Paragraph 61 of the rules for providing utilities to owners and users of premises in apartment buildings and residential buildings, approved by PP of the Russian Federation of 06.05.2011 No. 354 (hereinafter referred to as Rules 354) provides for the obligation of a communal service performer to recalculate if, when verifying the reliability of information on the readings of an individual accounting instrument (hereinafter referred to as IPU) discrepancies between the information provided by the consumer and actual readings of the IPU. In this article, we analyze cases in which recalculation is carried out in accordance with clause 61 of Rules 354, and the cases in which the specified norm is not applicable.

What installs paragraph 61 of Rules 354?

We will quote Paragraph 61 of Rules 354: " 61. If in the course carried out by the performer to verify the accuracy of the information provided by the consumer on the testimony of individual, general (apartment), household instruments and (or), the executor will be established that the accounting device is in good condition, including seals on it damaged, but there are discrepancies between the testimony of the tested metering device (distributors) and the volume of the utility resource, which was brought by the consumer to the Contractor and was used by the Contractor when calculating the amount of the Communal Service for the estimated billing period, the Contractor is obliged to recalculate the amount of payment for utilities and to send the consumer within the time set to pay utility services for the estimated period in which the Contractor was verified, the requirement for making a decisive fee for communal services provided by the consumer or notice of the amount of utility fees, too Accrued to the consumer. Excessive consumer paid amounts are subject to test when paying for future settlement periods.

Recalculation of the size of the board must be made on the basis of the testimony taken by the Contractor during the testing of the accounting instrument.

At the same time, if the consumer does not prove another, the volume (number) of the communal resource in the amount of the identified difference in the testimony is considered consumed by the consumer during the calculated period in which the performer was verified».

From the above standard follows:

1. Recalling the communal service fee is carried out in compliance with a number of requirements:
1.1. " The recalculation of the size of the board must be made on the basis of the testimony taken by the Contractor during the test.»;
1.2. " The performer is obliged to ... send the consumer within the time set to pay for utility services for the estimated period in which the Contractor was verified, the requirement to make a decisive fee for communal services provided to the consumer or notice of the amount of utility fees, which is superfluous to the consumer accrued. Excessive consumer paid amounts to be offset when paying for future settlement periods»;
1.3. " The volume (number) of the municipal resource in the amount of detected difference in the testimony is considered consumed by the consumer during the calculated period in which the Contractor was verified», « if the consumer does not have proven other».

2. Recalculation is carried out in the event of a number of circumstances:
2.1. " There are discrepancies between the testimony of the tested metering device (distributors) and the volume of the utility resource, which was charged by the consumer to the Contractor and was used by the Contractor when calculating the amount of payment for a utility service" It is important to note that the rule directly indicates the divergence of the actual indication of the device not with the regulatory volume of consumption, not with the average monthly volume, not with some information obtained by the Contractor from other sources (predicted, calculated, taken by analogy, by the words of neighbors, etc. ) and not with the testimony of previous settlement periods, namely with " volume of utility resource that was presented with consumer Contractor»;
2.2. This discrepancy was identified " in the course carried out by the Contractor to verify the accuracy of information provided by the consumer about the testimony of individual, general (apartment), household appliances and (or) verification of their status»;
2.3. " The accounting device is in good condition, including seals on it is not damaged.».

Cases of checks

Since item 61 of Rules 354 establishes that the discrepancy between the testimony of the recorded accounting device and the volume of consumption provided by the Contractor provided by the Contractor is established during the inspection, we indicate what verification is in question and in what cases this test is carried out.

Analyzed norm, in terms of the description of the character of the inspection literally establishing: " checking the accuracy of information provided by the consumer about the testimony of individual, general (apartment), household appliances and (or) verification of their status", That is, we are talking about three options for checking:
1. Check the accuracy of information provided by the consumer about the testimony of individual, general (apartment), household appliances;
2. Checking the state of individual, general (apartment), household appliances;
3. Check the accuracy of information provided by the consumer about the testimony of individual, general (apartment), household appliances and checking the state of individual, general (apartment), household appliances.

It should be noted that when conducting an audit to apply paragraph 61 of Rules 354, in any case, a third-type test is required (a comprehensive check of both the testimony of the device and its state), since the Contractor, by virtue of the requirements of paragraph 61 of Rules 354, should establish that " the accounting device is in good condition, including seals on it is not damaged.", That is, when you check only the accuracy of information about the readings of the device, in any case, it is necessary to check its condition, and when checking only the state of the device for assessing the accuracy of its testimony, these readings must be checked. Thus, a text design that allows us to consider separately three types of checks, it seems absolutely excessive, although it is not a legally no violation.

Consequently, in this article we will talk about a comprehensive verification of the readings of the accounting device and its condition (hereinafter referred to as the text - verification).

According to subparagraph "F" of clause 31, the Contractor is obliged to verify, but the specified norm does not set the timing and frequency of such inspections.

Paragraph 82 of Rules 354 confirms the above standard:
« 82. The Contractor must:
a) carry out verification of the state of established and commissioned individual, general (apartment), household appliances and distributors, the fact of their presence or absence;
b) carry out checks of the accuracy of the information provided by consumers about the readings of individual, general (apartment), household instruments of accounting and distributors by reconciling them with the testimony of the corresponding metering device at the time of the inspection (in cases where the readings of such accounting devices and distributors can be consistent)».

Paragraph 83 of Rules 354 Sets the frequency limits:
« 83. The checks specified in paragraph 82 of these Rules should be carried out by the Contractor at least 1 time per year, and if the audited metering devices are located in the residential room of the consumer, then no more than 1 time in 3 months».

Subparagraph "g" of paragraph 32 of the Rules 354 partially duplicates paragraph 83 and additionally establishes restrictions on the frequency of inspections of devices installed in non-residential premises and outdoors and households. According to subparagraph "G" of clause 32 of the Rules 354, the Contractor has the right to conduct inspections, but not more often than 1 time in 3 months if the accounting device is installed in a residential building or home ownership, and no more than 1 time per month in the event of an accounting device in non-residential The room, as well as outdoors and households in the place, the artist's access to which can be carried out without the presence of the consumer. At the same time, according to the subparagraph "F" of clause 34 of the Rules 354, the consumer is obliged to allow the Contractor to a residential premises or a homeowing for verification in advancely agreed in the manner specified in paragraph 85 of Rules 354, time, but not more often than 1 time in 3 months.

The above rules do not establish specific timing of the inspections, but only establish limitations. Some norms establish more specific timing of inspections in some cases.

For example, according to subparagraph "K (4)" of clause 33 of Rules 354, the consumer has the right to demand verification from the Contractor. The Contractor according to subparagraph "E (2)" of paragraph 31 of the Rules 354 is obliged to check the consumer's application within 10 days after receiving such an application.

The right and obligation to determine the specific timing of inspections are subject to the parties to the contract containing the provisions on the provision of utilities - that is, the Contractor and consumers of utilities. Subparagraph "and" of paragraph 19 of Rules 354 establishes: " The contract containing the provisions on the provision of utilities should include: the frequency and procedure for carrying out inspections of the presence or absence of individual, general (apartment), household appliances, distributors and their technical condition, the reliability of information provided by the consumer about the readings of such metering devices and distributors provided by the consumer».

Failure to submit by consumer readings IPU

Another case of the verification is regulated by paragraph 84 of Rules 354, which establishes: " With the failure of the consumer, the Contractor of the Individual or General (apartment) accounting instrument for 6 months in a row, the Contractor no later than 15 days from the date of the expiration of the specified 6-month term, which is established by the contract containing the provisions on the provision of utilities, and (or) decisions The general meeting of the owners of premises in an apartment building is obliged to conduct a verification specified in paragraph 82 and decorate the reading of the accounting».

Earlier, an article "" article was published on the ACATO website, which caused a lot of disputes on the issue, whether the Contractor is obliged to conduct on the basis of paragraph 84 of the rules 354, to produce in accordance with paragraph 61 of Rules 354 recalculation of the amount of fee for utilities, since actually consumed the volume of services defined by the instrument testimony for the period of failure to submit readings does not coincide with the amount of the amount calculated on the average monthly volume and / or consumption standards.

Let's analyze this question.

Paragraph 84 really obliges to conduct an inspection after 6 months of non-submission by the consumer of information on the reading of the accounting device. Paragraph 61 really establishes that according to the results of the inspection, the Contractor must recall, but it is necessary to pay attention to what recalculation is made in the case of " if in the course carried out by the Contractor to verify the accuracy of information provided by the consumer about the testimony of individual, general (apartment), household instruments and (or), the executor will be established that the accounting device is in good condition, including the seals on it is not damaged, But there are discrepancies between the testimony of the recorded metering device (distributors) and the volume of the utility resource, which was presented by the consumer to the Contractor ».

In case the consumer did not make the Contractor about the readings of the accounting devices, that is, the amount of consumed communal resource submitted by the consumer is not determined, then it is impossible to determine the difference between the actual reading of the accounting device and the consumer presented, and since it is the cost of this volume of discrepancies and is the size of recalculation, then the size of the recalculation is not subject to definition.

Consequently, it is in the case of non-submission by the consumer of information on the readings of the accounting device, paragraph 61 of Rules 354 not applicable.

At the same time, paragraph 84 of Rules 354 obliges the Contractor during the inspection after the expiration of the 6-month period of failure to submit the consumer reading the metering instrument to relieve the readings of this device. However, no rule indicates that the Contractor is obliged to apply the readings taken when determining the size of the recalculation, including the application of the testimony taken by the Contractor is not provided about and paragraph 61 of Rules 354.

Application of paragraph 61.

Based on the foregoing, paragraph 61 of Rules 354 is applied solely if, when conducting an inspection, the fact that the consumer is transferred to the consumer of unreliable reading of the accounting device. Such a check can be carried out either at the initiative of the Contractor (subparagraph "W" of clause 31, subparagraph "g" of paragraph 32, paragraph 82 of rules 354), or at the initiative of the consumer (subparagraph "E (2)" of paragraph 31 and subparagraph "K (4 ) "Paragraph 33 of Rules 354), or in accordance with the approved agreement on the provision of utilities, the procedure and frequency (subparagraph" and "of paragraph 19 of Rules 354).

Consider examples of application of paragraph 61 of Rules 354.

Example 1.

Let the Contractor conducted an inspection of the consumer accounting device for the first number of the month N1 and found that the testimony of Cold water consumption is 100 cubic meters. In the month of N2, the consumer referred to the reading of the accounting device of 102 cubic meters, the Contractor presented the consumption of 2 cubic meters of water for the month N1. In a month, N3, the consumer told the Contractor to the IPU 105 cubic meters, the Contractor presented the consumption of 3 cubic meters of water for the month of N2. In the month of N4, the consumer informed the Contractor to the IPU 107 cubic meters, the Contractor presented the consumption of 2 cubic meters of water for the month of N3. In the same month, the N4 performer conducted an inspection of the accounting device and found that the transmitted accounting readings are unreliable, and on the fact the device at the time of the check shows 110 cubic meters. In this case, the performer applies paragraph 61 of Rules 354, namely:
- sets the volume of discrepancies in the amount of 3 cubic meters (110-107);
- directs the consumer on time set to pay for the volume of water for the month N4, the requirement to make a decisive fee in the amount of the cost of 3 cubic meters of water;
- if the consumer in the month of N5 passed the testimony of the device in the amount of 112 cubic meters, then the performer per month N5 presents for payment for the month N4 revealed discrepancy in the amount of 3 cubic meters and transmitted by the consumer 2 cubic meters (112-110), There are only 5 cubic meters.

Monthly, the contractor places consumer to pay: 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 accounting device at the time of the check in the month N1 (100 cubic meters) and the testimony of the device transmitted by the consumer in the month N5 (112 cubic meters).

Example 2.

Suppose that in the above example 1, the performer during the inspection in the month N4 found that the actual readings of the IPU are 106 cubic meters. In this case, the performer applies paragraph 61 of Rules 354, namely:
- sets the volume of discrepancies in the amount of 1 cubic meter (107-106);
- sends to the consumer on time set to pay for water volume for the month N4, the notification of the amount of excessive consumer charges for water in the amount of 1 cubic meter;
- If the consumer in the month N5 passed the testimony of the device in the amount of 109 cubic meters, then the performer per month N5 takes into account the excessive amount of 1 cubic meter and the consumer transmitted 3 cubic meters (109-106), that is, 2 cubic meters .

Monthly, the performer places consumer to pay: 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 accounting instrument at the time of the check in the month N1 (100 cubic meters) and the testimony of the device transmitted by the consumer in the month N5 (109 cubic meters).

Inapplication of paragraph 61.

Example 1.

The Contractor presented for payment to the consumer in a month N5 per month N4 volume of 3 cubic meters, in a month N6 per month N5 - 3 cubic meters and in a month N7 per month N6 - 3 cubic meters. In a month 7, the Contractor conducted an inspection and found that the reading of the accounting device is 15 cubic meters. The indicator data performed as initial readings by IPU to calculate the amount of consumption for the month N7, while no recalculation is made, since the testimony has not been transmitted, and recalculation according to paragraph 61 of Rules 354 is possible only when IPU testimony is identified.

Despite the fact that according to IPU testimony for 6 months, the consumer consumes 15 cubic meters (15-0), for payment it was presented: month N1 - 2 cubic meters, month N2 - 3 cubic meters, month N3 - 4 cubic meters. meter, month N4 - 3 cubic meters, month N5 - 3 cubic meters, month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually paid for the 3 cubic meters-consumed 3 cubic meters, but it was precisely such an order by the current legislation.

Example 2.

Let the Contractor accepted the consumer's IPU to account from the first day of the month N1 and found that the testimony of Cold water consumption is 0 cubic meters. In a month N2, the consumer referred to the reading of the recording instrument of 2 cubic meters, the Contractor presented to pay consumption of 2 cubic meters of water for the month N1. In a month, N3, the consumer told the Contractor to the IPU 5 cubic meters, the Contractor presented to pay consumption of 3 cubic meters of water for the month N2. In the month of N4, the consumer told the Contractor of the IPU 9 cubic meters, the Contractor presented the consumption of 4 cubic meters of water for the month of N3.

Further, the consumer has ceased to transfer the readings to the Contractor of the Accounting Device, and the Contractor began to maintain the average monthly readings of the accounting device (), which for three months amounted to (9-0) / 3 \u003d 3 cubic meters

The Contractor presented for payment to the consumer in a month N5 per month N4 volume of 3 cubic meters, in a month N6 per month N5 - 3 cubic meters and in a month N7 per month N6 - 3 cubic meters. In a month, 7, the Contractor conducted an inspection and found that the reading of the accounting device is 20 cubic meters. These indications, the Contractor defines as initial readings by IPU to calculate the amount of consumption for the month N7, while no recalculation is made, since the testimony has not been transmitted, and recalculation according to paragraph 61 of the Rules 354 is possible only when unreliable transferred by the consumer by the Contractor Indications IPU.

Despite the fact that according to IPU testimony for 6 months, the consumer consumes 20 cubic meters (20-0), to payment it was presented: month N1 - 2 cubic meters, month N2 - 3 cubic meters, month N3 - 4 cubic meters. meter, month N4 - 3 cubic meters, month N5 - 3 cubic meters, month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually consumed on 2 cubic meters of water more than paid, but it was precisely such an order with the current legislation. Specified 2 cubic meters will increase the volume of utility resources consumed in the content of common property, and will be a loss of the contractor of utilities.

conclusions

It establishes that the Contractor is obliged to recalculate if, in the course of the verification of the accuracy of the information provided by the consumer on the readings of individual, general (apartment), household instruments and (or), the executor will be established that the accounting device is in good condition, including seals on it is not damaged, but there are discrepancies between the testimony of a tested metering device (distributors) and the volume of utility resource, which was presented by the consumer to the Contractor and was used by the Contractor in calculating the amount of the Communal Service for the preceding checking period.

This norm is applicable only if the consumer referred to the Contractor in unreliable information on the readings of the accounting device, but not applicable if the consumer did not communicate at the Contractor at the IPU.

Note: Analysis of paragraph 61 of Rules 354 was carried out on the appeal of South-West LLC.
If you have suggestions on the need to explain the current issues of the housing area,
You can direct the appropriate appeals to Akato to the email address
In the case of the consent of the AKATO experts with the need to analyze the issues you have proposed,
The relevant article will be prepared and published on the ACATO website.

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The management of housing and communal services is a sufficient complicated event, especially when it comes to ensuring normal conditions for the population. The extensive legislative base, which is characteristic of this sphere, undergoes regular changes, is improved and updated.
Today we will talk about the main document that regulates the relationship between consumers and utilities - the 354th ruling and its main provisions.

Communal Services: Legislative Regulation

The fundamental document that regulates the relationship between utilities and consumers is a government ruling under the number 307, which entered into force in 2006. The official name: "Rules for the provision of utilities to citizens." This document was repeatedly subjected to changes and additions until 2011. At this time, the next government decree under number 354 appears, according to which the previous document loses its strength, except for its individual provisions. Articles 15-28 inclusive remain no amendments. In particular, we are talking about the supply and payment of resources, such as water, electricity, so on.

In 2014, this ruling is again subjected to significant changes and is already published in the new edition. The procedure for providing utilities to consumers is regulated here. An edited resolution provides for the loss of the strength of the above provisions since early July 2016.

Changes that touched the rules in 2015

First of all, the changes in the legislation touched upon citizens who are owned by housing, where special general-friendly, as well as individual accounting devices were not established. According to the new rules, if there is no documentary confirmation regarding the impossibility of installing accounting devices, the payment for the consumed resources will be carried out otherwise. The detention of the decision is made on the basis of the document of the Commission, which participated in the study of these capabilities.

We are talking about the use of an increase in the coefficient. In the first half of the year, this indicator was equal to 1.1. In the second half of the year he reached 1.2. We predict that in 2017 the indicator will be equal already 1.6. This indicator will take on the reference point for further calculations.
In addition, the changes touched the organizations that supply water to the population. From the second half of the year they are charged with the obligation to control the parameters of the resource provided. When performing the task, organizations should carry out the selection of water samples, which will be examined in laboratory conditions with the results of the results in a special magazine. All interested persons are entitled to receive extracts from such a document, as well as other organizations.

About the general provisions of the rules

The document reporting in this article is quite extensive because it consists of a large number of important sections.
The first one includes general provisions.

Despite the general nature of the narrative, it is worth familiar with it to everyone, since it reveals the target appointment of the rules set out - regulation of relations between utilities suppliers and their consumers.

Here the procedure for calculating / paying services provided, taking into account the readings of the instruments and without them, is explained by frequently used in the document, without an understanding of which it is quite difficult to interpret the essence of the rules. In addition, the procedure for issuing contracts for the provision of services, their payment and probable changes are given, a detailed description of the rights and obligations of consumers and service providers is given.

Affects the document and responsibility of the parties in case of non-compliance with the obligations marked by the contract.

Consumer services, his rights and obligations

The duties of the consumer is imputed:

• careful use of engineering communications provided for in the apartment;
• ensuring the timely tolerance of public utilities employees to objects, including accounting devices, to verify and relieve indications.

A separate point is negotiated by the consumer's duty regarding immediate notification and admission of specialized services in the event of an accident or any malfunctions related to the condition of apartment or generalic communications. Timely implementation of payments for utilities, notification of increasing / decreasing the number of residents living in the apartment also included in this list.

Receipt of relevant quality services provided to the main consumer rights.

The latter can always count on receiving clarifications from public utilities regarding the quality and payment of services, as well as the use of mandatory accounting devices.

As for the quality of the services supplied, a whole section decorated in the form of an application number 1 is devoted to this aspect in the ruling.

Here you can find:

• with possible technical parameters of hot and cold water;
• with permissible temperature of the coolant temperature in the heating system;
• with prescribed pressure parameters in the water and gas supply system, heating;
• with high-quality indicators of energy supplied and the duration of their feed.

Service provider, his rights and obligations

This aspect is dedicated to the fourth section of the rules. We recommend to familiarize yourself with it most carefully.

It is clear here:

• the service provider must fulfill their duties in full and in the capacity whose norms are established by law;
• all incoming complaints, complaints, consumer requirements must be recorded in a special journal, after which measures taken to eliminate them. A written report on the results is sent to the applicant as provided for by the deadlines.

Among other duties, it is also registered at the request of the consumer, the conclusion of contracts with energy suppliers, timely notification of the termination of the supply of services, so on.

The unconditional right of public utilities is the requirement of payment of services provided, accruals of penalties in delay in payments.

The procedure for calculating and paying utilities

The estimated payment period should not exceed one calendar month. The amount of monthly payments is established according to the tariffs of service providers. At the same time, local conditions are taken into account, as well as existing surcharges regarding tariffs developed at the state level. In payment receipts, services provided for housing and generalic needs should be delimited. For calculations and rules for their implementation, a separate section is given.

There are cases of applications in detail here:

• according to the testimony of accounting devices / in the case of their absence;
• subject to partial accommodation with housing counters.

Appendix No. 2 shows formulas for the work of calculations. In addition, they negate the timing of the payment, which fall on the 10th day of the month, which follows the calculated one. When paying by payment receipts of the Contractor - until the beginning of the month. Other times can be established exclusively in cases where it is provided for by the contract.

Disputes between suppliers and consumers of utilities: settlement

Often controversial moments in this case arise:

• due to incorrect settlement of utility bills;
• failure to fulfill the direct duties of employees of the communal sphere or their implementation in incomplete. It is about eliminating the causes of problems in the subordinate household.

In accordance with the rules, in these cases, the consumer should contact the service provider's office, where to write a corresponding statement. The report on the measures taken is provided to the applicant in writing.

In case of inaction of public services, the consumer has the right to appeal with a complaint against the Society for the Protection of Consumer Rights, the prosecutor's office, the highest instance.

You can get full on our website.

Approved

Decree of Government

Russian Federation

REGULATIONS
Communal services to owners
And users of premises in apartment buildings
And residential houses

Resolution of the Government of the Russian Federation of May 6 No. 354 (in ed. from 09/09/2017) "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings" (together with the "Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings")

VII. The procedure for accounting for utility services using accounting devices, grounds and procedures for conducting checks of the state of accounting devices and the correctness of their readings

VIII. The procedure for recalculating the size of the board for certain types of utilities for the period of temporary absence of consumers in a residential premises that is not equipped with an individual and (or) common (apartment) accounting instrument

I. X. Cases and grounds for resizing for utility services in providing utility services of inadequate quality and (or) with interruptions exceeding the established duration, as well as during interruptions in the provision of utilities for repair and preventive operations within the established duration of interruptions

X. The procedure for establishing the fact of providing utility services of inadequate quality and (or) with interruptions exceeding the established duration

XIII. Features of the provision of communal services of gas supply consumers for the centralized network of gas supply

Appendix No. 1. To the rules for providing utilities to owners and users of premises in apartment buildings and residential buildings. Communal services quality requirements

Appendix No. 2. To the rules for providing utilities to owners and users of premises in apartment buildings and residential buildings. Calculation of payment fees for utilities

I. Calculation of the amount of payment for a communal service provided to the consumer for the estimated period in the I-M residential room (residential building, apartment) or non-residential premises

II. Calculation of the amount of fee for a utility service provided to the consumer for the estimated period in the j-th room held by him in the I-th municipal apartment

II (1). Calculation of the board sizefor a communal service to handle solidutility waste provided to the consumerfor the estimated period in the I-M residential room (residential building,apartment) or non-residential room, as well as in the occupiedthey j-th room (rooms) in the I-th municipal apartment

III. Calculation of the size of the communal service fee provided for the estimated period for general-friendly needs in an apartment building

IV. Calculation of the size of the communal service feeon heating and (or) hot water supply,consumer provided for the estimated periodin the residential room (apartment) or non-residential roomwith independent production by the Contractorin the apartment building of the communal serviceheating and (or) hot water supply

V. The size of the communal service fee provided for the estimated period to the consumer in home ownership when using the land plot and arranged on it, in the event that the home ownership is not equipped with an individual accounting instrument of the relevant type of utility resource

Paragraph 61 of the rules for providing utilities to owners and users of premises in apartment buildings and residential buildings, approved by PP of the Russian Federation of 06.05.2011 No. 354 (hereinafter referred to as Rules 354) provides for the obligation of a communal service performer to recalculate if, when verifying the reliability of information on the readings of an individual accounting instrument (hereinafter referred to as IPU) discrepancies between the information provided by the consumer and actual readings of the IPU. In this article, we analyze cases under which recalculation is carried out in accordance with clause 61 of Rules 354, and the cases in which the specified norm is not applicable., Writes acato.ru.

What installs paragraph 61 of Rules 354?

We will quote Paragraph 61 of Rules 354: "61. If in the course carried out by the Contractor to verify the accuracy of information provided by the consumer about the testimony of individual, general (apartment), household instruments and (or), the executor will be established that the accounting device is in good condition, including the seals on it is not damaged, But there are discrepancies between the testimony of the tested metering device (distributors) and the volume of the utility resource, which was brought by the consumer to the Contractor and was used by the Contractor when calculating the amount of fee for a communal service for the estimated billing period, the Contractor is obliged to recalculate the amount of payment for utilities and send the consumer On the deadlines set to pay for utility services for the estimated period in which the Contractor was verified, the requirement for making a decisive fee for communal services provided to the consumer or notice of the amount of utility fees, too elephant consumer. Excessive consumer paid amounts are subject to test when paying for future settlement periods.

Recalculation of the size of the board must be made on the basis of the testimony taken by the Contractor during the testing of the accounting instrument.

At the same time, if the consumer is not yet proved, the volume (number) of the municipal resource in the amount of the difference in the difference in the testimony is considered consumed by the consumer during the calculated period in which the Contractor was verified. "

From the above standard follows:

1. Recalling the communal service fee is carried out in compliance with a number of requirements:

1.1. "The recalculation of the amount of the board must be made on the basis of the testimony of the reading device taken by the Contractor during the verification.

1.2. "The Contractor is obliged ... to send the consumer within the time set to pay for utility services for the billing period, in which the Contractor was verified, the requirement for making a decisive fee for communal services provided to the consumer or notice of the amount of utility fees, which is superfluous to the accrued consumer. The amount paid by the consumer amounts are subject to test when paying for future settlement periods ";

1.3. "The volume (number) of the municipal resource in the amount of detected difference in the testimony is considered consumed by the consumer during the exhaust period in which the performer conducted a check", "if the consumer will not be proven otherwise."

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

2.1. "There are discrepancies between the testimony of the recorded metering device (distributors) and the volume of the utility resource, which was brought by the consumer to the Contractor and used by the Contractor when calculating the amount of the Communal Service fee." It is important to note that the rule directly indicates the divergence of the actual indication of the device not with the regulatory volume of consumption, not with the average monthly volume, not with some information obtained by the Contractor from other sources (predicted, calculated, taken by analogy, by the words of neighbors, etc. ) and not with the testimony of previous settlement periods, namely, with the "communal resource volume, which was presented with consumer performer ";

2.2. This discrepancy was revealed "in the course carried out by the Contractor to verify the accuracy of the information provided by the consumer about the indications of individual, general (apartment), household instruments and (or) verification of their condition";

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

Cases of checks

Since item 61 of Rules 354 establishes that the discrepancy between the testimony of the recorded accounting device and the volume of consumption provided by the Contractor provided by the Contractor is established during the inspection, we indicate what verification is in question and in what cases this test is carried out.

The analyzed norm, in terms of the description of the character of the inspection, is literally establishing: "Check the accuracy of the information provided by the consumer about the testimony of individual, general (apartment), household appliances and (or) of their state," that is, we are talking about three options for checking:

1. Check the accuracy of information provided by the consumer about the testimony of individual, general (apartment), household appliances;

2. Checking the state of individual, general (apartment), household appliances;

3. Check the accuracy of information provided by the consumer about the testimony of individual, general (apartment), household appliances and checking the state of individual, general (apartment), household appliances.

It should be noted that when conducting a check in order to apply paragraph 61 of Rules 354, in any case, a third-type check is required (a comprehensive check of both the instrument testimony and its condition), since the Contractor, by virtue of the requirements of paragraph 61 of the Rules 354, must establish that "the device Accounting is in good condition, including seals on it is not damaged, "that is, when checking only the accuracy of information about the readings of the device, in any case, it is necessary to check its condition, and when testing only the state of the device to assess the reliability of its testimony, these indications need to check. Thus, a text design that allows us to consider separately three types of checks, it seems absolutely excessive, although it is not a legally no violation.

Consequently, in this article we will talk about a comprehensive verification of the readings of the accounting device and its condition (hereinafter referred to as the text - verification).

According to subparagraph "F" of clause 31, the Contractor is obliged to verify, but the specified norm does not set the timing and frequency of such inspections.

Paragraph 82 of Rules 354 confirms the above standard:

"82. The Contractor must:

a) carry out verification of the state of established and commissioned individual, general (apartment), household appliances and distributors, the fact of their presence or absence;

b) Conduct the confidence of information provided by consumers about the readings of individual, general (apartment), room-contained accounting and distributors by reconciling them with the indications of the appropriate metering device at the time of the check (in cases where the readings of such accounting devices and distributors are carried out by consumers). "

Paragraph 83 of Rules 354 Sets the frequency limits:

"83. The checks specified in paragraph 82 of these Rules should be carried out by the Contractor at least once a year, and if the audited metering devices are located in the residential room of the consumer, then no more than 1 time in 3 months. "

Subparagraph "g" of paragraph 32 of the Rules 354 partially duplicates paragraph 83 and additionally establishes restrictions on the frequency of inspections of devices installed in non-residential premises and outdoors and households. According to subparagraph "G" of clause 32 of the Rules 354, the Contractor has the right to conduct inspections, but not more often than 1 time in 3 months if the accounting device is installed in a residential building or home ownership, and no more than 1 time per month in the event of an accounting device in non-residential The room, as well as outdoors and households in the place, the artist's access to which can be carried out without the presence of the consumer. At the same time, according to the subparagraph "F" of clause 34 of the Rules 354, the consumer is obliged to allow the Contractor to a residential premises or a homeowing for verification in advancely agreed in the manner specified in paragraph 85 of Rules 354, time, but not more often than 1 time in 3 months.

The above rules do not establish specific timing of the inspections, but only establish limitations. Some norms establish more specific timing of inspections in some cases.

For example, according to subparagraph "K (4)" of clause 33 of Rules 354, the consumer has the right to demand verification from the Contractor. The Contractor according to subparagraph "E (2)" of paragraph 31 of the Rules 354 is obliged to check the consumer's application within 10 days after receiving such an application.

The right and obligation to determine the specific timing of inspections are subject to the parties to the contract containing the provisions on the provision of utilities - that is, the Contractor and consumers of utilities. Subparagraph "and" of clause 19 of Rules 354 establishes: "Agreement containing regulations on the provision of utilities must include: the frequency and procedure for conducting the inspection of the presence or absence of individual, general (apartment), household appliances, distributors and their technical condition, reliability provided by the consumer information about the testimony of such accounting devices and distributors. "

Failure to submit by consumer readings IPU

Another case of the inspection is regulated by clause 84 of Rules 354, which establishes: "With the failure of the consumer, the Contractor of the Individual or General (apartment) metering device for 6 months in a row, the Contractor is no later than 15 days from the date of the expiration of the specified 6-month term, in other times, The established contract containing provisions on the provision of utilities, and (or) decisions of the general meeting of the owners of premises in an apartment building is obliged to conduct a verification specified in paragraph 82 and decorate the reading of the accounting device. "

Previously, an article was published on Akato's website. Calculation when non-submission of indications"During a lot of disputes on the question, whether the Contractor is obliged to conduct an inspection on the basis of paragraph 84 of the rules of 354, to produce in accordance with paragraph 61 of Rules 354 recalculate the amount of fee for a communal service, since actually consumed the amount of service determined by the device testimony for the non-submission period Indications, does not coincide with payment for the specified period, calculated on the average monthly volume and / or consumption standards.

Let's analyze this question.

Paragraph 84 really obliges to conduct an inspection after 6 months of non-submission by the consumer of information on the reading of the accounting device. Clause 61 really establishes that according to the results of the inspection, the Contractor is obliged to recalculate, but it is necessary to pay attention to what recalculation is made in the case of "if in the course of the readings of the Individual, General (apartment), household instruments carried out by the Contractor and (Apartment) or) the verification of their state by the Contractor will be established that the accounting device is in good condition, including the seals on it is not damaged, but there are discrepancies between the readings of the tested metering device (distributors) and the volume of the utility resource, which was presented by the consumer to the Contractor».

In case the consumer did not make the Contractor about the readings of the accounting devices, that is, the amount of consumed communal resource submitted by the consumer is not determined, then it is impossible to determine the difference between the actual reading of the accounting device and the consumer presented, and since it is the cost of this volume of discrepancies and is the size of recalculation, then the size of the recalculation is not subject to definition.

Consequently, it is in the case of non-submission by the consumer of information on the readings of the accounting device, paragraph 61 of Rules 354 not applicable.

At the same time, paragraph 84 of Rules 354 obliges the Contractor during the inspection after the expiration of the 6-month period of failure to submit the consumer reading the metering instrument to relieve the readings of this device. However, no rule indicates that the Contractor is obliged to apply the readings taken when determining the size of the recalculation, including the application of the testimony taken by the Contractor is not provided about and paragraph 61 of Rules 354.

Application of paragraph 61.

Based on the foregoing, paragraph 61 of Rules 354 is applied solely if, when conducting an inspection, the fact that the consumer is transferred to the consumer of unreliable reading of the accounting device. Such a check can be carried out either at the initiative of the Contractor (subparagraph "W" of clause 31, subparagraph "g" of paragraph 32, paragraph 82 of rules 354), or at the initiative of the consumer (subparagraph "E (2)" of paragraph 31 and subparagraph "K (4 ) "Paragraph 33 of Rules 354), or in accordance with the approved agreement on the provision of utilities, the procedure and frequency (subparagraph" and "of paragraph 19 of Rules 354).

Consider examples of application of paragraph 61 of Rules 354.

Example 1.

Let the Contractor conducted an inspection of the consumer accounting device for the first number of the month N1 and found that the testimony of Cold water consumption is 100 cubic meters. In the month of N2, the consumer referred to the reading of the accounting device of 102 cubic meters, the Contractor presented the consumption of 2 cubic meters of water for the month N1. In a month, N3, the consumer told the Contractor to the IPU 105 cubic meters, the Contractor presented the consumption of 3 cubic meters of water for the month of N2. In the month of N4, the consumer informed the Contractor to the IPU 107 cubic meters, the Contractor presented the consumption of 2 cubic meters of water for the month of N3. In the same month, the N4 performer conducted an inspection of the accounting device and found that the transmitted accounting readings are unreliable, and on the fact the device at the time of the check shows 110 cubic meters. In this case, the performer applies paragraph 61 of Rules 354, namely:

Sets the volume of discrepancies in the amount of 3 cubic meters (110-107);

Sends to the consumer on time set to pay for the volume of water for the month N4, the requirement to make a decisive fee in the amount of the cost of 3 cubic meters of water;

If the consumer in the month N5 referred to the instrument's testimony in the amount of 112 cubic meters, then the performer per month N5 makes it possible for payment for the month N4 revealed discrepancy in the amount of 3 cubic meters and the consumer transmitted 2 cubic meters (112-110), that is, Total 5 cubic meters.

Monthly, the contractor places consumer to pay: 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 accounting device at the time of the check in the month N1 (100 cubic meters) and the testimony of the device transmitted by the consumer in the month N5 (112 cubic meters).

Example 2.

Suppose that in the above example 1, the performer during the inspection in the month N4 found that the actual readings of the IPU are 106 cubic meters. In this case, the performer applies paragraph 61 of Rules 354, namely:

Sets the volume of discrepancies in the amount of 1 cubic meter (107-106);

Sends to the consumer on time set to pay for water volume for the month N4, the notification of the amount of excessive consumer charges for water in the amount of 1 cubic meter;

If the consumer in the month N5 passed the testing of the device in the amount of 109 cubic meters, then the performer per month N5 takes into account the excessive amount of 1 cubic meter and the volume transmitted by the consumer 3 cubic meters (109-106), that is, 2 cubic meters.

Monthly, the performer places consumer to pay: 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 accounting instrument at the time of the check in the month N1 (100 cubic meters) and the testimony of the device transmitted by the consumer in the month N5 (109 cubic meters).

Inapplication of paragraph 61.

Example 1.

The Contractor presented for payment to the consumer in a month N5 per month N4 volume of 3 cubic meters, in a month N6 per month N5 - 3 cubic meters and in a month N7 per month N6 - 3 cubic meters. In a month 7, the Contractor conducted an inspection and found that the reading of the accounting device is 15 cubic meters. The indicator data performed as initial readings by IPU to calculate the amount of consumption for the month N7, while no recalculation is made, since the testimony has not been transmitted, and recalculation according to paragraph 61 of Rules 354 is possible only when IPU testimony is identified.

Despite the fact that according to IPU testimony for 6 months, the consumer consumes 15 cubic meters (15-0), for payment it was presented: month N1 - 2 cubic meters, month N2 - 3 cubic meters, month N3 - 4 cubic meters. meter, month N4 - 3 cubic meters, month N5 - 3 cubic meters, month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually paid for the 3 cubic meters-consumed 3 cubic meters, but it was precisely such an order by the current legislation.

Example 2.

Let the Contractor accepted the consumer's IPU to account from the first day of the month N1 and found that the testimony of Cold water consumption is 0 cubic meters. In a month N2, the consumer referred to the reading of the recording instrument of 2 cubic meters, the Contractor presented to pay consumption of 2 cubic meters of water for the month N1. In a month, N3, the consumer told the Contractor to the IPU 5 cubic meters, the Contractor presented to pay consumption of 3 cubic meters of water for the month N2. In the month of N4, the consumer told the Contractor of the IPU 9 cubic meters, the Contractor presented the consumption of 4 cubic meters of water for the month of N3.

Further, the consumer has ceased to transfer the readings to the Contractor to the Accounting Device, and the Contractor began to conduct a calculation on the average monthly reading of the accounting device ( subparagraph "B" of clause 59 of Rules 354) who for three months amounted to (9-0) / 3-3 cubic meters

The Contractor presented for payment to the consumer in a month N5 per month N4 volume of 3 cubic meters, in a month N6 per month N5 - 3 cubic meters and in a month N7 per month N6 - 3 cubic meters. In a month, 7, the Contractor conducted an inspection and found that the reading of the accounting device is 20 cubic meters. These indications, the Contractor defines as initial readings by IPU to calculate the amount of consumption for the month N7, while no recalculation is made, since the testimony has not been transmitted, and recalculation according to paragraph 61 of the Rules 354 is possible only when unreliable transferred by the consumer by the Contractor Indications IPU.

Despite the fact that according to IPU testimony for 6 months, the consumer consumes 20 cubic meters (20-0), to payment it was presented: month N1 - 2 cubic meters, month N2 - 3 cubic meters, month N3 - 4 cubic meters. meter, month N4 - 3 cubic meters, month N5 - 3 cubic meters, month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually consumed on 2 cubic meters of water more than paid, but it was precisely such an order with the current legislation. Specified 2 cubic meters will increase the volume of utility resources consumed in the content of common property, and will be a loss of the contractor of utilities.

conclusions

Paragraph 61 of Rules 354 It establishes that the Contractor is obliged to recalculate if, in the course of the verification of the accuracy of the information provided by the consumer on the readings of individual, general (apartment), household instruments and (or), the executor will be established that the accounting device is in good condition, including seals on it is not damaged, but there are discrepancies between the testimony of a tested metering device (distributors) and the volume of utility resource, which was presented by the consumer to the Contractor and was used by the Contractor in calculating the amount of the Communal Service for the preceding checking period.

This norm is applicable only if the consumer referred to the Contractor in unreliable information on the readings of the accounting device, but not applicable if the consumer did not communicate at the Contractor at the IPU.

P. S. Analysis of paragraph 61 of Rules 354 was carried out on the appeal of LLC South-West. If you have suggestions on the need to explain the current issues of the housing area, you can direct the appropriate appeals to Akato to the email address [Email Protected] In the case of the consent of the ACTO experts with the need to analyze the issues proposed by you, the relevant article will be prepared and published on the ACATO website.