 of the Requirements establishes that the amount of the contractor's payment due to be transferred in favor of the resource supplying organization supplying a specific type of resource is determined in the amount of the payment for a specific utility service specified in the payment document, accrued to the consumer for a given billing period in accordance with Rules No. 354 (with payment by the consumer in full), and if the consumer does not pay in full - in an amount proportional to the amount of payment for a specific utility service in the total amount of payments indicated in the payment document for works and services performed (provided) for a given billing period.

Based on this, the homeowners association is obliged to cover obligations to resource-supplying organizations for the volume of the communal resource at the expense of funds received from consumers in payment for consumed utility services for hot water supply, that is, calculated on the basis of the standard consumption of thermal energy used to heat water in order to provide hot water utilities.

Based on the foregoing, the Arbitration Court of the Moscow Region believes that the stated claims are not subject to satisfaction.

Guided by the articles of Art. 110, 112, 162, 167-170, 176 Arbitration Procedure Code of the Russian Federation, Arbitration Court of the Moscow Region

DECIDED:

Deny claims».

Tenth Arbitration Court of Appeal , having considered the appeal against the decision of the Arbitration Court of the Moscow Region, accepted Resolution dated April 17, 2017 No. 10AP-805/2017 in case No. A41-18008/16, by which he repeated the arguments of the court of first instance, additionally indicating:

« The arguments of the appeal repeat the arguments of the claim, were justifiably rejected by the court of first instance.

Taking into account the totality of the above circumstances, the Court of Appeal finds no grounds provided by law for reassessing the conclusions of the Court of First Instance and satisfying the requirements of the appeal.

Guided by articles 266, 268, paragraph 1 of article 269, article 271 of the Arbitration Procedure Code of the Russian Federation, the court

RESOLVED:

The decision of the Arbitration Court of the Moscow Region dated December 12, 2016 in case No. А41-18008/16 is left unchanged, the appeal is not satisfied».

conclusions

The Arbitration Court of the Moscow Region and the 10th Arbitration Court of Appeal, which supported its opinion, when considering case No. A41-18008 / 16, established that regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the type of heat supply system / hot water supply (open or closed), regardless of the period of the year (heating or inter-heating), " the amount of thermal energy used for heating water is determined according to the norms for the consumption of thermal energy for heating water for hot water supply established in the manner prescribed by law ..., if there are norms for the consumption of thermal energy for heating hot water, the readings of metering devices measuring the thermal energy used for the purpose of hot water supply, are not taken into account either in settlements with consumers or in settlements with resource supply organizations

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