Ministry letter regional development RF dated March 20, 2007 N 4989-SK / 07
"On the application of paragraphs 3 and 49 of the Rules for the provision of public services to citizens, approved by a government decree Russian Federation dated May 23, 2006 N 307"
The Ministry of Regional Development of the Russian Federation, in accordance with paragraph 6 of the Decree of the Government of the Russian Federation of May 23, 2006 N 307 "On the Procedure for the Provision of Public Services to Citizens", in connection with numerous appeals from consumers and utility service providers, provides clarifications on the application of paragraph 3 and subparagraphs "a "-" g " of paragraph 49 of the Rules for the provision of public services to citizens.
In accordance with paragraph 3 of the Rules for the provision of public services to citizens, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 307 (hereinafter referred to as the Rules), the utility service provider is a legal entity, regardless of the legal form, as well as an individual entrepreneur providing utilities services producing or acquiring communal resources and responsible for the maintenance of in-house engineering systems, with the use of which utility services are provided to the consumer.
Based on paragraphs 3 and 49 of the Rules, depending on the method of managing apartment buildings chosen in the manner prescribed by Article 161 of the Housing Code of the Russian Federation, the contractor can be:
- a managing organization whose duties include the provision of all utilities, depending on the existing degree of improvement of an apartment building;
- an association of homeowners (housing construction, housing or other specialized consumer cooperative), whose responsibilities include the provision of all utilities, depending on the degree of improvement of the apartment building;
- another organization producing or acquiring communal resources (including a resource-supplying organization) - only in the direct management of the owners of premises in an apartment building or in the provision of utility services to owners of residential buildings.
According to paragraphs 3 and 49 of the Rules, in cases where the management of an apartment building is carried out managing organization, a partnership of homeowners (a housing construction, housing or other specialized consumer cooperative), a resource supplying organization cannot be a utility service provider.
In accordance with paragraph 3 and subparagraphs "a" - "d" of paragraph 49 of the Rules, an obligatory sign of the status of a utility service provider is the responsibility of one person for supplying communal resources to the dwelling, and at the same time for servicing in-house engineering systems, using which utilities are provided to the consumer services.
According to subparagraph "d" of paragraph 49 of the Rules, the utility service provider is obliged to service the in-house engineering systems, using which utility services are provided to the consumer, both independently and with the involvement of other persons on the basis of a reimbursable contract.
I ask you to bring the requirements of the legislation of the Russian Federation and these explanations to the organizations of housing and communal services, associations of homeowners or housing or other specialized consumer cooperatives operating in the territories of the constituent entities of the Russian Federation and municipalities, for guidance in the application of the Rules for the provision of public services to citizens, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 307.
And about. department director
housing and communal services S.A. Krainev
B) do not apply to relations that arise during the supply of gas to meet the domestic needs of citizens and the regulation of which is carried out in accordance with the Rules for the supply of gas to meet the domestic needs of citizens, approved by Decree of the Government of the Russian Federation of July 21, 2008 N 549 ;
C) come into force after 2 months from the date of entry into force of the changes that are made to the Rules for establishing and determining the standards for the consumption of utility services specified in paragraph four of subparagraph "b" of paragraph 4 of this Decree.
3. Establish that the Ministry of Regional Development of the Russian Federation provides clarifications on the application of the Rules approved by this Decree.
A) within 2 months, submit in agreement with the Ministry of Energy of the Russian Federation and with the participation of interested federal bodies executive power proposals to the Government of the Russian Federation on improving the Rules for the supply of gas to meet domestic needs of citizens, approved by Decree of the Government of the Russian Federation of July 21, 2008 N 549, and the main provisions for the functioning of retail markets electrical energy, approved by the Decree of the Government of the Russian Federation of August 31, 2006 N 530;
Approve in consultation with Federal Service by tariffs approximate form a payment document for making payments for the maintenance and repair of residential premises and the provision of public services, as well as guidelines for its completion;
Submit, in agreement with the Ministry of Economic Development of the Russian Federation and the Federal Tariff Service in in due course to the Government of the Russian Federation a draft act on amendments to the Rules for establishing and determining standards for the consumption of utilities, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306, providing, among other things:
Exclusion from the volumes of communal resources taken into account when determining the standards for the consumption of communal services in a residential building, the volumes of communal resources provided for maintenance common property apartment building, and normative technological losses of communal resources;
The procedure for establishing standards for the consumption of utilities, with the exception of gas supply, when using land plot and outbuildings;
C) within 5 months, approve, in agreement with the Ministry of Economic Development of the Russian Federation, the approximate terms of an energy service agreement aimed at saving and (or) increasing the efficiency of utility consumption when using common property in an apartment building;
D) within 6 months to approve the criteria for the presence (absence) technical feasibility installation of individual, common (apartment), collective (common house) metering devices, as well as the form of an inspection report to establish the presence (absence) of the technical feasibility of installing such metering devices and the procedure for filling it out.
5. To recommend that the state authorities of the constituent entities of the Russian Federation approve the standards for the consumption of utilities in residential premises, the standards for the consumption of utilities for general house needs, the standards for the consumption of utilities when using a land plot and outbuildings no later than 2 months from the date of entry into force of the changes that are made in the Rules for establishing and determining the standards for the consumption of utilities specified in paragraph four of subparagraph "b" of paragraph 4 of this Decree.
Decree of the Government of the Russian Federation of May 23, 2006 N 307 "On the procedure for providing public services to citizens" (Collected Legislation of the Russian Federation, 2006, N 23, Art. 2501);
Clause 3 of Decree of the Government of the Russian Federation of July 21, 2008 N 549 "On the procedure for supplying gas to meet the domestic needs of citizens" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, N 30, Art. 3635);
Clause 5 of the amendments that are made to the acts of the Government of the Russian Federation approved by Decree of the Government of the Russian Federation of July 29, 2010 N 580 "On the amendment and invalidation of certain acts of the Government of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2010, N 31, Art. 4273).
1. These Rules govern relations for the provision of public services to owners and users of premises in apartment buildings, owners and users of residential buildings, including relations between contractors and consumers of public services, establish their rights and obligations, the procedure for concluding an agreement containing provisions on the provision of public services, as well as the procedure for monitoring the quality of the provision of public services, the procedure for determining the amount of payment for utilities services using metering devices and in their absence, the procedure for recalculating the amount of payment for certain types utility services during the period of temporary absence of citizens in the occupied premises, the procedure for changing the amount of payment for utility services in the provision of utility services of inadequate quality and (or) with interruptions exceeding the established duration, determine the grounds and procedure for suspending or restricting the provision of utility services, and also regulate issues related to the onset of responsibility of performers and consumers of public services.
"intra-house engineering systems" - engineering communications (networks), mechanical, electrical, sanitary and other equipment, which are common property of the owners of premises in an apartment building, designed to supply communal resources from centralized engineering networks to in-house equipment, as well as for production and provision by the contractor of utility services for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply).
In residential buildings, in-house engineering systems include those located within the land plot on which the residential building is located, as well as engineering communications (networks) located in the residential building, mechanical, electrical, sanitary and other equipment, with the use of which utility services are consumed;
"in-house equipment" - located in a residential or non-residential premises in an apartment building and engineering communications (networks), mechanical, electrical, sanitary and other equipment that are not part of the intra-house engineering systems of an apartment building, with the use of which utility services are consumed;
"household" - a residential building (part of a residential building) and adjoining and (or) standing separately on a common land plot with a residential building (part of a residential building) outbuildings (garage, bathhouse (sauna, swimming pool), greenhouse (winter garden) , premises for keeping livestock and poultry, other facilities);
"individual metering device" - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (quantity) of consumption communal resource in one residential or non-residential premises in an apartment building (with the exception of residential premises in a communal apartment), in a residential building (part of a residential building) or household;
"performer" - a legal entity, regardless of the organizational and legal form, or an individual entrepreneur providing utility services to the consumer;
"collective (general) metering device" - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (quantity) of a communal resource supplied to an apartment building;
"utility services" - the implementation of the activities of the contractor to supply consumers with any communal resource individually or 2 or more of them in any combination in order to ensure favorable and safe conditions use of residential, non-residential premises, common property in an apartment building, as well as land plots and residential buildings (households) located on them;
"communal resources" - cold water, hot water, electricity, natural gas, thermal energy, domestic gas in bottles, solid fuel in the presence of stove heating, used for the provision of public services. Domestic waste water discharged through centralized networks of engineering and technical support is also equated to communal resources;
Government Decree No. 307 of May 23, 2006 expired from September 1, 2012 in connection with the publication Decrees of the Government of the Russian Federation of 06.05.2011 N 354 , which approved the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings.
GOVERNMENT OF THE RUSSIAN FEDERATION
ON THE PROCEDURE FOR PROVIDING PUBLIC SERVICES TO CITIZENS
No. 580 dated July 29, 2010, No. 354 dated May 6, 2011, No. 635 dated June 25, 2012)
In order to protect the rights of consumers of utility services and in accordance with Article 157 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:
1. Approve the attached Rules for the provision of public services to citizens.
2. Recognize as invalid:
Decree of the Government of the Russian Federation of September 26, 1994 N 1099 "On approval of the Rules for the provision of public services and the Rules for the provision of services for the removal of solid and liquid household waste" (Collected Legislation of the Russian Federation, 1994, N 26, Art. 2795);
paragraph 2 of Decree of the Government of the Russian Federation of February 24, 1995 N 182 "On the introduction of amendments and additions to certain decisions of the Government of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1995, N 10, art. 894);
paragraph 2 of the amendments and additions that are made to the decisions of the Government of the Russian Federation on housing issues, approved by Decree of the Government of the Russian Federation of October 13, 1997 N 1303 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1997, N 42, Art. 4788);
subparagraph "h" of paragraph 1 of the amendments and additions that are made to the Rules for the sale of certain types of goods and to the list non-food items of good quality, not subject to return or exchange for a similar product of a different size, shape, size, style, color or configuration, approved by Decree of the Government of the Russian Federation of February 6, 2002 N 81 (Collected Legislation of the Russian Federation, 2002, N 6, art. 584), in terms of supplementing the Rules for the sale of certain types of goods, approved by Decree of the Government of the Russian Federation of January 19, 1998 N 55, section XVI "Peculiarities of the sale of liquefied hydrocarbon gas";
paragraph 4 of the amendments that are made to the acts of the Government of the Russian Federation approved by Decree of the Government of the Russian Federation of February 1, 2005 N 49 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, N 7, Art. 560).
3. Clause 2 of the Procedure for payment for electrical, thermal energy and natural gas, approved by Decree of the Government of the Russian Federation of April 4, 2000 N 294 (Collected Legislation of the Russian Federation, 2000, N 15, Art. 1594), shall be stated as follows:
"2. Payment by consumers of electrical, thermal energy and natural gas on the territory of the Russian Federation is carried out using advance payments or settlements under a letter of credit in the manner established by an agreement between the consumer and energy supply organization unless otherwise provided by agreement of the parties. This rule does not apply to budget institutions, whose activities are financed from the relevant budget on the basis of an estimate of income and expenses, state-owned enterprises, homeowners associations, housing construction, housing and other specialized consumer cooperatives, management organizations or individual entrepreneurs managing apartment buildings, if advance payment for utilities is not established in an apartment building management agreement.
4. In paragraph 3 of the Rules for the use of public water supply and sewerage systems in the Russian Federation, approved by Decree of the Government of the Russian Federation of February 12, 1999 N 167 (Collected Legislation of the Russian Federation, 1999, N 8, art. 1028; 2003, N 33, art. . 3269), the words "Rules for the provision of public services, approved by Decree of the Government of the Russian Federation of September 26, 1994 N 1099 (Collected Legislation of the Russian Federation, 1994, N 26, art. 2795; 1995, N 10, art. 894; 1997, N 42, art. 4788)" shall be replaced by the words "Rules for the provision of public services to citizens, approved by the Government of the Russian Federation".
5. Has expired. - Decree of the Government of the Russian Federation of June 25, 2012 N 635.
6. Establish that the Ministry of Regional Development of the Russian Federation gives clarifications on the application of the Rules approved by this Decree.
Prime Minister
Russian Federation
M. FRADKOV
Approved
Government Decree
Russian Federation
dated May 23, 2006 N 307
REGULATIONS
PROVISION OF PUBLIC SERVICES TO CITIZENS
(as amended by Decrees of the Government of the Russian Federation of July 21, 2008 N 549,
dated 29.07.2010 N 580, dated 06.05.2011 N 354)
1. These Rules govern relations between contractors and consumers of utility services, establish their rights and obligations, responsibilities, as well as the procedure for monitoring the quality of the provision of utility services, the procedure for determining the amount of payment for utilities using metering devices and, in their absence, the procedure for recalculating the amount of payment for certain types of public services during the period of temporary absence of citizens in the occupied residential premises and the procedure for changing the amount of payment for public services in the provision of public services of inadequate quality and (or) with interruptions exceeding the established duration.
2. These Rules apply to relations relating to the provision of public services to citizens legally residing in residential premises of private, state and municipal housing funds.
3. The following definitions are used in these Rules:
"public services" - the activities of the utility service provider for cold water supply, hot water supply, sanitation, electricity supply, gas supply and heating, ensuring comfortable living conditions for citizens in residential premises;
"executor" - a legal entity, regardless of the legal form, as well as an individual entrepreneur providing utility services, producing or acquiring utility resources and responsible for maintaining in-house engineering systems, using which utility services are provided to the consumer. The contractor may be a managing organization, a homeowners association, a housing construction, housing or other specialized consumer cooperative, and in the case of direct management of an apartment building by the owners of the premises, another organization producing or acquiring communal resources;
"consumer" - a citizen who uses utilities for personal, family, household and other needs not related to entrepreneurial activities;
"managing organization" - a legal entity, regardless of the organizational and legal form, as well as an individual entrepreneur managing an apartment building on the basis of an apartment building management agreement;
"resource-supplying organization" - a legal entity, regardless of the organizational and legal form, as well as an individual entrepreneur selling communal resources;
"authorized bodies" - local self-government bodies, state authorities of the federal cities of Moscow and St. Petersburg;
"communal resources" - cold water, hot water, electric energy, gas, domestic gas in bottles, thermal energy, solid fuel used for the provision of public services;
"communal services consumption standard" - the monthly volume (quantity) of consumption of communal resources by the consumer, used in determining the amount of payment for utilities in the absence of individual, common (apartment) metering devices, as well as in other cases specified in these Rules;
"residential premises" - an isolated premise that is immovable property and is suitable for permanent residence citizens (meets the established sanitary and technical rules and norms, other requirements of the legislation). Residential premises include a residential building, a part of a residential building, an apartment, a part of an apartment, a room;
"intra-house engineering systems" - engineering communications and equipment intended for the provision of public services and located in the premises of an apartment building or in a residential building;
"collective (common house) metering device" - a measuring instrument used to determine the volume (quantity) of utility resources supplied to an apartment building;
"general (apartment) metering device" - a measuring instrument used to determine the volume (quantity) of consumption of communal resources in a communal apartment;
"individual metering device" - a measuring instrument used to determine the volume (quantity) of consumption of communal resources by consumers living in the same residential building of an apartment building or in a residential building;
"distributor" - a means of measurement used to determine the relative share in the common house payment for heat energy attributable to the residential or non-residential premises in which the distributor is installed, the amount of which is determined using the readings of the collective (common house) heat energy meter;
"communal services of proper quality" - utilities that meet the requirements of these Rules, sanitary and technical requirements to the regime, volume and quality of the provision of public services, other requirements of the legislation of the Russian Federation, as well as an agreement concluded by the contractor in accordance with the legislation of the Russian Federation and containing the conditions for the provision of public services.
4. Utilities provided to the consumer in the manner prescribed federal laws, other regulatory legal acts of the Russian Federation and these Rules, on the basis of an agreement containing the conditions for the provision of utility services and concluded by the contractor with the owner of the residential premises in accordance with the legislation of the Russian Federation (hereinafter referred to as the agreement).
The conditions for changing the amount of payment for utilities when providing utilities of inadequate quality and (or) with interruptions exceeding the established duration are given in Appendix No. 1.
The calculation of the amount of payment for utilities is given in Appendix No. 2.
5. Obligations to provide public services of proper quality arise from the contractor to all consumers.
6. The composition of the utilities provided to the consumer is determined by the degree of improvement of the apartment building or residential building, which means the presence in the apartment building or residential building of in-house engineering systems that allow the consumer to provide the following utilities:
cold water supply - round-the-clock provision of the consumer with cold drinking water of proper quality, supplied in the required volumes through the connected network to the residential premises or to the standpipe;
hot water supply - round-the-clock provision of the consumer with hot water of proper quality, supplied in the required volumes through the connected network to the dwelling;
sewerage - removal of domestic sewage from a dwelling through an attached network;
power supply - round-the-clock provision of the consumer with electrical energy of the proper quality, supplied in the required volumes through the connected network to the residential premises;
gas supply - round-the-clock provision of the consumer with gas of proper quality, supplied in the required volumes through the connected network to the residential premises, as well as the sale of domestic gas in cylinders;
heating - maintenance in a residential area heated by a connected network of the air temperature specified in paragraph 15 of Appendix No. 1 to these Rules, as well as the sale solid fuel with stove heating.
7. If the owners of premises in an apartment building (in the case of direct management of such a house) or the owners of residential buildings do not have an agreement concluded with the contractor, these owners conclude an agreement on the purchase of cold water, hot water, electricity, gas and heat, as well as on wastewater disposal directly with the relevant resource supplying organization. In this case, the resource supplying organization is responsible for the mode and quality of the supply of cold water, hot water, electricity, gas and heat, as well as water disposal at the border of networks that are part of the common property of the owners of premises in an apartment building or owned by the owners of residential buildings, with public infrastructure systems. At the same time, the maintenance of in-house engineering systems is carried out by persons involved under the contract by the owners of premises in an apartment building or by the owners of residential buildings, or by the indicated owners independently, unless otherwise provided by the contract with the resource supply organization.
Owners of premises in an apartment building and owners of residential buildings pay for the volumes (quantity) of cold water, hot water, electricity, gas and heat purchased from a resource supplying organization, as well as for the services provided for wastewater disposal based on the readings of metering devices installed at the border of networks included in the common property of the owners of premises in an apartment building or owned by the owners of residential buildings, with utility infrastructure systems, unless otherwise provided by the legislation of the Russian Federation. The total volume (quantity) of consumed cold water, hot water, electric energy, gas and heat energy, as well as discharged wastewater, determined based on the readings of collective (common house) metering devices, is distributed among the indicated owners in the manner prescribed by paragraph 21 of these Rules, and if there are individual or common (apartment) metering devices in all premises of an apartment building - in proportion to their testimony. In the absence of these metering devices, the calculation of the amount of the fee is carried out in the manner prescribed by paragraph 19 of these Rules.
8. The terms of the agreement on the acquisition of communal resources and water disposal (reception (discharge) of wastewater), concluded with resource supply organizations in order to provide the consumer with utility services, must not contradict these Rules and other regulatory legal acts of the Russian Federation.
II. Requirements for the provision of public services
9. When providing public services, the following must be provided:
uninterrupted supply of communal resources of proper quality to the residential premises in the volumes required by the consumer;
uninterrupted disposal of domestic wastewater from the dwelling;
uninterrupted heating of the dwelling during the heating period, depending on the outdoor temperature.
10. When providing utility services, breaks for repair and preventive work, as well as work on connecting new consumers are allowed after prior notification (in writing) the consumer in the manner prescribed by these Rules. The duration of these breaks is established in accordance with these Rules and other requirements of the legislation of the Russian Federation. Breaks due to natural disasters and emergencies are also allowed.
11. The conditions for determining the start and (or) end date of the heating period, as well as the start and (or) end date of the heating period, are established by the owners of premises in an apartment building or the owners of residential buildings independently if such houses have an autonomous heating system and are agreed with the contractor.
12. If the owners of premises in an apartment building or the owners of residential buildings have not established the conditions for determining the start and (or) end date of the heating period or the start and (or) end date of the heating period, as well as if heat energy for the needs of space heating is supplied through the district heating network , then the performer starts and ends the heating period within the time limits established by the authorized body. At the same time, the beginning of the heating period is set at an average daily outdoor temperature below +8 degrees. C, and the end of the heating period - at an average daily outdoor temperature above +8 degrees. C for 5 consecutive days. The heating period must begin or end on the day following the last day of the specified period.
13. The obligation to ensure the readiness for the provision of public services of in-house engineering systems that are part of the common property of the owners of premises in an apartment building, as well as mechanical, electrical, sanitary and other equipment located in a residential building of an apartment building or in a residential building (hereinafter - in-house equipment) and intended for the provision of public services, is assigned to the owners of premises in an apartment building, owners of residential buildings, as well as to the contractors and other persons involved by them in accordance with the contract.
III. The procedure for calculating and paying a fee
for utilities
14. The billing period for paying utility bills is set equal to a calendar month.
15. The amount of payment for cold water supply, hot water supply, sewerage, electricity supply, gas supply and heating is calculated according to the tariffs established for resource supply organizations in the manner determined by the legislation of the Russian Federation.
If the contractor is a partnership of homeowners, a housing construction, housing or other specialized consumer cooperative or a managing organization, then the calculation of the amount of payment for utilities, as well as the purchase by the contractor of cold water, hot water, sanitation services, electricity, gas and heat energy is carried out at tariffs established in accordance with the legislation of the Russian Federation and used to calculate the amount of payment for utilities by citizens.
16. If there are individual, common (apartment) metering devices in the premises and in the absence of collective (common house) metering devices, the amount of payment for utilities is determined based on the readings of individual, common (apartment) metering devices.
17. When applying tariffs that include 2 or more components (in particular, the calculation of the cost of the actually consumed volume of communal resources and the calculation of the cost of their supply), the amount of payment for utilities is calculated as the sum of payments for each of these components.
18. When applying tariffs differentiated by time of day (day and night) and (or) consumed load per unit of time, the amount of payment for utilities is calculated based on the readings of metering devices and the corresponding tariffs.
When generating heat energy for heating an apartment building using an autonomous heating system that is part of the common property of the owners of premises in an apartment building (in the absence of centralized heating), the amount of heating payment is calculated based on the readings of metering devices and the corresponding tariffs for fuel used for production thermal energy. At the same time, the costs of maintaining and repairing in-house engineering systems used for the production of thermal energy are included in the payment for the maintenance and repair of a dwelling.
When preparing hot water using the in-house engineering systems of an apartment building (in the absence of centralized hot water preparation), the amount of payment for hot water supply is calculated based on the readings of metering devices and the corresponding tariffs for cold water and fuel used for hot water preparation. At the same time, the costs of maintaining and repairing in-house engineering systems used for preparing hot water are included in the payment for the maintenance and repair of a dwelling.
19. In the absence of collective (common house), common (apartment) and individual metering devices, the amount of payment for utilities in residential premises is determined by:
a) for heating - in accordance with subparagraph 1 of paragraph 1 of Appendix No. 2 to these Rules;
b) for cold water supply, hot water supply, water disposal and power supply - in accordance with subparagraph 3 of paragraph 1 of Appendix No. 2 to these Rules. Unless otherwise provided by the contract, the consumer is considered to be temporarily residing in the residential premises during the period, the duration and start date of which are specified by the consumer in the notification sent to the contractor, and the utility bill attributable to the temporarily residing consumer is calculated in proportion to the number of days lived;
(as amended by Decree of the Government of the Russian Federation of 06.05.2011 N 354)
c) for gas supply - in accordance with subparagraph 5 of paragraph 1 of Appendix No. 2 to these Rules.
20. In the absence of individual metering devices for cold water, hot water, electricity, gas and heat energy in non-residential premises of an apartment building, the amount of payment for utilities in non-residential premises is calculated according to the relevant tariffs established in accordance with the legislation of the Russian Federation, as well as based on volumes of consumed communal resources, which are determined by:
a) in the absence of a collective (common house) meter for cold water and (or) hot water in an apartment building - by calculation based on water consumption standards, and in the absence of such standards - in accordance with the requirements of building codes and regulations. When equipping an apartment building with a collective (common house) metering device and individual premises in such a house with individual and (or) common (apartment) metering devices, the amount of payment for utilities is determined in accordance with subparagraph 1 of paragraph 3 of Appendix No. 2 to these Rules;
(clause "a" as amended by Decree of the Government of the Russian Federation of 06.05.2011 N 354)
b) for wastewater - as the total volume of consumed cold and hot water;
c) in the absence of a collective (common house) gas and (or) electric energy meter in an apartment building - by calculation, agreed by the resource supply organization with the person who has concluded an agreement with it, based on the power and mode of operation of the consuming devices installed in these premises. When equipping an apartment building with a collective (common house) metering device and individual premises in such a house with individual and (or) common (apartment) metering devices, the amount of payment for utilities is determined in accordance with subparagraph 1 of paragraph 3 of Appendix No. 2 to these Rules;
(clause "c" as amended by Decree of the Government of the Russian Federation of 06.05.2011 N 354)
d) for heating - in accordance with subparagraph 1 of paragraph 1, subparagraph 2 of paragraph 2 and subparagraph 2 of paragraph 3 of Appendix No. 2 to these Rules. At the same time, the contractor makes adjustments to the amount of the payment for heating once a year in the manner prescribed by subparagraph 3 of paragraph 2 and subparagraph 3 of paragraph 3 of Appendix No. 2 to these Rules.
(paragraph "d" as amended by Decree of the Government of the Russian Federation of 06.05.2011 N 354)
21. When equipping an apartment building with collective (common house) metering devices and in the absence of individual and common (apartment) metering devices, the amount of payment for utilities in a residential building is determined by:
a) for cold water supply, hot water supply, gas supply and electricity supply - in accordance with subparagraph 1 of paragraph 2 of Appendix No. 2 to these Rules;
b) for heating - in accordance with subparagraph 2 of paragraph 2 of Appendix No. 2 to these Rules. At the same time, the contractor makes adjustments to the amount of the payment for heating once a year in accordance with subparagraph 3 of paragraph 2 of Appendix No. 2 to these Rules.
22. When equipping an apartment building with collective (common house) metering devices, consumers of utility services in an apartment building are obliged to pay for utility services based on the readings of the collective (common house) metering device.
(clause 22 as amended by Decree of the Government of the Russian Federation of 06.05.2011 N 354)
23. When equipping an apartment building with a collective (common house) metering device and equipment partially or completely individual and (or) common (apartment) metering devices for premises in such a house, the amount of payment for utilities consumed in residential and non-residential premises, equipped or not equipped individual and (or) general (apartment) metering devices, is determined by:
(as amended by Decree of the Government of the Russian Federation of 06.05.2011 N 354)
a) for cold water supply, hot water supply, gas supply and electricity supply - in accordance with subparagraph 1 of paragraph 3 of Appendix No. 2 to these Rules;
b) for heating - in accordance with subparagraph 2 of paragraph 3 of Appendix No. 2 to these Rules. At the same time, the contractor makes an adjustment of the amount of the payment for heating once a year in accordance with subparagraph 3 of paragraph 3 of Appendix No. 2 to these Rules.
24. In the event of repeated (2 or more times) refusal by the consumer to allow the contractor or a person authorized by him to enter the residential premises occupied by the consumer to take readings from individual metering devices or distributors:
a) the performer sends the consumer (in writing) or delivers against signature a notice about the need to inform the consumer of the date and time convenient for the consumer to take readings of individual metering devices or distributors within a month by the contractor or a person authorized by him in accordance with subparagraph "d" of paragraph 50 and subparagraph "e" of paragraph 52 of these Rules, as well as the consequences of the consumer's inaction;
b) the consumer is obliged, within a week from the date of receipt of the notice specified in subparagraph "a" of this paragraph, to inform (in writing) the contractor about the date and time of taking readings of individual metering devices or distributors within a month by the contractor or a person authorized by him;
c) if the consumer fails to fulfill the obligations specified in subparagraph "b" of this paragraph, the contractor has the right to calculate the amount of payment for utilities based on the standards for the consumption of utilities in accordance with paragraphs 19, 21 and 22 of these Rules and Appendix No. 2 to these Rules, starting from the month in which the last check was made of the correctness of the readings of individual metering devices or distributors by the consumer, their serviceability, as well as the integrity of the seals on them;
d) after the consumer sends the contractor an application (in writing) on the use of individual metering devices or distributors to calculate the amount of payment for utilities and the contractor or a person authorized by him takes the readings of individual metering devices or distributors, the contractor is obliged to recalculate the amount of the fee in accordance with these Rules .
25. If there are collective (general house) meters for the consumption of heat energy in an apartment building and there are distributors in all or in separate rooms, the amount of payment for heating is calculated based on the average monthly volumes of heat energy consumption for the previous year, and in the absence of information on the volumes of heat consumption energy for the previous year - based on the norm of heat energy consumption and the tariff for heat energy, approved in accordance with the legislation of the Russian Federation. At the same time, the contractor makes adjustments once a year to the amount of payment for heating residential and (or) non-residential premises equipped with distributors, in accordance with subparagraph 5 of paragraph 3 of Appendix No. 2 to these Rules.
(as amended by Decree of the Government of the Russian Federation of 06.05.2011 N 354)
26. The amount of payment for heating in premises not equipped with distributors is determined based on the total area of residential and heated non-residential premises and norms for the consumption of thermal energy. If residential premises are equipped with distributors, the total area of which is less than 50 percent of the total area of \u200b\u200bresidential premises in an apartment building, then the amount of payment for heating is calculated in accordance with subparagraph 2 of paragraph 2 of Appendix No. 2 to these Rules.
27. The amount obtained as a result of adjusting the amount of payment for the heating utility service and calculated in accordance with subparagraph "d" of paragraph 20, subparagraph "b" of paragraph 21, paragraphs 23 and 25 of these Rules is taken into account when calculating the payment for the communal heating service subject to payment in the next month, or compensated by the contractor to the consumer no later than 1 month after the recalculation.
(as amended by Decree of the Government of the Russian Federation of 06.05.2011 N 354)
28. When equipping a communal apartment with common (apartment) metering devices, the amount of payment for utilities in this residential area is calculated:
a) for cold water supply, hot water supply, sewerage, gas supply and electricity supply - in accordance with subparagraph 1 of paragraph 4 of Appendix No. 2 to these Rules;
b) for heating - in accordance with subparagraph 3 of paragraph 4 of Appendix No. 2 to these Rules.
29. When equipping a communal apartment with common (apartment) and individual electrical energy meters, the amount of payment for lighting auxiliary premises, which are common property in a communal apartment, is determined in accordance with clause 5 of Appendix No. 2 to these Rules.
30. The calculation of the amount of payment for hot water supply when preparing hot water using the common property of the owners of premises in an apartment building or property belonging to the owner of a residential building is made based on tariffs (prices) for cold water, gas or heat energy, as well as volumes (quantities ) utility resources used in the preparation of hot water.
31. In the event of a malfunction of an individual metering device (if the volume (quantity) of consumption of communal resources in a residential area is determined by several metering devices, then in the event of a malfunction of at least one metering device) or after the expiration of its verification period established by the manufacturer, unless otherwise established by regulatory legal acts of the Russian Federation, or in case of violation of the integrity of the seals on it, the calculations are made in accordance with paragraphs 19, 21 and 22 of these Rules.
32. During the period of repair, replacement, verification of an individual or collective (common house) metering device, not exceeding 30 calendar days, the volumes (quantity) of consumption of cold water, hot water, diverted domestic wastewater, electricity, gas and heat energy for calculating the amount of payment for utilities are calculated as the average monthly consumption of communal resources and the average monthly volume of diverted domestic wastewater, determined by the specified device for the last 6 months, and if the period of operation of an individual or collective (general house) metering device was less than 6 months, then for the actual period of operation of the metering device, but not higher than the consumption standards for the relevant utilities.
33. If, in the cases specified in paragraphs 16, 27 and 28 of these Rules, the payment for utility services was made without using meter readings and at the same time the consumer's debt for paying utility bills for the last 12 months exceeds 2 average monthly payments for the relevant utility service, the contractor has the right recalculate the amount of payment for this communal service based on the actual consumption of communal resources, as well as demand compensation for losses from the owner of the dwelling.
34. In case of detection of unauthorized connection to the system of pipelines, electrical networks, equipment, devices and structures on them, intended for the provision of public services, for the proper technical condition and safety of which the contractor (connected network) is responsible, the contractor has the right to recalculate the amount of payment for the consumed without proper accounting for utilities for the 6 months preceding the month in which the commission of the specified action was revealed, and perform further settlements with the consumer in accordance with paragraphs 19, 21 and 22 of these Rules until the day the violations are eliminated inclusive.
35. Payment for utility services is paid monthly, before the 10th day of the month following the expired month for which payment is made, unless a different deadline for payment of utility bills is established by the apartment building management agreement.
36. If the amount of payment for communal services paid by the tenant of the residential premises of the state or municipal housing stock is less than the amount of the payment established by the apartment building management agreement, the remaining part of the payment is paid by the landlord in the manner agreed with the managing organization.
37. Payment for utilities is paid on the basis of payment documents submitted by the contractor no later than the 1st day of the month following the expired month for which payment is made, unless a different deadline for submission of payment documents is established by the apartment building management agreement.
38. The payment document shall indicate:
a) postal address of the premises, information about the owner (owners) of the premises (indicating the name legal entity or last names, first names and patronymics of citizens), and for residential premises of state and municipal housing funds - information about the tenant of the residential premises (indicating the last name, first name and patronymic of the tenant);
b) the name of the performer (indicating the name of the 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, site address in the information and telecommunications network common use;
c) an indication of the paid month, the name of the paid utilities, the values of tariffs (prices) for utilities, social norm consumption, if such a norm is established, units of measurement of volumes (quantities) of communal resources or discharged wastewater;
d) the volume (quantity) of communal resources consumed during the billing period and wastewater discharged, which:
when making calculations using the readings of individual metering devices - it is indicated by the consumer independently in special columns of the payment document (with the exception of thermal energy for heating);
in calculations using the readings of collective (general house) metering devices - indicated by the contractor based on the volumes (quantity) of consumption of the relevant communal resources (with the exception of thermal energy for heating) and the volumes of wastewater discharged, calculated in accordance with this section;
when paying for heating using the readings of collective (general house) and (or) individual metering devices - indicated by the contractor, taking into account the provisions of paragraph 31 of these Rules;
in the absence of collective (common house) and (or) individual metering devices, it is indicated by the contractor based on the standard for the consumption of utilities, the total area of \u200b\u200bthe premises (for heating) or the number of citizens registered in the residential premises (for cold water supply, hot water supply, sanitation, electricity and gas supply);
e) information on changes in the amount of payment for utilities, indicating the grounds, including in connection with:
with temporary residents;
with a decrease in the quality of public services;
with the payment by the contractor to the consumer of forfeits (fines, penalties) established by federal laws and the contract;
f) information on the amount of debt to the contractor for previous periods;
g) information on the provision of subsidies and benefits for the payment of utilities in the form of discounts (before the transition to the provision of subsidies and compensation or other measures social support citizens in monetary form);
h) other information provided for by the legislation of the Russian Federation and the agreement.
39. The amount of penalties (fines, penalties) for violation by the consumer of the terms of the contract, calculated in accordance with federal laws and the contract, is indicated by the contractor in a separate document sent to the consumer within 5 working days.
40. Unless otherwise provided by the contract, consumers have the right, at their choice:
a) pay utility bills in cash, in a non-cash form using accounts in banks of their choice or by transfer Money without opening a bank account, as well as postal orders;
b) instruct other persons to pay utility bills instead of them by any means that do not contradict the requirements of the legislation of the Russian Federation and the contract;
c) pay utility bills for the past month in parts, without violating the established deadline for its payment;
d) make advance payments for utility services against future months.
41. The terms of deferment or installment payment for utilities (including the repayment of debts for utility bills) are agreed with the contractor.
42. Information on changes in the amount of payment for utilities, tariffs and standards for the consumption of utilities shall be sent by the contractor to the consumer (in writing) no later than 30 days before the date of issuance of payment documents, on the basis of which utility payments will be made at new tariffs or standards (unless otherwise specified by the contract).
43. If the residential premises are occupied by consumers who, in accordance with the legislation of the Russian Federation or the legislation of the constituent entities of the Russian Federation, at the expense of the relevant budgets, are provided with benefits in the form of a discount when paying for utilities, the amount of payment for utilities is reduced by the amount of the discount.
44. If the residential premises are occupied by consumers who are compensated for the costs of paying utility bills at the expense of the relevant budgets or in respect of which other measures of social support of citizens in cash are applied, the amount of payment for utilities by the amount of compensation or the amount of relevant measures social support does not decrease.
45. Payment for public services by consumers who, in accordance with the legislation of the Russian Federation, are provided with compensation for the costs of paying for public services or in respect of which measures of social support of citizens in cash are applied, shall be carried out without reducing the amount of payment for public services.
46. Payment for utility services by consumers who have been granted subsidies for paying for residential premises and utility services is made in accordance with the legislation of the Russian Federation.
47. The amount of payment for domestic gas in cylinders is calculated according to the tariffs established in accordance with the legislation of the Russian Federation based on the mass of domestic gas in cylinders purchased by the consumer.
48. The amount of payment for solid fuel is calculated according to the tariffs established in accordance with the legislation of the Russian Federation based on the quantity (volume or weight) of solid fuel. The amount of payment for the delivery of solid fuel to the place indicated by the consumer is established by agreement between the consumer and the contractor (seller).
IV. Rights and obligations of the performer
49. The contractor is obliged:
a) provide the consumer with utility services in the volumes necessary for him;
b) provide the consumer with utilities of adequate quality, safe for his life, health and not causing harm to his property, in accordance with the requirements of the legislation of the Russian Federation, these Rules and the contract;
c) enter into agreements with resource-supplying organizations or independently produce communal resources necessary for the provision of communal services to consumers;
d) independently or with the involvement of other persons, maintain in-house engineering systems, with the use of which utility services are provided to the consumer;
e) eliminate accidents, as well as fulfill consumer requests within the time limits established by the legislation of the Russian Federation and the contract;
f) if there are collective (common house) metering devices, monthly, during the last week of the month, take their readings and enter in the register of the readings of collective (common house) metering devices. At the request of the consumer, within one business day following the day of the request, provide the consumer with the specified journal;
g) to reduce the amount of payment for utility services in the manner prescribed by Section VII of these Rules when providing utility services of inadequate quality and (or) with interruptions exceeding the permissible duration;
h) keep a record of complaints (applications, demands, claims) of consumers on the regime and quality of the provision of public services, record their performance;
i) within 2 working days from the date of receipt of the complaint (statement, demand, claim), send the consumer a notice of its acceptance and subsequent satisfaction or refusal to satisfy it, indicating the reasons for the refusal;
j) upon receipt of a complaint (statement, demand, claim) from a consumer about the detection of a smell of gas in residential or non-residential premises, as well as in the yard area, immediately take measures to verify the complaint received, in case of detection of a gas leak, ensure the safety of the consumer and eliminate the detected leak ;
k) inform the consumer within a day from the date of detection of malfunctions in the operation of in-house engineering systems and (or) engineering communications and equipment located outside the apartment building or residential building (in the case of his personal appeal - immediately) about the reasons and the expected duration of the suspension or restriction the provision of public services, as well as the reasons for the violation of the quality of the provision of public services;
l) inform the consumer about planned interruptions in the provision of utility services no later than 10 working days before the start of the interruption;
m) at the request of the consumer, send his representative to clarify the reasons for the non-provision or provision of utilities of inadequate quality (with the drawing up of an appropriate act), as well as an act fixing the harm caused to the life, health or property of the consumer in connection with accidents, natural disasters, lack or poor quality provision of public services;
o) not later than 3 days before the planned work inside the dwelling, agree with the consumer on the time of access to this room or send him a written notice of the work inside the dwelling, which indicates:
estimated date and time of work;
telephone number by which the consumer has the right to agree on a different date and time for the work, but no later than 5 working days from the date of receipt of the notification;
the type of work to be carried out;
terms of work;
position, surname, name and patronymic of the person responsible for the work;
n) provide the consumer with the following information about the performer:
name, location (address of its permanent executive body), information about state registration, mode of operation, last name, first name and patronymic of the head, and for an individual entrepreneur - additional information on state registration and the name of the body that registered it (indicated in the contract, and also posted on bulletin boards located in all entrances of an apartment building or within the land plot, on which the apartment building is located, as well as on bulletin boards located near residential buildings);
addresses and telephone numbers of the control room, emergency or emergency dispatch services (indicated in the contract, and also posted on bulletin boards located in all entrances of an apartment building or within the land plot on which the apartment building is located, as well as on bulletin boards located near residential buildings);
rates for utility services, tariff surcharges and details of regulatory legal acts on the basis of which tariffs are applied (posted on bulletin boards located in all entrances of an apartment building or within the land plot on which an apartment building is located, as well as on bulletin boards, located near residential buildings);
the procedure and form of payment for utilities (indicated in the contract, and also posted on the bulletin board in the contractor's premises in a place accessible to all visitors);
quality parameters for the provision of public services, deadlines for the elimination of accidents and other violations of the procedure for the provision of public services established by the legislation of the Russian Federation, as well as information about these Rules (indicated in the contract, and also posted on the bulletin board in the contractor's premises in a place accessible to all consumers );
information on the maximum allowable power of appliances, equipment and household machines that the consumer can use to meet domestic needs (specified in the contract);
names, addresses and telephone numbers of federal executive bodies (their territorial bodies and subdivisions), executive authorities of the constituent entities of the Russian Federation and local governments authorized to exercise control over compliance with these Rules;
p) at the request of the consumer, reconcile payments for utilities and, no later than 3 business days, issue documents confirming the correctness of the calculation of payments to the consumer, taking into account the compliance of the quality of the utilities provided with the requirements of the legislation of the Russian Federation, these Rules and the contract, as well as the correctness of the calculation established by federal laws and contract of forfeits (fines, penalties);
c) bear other obligations stipulated by the Housing Code of the Russian Federation and other federal laws adopted in accordance with it, other regulatory legal acts of the Russian Federation and the contract.
50. The contractor has the right:
a) demand payment for consumed utility services, as well as in cases established by federal laws and the contract, payment of penalties (fines, penalties);
b) require admission, at a time agreed with the consumer, to the premises occupied by him, employees or representatives of the contractor (including emergency workers) to inspect the technical and sanitary condition of the in-house equipment and perform the necessary repairs, and to eliminate accidents - at any time;
c) demand from the consumer full compensation for losses incurred through the fault of the consumer and (or) members of his family, in the event that the consumer fails to fulfill the obligation to allow workers and representatives of the contractor (including emergency services workers) into the residential premises occupied by him, in the cases specified in subparagraph "e" of paragraph 52 of these Rules;
d) at a time agreed with the consumer, but not more than once every 6 months, check the correctness of the consumer's readings of individual metering devices, their serviceability, as well as the integrity of the seals on them;
e) suspend or restrict, in accordance with the procedure established by Section X of these Rules, the supply of hot water, electricity and gas to the consumer;
f) exercise other rights provided for by the Housing Code of the Russian Federation, other federal laws and the agreement.
V. Rights and obligations of the consumer
51. The consumer has the right:
a) receive utility services of adequate quality in the required volumes, safe for his life, health and not causing harm to his property;
b) receive from the contractor information on the status of settlements for payment of utility services (in person or through his representative);
c) receive from the contractor an act on the non-provision or provision of communal services of inadequate quality and on the elimination of identified shortcomings in a timely manner;
d) receive from the contractor information on the volume and quality of utilities, the conditions for their provision, changes in the amount of fees for utilities and the procedure for their payment;
e) be, in accordance with these Rules or the agreement, fully or partially exempted from payment of utility services during the period of temporary absence from the place of permanent residence or for the period of non-provision of utility services;
f) demand payment by the contractor of forfeits (fines, penalties) in case of failure to provide public services or provision of public services of inadequate quality in the manner and cases provided for by federal laws and the contract;
g) demand from the contractor compensation for losses and harm caused to the life, health or property of the consumer (persons living together with him) as a result of failure to provide or provision of utilities of inadequate quality, as well as moral damage in the manner and amount determined in accordance with the legislation of the Russian Federation;
h) require the presentation by the authorized representative of the contractor of documents confirming their authority, in the cases specified in subparagraphs "b" and "d" of paragraph 50, subparagraphs "e" and "e" of paragraph 52 of these Rules;
i) exercise other rights provided for by the Housing Code of the Russian Federation and other federal laws adopted in accordance with it, other regulatory legal acts of the Russian Federation and the agreement.
52. The consumer is obliged:
a) upon detection of malfunctions (accidents) of intra-apartment equipment, collective (common house), common (apartment) or individual metering devices, immediately report them to the contractor and the emergency rescue service, and if possible, take all possible measures to eliminate them;
b) in case of fires, accidents on intra-house engineering systems, as well as in case of other violations arising from the use of communal resources, immediately report them to the contractor and to the emergency rescue service;
c) in order to account for communal resources supplied to the consumer, use collective (general house), common (apartment) or individual metering devices entered in the state register of measuring instruments;
d) ensure the safety of seals on collective (common house), common (apartment) or individual metering devices and distributors installed in a residential area;
e) allow employees and representatives of the contractor (including emergency services workers), representatives of state control and supervision bodies to inspect the technical and sanitary condition of the in-house equipment and perform necessary repairs, and representatives of the contractor ( including employees of emergency services) to eliminate accidents - at any time;
f) at a time agreed in advance with the contractor (no more than once every 6 months), provide access to take readings of common (apartment) and individual metering devices;
g) inform the contractor about the change in the grounds and conditions for the use of utility services and their payment no later than 10 working days from the date of the changes;
h) pay utility bills on time and in full. In case of failure to pay utility bills within the prescribed period, the consumer pays the contractor a penalty in the amount established by the Housing Code of the Russian Federation, which does not exempt the consumer from paying utility bills;
i) bear other obligations stipulated by the Housing Code of the Russian Federation, other federal laws and the agreement.
53. The consumer is prohibited from:
a) use household machines (instruments, equipment) with a nameplate capacity exceeding the maximum allowable loads determined in the technical characteristics of the in-house engineering systems specified in the technical passport of the residential premises, which is maintained in accordance with the procedure for state accounting of housing stock;
b) drain the coolant from the heating system without the permission of the contractor;
c) arbitrarily join in-house engineering systems or join them bypassing collective (general house), common (apartment) or individual metering devices, make changes to in-house engineering systems without making changes in the established order in technical documentation to an apartment building or residential building or to the technical passport of a residential building;
d) to arbitrarily increase the heating surfaces of heating devices installed in the residential premises, in excess of the parameters specified in the technical passport of the residential premises;
e) arbitrarily break seals on metering devices, dismantle metering devices and take actions aimed at distorting their readings or damaging them.
VI. The procedure for recalculating fees for certain types
utilities for the period of temporary absence
consumers in the occupied premises
54. In case of temporary absence of the consumer in the residential premises for more than 5 full calendar days in a row, the payment for cold water supply, hot water supply, water disposal, electricity supply and gas supply is recalculated.
55. The recalculation of the amount of payment for utilities specified in paragraph 54 of these Rules is carried out in the absence of individual metering devices for the relevant types of utilities in the residential premises.
56. Recalculation of the amount of payment for utilities is carried out by the contractor within 5 working days on the basis of a written application from the consumer, submitted within a month after the end of the period of temporary absence of the consumer. The results of the recalculation of the amount of the fee shall be reflected in the payment document submitted in the manner specified in paragraph 36 of these Rules. Documents confirming the duration of the period of temporary absence of the consumer and (or) persons living together with him at the place of permanent residence are attached to the application. The document confirming the temporary absence of the consumer may be:
a) a copy of a business trip certificate or a business trip certificate, certified at the place of work;
b) a certificate of being treated in an inpatient medical institution;
c) travel tickets issued in the name of the consumer (if the name of the consumer is indicated in these documents in accordance with the rules for issuing them), or copies thereof;
d) bills for accommodation in a hotel, hostel or other place of temporary residence or their copies;
e) certificate of registration at the place of residence;
(paragraph "e" in the wording of the Decree of the Government of the Russian Federation of 07.29.2010 N 580)
f) certificate of the organization that protects the residential premises, in which the consumer was temporarily absent;
g) other documents confirming the temporary absence of the consumer.
57. The contractor has the right to make copies of the documents presented by the consumer and verify their authenticity, completeness and reliability of the information contained in them, including by sending official requests to the bodies and organizations that issued them.
58. The recalculation of the amount of payment for utilities is made in proportion to the number of days of temporary absence of the consumer, which is determined based on the number of full calendar days of his absence, not including the day of departure from his place of permanent residence and the day of arrival at this place.
59. Recalculation of the amount of payment for water disposal is carried out in case of recalculation of the amount of payment for cold water supply and (or) hot water supply.
VII. The procedure for changing the amount of utility bills
services in the provision of public services of improper
quality and (or) with interruptions exceeding
set duration
60. When providing utility services of inadequate quality and (or) with interruptions exceeding the duration established by Appendix No. 1 to these Rules, the amount of payment for each utility service is subject to reduction in accordance with the specified Appendix.
61. In the event of interruptions in the provision of public services that exceed the established duration, as well as when preventive work is carried out once a year in accordance with paragraph 10 of these Rules, the payment for utilities in the absence of collective (common house), common (apartment) or individual metering devices is reduced on the amount of the cost of unprovided utilities.
62. The volume (quantity) of the unprovided communal resource is calculated based on the standard for the consumption of communal services, the number of consumers (for water supply, sanitation, electricity and gas supply) or the total area of residential premises (for heating), as well as the time of non-provision of communal services.
63. If the contractor, after the conclusion of the contract, did not start providing utility services in a timely manner, the consumer has the right to demand from the contractor compensation for the losses incurred and payment of a penalty in accordance with civil law, consumer protection legislation and the contract.
VIII. The procedure for establishing the fact
failure to provide public services or provide
utilities of poor quality
64. In case of non-provision of utility services or provision of utility services of inadequate quality, the consumer notifies the contractor's emergency dispatch service or another service specified by the contractor (hereinafter referred to as the emergency dispatch service).
65. A notice of non-provision of utility services or provision of utility services of inadequate quality may be made by the consumer in writing or orally (including by telephone) and is subject to mandatory registration with the emergency dispatch service. At the same time, the consumer is obliged to report his last name, first name and patronymic, the exact address of residence, as well as the type of utility service not provided or of inadequate quality. An employee of the emergency dispatch service is obliged to provide the consumer with information about the person who accepted the application (last name, first name and patronymic), registration number application and the time of its receipt.
66. If an employee of the emergency dispatch service knows the reasons for the non-provision of utilities or the provision of utilities of inadequate quality, he is obliged to immediately inform the consumer about this and make an appropriate note in the application registration log. This mark is the basis for the recognition by the contractor of the fact of non-provision of utilities or the provision of utilities of inadequate quality.
67. If the employee of the emergency dispatch service does not know the reasons for the non-provision of utilities or the provision of utilities of inadequate quality, he is obliged to agree with the consumer on the exact time and date of establishing the fact of non-provision of utilities or checking the quality of the provision of utilities. Based on the results of the inspection, an act is drawn up on the non-provision of utilities or the provision of utilities of inadequate quality, which is signed by the consumer (or his representative) and the contractor (or his representative).
68. If the consumer (or his representative) and the contractor (or his representative) have not come to a unified decision regarding the quality of the provision of public services, then they determine the new time and date for assessing the quality of the provision of public services, to which a representative of the state housing inspectorate and a representative of the public consumer associations. Based on the results of the re-assessment of the quality of the provision of public services, an act is drawn up on the non-provision of public services or the provision of public services of inadequate quality, which is signed by the consumer (or his representative) and the contractor (or his representative). Along with the indicated persons, the act may be signed by a representative of the state housing inspectorate and a representative of a consumer public association.
69. The act on the non-provision of public services or the provision of public services of inadequate quality indicates violations of the quality parameters, the time and date of the beginning of the non-provision of public services or the provision of public services of inadequate quality.
70. The date of commencement of non-provision of public services or provision of public services of inadequate quality is considered:
a) the time when the consumer submits an application to the emergency dispatch service about the fact of non-provision of utilities or the provision of utilities of inadequate quality;
b) the time specified in the act drawn up by the contractor in the manner specified in paragraphs 67 - 69 of these Rules - in the event that the contractor reveals the fact of providing utilities of inadequate quality;
c) the time of the start of the provision of communal services of inadequate quality, recorded by collective (common house), common (apartment) or individual metering devices - in case of fixing the provision of communal services of inadequate quality by metering devices.
71. The act on the failure to provide utilities or the provision of utilities of inadequate quality is the basis for the recalculation of the amount of fees for utilities, as well as for the payment by the contractor of a penalty for violation of his obligations in the amount established by federal laws and the contract.
72. In the event that the contractor or third parties cause damage to the life, health and (or) property of the consumer or persons cohabiting with him, the common property of the owners of premises in an apartment building, the contractor (or his representative) and the consumer (or his representative) draw up and sign an act , which records the fact of causing such damage. The specified act must be drawn up by the contractor and signed by his authorized representative no later than 12 hours from the moment the consumer contacts the emergency dispatch service. If it is impossible to sign the act by the consumer (or his representative), it must be signed by two eyewitnesses.
73. An act on the non-provision of public services or the provision of public services of inadequate quality or an act on causing damage to the life, health and property of the consumer or persons cohabiting with him, the common property of the owners of premises in an apartment building is drawn up in 2 copies, one of which is transferred to the consumer (or his representative), the second - remains with the performer.
74. The period for the provision of public services of inadequate quality is considered to be over:
a) from the date of signing by the consumer (or his representative) of the act to eliminate the shortcomings in the provision of public services, drawn up in the manner specified in paragraphs 67 - 69 of these Rules;
b) from the moment of resuming the provision of public services of proper quality, recorded by the relevant metering device.
IX. Responsibility of the performer and consumer
75. The Contractor shall bear responsibility established by the legislation of the Russian Federation for violating the quality and procedure for the provision of public services.
76. The Contractor shall bear liability established by the legislation of the Russian Federation for harm caused to the life, health and property of the consumer, as well as to persons cohabiting with him, due to the failure to provide utility services or the provision of utility services of inadequate quality, regardless of his fault.
The Contractor is released from liability for deterioration in the quality of public services if he proves that it occurred due to force majeure circumstances. Such circumstances do not include, in particular, a breach of obligations by contractors of the contractor or actions (inaction) of the contractor, including the absence of the necessary funds from the contractor.
77. The consumer has the right to demand from the contractor the payment of a penalty (fines, penalties) in accordance with the legislation on the protection of consumer rights.
When providing utilities of inadequate quality, the consumer has the right to require the contractor to pay forfeits (fines, penalties) in the following cases provided for by the contract:
a) if the total time of interruptions in the provision of public services for the billing period exceeds the allowable interruptions in the provision of public services, established in Appendix No. 1 to these Rules;
b) if the pressure of cold or hot water, as well as the temperature of hot water at the point of disassembly do not meet the requirements established by the legislation of the Russian Federation;
c) if the pressure of the network gas in the residential premises does not meet the requirements established by the legislation of the Russian Federation;
d) if the voltage and frequency parameters in the electrical network in the residential premises do not meet the requirements established by the legislation of the Russian Federation;
e) if the air temperature in a residential building in an apartment building (including in a separate room in an apartment) or in a residential building is lower than the values \u200b\u200bestablished by the legislation of the Russian Federation by more than the permissible temperature deviation and if the pressure in the house heating system is less than the value, specified in Appendix No. 1 to these Rules. Unless otherwise provided by the contract, the consumer has the right to require the contractor to pay forfeits (fines, penalties) for poor-quality heating in the event that the consumer takes measures to prepare the dwelling for operation in the autumn-winter period;
f) if the emergency dispatch service does not register a consumer message about a violation of the quality of the provision of public services or their non-provision;
g) the consumer has the right to demand from the contractor the payment of penalties (fines, penalties) in other cases provided for by the contract.
78. Persons who have not timely and (or) not fully paid utility bills (debtors) are obliged to pay a fine to the contractor in the amount established by Part 14 of Article 155 of the Housing Code of the Russian Federation.
X. Suspension or restriction of provision
utilities
79. The contractor has the right, without prior notice to the consumer, to suspend the provision of utility services in the event of:
a) the occurrence or threat of emergencies on equipment or networks through which water, heat, electricity and gas are supplied, as well as water disposal;
b) occurrence of natural disasters and emergencies, as well as, if necessary, their localization and elimination.
80. The contractor has the right to suspend or limit the provision of utility services 1 month after a written warning (notice) to the consumer in the event of:
a) incomplete payment by the consumer of utility services. Incomplete payment of utility services means that the consumer has a debt to pay for one or more utility services that exceeds 3 monthly fees determined on the basis of the relevant utility consumption standards and tariffs in force on the day the provision of utility services is limited, provided that there is no agreement on repayment of the debt concluded by the consumer with the contractor, and (or) in case of failure to comply with the terms of such an agreement;
(as amended by Decree of the Government of the Russian Federation of 06.05.2011 N 354)
b) carrying out scheduled preventive repairs and maintenance of in-house engineering systems related to the common property of the owners of premises in an apartment building;
c) revealing the fact of unauthorized connection of the consumer to in-house engineering systems;
d) obtaining an appropriate order from authorized state or municipal bodies;
e) use by the consumer of household machines (instruments, equipment) with a power exceeding specifications in-house engineering systems specified in the technical passport of the dwelling;
f) unsatisfactory condition of in-house engineering systems, for the technical condition of which the consumer is responsible, threatening an accident or endangering the life and safety of citizens, certified by a division of the state housing inspection of a constituent entity of the Russian Federation or another body authorized to exercise state control and supervision over the compliance of in-house engineering systems, and also in-house equipment to the established requirements.
81. Unless otherwise provided by federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation, the contractor, if the consumer is at fault, has the right, after a warning (in writing), to suspend or limit the provision of one or more utility services in the case specified in subparagraph "a" paragraph 80 of these Rules, in the following order:
a) the contractor sends (in writing) to the consumer a notice that in case of non-payment of the debt within 1 month from the date of sending the said notice, the provision of utility services to him may be suspended and (or) limited. A list of these services is attached to the notice, which is brought to the attention of the consumer by delivery against receipt or by mail. by registered mail(with a description of the attachment) at the postal address indicated by him;
b) if the debt is not repaid within the period specified in the notification, the contractor has the right to limit the provision of the utilities specified in the notification with a preliminary (3 days) written notice to the consumer;
c) in case of non-payment of the resulting debt and after 1 month from the date of introduction of restrictions on the provision of public services, the contractor has the right to suspend the provision of public services, with the exception of heating, cold water supply and sanitation.
82. Suspension or restriction of the provision of communal services (or the supply of communal resources) may be carried out until the liquidation of the debt or the elimination of the identified violations. The provision of public services is resumed within 2 calendar days from the moment the reasons specified in paragraphs 79 and 80 of these Rules are eliminated, including from the moment the consumer fully repays the debt.
83. When restricting the provision of communal services (or the supply of communal resources), the contractor has the right to temporarily reduce the volume (quantity) of the supply of individual communal resources to the consumer and (or) introduce a regime provision of communal services.
84. Suspension or restriction of the provision of communal services (or the supply of communal resources) cannot be considered a termination of the contract.
85. Suspension or restriction of the provision of communal services (or the supply of communal resources) to consumers who fully fulfill the obligations established by the legislation of the Russian Federation and the contract is not allowed.
86. Actions to suspend or restrict the provision of public services (or the supply of public resources) should not lead to:
a) damage to the common property of the owners of premises in an apartment building, violation of the rights and interests of citizens using other premises in this apartment building;
b) violation of the established requirements for the suitability of residential premises for permanent residence of citizens.
XI. Features of cold water supply carried out
through the water column
87. Cold water supply, carried out through a water column, is carried out in accordance with these Rules on the basis of a cold water supply agreement concluded by the contractor with the consumer.
88. Ensuring the proper technical condition of standpipes and their safe operation are carried out by the contractor, and if the standpipe is owned by the consumer, by the consumer independently or on the basis of an agreement concluded with the contractor or with another specialized organization.
89. If there is a standpipe in the property of the consumer, the accounting of consumed cold water and calculations for the consumed cold water are made based on the readings of an individual meter.
90. If the consumer, who owns the standpipe, does not have an individual cold water meter, the amount of payment for cold water supply is determined in the manner established by subparagraph "b" of paragraph 19 of these Rules, using the standard for cold water consumption through the standpipe.
91. In addition to the provisions provided for in paragraph 53 of these Rules, the consumer is prohibited from:
a) wash at the standpipes Vehicle, animals, and laundry;
b) arbitrarily, without the permission of the contractor, attach pipes, hoses and other devices and structures to the water columns.
XII. Features of gas supply to consumers
over the attached network
92. The contractor provides gas supply to the consumer if he has a gas receiving device that meets the established technical requirements, an internal gas pipeline and other necessary in-house gas equipment.
93. The consumer is obliged to ensure the proper technical condition and safe operation of the in-house gas equipment.
94. If a consumer uses gas metering devices without temperature compensation, the readings of these metering devices are used in gas calculations using temperature coefficients approved by the federal executive body exercising control and supervision functions in the field of technical regulation and metrology.
95. Gas supply to a consumer living in a residential area is carried out subject to the proper maintenance and repair of in-house gas equipment by a specialized organization.
96. In addition to the cases provided for in paragraph 79 of these Rules, the suspension of gas supply to the consumer without prior notification is allowed in the event of:
a) identification of in-house gas equipment, the operation of which at any time can lead to an accident;
b) accidents or gas leaks from in-house gas equipment, as well as in other cases provided for by the legislation of the Russian Federation.
97. In addition to the cases provided for in paragraph 80 of these Rules, suspension of gas supply to consumers 1 month after a written warning (notice) to the consumer is allowed in the event of:
a) refusal by the consumer to admit the performer (or his representative) to the residential premises occupied by the consumer to conduct a control check of the condition of the in-house gas equipment in the manner established by subparagraph "e" of paragraph 52 of these Rules;
b) termination (termination) by a consumer living in a residential building of an agreement on the maintenance and repair of in-house gas equipment.
98. Work to suspend the supply of gas to the consumer can only be carried out by an organization that maintains and repairs in-house gas equipment.
99. An organization that maintains and repairs in-house gas equipment, at the request of the consumer to disconnect and (or) connect gas receiving equipment, suspends gas supply to the consumer for the period of work, but not more than for the period provided for by the standards for the performance of these works, approved in accordance with the legislation of the Russian Federation, subject to compensation for the contractor's losses associated with the temporary disconnection of other consumers.
XIII. Features of the sale of domestic gas in cylinders
100. When selling liquefied petroleum gas in cylinders (hereinafter - gas cylinders), it is necessary to carry out a preliminary technical examination of gas cylinders. They must be in good condition.
101. With regard to gas cylinders, pre-sale preparation must be carried out, which includes inspection of the cylinder, checking its technical condition for tightness and mechanical damage (by external signs), checking the gas filling level by weighing or another method that ensures the specified control, as well as checking the availability necessary information about the product.
102. The consumer has the right to demand a control weighing of gas cylinders.
103. Information about gas and gas cylinders must contain information about the brand of gas and its physical and chemical parameters, the technical condition of the gas cylinder (cylinder number, mass of an empty cylinder, date of manufacture and date of the next technical examination, working and test pressure, capacity) . Such information is indicated on the surface of the cylinder or on a plate attached to it.
104. A consumer who independently transports a purchased gas cylinder should be able to familiarize himself with the safety rules for its transportation, as well as with the safety rules for replacing an empty cylinder.
105. Together with the gas cylinder, the consumer is given cash and sales receipts, in which, in addition to the mandatory information, the number of the gas cylinder, the mass of gas in the cylinder, the price of the goods and the date of sale are indicated.
XIV. Features of the sale and delivery of solid fuel
106. Solid fuels can be sold to consumers both directly at a specific place of sale or storage, and using pre-orders for the sale and delivery of fuel to a place specified by the consumer.
107. Information about the solid fuel offered for sale should contain information about the type, brand, type, size, grade of fuel and its other main indicators (including the cubature of sawn timber, the rules for its measurement, the coefficients for converting round timber and sawn timber into dense cubic mass), and also about the conditions for the possible delivery of solid fuel to the place indicated by the consumer. Such information is posted at the place of sale or storage of solid fuel. When selling coal, the contractor (seller) must indicate the calorific value of this type of fuel and have quality certificates for it.
108. An application for the sale of solid fuel shall indicate the type, brand, type, size, grade and other key indicators, quantity (volume or weight), place and time of delivery.
109. The consumer should be able to familiarize himself with the procedure for measuring the volume and weight of solid fuel, as well as determining its grade and compliance with established requirements.
110. Samples of solid fuel are placed indicating its type, brand, type, size, grade and retail prices per unit of weight and (or) volume directly at the place of its sale or storage. Solid fuel is placed at the place of its sale or storage separately by types, brands, sizes, grades and other key indicators that determine the area of its application and consumer properties.
111. Selection by the consumer of solid fuel can be made at the place of its sale or storage.
112. The consumer, at his request, must be provided technical means for independent control of solid fuel selected for purchase. The consumer has the right to demand control weighing, measuring and checking the grade of the purchased solid fuel.
113. Loading of solid fuel on transport is free of charge. additional fee from the consumer. Unloading of solid fuel delivered to the consumer is carried out for an additional fee.
XV. Monitoring compliance with these Rules
114. Control over compliance with these Rules is carried out in accordance with the legislation of the Russian Federation by federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments within their competence established by acts determining the status of these bodies.
Clause 1 Unless otherwise provided by the contract, the consumer is considered to be temporarily residing in the residential premises during the period, the duration and start date of which are specified by the consumer in the notification sent to the contractor, and the utility bill attributable to the temporarily residing consumer is calculated in proportion to the number of days lived;
C) for gas supply - in accordance with subparagraph 5 of paragraph 1 of Appendix No. 2 to these Rules.
20. In the absence of individual metering devices for cold water, hot water, electricity, gas and heat energy in non-residential premises of an apartment building, the amount of payment for utilities in non-residential premises is calculated according to the relevant tariffs established in accordance with the legislation of the Russian Federation, as well as based on volumes of consumed communal resources, which are determined by:
A) in the absence of a collective (common house) meter for cold water and (or) hot water in an apartment building - by calculation based on water consumption standards, and in the absence of such standards - in accordance with the requirements of building codes and regulations. When equipping an apartment building with a collective (common house) meter and individual premises in such a house with individual and (or) common (apartment) meters, the amount of payment for utilities is determined in accordance with subparagraph 1 of paragraph 3
B) for wastewater - as the total volume of consumed cold and hot water;
C) in the absence of a collective (common house) gas and (or) electric energy meter in an apartment building - by calculation, agreed by the resource supply organization with the person who has concluded an agreement with it, based on the power and operating mode of the consuming devices installed in these premises. When equipping an apartment building with a collective (common house) metering device and individual premises in such a house with individual and (or) common (apartment) metering devices, the amount of payment for utilities is determined in accordance with subparagraph 1 of paragraph 3 of Appendix No. 2 to these Rules;
D) for heating - in accordance with subparagraph 1 of paragraph 1, subparagraph 2 of paragraph 2 and subparagraph 2 of paragraph 3 of Appendix No. 2 to these Rules. At the same time, the contractor makes adjustments to the amount of the payment for heating once a year in the manner prescribed by subparagraph 3 of paragraph 2 and subparagraph 3 of paragraph 3 of Appendix No. 2 to these Rules.
21. When equipping an apartment building with collective (common house) metering devices and in the absence of individual and common (apartment) metering devices, the amount of payment for utilities in a residential building is determined by:
subparagraph 1 of paragraph 2 of Appendix No. 2 to these Rules;
subparagraph 2 At the same time, the contractor makes an adjustment of the amount of payment for heating once a year in accordance with subparagraph 3 of paragraph 2 of Appendix No. 2 to these Rules.
22. When equipping an apartment building with collective (common house) metering devices, consumers of utility services in an apartment building are obliged to pay for utility services based on the readings of the collective (common house) metering device.
23. When equipping an apartment building with a collective (common house) metering device and equipment partially or completely individual and (or) common (apartment) metering devices for premises in such a house, the amount of payment for utilities consumed in residential and non-residential premises, equipped or not equipped individual and (or) general (apartment) metering devices, is determined by:
A) for cold water supply, hot water supply, gas supply and electricity supply - in accordance with subparagraph 1 of paragraph 3 of Appendix No. 2 to these Rules;
B) for heating - in accordance with subparagraph 2 of paragraph 3 of Appendix No. 2 to these Rules. At the same time, the contractor makes an adjustment of the amount of the payment for heating once a year in accordance with subparagraph 3 of paragraph 3 of Appendix No. 2 to these Rules.
24. In the event of repeated (2 or more times) refusal by the consumer to allow the contractor or a person authorized by him to enter the residential premises occupied by the consumer to take readings from individual metering devices or distributors:
A) the performer sends the consumer (in writing) or delivers against signature a notice about the need to inform the consumer of the date and time convenient for the consumer to take readings of individual metering devices or distributors within a month by the contractor or a person authorized by him in accordance with subparagraph "d" of paragraph 50 and subparagraph "e" of paragraph 52 of these Rules, as well as the consequences of the consumer's inaction;
B) the consumer is obliged, within a week from the date of receipt of the notice specified in subparagraph "a" of this paragraph, to inform (in writing) the performer of the date and time of taking readings of individual metering devices or distributors within a month by the contractor or a person authorized by him;
C) if the consumer fails to fulfill the obligations specified in subparagraph "b" of this paragraph, the contractor has the right to calculate the amount of payment for utilities based on the standards for the consumption of utilities in accordance with paragraphs 19, and these Rules and Appendix No. 2 to these Rules, starting from the month in which the last check was made of the correctness of the readings of individual metering devices or distributors by the consumer, their serviceability, as well as the integrity of the seals on them;
D) after the consumer sends the contractor an application (in writing) on the use of individual metering devices or distributors to calculate the amount of payment for utilities and the contractor or a person authorized by him takes the readings of individual metering devices or distributors, the contractor is obliged to recalculate the amount of the fee in accordance with these Rules .
25. If there are collective (general house) meters for the consumption of heat energy in an apartment building and there are distributors in all or in separate rooms, the amount of payment for heating is calculated based on the average monthly volumes of heat energy consumption for the previous year, and in the absence of information on the volumes of heat consumption energy for the previous year - based on the norm of heat energy consumption and the tariff for heat energy, approved in accordance with the legislation of the Russian Federation. At the same time, the contractor makes adjustments once a year to the amount of payment for heating residential and (or) non-residential premises equipped with distributors, in accordance with subparagraph 5 of paragraph 3 of Appendix No. 2 to these Rules.
26. The amount of payment for heating in premises not equipped with distributors is determined based on the total area of residential and heated non-residential premises and norms for the consumption of thermal energy. If residential premises are equipped with distributors, the total area of which is less than 50 percent of the total area of \u200b\u200bresidential premises in an apartment building, then the amount of payment for heating is calculated in accordance with subparagraph 2 of paragraph 2 of Appendix No. 2 to these Rules.
27. The amount obtained as a result of adjusting the amount of payment for the heating utility service and calculated in accordance with subparagraph "d" of paragraph 20, subparagraph "b" of paragraph 21, paragraphs 23 and these Rules is taken into account when calculating the payment for the communal heating service to be paid next month, or compensated by the contractor to the consumer no later than 1 month after the recalculation.
28. When equipping a communal apartment with common (apartment) metering devices, the amount of payment for utilities in this residential area is calculated:
A) for cold water supply, hot water supply, sewerage, gas supply and electricity supply - in accordance with subparagraph 1 of paragraph 4 of Appendix No. 2 to these Rules;
B) for heating - in accordance with subparagraph 3 of paragraph 4 of Appendix No. 2 to these Rules.
29 - 48. Lost their power. - Decree of the Government of the Russian Federation of May 6, 2011 N 354 (as amended on August 27, 2012).
IV-XV. Lost power. - Decree of the Government of the Russian Federation of May 6, 2011 N 354 (as amended on August 27, 2012).
Appendix No. 1
to the Rules for providing
public services to citizens
TERMS
CHANGES IN THE UTILITY FEES
IN PROVISION OF PUBLIC SERVICES OF IMPROPER
QUALITY AND (OR) WITH INTERRUPTIONS EXCEEDING
SET DURATION
Lost power. - Decree of the Government of the Russian Federation of May 6, 2011 N 354 (as amended on August 27, 2012).
Appendix No. 2
to the Rules for providing
public services to citizens
UTILITY PAYMENT AMOUNT
1. In the absence of collective (general house), common (apartment) and individual metering devices in a residential building or in the premises of an apartment building, the amount of payment for utilities is determined in the following order:
1) the amount of payment for heating (rubles) in a residential building or in the i-th residential or non-residential premises is determined by the formula:
Normative consumption of thermal energy for heating (Gcal / sq. m);
Tariff for thermal energy established in accordance with the legislation of the Russian Federation (rubles/Gcal);
2) has expired. - Decree of the Government of the Russian Federation of 06.05.2011 N 354;
3) the amount of payment for cold water supply, hot water supply, sewerage and electricity supply (rubles) in the i-th non-residential premises of an apartment building is determined in accordance with paragraph 20
The number of citizens living (registered) in the i-th residential premises (apartment, residential building) (persons);
Consumption standard for the relevant utility service (for cold water supply, hot water supply and sanitation - cubic meters per month for 1 person; for electricity supply - kWh per month for 1 person);
Tariff for the corresponding communal resource, established in accordance with the legislation of the Russian Federation (for cold water supply, hot water supply and sanitation - rubles / cubic meter; for electricity - rubles / kWh);
4) has become invalid. - Decree of the Government of the Russian Federation of 06.05.2011 N 354;
5) the amount of payment for gas supply (rubles) in the i-th non-residential premises of an apartment building is determined in accordance with paragraph 20 of these Rules, in a residential building or in the i-th residential premises of an apartment building - according to the formula:
The total area of the i-th premise (apartment) in an apartment building or the total area of a residential building (sq. m.);
Gas consumption standard for heating residential premises in an apartment building or residential building, including utility rooms of a residential building, including premises for keeping livestock, baths and greenhouses, established per unit area of \u200b\u200bthe premises (cub. m / sq. m per month);
Gas consumption standard for cooking (cubic meters per month for 1 person);
Gas consumption standard for water heating in the absence of centralized hot water supply (cubic meters per month for 1 person);
Tariff (price) for gas established in accordance with the legislation of the Russian Federation (rubles/cubic meters).
2. When equipping an apartment building with collective (common house) metering devices and the absence of individual and common (apartment) metering devices, the amount of payment for utilities in a residential building is determined in the following order:
1) the amount of payment for cold water supply, hot water supply, gas supply and electricity supply (rubles) is determined by the formula:
The volume (quantity) of a communal resource (cold water, hot water, gas or electric energy) actually consumed during the billing period, determined by the indication of a collective (common house) meter in an apartment building or in a residential building (cubic meters, kWh) ;
The volume (quantity) of the communal resource (cold water, hot water, gas, electric energy) consumed during the billing period in the i-th non-residential premises (excluding common areas) (cubic meters, kWh), determined in accordance with paragraph 20 of the Rules for the provision of public services to citizens;
Tariff for the corresponding communal resource, established in accordance with the legislation of the Russian Federation (for cold water supply, hot water supply, gas supply and sanitation - rubles / cubic meter; for electricity - rubles / kWh);
The number of citizens living (registered) in the i-th residential premises (apartment, communal apartment, residential building) (persons);
The number of citizens registered at the place of residence and place of stay in all residential premises of the house, not equipped with individual metering devices (persons);
2) the amount of payment for heating (rubles) in the i-th residential premises of an apartment building is determined by the formula:
The total area of the i-th premise (apartment) in an apartment building or the total area of a residential building (sq. m.);
Average monthly consumption of thermal energy for heating for the previous year (Gcal / sq. m);
Tariff for heat energy established in accordance with the legislation of the Russian Federation (rubles/Gcal).
In the absence of information on the volumes of consumption of thermal energy for the past year, the amount of payment for heating is determined by formula 1;
3) the amount of payment for heating in the i-th residential premises of an apartment building (rubles) is adjusted once a year by the contractor according to the formula:
The amount of payment for thermal energy, determined on the basis of the readings of collective (common house) metering devices installed in an apartment building (rubles);
The total area of the i-th premise (apartment, non-residential premises) in an apartment building or the total area of a residential building (sq. m.);
The total area of all premises in an apartment building or residential building (sq. M);
The total amount of payment for heating in the i-th residential building of an apartment building for the past year (rubles).
3. When equipping an apartment building with collective (common house) metering devices and individual or all premises in an apartment building with individual and (or) common (apartment) metering devices, the amount of payment for utilities is determined in the following order:
1) the amount of payment (rubles) for cold water supply, hot water supply, gas supply, electricity supply in residential and non-residential premises equipped with an individual and (or) common (apartment) metering device or not equipped with an individual and (or) common (apartment) device accounting, is determined by the formula:
The volume (quantity) of a communal resource (cold water, hot water, gas or electric energy) actually consumed during the billing period, determined by the readings of a collective (common house) meter in an apartment building or in a residential building (cubic meters, kWh) ;
The total volume (quantity) of a communal resource (cold water, hot water, gas or electric energy) consumed during the billing period in residential or non-residential premises equipped with metering devices, measured by individual metering devices, and in communal apartments - by common (apartment) metering devices (cubic meters, kWh);
The total volume (quantity) of a communal resource (cold water, hot water, gas or electric energy) consumed during the billing period in residential or non-residential premises that are not equipped with metering devices, determined for residential premises - based on the standards for the consumption of utilities according to formulas 3 and , for non-residential premises - in accordance with paragraph 20
The volume (quantity) of a communal resource (cold water, hot water, gas or electric energy) consumed during the billing period in the i-th residential or non-residential premises equipped with a meter, measured by an individual meter, and in communal apartments - by a common (apartment) metering device, or in the i-th residential or non-residential premises not equipped with a metering device, determined for residential premises - based on the standards for the consumption of utilities according to formulas 3 and , for non-residential premises - in accordance with paragraph 20 of these Rules (cubic meters, kWh);
The tariff for a communal resource established in accordance with the legislation of the Russian Federation (for cold water supply, hot water supply, gas supply and sanitation - rubles / cubic meter; for electricity - rubles / kWh);
2) the monthly amount of payment for heating (rubles) in a room not equipped with metering devices is determined by formula 1, and in the i-th residential or non-residential premises of an apartment building equipped with metering devices, is determined by formula 7;
3) the amount of payment for heating in the i-th residential or non-residential premises of an apartment building (rubles) is adjusted once a year by the contractor according to the formula:
The amount of payment for heat energy consumed over the past year in all premises, determined based on the readings of the collective (common house) meter and the heat energy tariff approved in accordance with the legislation of the Russian Federation (rubles);
The amount of payment for heat energy consumed during the billing period in premises equipped with metering devices, determined based on the readings of individual metering devices, in communal apartments - common (apartment) metering devices and the tariff for thermal energy approved in accordance with the legislation of the Russian Federation (rub .);
The amount of payment for thermal energy consumed during the billing period in premises not equipped with metering devices, determined on the basis of the norm for the consumption of thermal energy and the tariff for thermal energy approved in accordance with the legislation of the Russian Federation (rubles);
The total area of all residential and non-residential premises in an apartment building (sq. M);
The total area of the i-th premise (apartment, non-residential premises) in an apartment building (sq. m.);
4) the monthly amount of payment for heating (rubles) in residential and non-residential premises in an apartment building equipped with distributors is determined by formula 7;
5) the amount of payment for heating in the i-th residential or non-residential premises in an apartment building equipped with distributors (rubles), once a year, is adjusted by the contractor according to the formula:
Payment for thermal energy determined using collective (common house) metering devices installed in an apartment building (rubles);
Payment for heat energy according to consumption standards in the u-th room not equipped with distributors (rubles);
K - number of apartments not equipped with heat distributors (pcs.);
The share of payments attributable to the q-th distributor installed in the i-th room;
P is the number of distributors installed in the i-th room (pcs.);
The share of payments attributable to the j-th distributor installed in an apartment building;
T - the number of distributors installed in an apartment building (pcs.);
The total amount of payment for heating in the j-th dwelling in an apartment building for the past year (rubles).
4. When equipping a communal apartment with common (apartment) metering devices and the absence of individual metering devices, the amount of payment for utilities in the i-th residential premises is calculated in the following order:
1) the amount of payment for cold water supply, hot water supply, gas supply, electricity supply or sanitation (rubles) is determined by the formula:
The volume (quantity) of consumed cold water, hot water, gas (cubic meters), electrical energy (kWh) or the volume of discharged domestic wastewater (cubic meters) in the j-th living space of the i-th communal apartment;
Tariff for the corresponding communal resource, established in accordance with the legislation of the Russian Federation (for cold water supply, hot water supply, gas supply, sanitation - rubles / cubic meter; for electricity - rubles / kWh);
2) the volume (quantity) of consumed cold water, hot water, gas (cubic meters), electrical energy (kWh) or the volume of discharged domestic wastewater (cubic meters) in the j-th residential premises of the i-th communal apartment is calculated according to formula:
The volume (quantity) of consumed cold water, hot water, gas (cubic meters) or electrical energy (kWh) in the i-th communal apartment, determined according to the readings of the general (apartment) metering device, or the volume of diverted effluents, calculated as a total the volume of consumed cold and hot water (cubic meters);
The number of citizens living in the j-th dwelling in the i-th communal apartment (persons);
paragraphs 1 - Appendix No. 2 to these Rules regarding the procedure for calculating the amount of payment for a utility service for heating.
Having considered in open court an administrative case on A.'s application to invalidate subparagraph "b" of paragraph 23 of the Rules for the provision of public services to citizens, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 307, subparagraph 2 of paragraph 3 of Appendix No. 2 to the Rules,
3. For the purposes of these Rules, services and works are considered to be provided or performed with inadequate quality if they do not comply with the requirements of the Rules for the maintenance of common property in an apartment building, the Rules for the provision of public services to citizens, other requirements of the legislation of the Russian Federation and the terms of the contracts specified in paragraph 5 of these Rules .
B) the provision included in the resource supply agreement in accordance with subparagraph "a" of paragraph 18 of the Rules on the responsibility of the contractor for the actions of consumers of utility services that resulted in a violation of the indicators of the quality of the communal resource and the volume of the supplied communal resource established by this agreement is applied subject to paragraph 53 of the Rules for the provision of communal services services to citizens approved by Decree of the Government of the Russian Federation of May 23, 2006 N 307 (hereinafter referred to as the Rules for the provision of public services to citizens);
B) decisions of state authorities of the constituent entities of the Russian Federation on the application, when calculating the amount of payment for a utility service for heating, the procedure for making such a calculation, established by the Rules for the provision of public services to citizens, approved by Decree of the Government of the Russian Federation dated May 23, 2006 N 307 "On the procedure for providing communal services to citizens", using the norms for the consumption of thermal energy for heating, in force on June 30, 2012, adopted in accordance with subparagraph "b" of paragraph 1 of the Decree of the Government of the Russian Federation of August 27, 2012 N 857 "On the features of application in 2012 - 2014 of the Rules for the Provision of Public Services to Owners and Users of Premises in Apartment Buildings and Residential Buildings", are valid until canceled by the authorities that adopted them, but no later than the day from which paragraphs 15 - of the Rules for the provision of public services to citizens and paragraphs 1 - of Appendix No. 2 to specified Rule lam.
paragraph 6 of the Decree of the Government of the Russian Federation of May 23, 2006 N 307 "On the procedure for providing public services to citizens" and paragraph 8 of the Decree of the Government of the Russian Federation of August 13, 2006 N 491 "On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and the performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration "in connection with numerous appeals from consumers and utility service providers, informs .
"c) the cost of utilities during the heating and non-heating periods, determined in accordance with the rules established by the Government of the Russian Federation for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, if the state authorities of the constituent entities of the Russian Federation, in accordance with the Government of the Russian Federation in accordance with the procedure, a decision was not made on the implementation by consumers of payment for utility services for heating evenly for all billing months of the calendar year or a decision to apply, when calculating the amount of payment for a utility service for heating, the procedure for calculating the amount of payment for a utility service for heating in accordance with the Rules for the provision of utility services to citizens, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 307, using the norms for the consumption of thermal energy for heating that were in force as of June 30, 2012. Season nye regional standards for the cost of housing and communal services are used to calculate and provide subsidies, starting from the start or end date of the heating period, established by the local government, respectively;
The Ministry of Regional Development of the Russian Federation, in accordance with paragraph 6 of Decree of the Government of the Russian Federation of May 23, 2006 N 307 "On the procedure for providing public services to citizens", in connection with numerous appeals from consumers and utility service providers, provides clarifications on the application of paragraph 8 of the Rules for the provision of public services citizens.
Provision to the public is strictly regulated by federal laws, rules, regulations and other acts.
Knowing the standards of their provision, volumes, quality and time of submission, citizens can seek to improve the service. But we must not forget about our duties - the admission of controllers.
Housing relations between consumers and service providers are impossible without state intervention. It does so by passing laws and amending them.
fundamental laws and regulations, which are guided by housing and communal services enterprises, are:
In addition, housing and communal services enterprises are guided by many specialized regulations in the course of its activities:
- Rules for the use of the sewerage and water supply system in the Russian Federation (Government Decree No. 167).
- Decree No. 761 defines citizens-consumers.
- Rules for the provision of public services to citizens No. 307 regulate the relationship between owners and end users of services with suppliers, establish standards for the consumption of individual resources.
- Specialized regulations relating to a specific sector of housing and communal services - gas supply, sewerage, water supply, maintenance of apartment buildings, and so on.
Changes regarding the procedure for the provision of public services
The main governing document is "Rules for the provision of public services to citizens", approved by Decree of the Government of the Russian Federation No. 307 dated May 23, 2006 In 2015 this document has undergone some changes.
Service consumers who are able to install meters but have not done so will pay more. This measure is designed to encourage the population to install metering devices, both general and individual.
Such a normative act existed before, but was not widely used. Now, after legitimizing the innovation, the requirements will apply to all citizens without exception.
Consequently, the clause that regulates the charging of fees during the verification (temporary absence) of the meter has also changed.
If earlier consumption indicators for the previous three months of the “standard” tariff were taken for calculation, now the increased rate will be taken into account with increasing coefficients. At the beginning of 2017 this indicator equals 1.5.
The use of increased coefficients is possible if the controller is not allowed into the apartment or house to take evidence over three consecutive months.
Increased tariffs will not apply to gas supply.
Thus, all innovations relate to the use of multiplying factors in the absence of meters in the room.
The important thing is that their absence can be justified, for example, when there is no technical possibility of mounting IPU, OPU. In this case, the fee will be charged at the old rates.
General provisions of the Rules
The main points of the document are:
In addition, the general provisions have a decoding of the main terms and concepts used in the provision of housing and communal services.
The document applies to consumers (citizens legally residing in, private, state property), and service providers.
Rights and obligations of the parties to public services
The consumer has the right:
- receive service of proper quality, in a timely manner and in full;
- uninterruptedly receive public services, demand improvement of their quality to the established level;
- participate in decision making regarding common property and house territory;
- control and pay for the actual volume of services spent;
- demand a reduction in payment in case of interruptions in supplies, poor quality or own absence from the premises;
- demand compensation for damage if the latter was caused through the fault of the service provider;
- verify payments made;
- receive full information, get acquainted with documents and regulations regarding specific services.
The supplier has the right:
- demand timely ;
- require compliance with the rules for the operation of housing, IPU, OPU;
- receive compensation from the state for consumers who have;
- freely enter the premises for verification of readings and serviceability of metering devices.
The consumer undertakes timely pay for consumed utilities, provide access to the supplier's representatives to the premises, independently monitor the serviceability of engineering networks in the apartment.
Supplier is obliged provide services in a timely manner, in full, without long interruptions, of the established quality, conclude an agreement with the consumer and monitor the technical condition of the systems in the house.
Quality standards
Housing and communal services must be carried out in accordance with GOST R 51617-2000, federal laws and other regulations.
All services must be provided in the amount set for the needs of the population, to ensure continuous consumption.
Breaks are allowed only when repair or force majeure.
All services must be safe for the health and life of the population.
The supplier must carry out quality control of services:
- visual;
- analytical;
- instrumental.
Devices, products, substances used for the provision of services must be controlled and meet standards.
The procedure for paying utility bills
The Housing Code obliges the consumer to:
- both businesses and individuals;
- make payment by the 10th of every month;
- draw up payment documents in accordance with the received receipts;
- receive if there are grounds;
- pay for all premises owned by;
- in some cases, not only current, but also major repairs of common property in apartment buildings are subject to payment.
Resolution of disputes and disagreements
Disputes between the consumer and the contractor may be of the following types:
It is in the housing sector that mediators are not popular. The reason is banal - the side that has not received its own considers itself right and seeks to punish the culprit. At the same time, she does not take into account that the trial may drag on for years, and may be accompanied by large expenditures of money, effort and time.
Mediation in housing and communal services aimed at reconciliation, compensation for damage to the victim in a short time.
But, until amendments are made to the current legislation, obliging the parties to the dispute to use mediation, communal conflicts will be resolved in court.
Video: In Russia, the standards for the consumption of utilities have been increased
The report discusses the problem of calculating the cost of consumed utilities in the presence or absence of individual metering devices.
It is told what multiplying factors will be introduced for owners of residential premises that are not equipped with meters.