A new scheme of payment for housing and communal services directly RSO. The new law on debtors for utilities What is included in the utilities list

Housing and communal services is a combination of different types of activities, the common goal of which is the resource supply of residential buildings, ensuring the functionality and serviceability of their technical components and resolving other issues related to comfortable living.

What services are provided and how are they regulated by law?

Utilities are those services that cannot be provided without the participation of monopoly organizations that provide housing with energy and natural resources.

At the same time, residents also pay for the energy spent in places common use(attics, basements, elevator, corridors, etc.).

At the same time, payment for the total energy consumed takes place according to established standards..

According to the laws in force, when supplying electricity to the final consumer, the permitted interruption cannot last more than two hours per month in the presence of two independent energy sources and no more than a day - in the presence of one source.

In addition, voltage drops during the supply of electricity are unacceptable.

Hot and cold water

Cold water supply services assume that the end user will receive cold water purified from pathogenic bacteria (hepatitis, dysentery, cholera).

Also, water should not contain harmful chemical compounds (salts of heavy metals, arsenic, etc.).

A break in the supply of cold water is possible for one month. not exceeding a total of 8 hours or 24 hours in the event of a major accident.

For the supply of hot water, the law provides for similar possible interruptions.

At the same time, the temperature of the water is also specified. If she makes below +40 degrees, then payment for it should be charged as for cold water. Maximum water temperature should not exceed +75 degrees.

Water supply services are paid according to regionally established norms of water consumption per capita, that is, the number of residents registered in the apartment is taken into account, and the total amount of the resource used is displayed.

Each region is different, depending on the situation.

Heating

In accordance with established standards, the temperature of the air space in a residential area can be at least +18. An interval in the supply of heat up to 24 hours per month as a whole is considered acceptable.

One-time breaks in the supply of heat can last:

Payment for heating services is charged based on the total area of the premises based on regional regulations. At the same time, the cost of heating the residential premises includes the payment for heating the common areas.

Garbage removal

Disposal of municipal solid waste (MSW), colloquially, garbage collection, also refers to housing and communal services and is provided as part of the repair work and maintenance of the dwelling.

In accordance with the law, payment for garbage collection is carried out based on living area. This causes a lot of controversy.

According to the opinion of many consumers of the service, garbage collection should be paid based on the number of residents, that is, according to consumption standards as utilities.

Sewerage

In relation to a residential building, the sewerage service is water drainage. Sewerage is an integral part of the water supply system and is designed to remove waste and household water.

The proper condition of sewer systems largely determines the sanitary and epidemiological situation in a particular region.

Payment for sewerage services is made according to the established regional tariff. In this case, the total amount of used hot and cold water is taken as the volume of water disposal.

Payment for ODPU

The main drawback of the current order can be called payment according to the standards, and not for the volume actually received.

In this regard, measures are being taken to provide all residential premises with metering devices.

In accordance with Article 157 of the Housing Code of the Russian Federation, the amount of payment for the provided utilities is calculated based on specific meter readings.

If this is not available, then the amount of payment is calculated based on the norms of resource consumption per person, and when paying for heat supply, based on the rate of heat consumption per square meter.

Law No. 261 “On Housing and Communal Services” adopted in 2009 obliges to install common house meters() all residents of apartment buildings. This contributes to a more accurate calculation of the amount of water, heat and electricity consumed.

The following calculation algorithm is used when paying under the ODPU:

according to the readings of an individual meter, payment for utilities is charged in each individual apartment;
a part of the amount spent on general house needs is added to the individual amount, which is calculated according to the indications of the ODPU.

Thus, when paying for the ODPU, payment is made for all the resources spent.

Is it possible to refuse certain types of services?

The ever-increasing tariffs for utilities have added urgency to the issue of the possibility of waiving some utilities. How realistic is this in principle?

You can opt out of utilities by submitting an application to the management company (MC, Housing Office, LCD, etc.). Another thing is that it is impossible to refuse all services at once.

Some utilities cannot be excluded for purely technical reasons. For example, it will not be possible to refuse heating, since heat is supplied through a common system.

You can opt out of services such as:

Refusal of some types of utilities can be controversial. So each tenant is obliged to pay for the elevator and the garbage chute, because they belong to common areas.

But it's another matter if they are faulty. In this case, it is necessary to file either the management company, and if this does not help, then go to court with the presentation of photographs of the non-functioning elevator and garbage chute and other evidence.

You can even demand, which, in theory, were not provided.

In order to pay for utilities according to the amount consumed, and not on the basis of accepted standards, it is desirable to install an individual meter. This will allow you to control the process of resource consumption and not overpay for lost services.

In some cases, the process of abandoning utilities can be quite complicated, which is understandable, because no resource-providing organization is interested in losing customers.

But it must be borne in mind that in the matter of refusing unnecessary housing and communal services, on the side of the end user, Law on Consumer Protection". And if there was a conflict with the managing organization, you can safely go to court, provided that your claims are substantiated.

Video: What does a receipt for housing and communal services consist of?

The video talks about what utilities are provided to citizens and what they have to pay for on a monthly basis.

Explains how to calculate certain types utility bills and give advice on what to do in case of disagreement with the amount in the receipt for payment.

Housing and communal services- these are services provided by management companies to ensure comfortable living and maintain the housing stock in good technical condition. What is included in utilities and how to save on them will be discussed below.

What services should be provided

Management companies are required to provide utilities, payment for which is made both from the number of registered people and according to meter readings. Many are interested in the question of what relates to utilities. Russian legislation regulates the provision of housing and communal services (HCS). The list of utilities should include:

Drinking cold water. The supply of cold water is carried out to supply residents of apartment buildings around the clock through the central or intra-house water supply. Compliance with all parameters of Sanepidnadzor, necessary quality and volume - these are the main requirements for cold water. If there is no water supply system, the supply is made to the water column on the street.
Hot water is served around the clock through a centralized or house supply system to meet the needs of residents.
Water disposal. Gutters are diverted around the clock through centralized networks or intra-house systems. Sewerage should be in all apartment buildings.
Power supply. Electricity of proper quality is supplied around the clock to consumers' apartments through a centralized power supply network.
Gas supply. Gas is supplied to apartments around the clock through centralized gas supply networks. Gas supply also includes the provision of gas cylinders.
Heating. Hot heating is supplied during the cold season, providing residents with warmth. It is also necessary to heat common areas to maintain the optimum temperature.

Other services, such as garbage collection, repair and maintenance of the housing stock, are classified as housing services. All housing and communal services can be provided various organizations:

(HOA);
Housing or housing cooperatives;

Payment for ODPU

Today, payment is mainly carried out according to the norms of management companies. The best option would be to pay for the actual volume provided. To do this, today metering devices are installed in all apartments. Residents transmit data to the management company, which calculates the readings and submits an invoice in the form of an EPD.

By law, multi-apartment buildings must be equipped with common house meters to help accurately determine resource consumption.

Today, the ODPU fee is calculated as follows:

The readings of individual metering devices in each apartment are taken into account, and they are used to calculate housing and communal services;
Part of the ODPU data is added to the testimony for a separate apartment and added to the ENP.

Thus, utility bills are paid.

Payment procedure for communal housing and communal services

The rules for the provision of public services in 2012 made it possible to calculate heating standards in a new way. Previously, it was necessary to pay for the entire house territory, today the heating of common areas is not included in the cost of housing and communal services. Also, you do not have to pay for public sewerage. There are fixed norms for the consumption of general hot and cold water - 90 liters per person every month.

Management companies are aimed at saving communal housing and communal services. If the limited standard is exceeded, then the difference is paid by the managing organization, and not by the tenants. The exception is homeowners associations, where the owners themselves decided to pay the difference. If housing and communal services are provided by a resource provider, then the excess is divided between consumers, taking into account the occupied square meters.

Failure to provide public services

If the housing and communal services turn out to be improper, for example, it does not burn, then the consumer can draw up an act about this. Residents must record the violation of their rights. To do this, the tenant, two neighbors and the chairman of the house council draw up a statement describing the violations. Non-provision of housing and communal services is considered from the date of signing the document.

If for a long time DEZ does not clean the territory or does not repair entrances, then the following must be done:

Write a collective claim of all consumers to managing organization. Demand to eliminate the problems that have arisen by the management company within a certain period.
Apply in person to the governing body. In it, indicate all the shortcomings of the work and demand their correction and the involvement of the perpetrators to answer for it.
If these steps did not affect the DEZ, then you need to go to court.

Contract for the provision of public services

The management organization provides utility and housing services under a written agreement under the new Rules. DEZ or other Management Company concludes it in the case of rendering services to the tenant. The Rules specify the terms for the provision and requirements for payment of utility services.

Any consumer has the right to receive housing and communal services that ensure the convenience of living in the house and control its technical condition. For tenants and tenants of housing, a lease or rental agreement must be drawn up. With absence written contract the tenant may be denied the provision of utilities.

Obligations of companies providing housing and communal services

The expense items of housing and communal services management companies also include those that they must fulfill. Each consumer must know what he ultimately pays for and what applies to housing services. Organizations providing housing and communal services should:

Maintain the temperature in the entrances and apartments at the proper level.
Monitor the presence of lighting in the entrances and the local area.
Clean up the local area, take out the garbage, comply with the requirements of Sanepidnadzor.
Monitor compliance with fire safety regulations.
Monitor the technical condition of troughs, attics and roofs.
Perform all necessary seasonal work.
Spend money on maintaining common house property in proper condition.
Monitor the condition of common areas.

There may be additional clauses in the lease agreement, which are entered there individually at the request of consumers. You can find out what may be included in utility bills, and what housing and communal services the management company is obliged to provide, by contacting the DEZ. This is required when there is doubt about correct work organizations of housing and communal services, as well as in case of improper performance of their duties by management structures.

How to reduce your utility bill

Utility rates are constantly rising, so many consumers are looking for ways to reduce the composition of utilities in order to reduce costs. This can be done by submitting an application to your management company to waive some housing and communal services. It is impossible to refuse all of them, since heating, for example, is supplied through a common system, and it is almost impossible to turn it off in a separate apartment. You can disable the following LCDs:

If residents do not use a television antenna, then you should contact the service organization and ask them to disconnect the cable. This will reduce the cost of the EAP.
Today, few people use a radio station, so you can refuse this type of housing and communal services in DEZ.

If utility services are not provided, it is necessary.

To pay for the received housing and communal services, it is necessary to install individual metering devices. Every month you need to transfer the data taken from them to the management company. Those who do not have such devices pay at higher rates. In case of refusal to install them, tenants and tenants overpay more than 50%. Therefore, installing meters will help track resource consumption and reduce utility bills.

Refusal of unnecessary utilities is regulated Law "On Protection of Consumer Rights".

It is difficult to imagine modern life without the many benefits of civilization. Let them not always be at the level we would like them to be, but many have them. And one of them is utilities. What is included in them? How important are they to maintaining a standard of living? And for hygiene and from a medical point of view? We will talk about this in the framework of this article.

general information

So, utilities - what is it? Does this include everything that is referred to as “default”, or are there specific points? For the majority of citizens of the Russian Federation housing and communal services is a dark forest. This is sad. After all, not all employees of the relevant structures are distinguished by honesty and conscientiousness, and as a result, the citizens themselves suffer from their own legal illiteracy. Alas, the legislation of the Russian Federation is designed in such a way that in order to use your own rights, you should know about them, as well as seek implementation. Therefore, it often happens that quite legitimate requirements are not met due to ignorance. As a result, you have to pay for public services or not receive the benefits.

The only way out this moment- is to improve their own legal education. For many, this state of affairs may seem rather complicated, but once you want to figure it out, you will see that this is not the case. After all, there are many pleasant moments here. But let's see what it is - utilities. Do they include everything we think?

What does not suit?

One has only to mention the housing and communal services, as many are already beginning to distort. Someone remembers long queues (fortunately, this problem is largely solved thanks to the virtualization of the payment process and e-commerce), others - about a significant deception. Many are faced with bills that are several times larger than necessary. This happens due to the fact that housing and communal services employees, making mistakes or relying on our inattention, issue invoices for services that are not used. Therefore, after reading this article, you will be able to:

Justify the recalculation of payment for services rendered.
Competently draw up a plan of a private house in the conduct of individual housing construction.
Receive subsidies and benefits to improve living conditions.

What are public services?

What's this? Included in this concept is the provision of citizens with the elementary benefits necessary for comfortable living. The legislation of the Russian Federation provides that they should be in every house and apartment. What is included in utilities? The list is attached:

Bathroom or shower, as well as a sink or sink with a working faucet.
Electricity and sockets according to established standards.
Sewerage.
Heating system that works flawlessly. And it does not include heating appliances. That is, if there is no battery and a portable heater is used, then you can apply for a subsidy.

Speaking in competent legal language, these were the means of providing services. What's the difference here? Well, let's find out. Not all services are required. Some of them are optional. What is included in utilities? Optional list attached:

Gas supply.
Hot water supply.

The right to choose one of the two or both at once is provided. Consider three small examples:

Gas supply should be issued in cases where there is equipment that runs on gas fuel. After all, if the stove runs on electricity, then why is it?
Those people who have a gas burner installed in the bathroom can refuse hot water supply. This device allows you to quickly and easily heat water to the desired temperature. As you might guess, it runs on gas. At the same time, it should be noted high speed heating.
If there is a gas stove, but no burner, then both services should be connected. But this is an extremely disadvantageous option. Although it is quite common.

Mandatory services. What to do if they are disabled?

Earlier we talked about funds. What is included in utilities? Their list looks like this:

Heating system.
Cold water supply.
Electricity.
Sewerage.

If the house does not have one of these amenities, then citizens have the right to write to the prosecutor's office and apply for damages. To receive services from the above lists is the legal right of every person. But you should pay attention: if you do not pay for utility services for a long time (usually this means a period of six months), then you will be deprived of the right to receive them. Such sanctions can be imposed in relation to both individual apartments and entire houses.

But what if there is a payment, and one of the mandatory services was disabled without explanation for a significant period? In such a case, a person can claim a refund of part of the money that was paid. To do this, you need to make a recalculation. In fact, it represents a compensation for funds not provided for services, if planned work was not announced. Let's take a small example. In winter, we are heated by a heating system without a meter (that is, payment is according to the tariff). There was no heating from January 26 to February 4. But the bill will come in full, as if there was no break. In this case, a citizen should contact the housing and communal services office, which owns the house, and write an application for recalculation. And next month there will be a reduced heating bill as compensation for the inconvenience. So we examined what is included in the payment of utilities from the point of view of legislation.

What is fixed at the national level?

Initially, it should be noted that from the point of view of legislation, housing and communal services are divided in their own way:

Procedure for approving tariffs/prices.
Functional purpose.

In the first case, there are three groups:

First. This includes housing and communal services, tariffs/prices for which are approved by authorized central executive authorities.
Second group. This includes housing and communal services, tariffs / prices for which are approved by authorized local governments within the territory under their jurisdiction.
Third group. This includes housing and communal services, tariffs/prices for which are approved exclusively within the framework of agreements concluded between the parties.

Depending on the functional purpose, the legislation divides into:

Utilities. This includes centralized hot and cold water supply, drainage, electricity and gas supply, heating, and household waste disposal.
Services for the maintenance of houses, structures and adjacent territories. This is understood as cleaning the premises and the area, maintaining the operability of networks, elevators, lighting, Maintenance and sanitation.
Services for the management of a building, a house or a group of them. This includes balance sheet, conclusion of contracts and control over their execution.
Services for the repair of premises, structures and houses. This refers to the replacement, strengthening or reconstruction of networks and individual elements, the renewal of the bearing capacity.

Here's what's included in the utility bill. Of course, this is not all legal information. It also stipulates the procedure for the access of responsible persons in the event of an accident or emergency, and the same minimum standards, as well as the procedure for the provision of public services.

small digression

So, the maintenance of housing is included in utilities. Moreover, this means not just the fulfillment of duties for show, but the high-quality provision of comfortable living conditions. Knowing what is included in the concept of "utilities", it is much easier to be aware of what the payment orders that come to us every month should be. But at the same time, there are a fairly large number of specific moments.

About rent

Now every young family or promising specialist housing is not available. Therefore, the question of what is included in the utilities for rent is becoming more and more relevant. In a standard situation, if an agreement is concluded between the owner and the guest, it is stipulated that all bills received will be paid by the second. Further, the situation will be considered from the position that the interaction is carried out in the legal field. In other words, an agreement was concluded and the relevant authorities were informed about it.

In this case, the tenant may require utilities fulfillment by them of their obligations, which they must fulfill, in full. That is, if there is a break in heating in winter, despite the fact that the “tariff” interaction scheme is in effect, a person has every right to apply to the housing and communal services department with a demand for compensation. As a confirmation of your rights, you can use the concluded contract. Otherwise, housing and communal services employees may ask on what basis he requires it. And even call the police, who will record the conduct of an unregistered entrepreneurial activity- delivery of property - with all the ensuing consequences. To avoid such moments, in the absence of contracts, you can agree with the owner that utilities are included in the rent, and he is independently involved in their provision and payment.

Making claims

Let's look at how the interaction with representatives of the housing and communal services is conducted. In case of violations of the stipulated terms of the contract, the consumer can apply to the structure to draw up an act-claim, in which the terms, indicators, types of deviations are noted. Theoretically, you can call a representative of the housing and communal services, if it is provided for by the contract. And he will have to appear on time, which is provided for by this document. After that, the claim act is jointly drawn up and confirmed by signatures. If the representative of the performer refuses to put his autograph on the document, then it is necessary that at least two consumers confirm its veracity. Otherwise, it will be declared invalid.

After that, the act-claim is transferred to the contractor. And he must decide within three days whether to recalculate payments or issue a written refusal to the consumer, which will contain justifications for not satisfying his claims. In the latter case, you can try to solve the problem through the court. At the same time, the possibility of a pre-trial settlement of the dispute remains open. In the event of a decision that the contractor performed his tasks poorly, evaded direct duties, although the maintenance of housing is included in utilities, he will have to fix everything. In such cases, you can also claim some compensation. In this case, the verification of indicators of expenses, quality of services, etc. is used, depending on the object of the claim.

Control

It is not enough to know what is included in housing and communal services. It is also necessary to control the work of housing and communal services. In general, there are good opportunities for this in the Russian Federation. But again, you need to be aware of this. Every citizen has the right to be aware of what services are included in public services, what is provided to him, what money is spent on, and in what volume. Having the data, he can compare with offers on the market, analyze the work of various departments of the housing and communal services, in which case, to fix violations or simply suspicious deviations. In case of their detection, having on hand information documents, you can contact the prosecutor's office to investigate possible abuse. In general, to maintain the situation at a more or less decent level, it is enough for one person out of several hundred to be active. But in order to bring the situation to a high level, everyone should take care of where the funds are spent, what we pay.

Conclusion

Here we have considered the topic of the article. Now everyone knows that water supply, heating, sewerage and electricity are included in utilities. No wonder they say that knowledge is power. For indeed they provide substantial opportunities for the protection of their rights. This article is likely to serve as a start for a new person. For knowing what you can claim, you begin to act. Those who understand what is rightfully theirs can fight to have it implemented or even further expanded. And along with this, the level of comfort of life will grow, which will have a good effect on each of us. You should not deviate from the opportunities provided, this is a good start to a better life.

Changes in the Housing Code (on the transition to new contractual relations between the owners of premises in apartment buildings and resource supply organizations):

“In the cases provided for in Article 157.2 of this Code, utility bills are paid by the owners of the premises in apartment building and tenants of residential premises under social tenancy agreements or rental agreements for residential premises of the state or municipal housing stock in this house of the relevant resource supply organization and the regional operator for the management of municipal solid waste.
Download full law

Debts in the housing and communal services sector are the main problem in the provision of public services. The most problematic regions are Moscow, Kamchatka Krai and some others. Moreover, the main reason for the appearance of debts is by no means the consumer himself, but management companies. Intermediaries represented by the Criminal Code for various reasons delay deductions. New law the project on direct settlements between the consumer and the utility service provider will solve this problem.

What are the objectives of the new law?

Many management companies do not cope with the tasks assigned to them. There are many reasons for delays in paying utility bills. And the main one is the corruption component. Previously, the management company (MC) was an intermediary between the consumer and the resource supply organization (RSO). The new legislative document will make it possible to directly conclude an agreement on the supply of services with the RSO.

On March 23, 2018, in the third, final reading, a bill was adopted, on the basis of which it is possible to exclude the UK from the payment chain for the services provided. According to the new law, the owners of an apartment building at a meeting can decide on their own whether to conclude an agreement or to refuse it. You can enter into an agreement with RSO supplying the following utilities:

According to the authors of the project, RNOs supplying electricity and gas to residential buildings have been operating in the Russian Federation under this scheme for many years. Another reason for the adoption of this law is the high rate of debt collection in the presence of a direct contract.
According to the new draft law, RSOs have the right, from the moment it is adopted, to unilaterally terminate agreements with the Criminal Code. The main condition for this is the presence of a debt in the amount of two average monthly charges or more. Many property owners in apartment buildings are wary of receiving double receipts. In order to avoid this, the Goszhilnadzor body is notified of the adoption of the law.

The law itself comes into force on April 1, 2018. But some of the norms indicated in it will be put into effect gradually. The main tasks to be solved by the adopted bill:

increase in collection rate Money– exclusion of CMs from the payment chain will reduce payment delays;
reduction of the corruption component - many criminal companies are created with the aim of embezzlement of citizens' funds;
simplification of the settlement scheme between the consumer and the resource supplying organization;
establishing order in the field of residential property management.

Even before the official publication, it became known about serious penalties in relation to the management companies that do not comply with the requirements for calculations. If there are errors, a penalty of 50% of the amount of the incorrectly indicated amount will be assigned. This bill was proposed personally by Vladimir Putin.

The main advantages of the new law, cons

The adopted bill resolves many complex issues that have accumulated in the field of housing and communal services. It protects the interests of ordinary citizens, as well as resource-supplying organizations. Previously, there were frequent cases of disconnection of entire apartment buildings - due to delays in payments from the Criminal Code. At the same time, the tenants fulfilled their debt obligations on time, without any delays.
In addition, tenants now have the right to choose a service provider. For example, garbage collection can be carried out by different companies. Thanks to the adoption of the new law, today the citizens themselves will have the right to choose a legal entity engaged in waste management. There are certain problems in this segment of housing and communal services. The new bill will create healthy competition in the field of waste disposal.

Many management companies artificially inflated prices for the supplied housing and communal services. Especially often it concerned the supply of hot water. Many residential buildings were completely equipped with their own boiler rooms in the basement and payment was not required. The new law will strengthen the control of tenants over the Criminal Code. Provides a new pressure lever. Management companies will become more responsible for the performance of their immediate duties.

Some problems may arise with the process of recalculation for the low quality of the services provided. At the same time, it will not be difficult to resolve this issue legally. Responsible for the supply of services are RNOs - with which a contract is directly concluded.

Ordinary citizens who decide to use the new right are afraid of the possibility of double receipts. When the Criminal Code, despite the decision taken jointly and severally to refuse its services as an intermediary, still issues invoices. If the agreement with the RSO was concluded within the framework of the law, all the mandatory procedures have been completed, then there is no need to pay receipts from the management company that come after the date of the agreement.

If the owner of the residential premises found two receipts in his mailbox, then it is necessary:

notify the Criminal Code in writing of the refusal of its services;
keep the receipt of payment (there is no need to transfer funds to the Criminal Code);
contact your local housing authority.

Goszhilnadzor is a special organization that inspects housing and communal services. If violations are found, it is necessary to contact in writing or electronic form. Today, all divisions of the inspection have their own websites. You can contact by phone, email. The new law comes into force on the day of its official publication.

The Ministry of Construction expressed the opinion that from 30 to 40% of management companies could leave the market after the adoption of the law. Moreover, this will positively affect the industry as a whole. Since it will be left first of all by companies that dishonestly fulfill their obligations to the RSO and consumers of public utilities. The mode of concluding an agreement directly with the RSO is determined by law.

Key changes in the second quarter of 2018

Utility resource providers and regional MSW operators can directly enter into contracts with owners and tenants of housing in apartment buildings. The way the house is run does not matter. In this case, consumers will pay for utilities directly to the supplier or the regional operator.

You can switch to direct contracts at the initiative of the owners. They have the right to decide this issue at the general meeting.

Resource supply companies and regional operators can also initiate the transition by unilaterally refusing to execute the contract with the person carrying out MKD management. This is permissible if the debt for utility resources or services for the removal of solid waste is two or more average monthly payments. The debt must be recognized or confirmed by a judicial act that has entered into force.

Decree of the Government of the Russian Federation of 05/06/2011 N 354 (as amended on 07/13/2019) "On the provision of public services to owners and users of premises in apartment buildings and residential buildings" (together with the "Rules for the provision of public services ...

VI. The procedure for calculating and paying utility bills

ConsultantPlus: note.

From 07/01/2020, the payment for the utility service for electricity supply can be reduced up to the complete exemption of the consumer from payment in the cases, in the manner and in the amount established by the legislation in the field of electric power industry (FZ of 12/27/2018 N 522-FZ).

36. The calculation of the amount of payment for utilities is carried out in the manner prescribed by these Rules, taking into account the specifics provided for by regulatory enactments that regulate the procedure for establishing and applying social norm consumption electrical energy(capacity), if a decision has been made in the constituent entity of the Russian Federation to establish such a social norm.

37. The billing period for paying utility bills is set equal to a calendar month.

38. The amount of payment for utilities is calculated according to the tariffs (prices) for consumers established by the resource supply organization in the manner determined by the legislation of the Russian Federation on state regulation prices (tariffs).

If a decision has been made in a constituent entity of the Russian Federation to establish a social norm for the consumption of electrical energy (capacity), the amount of payment for a utility service for electricity supply is calculated at prices (tariffs) for electrical energy (capacity) established for the population and categories of consumers equated to it in within and beyond such social norms.

In the case of establishing tariffs (prices) differentiated by groups of consumers, the amount of payment for utilities is calculated using the tariffs (prices) established for the relevant consumer group.

In the case of establishing surcharges to tariffs (prices), the amount of payment for utilities is calculated taking into account such surcharges.

In the case of establishing two-part tariffs (prices) for consumers, the calculation of the amount of payment for utilities is carried out at such tariffs (prices) as the sum of the fixed and variable components of the fee, calculated at each of the 2 established rates (constant and variable) of the two-part tariff (price) separately .

In the case of establishing two-component tariffs for hot water, the amount of payment for the utility service for hot water supply is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the utility service for hot water supply (or the component for the heat carrier, which is an integral part of the tariff for hot water in open heat supply systems (hot water supply), and the cost of the component per thermal energy used for heating cold water in order to provide public services for hot water supply.

(see text in previous edition)

When establishing tariffs (prices) for consumers differentiated by time of day or other criteria reflecting the degree of use of communal resources, the amount of payment for utilities provided in a residential building is determined using such tariffs (prices) if the consumer has an individual, common (apartment) or room metering device that allows you to determine the volumes of communal resources consumed in the corresponding premises differentiated by time of day or by other criteria reflecting the degree of use of communal resources.

(see text in previous edition)

When calculating the amount of payment for communal resources purchased by the contractor from a resource supplying organization in order to provide utility services to consumers, the tariffs (prices) of the resource supplying organization used in calculating the amount of payment for utilities for consumers are applied.

39. If, when calculating the amount of payment for a utility service, a two-part tariff (price) is subject to application, then the contractor, in order to calculate the constant component of the payment, is obliged to calculate, in accordance with Appendix No. 2, the number of units of that constant value for each residential or non-residential premises in an apartment building ( power, load, etc.), which is established by the legislation of the Russian Federation on state regulation of tariffs for calculating the constant component of the fee.

40. A consumer in an apartment building pays for utility services (cold water supply, hot water supply, sewerage, electricity, gas supply) provided to the consumer in a residential and non-residential premises in the cases established by these Rules, with the exception of the case of direct management of an apartment building by the owners of premises in this building, as well as cases where the method of management in an apartment building is not selected or the selected method of management is not implemented, in which the consumer in the apartment building as part of the payment for utilities services (cold water supply, hot water supply, sewerage, electricity supply, gas supply) separately pays for utilities provided to the consumer in residential or non-residential premises, and fees for utilities consumed during the maintenance common property in an apartment building (hereinafter referred to as utilities provided for general house needs).

(see text in previous edition)

The consumer of the utility service for heating and (or) hot water supply, produced and provided by the contractor to the consumer in the absence centralized systems heat supply and (or) hot water supply, pays a fee calculated in accordance with paragraph 54 of these Rules.

(see text in previous edition)

41. A consumer of utility services in a household shall pay a fee for utility services, which includes utility services provided to a consumer in a residential area, as well as utility services consumed when using land plot and outbuildings located on it.

42. The amount of payment for a utility service provided to a consumer in a residential area equipped with an individual or common (apartment) meter, with the exception of payment for a utility service for heating, is determined in accordance with formula 1 of Appendix No. 2 to these Rules based on the readings of such a device accounting for the billing period. In the case of establishing two-component tariffs for hot water, the amount of payment for the utility service for hot water supply provided to the consumer for the billing period in a residential building is determined in accordance with formula 23 of Appendix No. 2 to these Rules based on the readings of hot water meters.

(see text in previous edition)

In the absence of an individual or common (apartment) metering device for cold water, hot water, electricity and gas, and in the absence of technical feasibility installation of such a metering device, the amount of payment for a utility service for cold water supply, hot water supply, electricity supply, gas supply provided to the consumer in a residential building is determined in accordance with formulas 4 and Appendix No. 2 to these Rules based on the standards for consumption of public services. In the case of establishing two-component tariffs for hot water, the amount of payment for the utility service for hot water supply provided to the consumer for the billing period in a residential building is determined in accordance with formula 23 of Appendix No. 2 to these Rules based on the hot water consumption standard.

(see text in previous edition)

In the absence of an individual or common (apartment) metering device for cold water, hot water, electric energy, and in the event that there is an obligation to install such a metering device, the amount of payment for the utility service for cold water supply, hot water supply and (or) electricity provided to the consumer in a residential area, is determined according to formula 4(1) of Annex No. 2 to these Rules based on the consumption standard for utility services for cold water supply, hot water supply and (or) electricity supply using a multiplying factor, and in the case of establishing two-component tariffs for hot water, the amount of payment for utility services according to hot water supply provided to the consumer for the billing period in a residential area that is not equipped with such metering devices is determined by formula 23 (1) of Appendix No. 2 to these Rules based on the hot water consumption standard using a multiplying factor.

(see text in previous edition)

The amount of payment for a utility service provided to a consumer in a residential building in the cases and for the billing periods specified in paragraph 59 of these Rules is determined based on the data specified in paragraph 59 of these Rules.

The amount of payment for the utility service for water disposal provided for the billing period in a residential area that is not equipped with an individual or common (apartment) wastewater meter is calculated based on the sum of the volumes of cold and hot water provided in such a residential area and determined according to the readings of individual or common (apartment) cold and (or) hot water meters for the billing period, and in the absence of cold and (or) hot water meters - in accordance with formula 4 of Appendix No. 2 to these Rules based on the water discharge standard.

(see text in previous edition)

42(1). Payment for utilities for heating is carried out in one of two ways - during the heating period or evenly throughout the calendar year.

In an apartment building that is not equipped with a collective (common house) heat energy meter, and a residential building that is not equipped with an individual heat energy meter, the amount of payment for the heating utility service is determined by the formulas 2,, and Appendix No. 2 to these Rules based on from the norm of consumption of utility services for heating.

(see text in previous edition)

In an apartment building that is equipped with a collective (common house) heat energy meter and in which not a single residential or non-residential building is equipped with an individual and (or) common (apartment) heat energy meter, the amount of payment for the heating utility service is determined by the formulas 3 and Appendix No. 2 to these Rules based on the readings of a collective (general house) heat energy meter.

(see text in previous edition)

In an apartment building that is equipped with a collective (common house) heat energy meter and in which at least one, but not all residential or non-residential premises are equipped with individual and (or) common (apartment) heat energy meters, the amount of payment for the utility service for heating is determined according to formulas 3 (1) and Appendix No. 2 to these Rules based on the readings of individual and (or) common (apartment) and collective (common house) heat energy meters.

(see text in previous edition)

In an apartment building that is equipped with a collective (common house) heat energy meter and in which all residential and non-residential premises are equipped with individual and (or) common (apartment) heat energy meters, the amount of payment for the heating utility service is determined by the formulas 3 (3 ) and Appendix No. 2 to these Rules based on the readings of individual and (or) common (apartment) heat meters and the readings of a collective (general house) heat energy meter.

(see text in previous edition)

In a residential building that is equipped with an individual heat energy meter, the amount of payment for a utility service for heating is determined by formulas 3 (4) and Appendix No. 2 to these Rules based on the readings of an individual heat energy meter.

(see text in previous edition)

If an apartment building is equipped with a collective (common house) heat energy meter and at the same time residential and non-residential premises in an apartment building, the total area of \u200b\u200bwhich is more than 50 percent of the total area of \u200b\u200ball residential and non-residential premises in an apartment building, are equipped with distributors, the amount of payment for utility services according to heating is determined in accordance with the provisions of paragraphs three and four of this clause and is subject to adjustment once a year by the contractor in accordance with formula 6 of Appendix No. 2 to these Rules. Decision general meeting owners of premises in an apartment building, members of a partnership or cooperative, a more frequent frequency during the year for adjusting the amount of payment for the heating utility service provided to consumers in the apartment building specified in this paragraph may be established in the event that payment for the utility heating service is made during the heating season. period. In the event of failure, lack of evidence or the presence of a violation of the integrity of the seal of at least one distributor in a residential or non-residential premises of an apartment building, such a premises is equated to premises not equipped with distributors.

(see text in previous edition)

When choosing the method of payment for utility services for heating during the heating season with an open heat supply system (hot water supply), if the heat energy metering unit of an apartment building is equipped with a collective (common house) heat energy meter that takes into account the total volume (quantity) of heat energy consumed for the needs of heating and hot water supply, in order to determine the amount of payment for the utility service for heating in accordance with the provisions of paragraphs three to five of this paragraph, the volume (quantity) of thermal energy consumed during the billing period for heating needs during the heating period is determined as the difference in volume ( quantity) of heat energy consumed during the billing period, determined on the basis of the readings of the collective (common house) heat energy meter with which the apartment building is equipped, and the product of the volume (quantity) of heat energy consumed during the billing period, used on reheating water for the purpose of providing public services for hot water supply, determined on the basis of the standard consumption of thermal energy used for heating water for the purpose of providing public services for hot water supply, and the volume (quantity) of hot water consumed in the premises of an apartment building and for general house needs.

When choosing the method of payment for utility services for heating during the heating period, if with an open heat supply system (hot water supply) in an apartment building, collective (common house) meters are installed separately in the heating system and in the hot water supply system, the amount of payment for the utility service according to heating is determined in accordance with the provisions of paragraphs three - five of this paragraph.

When choosing the method of payment for utility services for heating during the heating period, the volume (quantity) of thermal energy in the amount determined on the basis of the readings of individual and (or) general (apartment) heat meters is used when calculating the amount of payment for the utility service for heating for the billing period in which the meter readings were transmitted by the consumer. When choosing the method of payment for utility services for heating evenly during the calendar year, the readings of individual and (or) general (apartment) heat meters are used when making adjustments for the past year.

(see text in previous edition)

42(2). The method of payment for utility services for heating during the heating period is applied from the beginning of the heating period in the year following the year in which the authority state power of the constituent entity of the Russian Federation, a decision was made to choose such a method, and the method of payment for utility services for heating evenly during the calendar year - from July 1 of the year following the year in which the state authority of the constituent entity of the Russian Federation decided to choose such a method.

In the event that a public authority of a constituent entity of the Russian Federation decides to change the method of payment for a utility service for heating, the contractor adjusts the amount of payment for a utility service for heating in the first quarter of the calendar year following the year in which the payment method is changed, in accordance with formula 6 (one)

(see text in previous edition)

43. The volume of heat energy consumed in non-residential premises of an apartment building is determined in accordance with paragraph 42 (1) of these Rules.

In the absence of a collective (common house) heat energy meter in an apartment building, as well as an individual heat energy meter, the specified volume is determined based on the consumption standard for heating utility services used in such an apartment building.

(see text in previous edition)

The volume of electric energy, cold water and hot water consumed in the room allocated in an apartment building for parking spaces, the volume of wastewater discharged is determined based on the readings of metering devices of the corresponding communal resource, established for the purpose of separate accounting for the consumption of communal resources in this room, and in their absence, based on the area of \u200b\u200bthe indicated room and the standard for the consumption of cold water, hot water, wastewater disposal, and electrical energy in order to maintain common property in an apartment building. The specified volume of electricity, cold and hot water, as well as waste water is distributed among the owners of parking spaces in proportion to the number of parking spaces belonging to each owner. At the same time, in the absence of metering devices for electric energy, cold water and hot water, installed for the purpose of separate accounting for the consumption of communal resources in this room, the amount of payment for the owners of parking spaces is determined by applying a multiplying factor to the corresponding standard for the consumption of a communal resource, the value of which is taken equal to 1.5.

(see text in previous edition)

44. The amount of payment for a utility service provided for general house needs in the cases established by paragraph 40 of these Rules, in an apartment building equipped with a collective (common house) meter, with the exception of the heating utility service, is determined in accordance with formula 10 of Appendix No. 2 to these Rules.

At the same time, the volume of utility services provided for general house needs for the billing period, distributed in accordance with formulas 11 - Appendix N 2 to these Rules between consumers, cannot exceed the volume of utility services calculated based on the consumption standards of the corresponding communal resource in order to maintain common property in apartment building, unless the general meeting of owners of premises in an apartment building held in in due course, a decision was made to distribute the volume of communal services in the amount of the excess of the volume of communal services provided for general house needs, determined on the basis of the readings of the collective (common house) meter, over the volume calculated on the basis of the standards for the consumption of a communal resource in order to maintain common property in an apartment building, between all residential and non-residential premises in proportion to the size of the total area of each residential and non-residential premises.

When calculating the payment for a utility service provided for general house needs to a consumer in a non-residential premises, the prices (tariffs) established for the category of consumers to which such a consumer belongs are used.

If the general house (collective) and all individual (apartment) metering devices have the same functionality for determining the volume of consumption of utility services differentiated by time of day or according to other criteria reflecting the degree of use of utility resources, then the volume of utility services provided for the billing period for general house needs are determined separately for each time of day or other criterion, and the amount of payment for each of such volumes of utility services is distributed among consumers in accordance with the first paragraph of this paragraph. In other cases, the volume of utility services provided for the billing period for general house needs is determined and distributed among consumers in an apartment building without taking into account the differentiation of this volume by time of day or according to other criteria reflecting the degree of use of communal resources, unless otherwise established by an agreement containing provisions on the provision of public services.

(see text in previous edition)

45. If the volume of the utility service provided for the billing period for general house needs is zero, then the payment for the corresponding type of utility service provided for general house needs, determined in accordance with paragraph 44 of these Rules, is not charged to consumers for such a billing period.

(see text in previous edition)

46. Payment for the corresponding type of utility service provided for the billing period for general house needs, determined in accordance with paragraph 44 of these Rules, is not charged to consumers if, when calculating the volume of the utility service provided for the billing period for general house needs, it is established that the volume the communal resource, determined on the basis of the readings of the collective (common house) meter for this billing period, is less than the sum of the volumes of the corresponding type of utility service determined in accordance with paragraphs 42 and these Rules, provided for this billing period to consumers in all residential and non-residential premises, and determined in accordance with clause 54 of these Rules, the volumes of the corresponding type of communal resource used by the contractor for this billing period in the independent production of utility services for heating and (or) hot water supply.

(see text in previous edition)

48. In the absence of a collective (general house) metering device, the amount of payment for a utility service (with the exception of a utility service for heating) provided for general house needs in an apartment building in the cases specified in paragraph 40 of these Rules is determined in accordance with formula 10 of Appendix No. 2 to these Rules. At the same time, the volume of the communal resource consumed in the maintenance of common property in an apartment building per residential (non-residential) premises is determined in accordance with formula 15 of Appendix No. 2 to these Rules.

(see text in previous edition)

49. If the household is not equipped with an individual metering device of the corresponding type of communal resource, then the consumer, in addition to the payment for the utility service provided in the residential premises calculated in accordance with paragraph 42 of these Rules, pays for the utility service provided to him when using the land plot and located on it outbuildings.

The amount of payment for the utility service provided to the consumer when using the land plot and outbuildings located on it is calculated in accordance with formula 22 of Appendix No. 2 to these Rules based on the standards for the consumption of utility services when using the land plot and outbuildings located on it.

The calculation of the amount of payment for the utility service provided to the consumer when using the land plot and the outbuildings located on it is carried out starting from:

from the date specified in the contract containing the provisions on the provision of public services, or in the consumer's application submitted to the contractor in accordance with subparagraph "k" of paragraph 34 of these Rules, on the start of consumption of the public services provided by the contractor when using the land plot and outbuildings located on it if the consumer does not have an individual meter;

from the date specified in the act on revealing the fact that the consumer does not have an individual metering device and on the consumption of the utility service provided by the contractor when using the land plot and outbuildings located on it. Such an act is drawn up by the contractor in the presence of the consumer and at least 2 disinterested persons. The contractor is obliged to indicate in the act being drawn up the objections of the consumer and is not entitled to prevent the consumer from involving other uninterested persons in the audit, information about which, if they are involved by the consumer, should also be included in the act drawn up by the contractor.

50. The calculation of the amount of payment for a utility service provided to a consumer living in a room (rooms) in a residential building that is a communal apartment (hereinafter referred to as a communal apartment) is carried out in accordance with formulas 7, , , , and Appendix No. 2 to these Rules, and in the case of establishing two-component tariffs for hot water - in accordance with formulas 25 - Appendix No. 2 to these Rules.

(see text in previous edition)

If a communal apartment is equipped with a common (apartment) electrical energy meter and at the same time all rooms in a communal apartment are equipped with room electrical energy meters, then the amount of payment for the utility service for electricity provided to the consumer in a room in a communal apartment is determined in accordance with formula 9 Annex No. 2 to these Rules.

If a communal apartment is equipped with a common (apartment) electrical energy meter and not all rooms in the communal apartment are equipped with room electrical energy meters, then the calculation of the amount of payment for a utility service for electricity provided to a consumer living in a room (rooms) equipped with a room electrical energy metering device is carried out based on the readings of the room metering device and the agreement reached between all consumers in a communal apartment on the procedure for determining the volume (quantity) of electrical energy consumed in premises that are the common property of the owners of rooms in a communal apartment, and on its distribution among all consumers in a communal apartment.

The specified agreement must be drawn up in writing, signed by the consumers of the communal apartment or their authorized representatives and transferred to the contractor. The contractor in this case calculates the payment for the utility service for electricity supply provided to consumers in a communal apartment in accordance with the agreement received from them, starting from the month following the month in which such an agreement was transferred to the contractor.

In the absence of this agreement, the calculation of the payment for the utility service for electricity supply is carried out in accordance with formula 7 of Appendix No. 2 to these Rules, without taking into account the readings of indoor electricity meters.

51. The calculation of the amount of payment for utilities provided to consumers in residential premises in dormitories of corridor, hotel and sectional type (with the presence of shared kitchens, toilets or shower blocks on the floors) is made in the manner established for calculating the amount of payment for utilities for consumers living in a communal apartment.

52. The calculation of the amount of payment for utilities provided to consumers in residential premises in apartment-type dormitories is carried out in the manner established for calculating the amount of payment for utilities for consumers living in residential premises in an apartment building.

(see text in previous edition)

54. In case self-produced by the utility service provider for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply) using equipment that is part of the common property of the owners of premises in an apartment building, the calculation of the amount of payment for consumers for such a utility service is carried out by the contractor based on from the volume of the communal resource (or resources) used during the billing period in the production of the communal service for heating and (or) hot water supply (hereinafter referred to as the communal resource used in the production), and the tariff (price) for the communal resource used in the production.

(see text in previous edition)

The volume of the communal resource used in the production is determined according to the readings of the metering device that fixes the volume of such a communal resource, and in its absence - in proportion to the costs of such a communal resource for the production of thermal energy used for the provision of a communal heating service and (or) for the provision of a communal service for hot water supply.

(see text in previous edition)

At the same time, the total volume (quantity) of thermal energy produced by the contractor for the billing period, used for the purpose of providing utility services for heating and (or) for the purpose of providing utility services for hot water supply, is determined according to the readings of metering devices installed on the equipment, using which the contractor a utility service for heating and (or) hot water supply was produced, and in the absence of such metering devices - as the sum of the volumes (quantity) of thermal energy used for the purpose of providing a utility service for heating and (or) for the purpose of providing a utility service for hot water supply, determined according to the readings of individual and common (apartment) heat energy metering devices, which are equipped with residential and non-residential premises of consumers, the volumes (amount) of consumption of thermal energy used for the provision of public services for heating and (or) the provision of public services for hot water supply, determined in the manner established by these Rules for consumers whose residential and non-residential premises are not equipped with such metering devices, and the volume (quantity) of heat energy consumption used to provide public services for hot water supply for general house needs, determined based on the standards consumption of hot water for the maintenance of common property in an apartment building and norms for the consumption of thermal energy used to heat water for hot water supply. The volume (quantity) of thermal energy consumed during the billing period for the heating needs of an apartment building or residential building is determined taking into account the provisions of paragraph 42 (1) of these Rules.

(see text in previous edition)

When determining the amount of the consumer's payment for the utility service for heating (in the absence of centralized heat supply), the volume of the communal resource used in the production is distributed among all residential and non-residential premises in an apartment building in proportion to the size of the total area owned (in use) by each consumer of residential or non-residential premises in an apartment building house in accordance with formula 18 of Appendix No. 2 to these Rules.

The amount of the consumer's payment for the utility service for hot water supply (in the absence of centralized hot water supply) is determined in accordance with formulas 20 and Appendix No. 2 to these Rules as the sum of 2 components:

(see text in previous edition)

the product of the volume of hot water consumed by the consumer, prepared by the contractor, and the tariff for cold water;

the product of the volume (quantity) of the communal resource used to heat cold water in order to provide public services for hot water supply, and the tariff (price) for the communal resource. At the same time, the volume (quantity) of the communal resource is determined based on the specific consumption of the communal resource used for heating cold water in order to provide public services for hot water supply, in an amount equal to the volume of hot water consumed during the billing period in residential or non-residential premises and for common house needs.

(see text in previous edition)

The payment for a utility service for heating and (or) hot water supply made by the contractor using equipment that is part of the common property of the owners of premises in an apartment building does not include the costs of maintaining and repairing such equipment. The cost of maintaining and repairing such equipment shall be included in the payment for the maintenance of the dwelling.

(see text in previous edition)

The amount of the consumer's payment for the heating utility service (in the absence of centralized heat supply) if there is a heat energy meter in the apartment building installed on equipment that is part of the common property in the apartment building, using which the heating utility service was provided, as well as individual (apartment) metering devices in all residential and non-residential premises of an apartment building is determined for the billing period in proportion to the amount of heat energy determined in accordance with formula 18 (1) of Appendix No. 2 to these Rules, and if the payment method for heating utilities is selected uniformly during the calendar year, once a year is adjusted in accordance with formula 18(3) of Appendix No. 2 to these Rules.

55. In the absence of a centralized hot water supply and the use of heating equipment installed in a residential area to meet the demand for hot water supply, no payment for a utility service for hot water supply is charged.

In this case, the volume of cold water, as well as electrical energy, gas, thermal energy used to heat cold water, is paid by the consumer as part of the payment for utility services for cold water supply, electricity supply, gas supply and heat supply.

In the absence of an individual or common (apartment) meter for cold water, electricity, gas and thermal energy used to heat cold water, the volume of consumption of such utilities is determined based on the consumption standards for utilities established for consumers living in residential premises in the absence of centralized hot water supply.

56. If temporarily living consumers use a dwelling that is not equipped with an individual and (or) common (apartment) metering device for hot water, and (or) cold water, and (or) electric energy, then the amount of payment for the corresponding type of utility service, provided in such residential premises is calculated in accordance with these Rules based on the number of permanently and temporarily residing consumers in the residential premises. At the same time, in order to calculate the payment for the corresponding type of utility service, the consumer is considered to be temporarily residing in a residential area if he actually lives in this residential area for more than 5 days in a row.

56(1). If the dwelling is not equipped with an individual or common (apartment) meter for cold water, hot water, electricity and gas and the contractor has information about consumers temporarily residing in the dwelling who are not registered in this premises at a permanent (temporary) place of residence or place of stay, the contractor has the right to draw up an act on the establishment of the number of citizens temporarily residing in residential premises. The specified act is signed by the executor and the consumer, and if the consumer refuses to sign the act, by the executor and at least 2 consumers and a member of the council of an apartment building in which a partnership or cooperative is not established, by the chairman of the partnership or cooperative, if the management of the apartment building is carried out by a partnership or cooperative and the management body of such a partnership or cooperative has entered into a management agreement with the managing organization.

(see text in previous edition)

This act shall indicate the date and time of its compilation, last name, first name and patronymic of the owner of the residential premises (permanently resident consumer), address, place of residence, information on the number of temporarily resident consumers, and also, if it is possible to determine the date of the beginning of their residence and subject to the signing of the act by the owner of the residential premises (permanently resident consumer), the date of the beginning of their residence is indicated. In the event that the owner of the residential premises (permanently resident consumer) refuses to sign the act or the owner of the residential premises (permanently resident consumer) is absent from the residential premises at the time of drawing up the act, a corresponding note is made in this act. The contractor is obliged to transfer 1 copy of the act to the owner of the residential premises (permanently resident consumer), and in case of refusal to receive such an act, a note is made.

(see text in previous edition)

The specified act is sent by the executor to the internal affairs bodies within 3 days from the date of its preparation.

(see text in previous edition)

56(2). In the absence of citizens permanently and temporarily residing in residential premises, the volume of public services is calculated taking into account the number of owners of such premises.

57. The amount of payment for the corresponding type of utility service provided to temporarily resident consumers is calculated by the contractor in proportion to the number of days lived by such consumers and is paid by the permanently resident consumer. The calculation of the amount of payment for the corresponding type of utility service provided to temporarily resident consumers is terminated from the day following the day:

a) putting into operation an individual and (or) common (apartment) metering device for hot water, cold water and (or) electric energy, designed to account for the consumption of such (such) communal resources in a dwelling used by temporarily living consumers;

B) the end of the period of residence of such consumers in the residential premises, which is indicated in the application of the owner or permanently resident consumer on the use of residential premises by temporarily resident consumers, but not earlier than the date of receipt of such an application by the contractor.

57(1). The date of commencement of residence of temporary residents in residential premises for use in calculating utility bills and, if necessary, recalculations for past periods is indicated in the application of the owner (permanently resident consumer) on the use of residential premises by temporarily resident consumers. In the absence of such an application or in the absence in such an application of the date of commencement of residence of temporarily residing persons in residential premises, such a date shall be considered the 1st day of the month of the date of drawing up the act on establishing the number of citizens temporarily residing in residential premises. The specified act is drawn up in the manner prescribed by paragraph 56(1) of these Rules.

(see text in previous edition)

In the application of the owner or permanently resident consumer on the use of residential premises by temporarily resident consumers, the last name, first name and patronymic of the owner or permanently resident consumer, address, place of his residence, information on the number of temporarily resident consumers, on the dates of the beginning and end of residence of such consumers in residential area. Such an application is sent to the contractor by the owner or permanently resident consumer within 3 working days from the date of arrival of temporarily resident consumers.

58. The number of consumers temporarily residing in the residential premises is determined on the basis of the application specified in subparagraph "b" of paragraph 57 of these Rules, and (or) on the basis of an act drawn up by the contractor in accordance with paragraph 56 (1) of these Rules on establishing the number of citizens, temporarily living in a residential area.

(see text in previous edition)

59. The payment for a utility service provided to a consumer in a residential or non-residential premises for the billing period is determined based on the calculated average monthly volume of consumption of the utility resource by the consumer, determined according to the readings of an individual or common (apartment) meter for a period of at least 6 months (for heating - based on the average monthly volume of consumption for the heating period in cases where, in accordance with paragraph 42(1) of these Rules, the readings of an individual or common (apartment) meter are used to determine the amount of heating payment), and if the period of operation of the meter was less than 6 months , - then for the actual period of operation of the meter, but not less than 3 months (for heating - not less than 3 months of the heating period in cases where, in accordance with paragraph 42 (1) of these Rules, when determining the amount of heating payment, indications of individual or general (apartment) meter), in the following services teas and for the indicated settlement periods:

(see text in previous edition)

A) in the event of failure or loss of an individual, general (apartment), room metering device previously put into operation or the expiration of its service life, determined by the period of time before the next verification, - starting from the date when the indicated events occurred, and if the date is set impossible - then starting from the billing period in which the indicated events occurred, until the date when the accounting of the communal resource was resumed by putting into operation an individual, general (apartment), room meter that meets the established requirements, but not more than 3 billing periods in a row for residential premises and no more than 2 settlement periods in a row for non-residential premises;

B) if the consumer fails to provide readings of an individual, general (apartment), room meter for the billing period within the time limits established by these Rules, or by an agreement containing provisions on the provision of public services, or by a decision of the general meeting of owners of premises in an apartment building, - starting from the billing period for which the consumer did not submit meter readings up to the billing period (inclusive) for which the consumer provided the executor with meter readings, but not more than 3 billing periods in a row;

(see text in previous edition)

ConsultantPlus: note.

Norm pp. "e" of paragraph 85, referred to in the paragraph below, corresponds to the norm of paragraphs. "e" of paragraph 85 as amended by the Government Decree of December 26, 2016 N 1498.

C) in the case specified in subparagraph "d" of paragraph 85 of these Rules - starting from the date when the contractor drew up an act on refusal of admission to the metering device, distributors, until the date of the inspection in accordance with subparagraph "f" of paragraph 85 of these Rules, but not more than 3 billing periods in a row.

(see text in previous edition)

59(1). The payment for the utility service provided for general house needs for the billing period, taking into account the provisions of paragraph 44 of these Rules, as well as the payment for the heating utility service, are determined based on the calculated average monthly volume of consumption of the communal resource, determined according to the readings of the collective (common house) meter for the period not less than 6 months (for heating - based on the average monthly consumption for the heating period), and if the period of operation of the meter was less than 6 months, then for the actual period of operation of the meter, but not less than 3 months (for heating - at least 3 months heating period) - starting from the date when the collective (general house) metering device that was previously put into operation failed or was lost or its service life expired, and if the date cannot be determined, then starting from the billing period in which the indicated events occurred, until the date when the accounting of the communal resource was resumed by introducing into operation of a collective (common house) metering device that meets the established requirements, but not more than 3 billing periods in a row.

(see text in previous edition)

59(2). If the period of operation of an individual or common (apartment), room meter (with the exception of an individual or common (apartment) heat energy meter) is less than 3 months, in the cases specified in paragraph 59 of these Rules, payment for utilities provided to consumers in residential or non-residential premises for the billing period, is determined based on the consumption standards of the relevant utilities.

If the period of operation of an individual or common (apartment) heat energy meter was less than 3 months of the heating period, in the cases specified in paragraph 59 of these Rules, the payment for the heating utility service provided to consumers in residential or non-residential premises of an apartment building equipped with a collective ( common building) heat energy meter, is determined in accordance with the provisions of paragraphs three - five of paragraph 42 (1) of these Rules.

(see text in previous edition)

60. After the expiration of the maximum number of settlement periods specified in paragraph 59 of these Rules, for which the payment for the utility service is determined according to the data provided for in the specified paragraph, the payment for the utility service provided to the dwelling is calculated in accordance with paragraph 42 of these Rules in cases provided for in subparagraphs "a" and "c" of paragraph 59 of these Rules, based on the standards for the consumption of utilities using a multiplying factor, the value of which is assumed to be 1.5, and in the cases provided for in subparagraph "b" of paragraph 59 of these Rules, based on utility consumption standards.

After the expiration of the maximum number of settlement periods specified in clause 59 of these Rules, for which the utility service fee is determined according to the data provided for in the specified clause, the fee for the utility service provided to non-residential premises is calculated in accordance with clause 43 of these Rules.

When calculating the payment for a utility service in accordance with this paragraph, differentiation of tariffs by day zones and other criteria is not applied.

(see text in previous edition)

60(1). After the expiration of the maximum number of settlement periods specified in clause 59 (1) of these Rules, for which the payment for the utility service provided for general house needs and the payment for the utility service for heating are determined according to the data provided for in the specified clause, if the owners of premises in an apartment building the house did not provide in accordance with the established procedure the restoration of the working capacity of a failed or replacement of a collective (general house) meter lost earlier and put into operation, as well as the replacement of such a meter after the expiration of its service life, utility bills for the billing period are calculated:

for a utility service provided for general house needs, with the exception of a utility service for heating, in the manner specified in paragraph 48 of these Rules;

(see text in previous edition)

If the consumer is not admitted 2 or more times to the contractor’s residential and (or) non-residential premises occupied by him to check the status of installed and commissioned individual, common (apartment) metering devices, verify the reliability of the information provided on the readings of such metering devices and subject to the execution of an act by the executor on the refusal of admission to the metering device, the readings of such a metering device provided by the consumer are not taken into account when calculating the payment for utilities until the date of signing the act of conducting the specified check. If the consumer does not provide access to the residential premises occupied by him, home ownership to the contractor after the maximum number of settlement periods specified in subparagraph "c" of paragraph 59 of these Rules, for which the payment for the utility service is determined according to the data provided for in the specified paragraph, the amount of payment for utilities is calculated taking into account multiplying coefficients in accordance with the formulas for calculating the amount of payment for utility services of cold water supply, hot water supply, electricity supply, provided for the application of multiplying coefficients, starting from the billing period following the billing period specified in subparagraph "c "Clause 59 of these Rules, before the date of drawing up the inspection report.

(see text in previous edition)

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

(see text in previous edition)

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

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

62. Upon detection of a connection carried out in violation of the established procedure (hereinafter - unauthorized connection) of the consumer's in-house equipment to the in-house engineering systems the performer is obliged to draw up an act on the detection of unauthorized connection in the manner prescribed by these Rules.

Based on the act of detecting an unauthorized connection, the contractor sends a notification to the consumer about the need to eliminate the unauthorized connection and charges additional fees for the utility service for the consumer, in whose interests such connection was made, for utilities consumed without proper accounting.

In this case, the additional charge of the fee should be made based on the volume of the communal resource, calculated as the product of the capacity of the unauthorized connected equipment (for water supply and sanitation - by the capacity of the pipe) and its round-the-clock operation for the period starting from the date of the unauthorized connection specified in the act on detection of an unauthorized connection, compiled by the contractor with the involvement of the relevant resource supplying organization, and if it is impossible to establish the date of the unauthorized connection, from the date of the previous check by the contractor, but not more than 3 months preceding the month in which such a connection was detected, until the date of elimination by the contractor such an unauthorized connection. If it is impossible to determine the power of unauthorized connected equipment, additional charges are charged based on the volume determined on the basis of the consumption standard for the relevant utilities, applying a multiplying factor of 10 to such volume. specified cases calculated taking into account the number of owners of such premises.

The verification of the fact of unauthorized connection of a consumer in a non-residential premises is carried out by the performer in the manner prescribed by these Rules, if the resource-consuming equipment of such a consumer is connected to in-house engineering networks, and an organization authorized to perform these actions by the legislation of the Russian Federation on water supply, sanitation, electricity supply, heat supply, gas supply, in the event that such a connection is made to centralized engineering and technical support networks before being entered into an apartment building and the consumption of a communal resource in such a non-residential premises is not recorded by a collective (common house) metering device.

The volume of communal resources consumed in non-residential premises in case of unauthorized connection is determined by the resource supplying organization by calculation methods provided for by the legislation of the Russian Federation on water supply and sanitation, electricity supply, heat supply, gas supply for cases of unauthorized connection.

(see text in previous edition)

63. Consumers are required to pay utility bills on time.

Payment for utility services is paid by consumers to the contractor or a paying agent acting on his behalf or a bank paying agent.

64. Consumers have the right, in the presence of an agreement containing provisions on the provision of public services, concluded with the contractor represented by a managing organization, partnership or cooperative, to pay for utilities directly to the resource supply organization that sells the communal resource to the contractor, or through the payment methods indicated by such resource supply organization agents or bank paying agents in the event that the decision to switch to such a method of payment and on the date of transition was made by the general meeting of owners of premises in an apartment building, members of a partnership or cooperative. In this case, the contractor is obliged to provide the resource supplying organization with information about the decision taken no later than 5 working days from the date of adoption of the said decision.

a) pay utility bills in cash, in a non-cash form using accounts opened, including for these purposes, in banks of their choice or by transferring funds without opening a bank account, by postal transfers, bank cards, via the Internet and in other forms provided for by the legislation of the Russian Federation, with the obligatory preservation of documents confirming payment for at least 3 years from the date of payment;

b) instruct other persons to pay for utility services instead of them by any means that do not contradict the requirements of the legislation of the Russian Federation and the agreement containing provisions on the provision of utility services;

c) pay utility bills for the last billing period in parts, without violating the deadline for paying utility bills established by these Rules;

D) make advance payments for utility services against future billing periods.

66. Payment for utilities is paid monthly, before the 10th day of the month following the expired billing period for which payment is made, if the contract for managing an apartment building or the decision of the general meeting of members of a homeowners association or cooperative (when providing utility services by a partnership or cooperative ), there is no other deadline for paying utility bills.

(see text in previous edition)

67. Payment for utilities is paid on the basis of payment documents submitted to consumers by the contractor no later than the 1st day of the month following the expired billing period for which payment is made, if the contract for the management of an apartment building or the decision of the general meeting of members of a homeowners association or cooperative ( when providing utility services by a partnership or cooperative) there is no other deadline for submitting payment documents.

b) the name of the performer (indicating the name legal entity or last name, first name and patronymic individual entrepreneur), his bank account number and Bank details, address (location), contact phone numbers, fax numbers and (if available) addresses Email, the address of the artist's website on the Internet;

c) an indication of the paid month, the name of each type of paid utility service, the amount of tariffs (prices) for each type of the relevant utility resource, units for measuring the volumes (quantity) of utility resources (when hot water tariffs are used in payments for utility services for hot water supply, consisting of a component for cold water used to provide a public service for hot water supply, and a component for thermal energy used for heating water for the purpose of providing a public service for hot water supply - the value of each of the components, units of measurement of the volume (quantity) of hot water and thermal energy in physical terms);

The payment document indicates information about the regional operator for the treatment of municipal solid waste, in the area of \u200b\u200bactivity of which solid municipal waste is generated by the consumer and there are places (sites) for their accumulation (contact phone numbers, the address of the site on the Internet, which contains, among other things, information on the work schedule of the regional operator for the treatment of municipal solid waste).

70. In the payment document issued to the consumer of utility services in an apartment building (cold water supply, hot water supply, sewerage, electricity supply), in the case established by paragraph one of clause 40 of these Rules, the payment for utilities for general house needs and the payment for utilities provided consumer in a residential or non-residential premises are to be indicated in separate lines.

(see text in previous edition)

72. If the amount of payment for the utility service provided to the consumer in the residential premises accrued to the consumer in accordance with the requirements of this section in any billing period exceeds by more than 25 percent the amount of the utility service charge accrued for the same billing period of the previous year, then the contractor is obliged to provide the consumer with the opportunity to pay for such a utility service in installments on the conditions specified in this clause.

The provision of such an opportunity is carried out by including in the payment document provided by the contractor to the consumer, along with the position providing for the payment of utility service fees for the billing period at a time, positions providing for the possibility of payment by the consumer in installments in the amount of one twelfth of the utility fee for the expired ( expired) billing period in which (which) the specified excess occurred, and the amount of interest for using the installment plan, which is payable by the consumer when paying for utility services under this payment document.

When calculating the amount of excess payment for a utility service, the amount of excess arising as a result of an increase in the number of permanently and temporarily resident consumers in a residential building is not taken into account.

The installment plan is provided on the terms of payment for utility services in equal installments within 12 months, including the month from which the installment plan is granted, and the collection of interest for the provided installment plan, the amount of which cannot be higher than the refinancing rate increased by 3 percent Central Bank Russian Federation, valid on the day the installment plan is granted. Interest for the provided installment plan is not accrued or is accrued in a smaller amount, if at the expense of the budget (budgets) various levels budget system In the Russian Federation, the contractor is provided with compensation (reimbursement) of funds not received in the form of interest for the provision of installments.

73. The consumer who has received from the contractor the payment document specified in paragraph 72 of these Rules has the right to pay the fee on the terms of the provided installment plan or refuse to pay the fee in installments and pay the fee in a lump sum or use the provided installment plan, but in the future to pay the balance of the fee ahead of schedule at any time within the established installment period, in which case the consent of the contractor for early payment of the balance of the fee is not required.

74. The contractor, who provided the installment plan to the consumer who used such an installment plan, has the right to inform about it in writing with supporting documents attached to the resource supply organization with which the contractor concluded an agreement on the acquisition of the corresponding type of communal resource in order to provide public services. Such a resource-supplying organization is obliged to provide the contractor with a similar installment plan on the same terms that the contractor provided to the consumer. Interest for the provided installment plan is not accrued or is accrued in a smaller amount if, at the expense of the budget (budgets) of various levels of the budgetary system of the Russian Federation, the resource supplying organization is provided with appropriate compensation (reimbursement) of funds not received in the form of interest for the provision of installment plan. part 2 of article 8 federal law dated December 29, 2004 N 189-FZ "On the entry into force of the Housing Code of the Russian Federation").

76. If the consumer is provided with a benefit in the form of a discount on utility bills in accordance with the established procedure, the amount of utility bills is reduced by the amount of the discount. Such a discount is applied to payment for utility services provided to the consumer in a residential building and for common house needs in an apartment building and in a residential building in a household.

(see text in previous edition)

77. In the event that a consumer who, in accordance with the legislation of the Russian Federation, is provided with compensation for expenses for paying utility bills or a subsidy for paying for housing and utilities, or in respect of which other measures are applied social support in monetary form, the amount of payment for utilities is not subject to reduction and is paid in full. These social support measures are applied to payments for utilities provided to the consumer in a residential building and for common house needs in an apartment building and in a residential building in a household.

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