Resolution of 354 housing and communal services with the latest changes. Government Decision on the provision of utilities to owners and users of premises in apartment buildings and residential buildings - Russian newspaper

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.

All conscious citizens are interested in the current rules for determining the amount of payments for utilities established at the moment.

Therefore, in accordance with the provisions of Resolution 354, important significant nuances may be identified and certain answers are given regarding the legality of certain actions.

Every citizen of the Russian Federation is considered a consumer of real state resources. The basis for the provision of such resources is the agreement concluded with public utilities.

In accordance with the law under consideration, all citizens of the Russian Federation have the opportunity to carry out recalculation by payments For the provision of utilities. In an updated editorial board and in the additions developed to it are provided with comprehensive information for owners and ordinary users of residential premises regarding possible emerging situations. In legal relationships, the guarantor acts itself.

What is considered in this law

The signing of the resolution was carried out in June 2011. Similar to other applicable legislative acts, this resolution really requires the definition of several very significant amendments that are formulated on a permanent basis without a specific binding to any period.

In accordance with the latest introduced changes, the general needs of citizens in supplying electricity are also discussed in this regulatory act.

We propose to pay attention to change, currently relevant:

In the considered decree clearly regulate Approved consumption standards and further payment of various resources by owners or simple users of residential premises. The updated editorial office will provide explanations within a certain period, more specifically when accrual for a full-fledged service package is made.

In Resolution No. 354, not only is explained in detail rules of work and the procedure for making money Funds as payment for the services of territorial communal organizations and housing and public utilities, but also is considered a specially developed project, which must be performed. The procedure for performing conditions and additional documentation are necessarily given in an annex to the decision.

From September of the next year is carried out planned distribution Regarding a specific performer. Starting from 2016, citizens are exempt from the obligation to regularly provide the testimony of measuring instruments that fix the flow rate of the communal. After making certain adjustments to the resolution under consideration, simplified payment scheme begins to operate.

If we consider location of languid needsIn the current resolution, the scheme of revising the coefficients of the existing rules for water management is indicated. There is also a procedure for the equipment of systems that ensure the satisfaction of general needs, measuring instruments. The President of the Russian Federation signed a decree in accordance with which a decrease in the established tariffing should be made about 10-15%, taking into account the specific region of residence.

IN recalculation issues regarding heating Residential premises This year established tariffs were adjusted. In this situation, citizens can expect to reduce costs for certain services by approximately 15%. On issues of communal services, a new section has been added, describing the rules for the supply of heat into apartment buildings. Starting from this year, the relevant decision of the government entered into force.

If you take into account the general needs, then the payment must be made in accordance with the current tariff plans. All comprehensive information on this issue can be obtained in housing and communal services. If the electricity supply is discontinued for a while, the mandatory recalculation will be carried out in accordance with the established tariffs.

Responsibility of side

On the performer He is responsible to domestic legislation in such situations:

If the Contractor violated the rules for the provision of sufficiently quality services, the consumer can count on exemption from the need for their payment. Also, the consumer in such a situation can demand a penalty in the amount provided for by the Legislative Base of the Russian Federation.

The performer can expect for exemption from liability For granted poor-quality utilities in the situation, if the deterioration occurred due to irresistible circumstances or as a result of the actions of the consumer himself. Unfinished obstacles have no relation to the violation of the obligations of the counterparties approved by the contractor, the lack of necessary funds to provide the quality of the services provided.

Regardless of whether any agreement was concluded between the performer and the consumer, damage compensation As a result of the provision of insufficiently high-quality utilities, it is still planning to legislation. If the lives or health of the consumer was caused by certain damage, the reimbursement is provided for over the next 10 years from the date of granting a not enough quality service. The maximum term for filing a lawsuit for the possibility of consideration of the fact of damage to the consumer is 3 years.

If the Contractor providing services for certain reasons causes damage to the health or property of the consumer, the latter is necessary make an appropriate In several copies (one per each participant, the agreement was signed). If the consumer in order to restore the violated right of the fault of the public utilities suffered certain costs, it can count on their subsequent compensation.

Order of recalculation

Recalculation of payments for certain utility services rendered during the period when the consumer was temporarily absent in the residential premises, is carried out in the manner determined by the norms of domestic legislation.

Such services not applicable Heating of premises.

Recalculation available In a situation where there are no accounting devices in the residential premises, the installation of which is impossible for technical reasons. If it fails to confirm the lack of a real technical capabilities of installing counters, or in a situation where defective counters are not repaired in accordance with the prescribed instructions, the recalculation procedure will not be implemented. Municipal services provided for generalic needs are not subject to any recalculation in the absence of a consumer in the residential premises.

Recalculation of payments For the communal services provided, taking into account the number of calendar days falling on the absence of a consumer in the residential premises. The date of departure and arrival in the cumulative number of days of no lack of interest. The recalculation is traditionally performed by the Contractor over the next 5 working days from the date of receipt of the notification from the consumer in the form of a signed statement.

The quality of the services provided by performers must necessarily comply with the standards established by domestic legislation. If the consumer does not receive what money pays, he is entitled to demand compensation.

Recent key changes

Resolution No. 354 regulates certain requirements for payment documentation, such as invoices, receipts on the introduction of rent.

The main change is considered the need strict indication of the size of one(generalic needs) in certain places of the payment document.

The new rules also indicate the need for preliminary adoption of appropriate measures by the owner who has been established in the residential premises. non-working measuring instrument. Act indicating that counters do not function properly is drawn up in advance. An organization engaged in installing either the repair of measuring devices can be selected by the consumer of utility services arbitrarily. In the first days of each month, accruals are made in accordance with the indicators of meters.

Here is the latter ChangeSubmitted by the Government of the Russian Federation to Resolution No. 354, for which the stories of attention:

1. All accruals for general work (water disposal, heating, electrical energy, cold and hot water) are now related to the categories of housing and are included in the expenditure of residential costs.
2. When calculating general costs, a formula is now involved, which determines the balance between the testimony of accounting general and apartment devices. In the absence of counters mounted on the house, the size of general deductions is determined based on the square of the apartment and the total amount of the area of \u200b\u200bthe community property (calculated in proportion to).
3. The standards that should be applied when calculating general expenses are entered. After the start of their application, all exceedments will be paid at the expense of HOA or management companies.
4. If the owner of the apartment was temporarily absent, then the recalculation of energy costs will be carried out only under the condition of the presence of meters on gas and water. Otherwise, the owner will need to document the fact of his absence, after which he will recalculate.
5. If no one is registered in the apartment, then the contributions to the account of housing and public utilities will be calculated depending on the number of owners.

This legislative act is told in the following video track:

The rules for the provision of utilities are very detailed by the content and procedure for entering into a contract for servicing residential buildings, the provision and accounting of utilities. The main responsibility for activities in this direction is assigned to the management companies. For each type of utility services, two payments are introduced: for consumption directly inside the apartment and for consumption for generalic needs. Measures on the content of generalicity property include measures for energy saving, installation and removal of accounting devices, as well as the cost of maintaining information systems for accounting. These payments are introduced into the receipt for payment by a separate line. The decision determines the general procedure for concluding an energy service contract in residential buildings with payment for its results separately from payment for utilities.

On May 23, information was published on approval of new rules for the provision of utilities. New rules introduced. With the introduction of the New Rules by the Decree of the Government, Resolution No. 307 of May 23, 2006 is canceled and significant changes are made in the Government Decree No. 306 of 05/23/2006 and No. 491 of August 13, 2006. New rules are not immediately introduced immediately, and 2 months after making changes to the procedure for establishing and determining the regulations for the consumption of utilities in the Government Decision No. 306 of 23.05.2006. The Ministry of Regional Development of Russia is entrusted to prepare changes to this document over the next three months.

The rules for the provision of utilities are very detailed by the content and procedure for entering into a contract for servicing residential buildings and the provision and accounting of utilities. The main responsibility for activities in this direction is assigned to the management companies. In terms of concluding contracts, the decision is quite rigidly established for the maintenance of contracts: if the consumer concluded an agreement with the management company, which does not comply with the conditions for the new rules, the provisions of the Government Decree No. 354 dated 06.05.2011 are considered the current norm.

For each type of utility services, two payments are introduced: for consumption directly inside the apartment and for consumption for generalic needs. At the same time, the cost of consumption of utilities for general-friendly needs in an apartment building is introduced. It is ordered by calculations in the case when there is no collective accounting device.

The responsibility of the defaulter is tightened. Now restricting the provision of utilities may occur not after 6 months, as it is now, and after 3 months.

Consumers are given the possibility of imprisoning direct contracts with resource-supplying organizations to provide utilities.

Fully revised the calculation algorithms for utilities, both in the presence of accounting devices and in their absence. The norm is excluded when at the end of the year on consumers who have individual accounting devices installed, all the annual nonbalans of consumption on an apartment building was distributed.

The actual removal operator of accounting devices and the organizer of their operation becomes the management company. Also, the management company becomes an intermediary when fixing the facts of violation of the quality of public services provided.

Measures on the content of generalicity property include measures for energy saving, installation and removal of accounting devices, as well as the cost of maintaining information systems for accounting. These payments are introduced into the receipt for payment by a separate line.

The decision determines the general procedure for concluding an energy service contract in residential buildings with payment for its results separately from payment for utilities. The form of an energy service contract must be developed over the next 5 months by the Ministry of Regional Development and the Ministry of Economic Development.

Every citizen is interested, what a rule of calculating the cost of utilities is currently valid. Therefore, clause Art. 354 can reveal important questions, and give answers as it established the law.

Resolution 354 with the latest changes 2016,

The position from the Government of the Russian Federation on utilities was created in June 2011. After that, the law was required to make amendments, so every year in April, March, July, May, mid-June and in other months a new project was introduced. The Russian law for this period is valid according to the latest amendments. It is worth examining this right before considering amendments.

The Federal Law in Resolution 354 contains such sections:

• Providing services that the user will receive and the owner of the premises;
• The condition and main order of how the service is served;
• Accounting devices and calculation of the board size;
• Recalculation and accrual for heating, electricity, water;
• The question of canceling the provision of services;
• An application where there are calculation rules, as well as the formula and tariff standard;
• Changes that are entered into the act.

The current edition with the latest changes has some amendments in accordance with the current situation in housing and communal services. For December 2015, it took the amendments to be approved to enter into force in 2016. The federation also made changes to the government's vision of this document in September, April, in late January and other months. Many portals, such as a consultant plus, pay attention to the text of this position, so it is worth considering it in the last edge. For different types of services.

About utilities

Position number 354 regulates the consumption of housing and utilities resources for owners and users of residential apartments or non-residential premises. The new version of the Law of the Russian Federation contains standards for consumption and fee for them. For example, the document explains when the force of calculating the utility package is starting. The entry into force begins at the time of the occurrence of property rights, from the date of the return of the rental on the room, from the day of hiring and entering the apartment building. Judicial practice confirms the guarantor of compliance with the Resolution 354 throughout the territory of the Russian Federation, including the Moscow region, Kirov and Perm.

By heating

This section describes noticeable needs to provide heating to citizens. This item explains in the examples as the rules should be accrued to the length of heating and temperature in the apartment. The approved norms are adjusted for the temperature and heat, the amount of payment for heating is calculated.

By electricity

This subparagraph position determines the order for which the supply and distribution of electricity is carried out. The standards for voltage are indicated, the deadline that is possible by the temporary absence of energy, the calibration of lines and energy saving. During the year, a restriction on the absence is established. The editors contains the requirements for the voltage of the lines according to GOST.

General needs Resolution 354 pay or not to pay?

Many ask, pay or not pay for the account for general-made. The Housing Code provides that the costs of water supply and other services for generalic needs will be evenly entered into each individual receipt. This payment is important in relation to the provision of utilities, so everyone pays for receipts.

Recalculate for heating on a general aware meter for 354 decisions, the calculation formula

The performer is an invoice for the light or for hot water on the day of the receipt of the receipt on the meter. The recalculation for the cold is carried out according to the formula, where the volume of non-residential premises take place for non-residential premises for the discount period, the volume of hot water per apartment, the volume of hot water and the volume of water supply costs and multiplies to the area of \u200b\u200bthe apartment, divided into the area of \u200b\u200ball apartments. Today you can download the application for free, which contains order 354, where there is a form of calculation, adjustment and comments.

The rules for the provision of public services are strictly regulated by the state legislation of the Russian Federation. The list of regulating the process of instructions includes both federal legislation and local legal acts and service provisions. Owning legal information, a citizen can defend its legitimate consumer rights in each instance. One of the basic rules will be observed by the tenant of its direct obligations in the housing and communal services (housing and communal services). In other words, claims should not arise.

Payment of utilities is a significant part of the funds of an ordinary citizen, and it does not depend on whether it is the owner of the real estate or uses it on the rights of the apartment. The rules for providing utilities to owners and users of premises are the same. However, to reduce the amount of the amount in the receipt for payment of utility services, it is necessary and necessary if it requires. All rules for communal services to citizens will be discussed below.

Determines the list of utilities directly state legislation, or rather, the government of the Russian Federation, whose definition is valid throughout Russia. Among other things, this list of services should be provided by the entire calendar year. Exception is only heating. The provision of utility services for heating is produced seasonally.

However, the legislation also identifies the time intervals for repair work, as well as unforeseen emergency situations. In these cases, temporary limits for repair and elimination of the accident are provided.

When utility services provide services during the year, the number of shutdowns exceeds the value envisaged by law, the tenants have the legal right to present an official claim or a complaint about unfair "public utilities". This is a law on the protection of the rights of consumers of housing and communal services.

Mandatory list of services that must provide communal structures include items:

The complex of the provision of utilities directly depends on the comfort and provision of certain engineering networks of a particular residential building.

In the event that there are no some engineering communications in the house, it will not be charged for them. Consequently, the cost of its content will be lower due to the absence of a corresponding deduction item.

PP number 354 on the provision of utilities adopted in 2011 is the main legislative act that regulates all the activities of housing and communal services. This document is often edited quite often, and, therefore, the newest rules for the provision of utilities will be relevant, that is, their last edition.

Sections to be paid to their attention are:

This resolution is publicly available, and consequently, to study it and monitor compliance with the rules for the provision of utilities and the actions of settlement and cash centers in the field of payment for services, each interested citizen can.

In the last edition of the Decree of the Government of the Russian Federation, a description of non-residential premises was specified. To specify the status of the room and the payment of its corresponding category, you need to contact the new version of the legislation. All controversial situations between housing owners and housing facilities on the issues of content and payment for non-residential premises can be solved in court.

In accordance with Art. Article 80 and 81 Government Decisions are now a communal enterprise must check the established instruments of accounting. That is, after the consumer's statement, the communal service should decide the meter readings on ten days and check its serviceability. Previously, the legislation provided for checking counters 1 time in 6 months. Now this period of time has decreased to the quarter, that is, 1 time in 3 months.

When employees of municipal services for any reason do not have access to private accounting devices, then the payment will be calculated on the amount of residents of the tenants in this particular room.

According to Chapter 9 of the Federal Law of the Federal Law due to the incorrect settlement of utility payments, which entail overpays for the services rendered, provides a fine of up to 50% of the amount of incorrect calculation.

The rules for which the utility bills should be made are described in chapter 6 of the FZ. Each owner of the housing should fully pay the utilities provided to him. However, in addition to the duty, each citizen is also entitled to check the validity of the accruals. The quality of the services provided also is taken into account, and their compliance with the standards. In the event that the management company overstars the tariffs and is constantly fulfilling its obligations, the tenants are entitled to change it to another way of termination and reissue agreement.

In addition to the above-described services that are paid in accordance with the testimony of individual accounting devices, there are also such items in the rent as:

• maintenance directly at home;
• overhaul buildings;
• content in the purity of the courtyard;
• maintenance of elevators;
• the content is clean in the purity of general user premises, stairs and elevators;
• export of garbage waste and the content of common communications.

All figures that are included in "fat" are calculated by the specialists of the service office monthly. A lot of items have been made in the rent, for which they must be justified and comply with tariff units valid for the current date.

All receipt points can be divided into 2 types of costs:

• private;
• general one.

In case the apartmentmuffer has some benefits for utility bills, the category of benefits and the basis of the decline in the tariff must be specified.

In paragraph 54 of the new rules, the fee for heating services and hot water supply is registered if the performer independently wishes the calculation.

In drawing up a utility contract agreement, all conditions, duties and responsibilities of the parties should be taken into account. In case of omission of any condition, the conflict situation will be permitted on the basis of legislative norms and rules. The main document on the preparation of the contract for the supply of services is paragraph 124 of the Rules.

When drawing up a typical form of a contract for the provision of utilities, a number of actions should be held:

• in writing to declare the desire to conclude contractual obligations to provide services and attach the entire mandatory package of documents;
• get a preliminary draft contract for the service provider and correct disagreements on items if they are;
• establish an additional agreement on the absence of claims and the elimination of disagreements;
• faulting contract for the provision of services.

As for the contract itself, the tariffs of the services provided must be specified in it. In addition, it is possible to liability both the service providing the service for the poor-quality provision and the consumer for violation of the terms of this contract.

There are situations where the contract is issued by rear. The legislation provides that the service provides the service to the consumer a draft agreement within 20 days from the start of the provision of these services.

The consumer has 30 days to adjust the conditions or consent with them. Upon completion of the time allocated by the period, the contract will be considered automatically concluded.

To design the contract described, the service provider should be transferred to the following package of mandatory documents:

If there are inaccuracies in the presented documentation or the provision of an incomplete packet of papers, the service provider must notify about this fact of the consumer no later than 5 working days.

In addition to the conditions of the concluded contract, the parties must strictly follow the rules prescribed in chapters 4 and 5 of the Federal Law No. 354 and regulating relations between the parties.

With regard to the organization of the Supplier of utilities, its rights and obligations are given in Articles 31.32 of the Federal Law:

The housing company has the right to choose a direct service provider, as well as conclude contractual relations with him. In the case of repair planning, accidents and other service delivery, the company must notify the tenants through the announcement in the places specifically reserved for it. Legislation supports owners and tenants in the fight against unscrupulous service providers in such a way as the protection of consumer rights.

In the case of unsatisfactory quality services, the user has the right to fix its claims in the book of complaints and suggestions. The latter, in turn, must necessarily be available for each service provider.

According to the complaint, the relevant measures of the company's heads should be not only taken, but also a written response about it in a period of three working days. This is reading Art. 31 existing legislation.

The main rights and obligations of the consumer, Articles 33, 34:

According to Article 35, the tenant does not have legal rights to produce actions forbidden to him, for this state provides for large penalties.

According to Article 309 of the Civil Code of Russia, all obligations should be performed properly in accordance with contractual conditions and applicable law. Solve the Terms of Agreement, the parties are not eligible to change the terms of the contract, as well as do not fulfill their obligations.

For a single non-payment of the amount, 354 decisions changed from January 1, 2017 with amendment, legislation does not provide for any responsibility.

Earlier, non-payment threatened by the accrual of fines and penalties. To date, this punishment is envisaged if a citizen is late with paying more than 30 days.

The reason for making the relevant changes was the crisis situation in the country, which entailed the delay in payments of wages to citizens.

However, in parallel, sanctions were tightened to those citizens who intentionally do not pay utility services.

Until the beginning of 2017, the rate of bets was equal to 1/300 from the refinancing rate of the Central Bank of the Russian Federation.

To date, the rates are distributed as follows:

• 1/300 Over the amount of non-payment of 31-90 days;
• 1/130 for non-payment 91 or more days.

However, the government does not stop at the magnitude of penalties for malicious defaulters, since conscientious residents suffer from their fault. In the future, the magnitude of the penalty is planned to increase.

The housing user should know the following on the procedure for providing utilities.

The main responsibility for the non-payment of utility payments is directly the owner of the apartment, unlike users of municipal housing.

The rules of utility services are concluded for the owner of the housing in order to pay for receipts in a timely manner.

With regular absence of monthly payments for services rendered, representatives of the Housing and communal services can:

1. Written to warn and suggest paying debt without imposing penalties.
2. To visit the defaulter and verbally clarify the threatening consequences and recovery.
3. Perform the suspension of the provision of services.
4. Start a trial to recover payments debt.

The last way is the most inconvenient and costly for both parties, therefore, if possible, utility services are trying to resolve the question peaceful way.

As for the debt itself directly, during the process due to the accrual of penalties, this amount can grow significantly.

If the court decides in favor of utility services to pay off the amount of debt obliges the full amount.