The law on housing and communal services on the calculation of payment standards for water. Standard consumption of cold and hot water per person per month without a meter Charge for water in the absence of metering devices
Reading time: 6 minutes
Owner's utility costs square meters are growing every year. Of particular importance is the ability to save money and look at payslips with knowledge. And if inconsistencies are identified in them, demand recalculation of accruals. In addition, there are other reasons for increasing or decreasing the amount on the receipt. In this article you will learn how to recalculate utility bills for water using a meter.
How is the water fee determined?
Payment for water is a concept that includes not only the cost of the resource itself. It also consists of the costs spent on supplying and ensuring proper quality of water.
The final amount is also affected by the presence of in-house measuring devices at the consumer’s disposal. After they are installed, the fee is calculated by multiplying the readings by the tariff.
Legal basis
Payment utilities Section 7 of the Housing Code is dedicated to Russian Federation(hereinafter referred to as the Housing Code of the Russian Federation). In Part 2 of Art. 157 of the Housing Code specifies that water supply fees are calculated in accordance with the tariffs established by the region. Basic concepts in the field of water supply and sanitation are regulated by the Federal Law of December 7, 2011 No. 416-FZ “On water supply and sanitation”.
The key link in regulation is the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings (Resolution No. 354). They establish the rights and obligations of the consumer and the seller, and provide a scheme for recalculating the amount of water charges.
Cases involving increased water charges
At the initiative of the supplier or management organization, the price of water may change upward in the following cases:
- Based on the results of checking the values of metering devices, periodically carried out by representatives of the supplier. Recalculation of readings after verification occurs quite often. If the tenant underestimates the readings, then the detection of a violation will be followed by charging for water according to the data taken by the inspector.
- If any irregularities are detected in the meter connection. In addition to the act requiring the removal of the connection, the resident will be charged an additional fee based on the volume of water that he could have consumed.
- If an external influence on the meter is detected: broken seals, damaged integrity. The recalculation is similar to the second basis.
Reasons for reducing water charges
The consumer has the right to put forward a demand for a reduction in water charges. The RF Housing Code and Resolution No. 354 identify the following grounds for downward recalculation:
- Temporary absence from housing. This is relevant for apartments without meters, as well as to explain the lack of submission of information on the meter.
- Provision of services of inadequate quality and/or their complete absence. If there is no water or cold water flows from a hot tap, you should act quickly.
A specialist must record the violation. To do this, you should contact the dispatch service. The dispatcher is obliged to accept the message, register and report its number.
According to the regulations contained in section 10 of Decree No. 354, the inspector must arrive within 2 hours from the moment of the call. During the inspection, he will assess the temperature and water pressure and draw up a final report.
The inspection report is confirmation of the validity of the recalculation requirements.
Let us remind you that recalculation can also be performed if a technical error is detected in the calculations. Typos and inaccuracies are common. The fact of their detection should be reported to the management organization.
Rules for charging fees in the absence of submission and incorrect submission of data
If the apartment has a water meter, the tenant has the right to report its readings. But it is not always possible to use this right. And if you haven’t submitted your testimony for a long time, the water fee may increase.
The accrual rules are determined by clause 59 of Resolution No. 354. In clauses. “b” is fixed: if the data is not transferred, the fee for the first 3 months is calculated taking into account the average consumption for the previous six months. If the tenant has forgotten about the meters for more than 3 months, then the payment is made according to consumption standards (clause 60), but without a coefficient.
When resuming the submission of information, the consumer may think about whether they should recalculate the water bill if they have not submitted the information for more than 3 months. There is no recalculation for the previous period. According to paragraph 31 of the Resolution, the supplier is obliged to use readings from apartment meters only for the billing period for which they were taken.
If readings were also taken in June for April-May, only the water used in June will be paid for on the meter.
Many payers have a question about what to do if the readings were reported incorrectly: the figure was changed upward, the readings for hot and cold were mixed up. cold water and so on.
When contacting the supplier, the fee will be recalculated, and the overpaid money will become an advance payment for the following months. Another option: the tenant will be credited for the amount underpaid for services in the previous billing period. This scheme of action is also valid if the electricity meter readings were transmitted incorrectly.
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How to request a recalculation of water charges based on the meter
To receive a recalculation of water charges, you need to inform the service organization (MC, HOA, housing cooperative) or the service provider if the water supply agreement was concluded with him directly. The data from the payslip will help you understand where exactly to go.
Recalculation of water meter readings in 2019 is carried out upon written application. It is drawn up in free form, but requires the presence of mandatory information:
- Full name of the applicant.
- Residential address.
- Request for recalculation.
- His period.
- Reasons for carrying it out with supporting documents attached.
There are two ways to submit:
- send an application by registered mail with notification of delivery and an inventory of the contents, keeping the receipt and notification;
- Appear at the organization in person and register your application with the responsible person. You should take two copies of the application with you; the employee must put a registration number, date and signature on yours.
You have only 30 days to apply. Changes to the payslip will be visible next month.
It is also worth mentioning how to recalculate water meters if readings have not been submitted. Although the provisions of Resolution No. 354 do not provide for recalculation at the request of the tenant, in practice many management companies reduce the fee. In addition, after checking the meters, based on clause 61, the supplier will be obliged to recalculate based on actual consumption. In any case, it would not be superfluous to submit an application for recalculation.
What documents to prepare
To carry out recalculation, you need to provide documents. Their composition depends on the reasons for changing water payments. So, if you did not provide evidence due to temporary absence from your place of residence, you should prepare:
- Statement.
- A document confirming the fact of absence indicating the period: travel certificate, tickets, certificate of being treated in a hospital, and so on.
For recalculation related to low quality of services / lack thereof:
- Statement.
- Service verification report.
- The results of an expert opinion, for example, on the composition of water, other evidence.
How to get water recalculation without a meter
If there is no metering device, there is still a chance to save money. But recalculation is available only if there is a confirmed absence technical feasibility installation of the meter (section 8 of Decree No. 354).
There are other features of recalculation:
- it is possible if the period of continuous absence of the consumer from housing exceeds 5 days;
- payment for sewerage is recalculated when recalculating the payment for hot water supply and hot water supply;
- the cost of water for ODN is not recalculated.
To reduce your payment you need:
- Write a statement indicating all absent residents, dates of departure and arrival, and reasons.
- Attach documents confirming your absence to your application.
- Submit an application to the service provider.
It is important to remember: if the tenant submits an application before departure, the recalculation will be made within 5 working days or no later than 30 days after the end of the period of absence.
Where to complain if a recalculation is refused
It is the responsibility of the supplier and management organization to change the amount of payment for water supply services depending on the circumstances. If the management company refuses to recalculate water costs, you can find leverage.
First, you should receive a written refusal from the company. You can complain about this refusal to the prosecutor’s office and Rospotrebnadzor. An appeal, supported by a written refusal and a copy of the application for recalculation, will become a reason for verification. If the requirements are justified, a recalculation will be made.
If the instructions of the regulatory authorities do not find a response, there is another chance to restore justice -. It will also help in compensation for moral damage. You can go to court without going through the supervisory authorities.
conclusions
Recalculation of payments for water according to the meter can be made either at the request of the resident or at the initiative of the supplier based on the results of checking the device. The cost may change upward or downward. To request a recalculation in your favor, you should contact the management organization or service provider, providing an application and documents confirming its validity.
Recalculation for housing and communal services: Video
Lawyer. Member of the Bar Association of St. Petersburg. More than 10 years of experience. Graduated from St. Petersburg State University. I specialize in civil, family, housing, and land law.
What problems with utility bills are encountered in reality and what to do about them?
Utility bills are a hot topic for everyone, since, having a home, each of us has utility costs, a large share of which really goes down the drain. They say that switching to metered payments is more economical, but practice shows that it is not so easy to achieve this benefit. What to do in this case, when the water bill should be lower, but officials are against it? But what if payments for utility services simply increase for no apparent reason?
A detailed answer to these eternal questions was given by Anton Chertov, Candidate of Legal Sciences, Director of the Department for Work with Regulatory Risks, Analysis and Generalization of Judicial Practice of LLC Management Company ROSVODOKANAL.
Anton, in Lately Almost everyone has water meters. Some residents installed them not long ago and have questions regarding payment. Let's try to understand these issues on specific examples. Let's say a person lived and paid all his bills as expected. Then he installed the meters, and correctly, but was 10 months overdue for verification. Moreover, throughout these 10 months he paid for water, as he had done in all previous years, that is, according to the standards. However, for these 10 months he received a recalculation, according to which he must pay for the months when there were already meters, but there was no verification. It turns out that the person was already paying more for this period than he could have, and then he found himself in debt for something else. No one can really explain why he should pay for something: neither the lawyer for the State Budgetary Institution Zhilischnik in the Obruchevsky district, nor the employee of the MFC. However, everyone refers to Resolution No. 354, according to which a person still owes something. Is this really true? And even if he should, how can he verify the correctness of these accruals?
FROM THE EDITOR.The head of the MFC of the Obruchevsky district, Grigory Kurov, and an employee of this MFC, Rushana Nurieva, asserted over a voice recorder that after installing (checking) the meters, the homeowner must overpay for several years.
In this case, the ambiguity of application is due to federal legislation, since any meters are regulated, first of all, federal law on ensuring the uniformity of measuring instruments. And in this law for individuals, who are consumers of utility services, there is no obligation to submit measuring instruments for periodic verification, while such an obligation is established for legal entities And individual entrepreneurs. And according to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354, the State Budgetary Institution “Zhilischnik” as the provider of utility services if the consumer fails to transmit meter readings for 6 consecutive months I was obliged to check the meter myself and take readings. At the same time, the Rules for the provision of utility services also establish the obligation of the contractor to commission individual metering devices at the request of the consumer of utility services.
Anton Chertov: “Federal legislation does not establish an obligation for individuals to submit utility meters to periodic check. This is the responsibility of the utility service provider."
- Should the “tenant” have done the check himself?
Yes, this is written down directly in the rules for the provision of utility services, that is, it is their responsibility. State Budgetary Institution employees should have notified the owner of the expected date of inspection and checked and taken readings from the meter.
What is verification, in principle? This is a way to confirm that the operation of a metering device corresponds to its passport indicators. And although this law does not directly establish the obligation of individuals who are consumers of utility services to ensure periodic verification of metering devices, I still believe that this is necessary, since the quality of metering devices in the Russian Federation does not always meet all requirements. In addition, we may have aggressive water environment, under the influence of which devices deteriorate. And here there is a risk that during verification the fact of non-compliance of the metering device (failure of the metering device) will be established, and then the volumes of services provided for hot and cold water supply will be recalculated based on consumption standards for the entire period of time from the date of failure of the metering device .
Anton Chertov: “The owner who has not installed metering devices pays according to consumption standards, taking into account the increasing coefficient. Usually in such apartments they overpay for water by almost 50%.”
Let’s say a person installed water metering devices, they started working, he submitted all the data correctly, but then he will still be charged additional payments for the so-called people who were not accounted for during this period. How can I check whether this surcharge is calculated correctly? Suppose there are 100 apartments in a building, 80 have appliances, but 20 do not. One person installed the meter after 10 months, that is, there are already 19 apartments without metering. How will the surcharge be calculated for these 10 months? Will the arrears for 19 apartments be borne by this one person who installed the meters, or by all 80 apartments?
The story is a little different. In general, all utility resources - cold and hot water, electrical energy, heating and sanitation - in housing legislation are divided into those directly consumed by you in your living space and those resources that are spent in common premises apartment building. For example, the elevator in a house does not move on its own; firstly, it wastes energy, and secondly, it is maintained by the management company. And all residents pay for it.
In any apartment building, where there is a common house meter, but not every apartment has an individual meter, there is a problem of unaccounted consumption. And if the owner has not installed metering devices, then he pays for the volumes that are determined by consumption standards. It is worth noting that in Moscow the standards are quite high. In addition, according to the standard, this volume is increased by an increasing factor. From January 1, 2017, this coefficient is 1.5, that is, people in apartments without meters overpay by almost 50%. And now these bills, issued according to consumption standards, must be paid regardless of whether the owner lived or not. Today no one recalculates due to absence.
- And if there are meters, the person has not lived, the readings have not changed, then he does not pay anything?
Yes, the owner submits meter readings and does not pay if the readings have not changed. But the management organization has the right to demand that these devices be checked, since they may simply be faulty.
And if the verification deadline has not yet arrived, the person does not live in his own apartment, does not consume water, does not submit data, then he does not pay for water?
Yes, it doesn’t pay, so it’s profitable to install meters. But you need to submit meter readings. Even if zero readings are not submitted, then for the first three months invoices will be issued based on average consumption, and then payments will be calculated according to standards.
Anton Chertov: “Today the owners are for common areas they pay according to the readings of a common house meter, and expenses for the maintenance of such common property are reflected in the payment for housing services. On this basis, any additional payments and recalculations that go beyond the meter readings do not comply with current legislation.
- But let's talk about the maintenance of common areas.
The volumes of water or electricity entering common areas must be taken into account by common house metering devices, which are usually located at the entrance to the house in the basement. Let’s say that a house used individual appliances to consume 100 cubic meters of water in a month, and people paying according to the standards used another 30. However, according to the readings of the common house meter, the house received not 110 cubic meters of water, but 140. This is possible where large families, not all of whose members are registered in the apartment, pay according to utility consumption standards, and not according to actual consumption. So, from January 1 to August 9, 2017, this entire imbalance fell on the resource supply organization, that is, on the water supplier. And already at Mosvodokanal this imbalance was divided among all consumers.
On August 10, 2017, changes made to the Housing Code came into force, according to which the procedure for determining the volume of “common house” utility resources has changed if a common house meter is installed in the house. Owners pay according to the readings of a common house meter, and expenses for the maintenance of common property are reflected in the payment for housing services. On this basis, any additional payments and recalculations that go beyond the meter readings do not comply with current legislation. Any expenditure of resources, I repeat, on the maintenance and upkeep of common property is included in the housing service.
But there is a nuance here: these changes are already in the law, but there are no corresponding changes in the rules for the provision of utility services. According to the draft changes to the rules, which were discussed, despite the readings of the common house meter, the volume of consumption of utilities for the purpose of maintaining common property, presented for payment to residents, will not have to exceed the value of the corresponding standard, and no one will have to pay for volumes in excess of the specified standards, even if the instruments show higher consumption. The only exception to this norm in the project is the case when the house has automated system control and accounting of the corresponding communal resource, ensuring simultaneous recording of readings from common house and individual metering devices in all rooms of the house.
There is one more question. It concerns the owner who installed metering devices, was 10 months overdue for verification and received a recalculation for the period when he simply paid according to the standards. The recalculation not only came for these 10 months, but the MFC said that such additional payments are possible for up to 3 years, since in 10 months someone was registered, someone was deregistered, someone did not remove some data... How is this possible?
This is a clear accounting error. This entire imbalance has already gone into fees for maintenance and repairs; it does not exist as a cubic meter for the owner.
Now for those who have overdue verification for three months or more and have not submitted meter readings. They make a calculation for three months based on their average consumption, and after three months the calculation is based on the consumption standard, despite the fact that there is a meter. After the check, which showed that the devices are in working order, the management company must recalculate based on the readings of the installed meters.
Let me remind you that in accordance with Article No. 157 of the Housing Code, payment is possible either according to standards or according to meter readings. The owner has a metering device, its performance has been confirmed - there is no reason to issue any other bills.
Anton, there is another question regarding temperature hot water. Andrei Chibis once suggested making it less hot, that is, giving water below 60 degrees, then he suggested making it hotter... Then they explained to us all why we needed exactly 60 degrees, and decided not to touch this temperature. Is it possible for the water temperature to always be exactly 60 degrees everywhere? And if the outlet temperature is 55 or 50, is this normal or not?
Perhaps for this reason, in the Russian Federation there are no hot water meters that, in addition to volumes, would also measure temperature, because in this case there would be a huge adjustment in bills. According to the law, if you receive hot water with a temperature below 60 degrees, you have the right to demand a reduction in its cost, since this water does not meet the requirements of Appendix 1 to the rules for the provision of public utilities, and if the water temperature is below 40 degrees, you should pay for such water as cold.
Why was the number 60 chosen? As far as I remember, this is what Rospotrebnadzor insisted on, since at this temperature the death of pathogenic bacteria occurs. And this is a healthy position. Given the deterioration of our networks, we should be concerned about the safety of the water supplied.
- Where is it still necessary to measure the water temperature? Upon entering the building? When coming out of the tap? Are there criteria?
You measure the water temperature in a water tap.
- Can you measure directly in the tap?
Maybe yes.
- The same the water is flowing to heat the building?
In Moscow, the batteries flow with different water. We have closed system hot water supply. But there is also an open heat supply system, when in fact the same water enters both the heat supply system and the taps. But according to the law on heat supply open systems We have them only until 2022, and after that they should be transferred to closed ones. Closed ones are still more economically profitable.
- Please clarify, is it necessary to measure the water temperature with a certified measuring device?
To require a quality inspection of a utility service, anyone can measure it; I have not heard that special instruments are required. The law in this case is on the side of the consumer. You, as a consumer, can measure the temperature in any way, and only then demand that the utility service be performed properly. Next, the management company (utility service provider) must carry out the necessary checks to establish the fact of deterioration in the quality of hot water in relation to its temperature inside the house hot water system.
- We have one more practical question. In “Construction.RU“an entrepreneur who received a payment for an increase in the cost of management services in the Tagansky district contacted. The tariff for waste removal has increased by 50%. We decided to figure out the reasons for the increase in payments. Our correspondent was told over a dictaphone that it was necessary to increase the salaries of employees, that, they say, everyone was raising them. This mini-interview was sent to the Moscow Housing Inspectorate, they were horrified and said that the maximum increase in tariffs for this period could only be 11%. As a result, the payment for this entrepreneur was reduced. The management company apologized, citing a mistake. At the same time, during the same period, the heating payment for the same entrepreneur was increased by 50%. The editors again went to the management company to find out the reason for the increase, and there they retreated, citing a different calculation method. Tell me, are the Criminal Codes doing this deliberately, hoping that they will not be checked? And if a business receives such payments, how can they be checked, what laws should they look at and where can they go for clarification?
We have a universal supervisory body - the prosecutor's office. You can always contact such questions there. Secondly, you can contact the federal antimonopoly service, which, among other things, monitors the abuse of a dominant position.
FROM THE EDITOR
We thank Anton Chertov for providing his expert opinion.
The editors will continue to study the topic of the interview, hope to receive a comment from G. Khovanskaya and contribute to the cancellation of illegal payments, up to and including contacting the Moscow prosecutor's office.
Interviewed by Alexander Gusev, prepared by Natalya Bukhtiyarova
Payments for utility services make up a significant share in the budget of Russians, often exceeding 1/5-1/4 of total income. That is why it is important to ensure that housing and communal services receipts include only the services actually consumed by the family (this also applies to water supply), and do not hesitate to demand a recalculation of payments.
What is recalculation for water in a housing and communal services receipt?
Depending on what amenities the living space is provided with, the consumer has to pay for cold and hot water, electricity, gas or solid fuel, drainage ( wastewater), collection and removal of waste (MSW). According to the payment for “utilities”, water (cold and hot), energy, and sanitation spent on maintaining the common property of an apartment building are included.
The total payment billed by the management company to the consumer tenant (or owner) is calculated from the readings individual counters(apartment) and public metering devices. If there are no meters, payment is calculated according to utility consumption standards. This procedure is also established for payments for water (Rules, approved by Decree of the Government of the Russian Federation No. 354 of 2011).
In some cases, a receipt for payment of utilities contains a recalculation column that adjusts the total payment amount up or down. IN big side the amount is adjusted by resource supply organizations based on the results of meter checks, but to reduce the amounts for one reason or another, residents will have to write an application for recalculation.
The difference between the accrued and previously paid amount for water and the amount that actually needs to be paid is the amount of recalculation for water.
Grounds for recalculation
Current legislation provides for the possibility of recalculating amounts for water and other utility resources.
If there are meters in the apartment, this is done for one of the following reasons:
- Based on the results of checking the metering devices in the apartment. If the readings provided by the homeowner to calculate payments do not correspond to those found during the inspection by representatives of the resource provider, a recalculation is made based on the inspection data. In this case, it is possible that the amount will either decrease (if the readings were submitted with an overestimation of volumes) or increase it (if the readings were underestimated).
- In case of violation of the rules for connecting the consumer to networks. In this case, recalculation for the service is made on the basis of an act of the commission that established the fact of an incorrect connection. In this case, the consumer is charged additionally for the unaccounted resource (for water, this is done based on the throughput of the pipes) and is given an order to eliminate such a connection. If it is impossible to establish since when the incorrect connection has existed, additional fees will be charged for the three previous months (according to Article 354 of the Resolution, paragraph 62).
- In case of interference with the operation of meters. Frequent reasons for recalculation on this basis are the loss of seals, missed deadlines after calibration of meters, etc. Recalculation is done from the date of installation of seals and devices that allow recording unauthorized interference in the operation of meters, but no more than three months prior to that. in which interference with the operation of devices has been established.
- When providing services (including cold water, hot water) with interruptions exceeding the standard duration, or of inadequate quality (for example, low temperature hot water). At the same time, the person guilty of providing low-quality services or their absence is obliged to pay the consumer a fine (Part 4 of Art., Section 9 of Rules No. 354).
As follows from the above, the initiator of the recalculation can be both the consumer himself and representatives of utility services authorized to conduct inspections of the consumption of relevant resources.
The procedure for recalculating utilities
Adjustments to amounts accrued for utilities can be made:
- Based on a protocol or report of inspection/checking of metering devices;
- According to the consumer.
If the initiative is taken by a citizen-consumer of utilities, he must submit an application to the company providing the relevant services (heat supply or water utility). The application must be registered (make a note of acceptance on a copy of the application). If there additional documents(inspection reports, quality reports, etc.), they are also attached to the application.
The application must be reviewed within no more than 5 working days. If the decision is positive, utility bills will be revised, and overpaid amounts will be offset against future payments (that is, in subsequent periods the consumer has the right to pay smaller amounts).
In case of refusal to recalculate, the citizen is left to decide what to do next: he has the right to apply at his own choice to Rospotrebnadzor (for the quality of services), the prosecutor's office or the court.
How to recalculate water using a meter
The most common situation that requires a recalculation of accrued amounts for cold water or hot water is incorrectly transmitted readings to the resource supply organization, which resulted in an overpayment for water.
The procedure to be followed is as follows:
- Record accurate instrument readings with the participation of suppliers. To do this, you need to call specialists from the heat and water supply organization and draw up a report.
- Attach a document for inspection of metering devices to the application and submit it to the billing department of the service provider.
- Expect recalculation, which will be reflected in the next payment receipt.
Recalculation for water according to the meter is done by the service provider in accordance with clause 61 of the Rules, approved. Resolution 354. At the same time, new meter readings taken on commission, at the request of the consumer, are accepted for recalculation only if it is established that the meters themselves are in good working order, the verification period has not expired, and the integrity of the seals has not been broken.
Hot water does not meet the norm - how to recalculate
Payment for hot water supply constitutes a significant part of all utilities, and its quality is not always satisfactory. If rusty or lukewarm water comes out of the tap, if there are interruptions in supply, the consumer has the right to count on recalculation of amounts for hot water supply of inadequate quality.
According to SanPiN, the temperature of the hot water supply must be at least 65 degrees, and according to the “Rules for the Provision of Public Utilities”, fluctuations during the day cannot exceed 3-5 degrees. According to the “Rules”, if the temperature of the hot water supply is below 40 degrees, it is paid at the rates of hot water supply, and if it does not reach the standard of 65 degrees, the cost of payment is reduced by 0.1% for every 3 degrees below the standard.
If the quality of water does not suit the consumer, he has the right to submit a claim to management company(or HOA, housing cooperative).
According to clause 104 of the Rules, an examination upon the fact of a person’s application must be carried out within 2 hours (or at another time as agreed by the parties). The inspection report is drawn up by commission, and the consumer is given his own copy.
If the management company refuses to carry out an inspection, the residents have the right to draw up a joint act, which will subsequently become the basis for imposing a fine on the management company. If the fact of the temperature of the hot water supply is confirmed, it is attached to the application for recalculation, which is submitted to the heat supply organization (if an agreement is concluded with it), or to the management company (if, under an agreement with the consumer, payment is made through it). In this case, the period during which the service was non-conforming is indicated (such a period is determined according to paragraph 112 of Resolution 354).
The difference in domestic hot water bills is counted towards future periods (that is, subsequent months).
Who is responsible for hot water?
It often happens that in order to receive a recalculation for domestic hot water, the consumer has to find out who is responsible for hot water, its temperature and quality.
It should be remembered that citizens make mutual payments with those organizations with whom they have a concluded agreement for heat and water supply. Most often, management companies are responsible for delivering water to residents of apartment buildings, and heat supply organizations are responsible for the temperature and quality of water only up to the separation point (border) between and home system.
Documents on the basis of which recalculation can be made
If a housing utility consumer requests a recalculation of payments for water, hot or cold, supporting documents must be attached to the application.
Such documents may include:
- When clarifying the readings of metering devices - instrument inspection reports, verification document;
- When supplying water of inadequate quality - a temperature measurement report, a report on the lack of water supply, water quality examination protocols, etc.
Extracts from the application books of housing and communal services, management companies (about applications, their elimination) can also serve as supporting documents.
Sample application for recalculation of hot water
There is no established application form for recalculation of water charges.
By general rule, when writing such an application, it is necessary to indicate the name of the addressee - the organization to which the application is submitted (MC, HOA, resource provider), full name and address where the applicant lives (apartment, residential premises) for which recalculation must be made, and the text part, containing the reason and justification for the recalculation.
It is good to support the application with references to the Rules for the provision of utility services, SanPiN, etc. regulations. The documents attached to the application must be indicated in it. Be sure to sign and date the application, and also keep a copy with a note indicating its acceptance for consideration.
It is possible and necessary to know how to recalculate payments for utility services, including cold and hot water, if they do not meet the standard or if there are inaccuracies and errors in the transmission of information from meters. Just don’t forget about the procedure for providing recalculation and confirm your requirements with relevant documents.
According to Decree of the Government of the Russian Federation No. 491 of August 31, 2006, regulating the rules for calculating fees for the maintenance and repair of residential premises:
Article 11
e) collection and removal of solid and liquid household waste, including waste generated as a result of the activities of organizations and individual entrepreneurs using non-residential (built-in and attached) premises in an apartment building; Article 28
Owners of premises are obliged to bear the burden of expenses for the maintenance of common property in proportion to their shares in the right of common ownership. Thus, all garbage from residential and non-residential premises is included in one amount and this amount is distributed among all owners of residential and non-residential premises in proportion to their area.
On this moment The Ministry of Construction is preparing a draft law to transfer this service from housing maintenance to public utilities.
How to charge water if meter readings have not been submitted?
According to Resolution 354 of May 6, 2011, if meters are installed in the apartment, but readings on them were not transmitted, then the calculation is made based on the average consumption according to the meters in previous months.
Article 59
b) in case of failure by the consumer to provide readings of an individual, general (apartment), room meter for the billing period within the time limits established by these Rules, or an agreement containing provisions for the provision of utility services, or a decision of the general meeting of owners of premises in an apartment building - starting from a billing period for which the consumer has not provided meter readings before the billing period (inclusive), for which the consumer has provided the meter readings to the contractor, but not more than 6 billing periods in a row;
After 6 months of calculations based on average consumption, accrual is made according to the standard.
Do I need to make a refund when calculating using the average after transmitting the readings?
If, during the verification of the reliability of the information provided by the consumer about the indications of individual, general (apartment), room appliances accounting and (or) checking their condition by the contractor it will be established that the metering device is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the metering device (distributors) being checked and the volume of the utility resource that was presented by the consumer to the contractor and was used by the contractor when calculating the amount of payment for utility services for the billing period preceding the inspection, then the contractor is obliged to recalculate the amount of payment for utility services
Are recalculations taken into account when calculating charges for general household needs?
This is not explicitly stated in Resolution 354 of May 6, 2011, however, there is a comment from the Ministry on this issue regional development Russian Federation.
Question
Article 61 of the Rules. When recalculating the amount of the fee, we are talking about the consumer to whom the recalculation is being made, and nothing is said about the recalculation in connection with a change in the amount of payment for one of the consumers of the house, the amount of payment for all other consumers of the house, as well as the recalculation of the amount of the fee for ODN.
Answer
Recalculation is not made to other consumers, since the results of recalculation to one of the consumers are reflected in the volume of utility service consumption on the one-way service station for the remaining consumers in the current month. Therefore, the payment amount is calculated for all consumers in the current month, which takes into account the recalculation to one of the consumers.
What are the deadlines for generating and paying an invoice?
According to articles 66 and 67 of Resolution 354 of May 6, 2011, the management organization must provide residents with receipts no later than the 1st day of the month following the expired billing period for which payment is made. Residents, in turn, must pay the invoice no later than the 10th.
However, the resolution allows that these terms may be changed in the agreement for the management of an apartment building.
Including a penalty on the receipt
Resolution 354 of May 6, 2011 prohibits including penalties in the amount of payment of receipts for housing and communal services. A receipt for penalties must be generated as a separate payment document, as is clearly stated in Article 70
The amount of penalties (fines, penalties) determined by law or an agreement containing provisions on the provision of public services for violation by the consumer of the terms of such an agreement is indicated by the contractor in a separate document sent to the consumer.
Federal Law of December 31, 2017 No. 485-FZ “On Amendments to the Russian Federation and Certain Legislative Acts of the Russian Federation” has finally determined the procedure for receiving and the amount of fines for incorrect charges for housing and communal services.
The above changes have taken effect from January 01, 2018 and are indicated in paragraphs 11-13 and paragraphs 6-7 of the Housing Code of the Russian Federation.
Now the owner or tenant of the premises has the opportunity to receive some compensation for the fee if a violation of the procedure for calculating the amount of payment for the maintenance of residential premises is identified or has resulted in an unreasonable increase in the amount of such payment.
Concerning housing fees, then the management organization, homeowners' association, housing or housing-construction cooperative, other specialized consumer cooperative, if a violation is detected, is obliged to pay the owner or tenant of the premises in an apartment building a fine in the amount of 50% of the excess fee.
Regarding the accrual utility fees, then here the fine is paid by the person providing utility services, and the amount of the fine and the procedure for receiving it are the same as in case of violation of the calculation of fees for housing maintenance.
For example, you were charged incorrectly for hot water supply.
The receipt indicated the amount to be paid in the amount of 600 rubles, but they should have charged 400 rubles. Excess amount - 200 rubles, the amount of the fine that the contractor must pay you is 100 rubles.
So, if the owner or tenant of the premises has identified a violation when calculating the amount of payment for the maintenance of housing or utilities, he needs to apply in writing to the organization serving his house or to the person who provides utilities with a request to pay a fine.
A management organization, a homeowners' association, a housing or housing-construction cooperative, another specialized consumer cooperative or other entity providing utility services, no later than 30 days after receiving the application, it is obliged to check the correctness of the calculation of fees and send a response either about the identification of a violation and payment of a fine, or about the absence of a violation and refusal to pay a fine.
If a violation in the calculation of fees is nevertheless identified, a fine will be paid. no later than 2 months from the date of receipt of the application from the owner or tenant by reducing fees for housing and communal services, or reducing the amount of debt on the basis of a judicial act that has entered into legal force.
It is worth noting that compensation in the form of a fine for an unreasonable increase in fees cannot always be obtained. Exceptions are cases when the increase in the amount of the fee occurs due to the fault of the owner or tenant of the premises, as well as if the violation and unjustified increase in the amount of the fee was eliminated before the appeal and (or) before the actual payment of the overcharged amount.
The practical application of such standards remains to be seen, because, as a rule, providers of housing and communal services and recalculation of the amount of fees when a violation is identified are done reluctantly or only under duress from supervisory authorities.
Good afternoon
please tell me what to do in such a situation.
GU IS (or EIRTS) charge water above the standard, which was 2-3 times higher than the standard. The building has a common building meter, some apartments are equipped with individual ones, and some are not. I don’t have a meter and by law I have to pay only according to the nomative. I know that there is a resolution of the Supreme Council of the Russian Federation on this topic. but the law is not written to the Guis.there is a written response from Guis that they make accruals according to the Moscow point of Moscow 77 and therefore there are no grounds for recalculation
I contacted the prosecutor's office and received a response from the Moscow prosecutor's office, which stated that in accordance with paragraphs 19.22 of the rules for the provision of utilities, approved by paragraph 307 of the Russian Federation, the amount of payment for utilities in residential premises will be determined for cold and hot water supply, as well as sanitation by multiplying the number of citizens for the standard and for the tariff. At the same time, this paragraph establishes the possibility of adjusting the amount of payment for utility services once a quarter in accordance with paragraph 1, subparagraph 4 of Appendix 2 to the rules, which does not exclude the possibility of placing the burden of expenses on the consumer to pay for utilities in the entire house... thus 77 points does not contradict 307 points
We were completely stunned there.. what does quarterly adjustment have to do with it when we are talking about different principles of charging for water...
please help me where to go….. I wrote a complaint to the Prosecutor General’s Office against the Moscow Prosecutor’s Office, but I’m afraid they’ll just send the complaint down again….
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Good night! I have the following question: I came for a rent receipt... and they confronted me with the fact that I owe 25,000 rubles. I asked why. In response, they told me that this is a payment according to water standards... Since readings have not been transmitted for a long time since that year Oct
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Victoria Dymova
Support employee Pravoved.ru
5/5 (4)What is recalculation for water in a housing and communal services receipt?
Citizens living in comfortable housing are provided with various household services: water supply (cold and hot), electricity, gas supply, sewerage, solid waste removal.
Parts 4, 5 of Article 154 of the Housing Code of Russia regulate the contents of the receipt for payment of utility services. By law, residents pay for cold and hot water, electricity and sewerage, which are spent on general household needs.
The total payment entered by the management company into the receipt for payment of utility services is calculated on the basis of data from communal and apartment meters. As a result, the owner pays more than what he has “dripped” on the meter.
In the absence of water meters, accrual is carried out according to consumption standards based on the number of citizens living in the premises. A similar procedure for paying for water supply was established by RF Regulation No. 354 in 2011.
Many people have noticed the “recalculation” column in the payment document. It contains an amendment in the form of an increase or decrease in the total payment amount.
The resource provider can make more accruals based on the results of checking the meter readings. The reverse procedure is possible only after the owner of the apartment has written a corresponding application to the Criminal Code.
Recalculation - the difference between charges for a consumed resource and what was actually paid for it in cash. The final value of the Criminal Code is entered into the appropriate column of the payment for housing and communal services.
Grounds for recalculation
The laws of the Russian Federation regulate the process of charging for utility services. There are rules that give the right to recalculate not only for water supply, but also for other utilities.
Important! If there is an IPU in a residential premises, recalculation is possible if one of the following grounds is present:
- checking the readings of individual metering devices (IMU). If a discrepancy is detected between the data transmitted to the settlement center and those recorded by the employee during a door-to-door visit, a recalculation is made. If the readings were overestimated relative to the real ones, the adjustment will be in favor of the consumer. Otherwise - in favor of the resource supplying organization;
- violation of the rules for connecting to the water supply. This fact is established by a special commission. Based on the results of the audit, she draws up an act on the basis of which the Criminal Code makes recalculation. As a result, the owner is charged an additional amount for the resource consumed without accounting. In the case of water, the calculation is based on throughput water supply at the entrance to the apartment. In addition, they make an order to eliminate the incorrect connection. If it is not possible to set the date of the “tie-in”, additional accrual is made for the last quarter (clause 62 of PP No. 354);
- interference with the operation of water meters. Most often, the reasons are the failure of the seal and the missed deadline for the next IPU verification. Recalculation is carried out from the date of sealing, but not more than one quarter from the moment the fact of interference in the design of the water meter is established. This simple procedure allows you to identify cases of unauthorized access to the meter structure;
- poor quality of services. For example, resource supply with long interruptions, poor purification, or hot water supply with a temperature below normal. In addition to recalculation, in this case the consumer has the right to demand a fine from the management company in accordance with Part 4 of Article 157 of the Housing Code of Russia and the ninth section of Rules No. 354.
Consumers of the resource have the right to initiate the recalculation procedure along with the employees of the management company conducting checks of the IPU readings.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues.
For what period can water recalculation be made?
The owner of a residential premises should be aware of the beginning of the period for which recalculation can be achieved. If there is an IPU for water during the first 90 days, payment is calculated based on the average consumption rate. After this, they switch to resource consumption standards for a specific area.
The specified algorithm is used only if there are water meters in the premises. In their absence, from the very beginning, management specialists use legally established resource consumption standards in their calculations.
Recalculation is carried out after comparing receipts for payment of utilities and IPU readings.
In practice, updated rules began to be applied: the above scheme works for six months, after which employees of the management company or resource supply organization check the readings of water meters on site.
Recalculation with installed meters
The house has a water IPU installed, and the amount in the receipts is established based on the consumption standard for the number of residents living. Why is this happening?
Important! This scenario is possible in the following cases:
- the owner of the premises installed water meters, but did not report this to the Criminal Code. The device does not have the necessary seals, which means that readings from it cannot be taken as the basis for calculations for the resource consumed. To correct the situation, invite a representative of the management company to seal the meter. In the future, mutual settlements will take place according to his testimony. Recalculation for previous period not provided for by law;
- The IPU verification period has expired. To complete this, contact your management company or a licensed organization. Its employees will come to you, check the suitability of the device and give you a paper stating that the readings correspond to the flow rate.
After installing an individual meter for cold and hot water supply, invite specialists from the water utility. They will install seals and record the date in their order. The paper with information about the installed water meter remains with the owner.
The citizen is obliged to take it to the Criminal Code and attach it to the application for recalculation of fees for consumed housing and communal services for a certain period.
The refusal to recalculate by the management company for the specified period of time is illegal. If this happens, file a claim in court to establish the fact of overpayment for housing and communal services.
Reporting incorrect readings
Incorrect information about the IPU readings that the citizen submitted to the Criminal Code is one of the main reasons for the discrepancy in the accrued fee and the actually consumed resource. Having noticed the fact of overpayment, the owner has the right to contact the management organization with a request for recalculation.
Proceed as follows:
- call the authorized employees of the resource provider in order to draw up a report and record in it the exact readings of the IPU as of today’s date;
- fill out an application for recalculation and attach an act to it. Submit the papers to the settlement department of the Criminal Code in accordance with the established procedure;
- next month, payments from the management organization will arrive with recalculated amounts for the resource consumed.
Please note!
Recalculation for domestic hot water is carried out on the basis of RF Regulation No. 354 and clause 61 of the Rules. The main thing is that the IPU comply with accepted standards, have seals, and the fact of their installation is recorded in the Criminal Code. Only in this case their testimony is taken into account by resource supply organizations.
Hot water is not up to standard
Hot water is one of the most expensive utility resources. Its payment accounts for a significant share of all housing and communal services expenses, but the quality of the service is not always good. If red-colored water flows from the faucet, its temperature is slightly higher than room temperature, and sometimes there is simply no water for a long time, then the owner has the right to demand a recalculation. According to sanitary standards
, the hot water temperature cannot be lower than 65°C. The “Rules for the Provision of Utilities” contain requirements for temperature fluctuations during the day: no more than 3-5°C. For water with a temperature below 40°C, the consumer pays as if it were cold.
If it simply does not reach the standard, then the fee is reduced by 0.1% per hour for every 3°C below 65°C.
An owner who is not satisfied with the quality of the water supply service provided has the right to draw up and submit a claim to the management company. Paragraph 104 of the “Rules” states that upon receipt of an application, an inspection is carried out within two hours.
The period can be changed by agreement of the parties. A special commission draws up an act on site, one copy of which remains with the tenant.
The fact of supplying hot water at insufficient temperature, confirmed by the act, is the basis for recalculation. An application for it is submitted to the resource provider. It also indicates the period of poor quality service. It is determined in accordance with paragraph 112 of the RF PP No. 354.
The difference in payment for the service in favor of the client is not issued in cash, but remains in his personal account and will be counted against subsequent charges.
Watch the video. The procedure for recalculating utility bills:
Features of the procedure
Remember!
- The procedure for recalculating charges for the provided hot water service is carried out:
- based on the owner’s application;
on the basis of an inspection report, survey or protocol.
The first option is initiated by a consumer who is dissatisfied with the quality of the supplied resource. The main thing is that the Criminal Code accepts the application. To confirm the grounds for recalculation indicated in it, attach supporting documents to it.
How to make an application
The application must be submitted in writing.
- Attention! The document structure should look like this:
- the name of the management company, its address and the name of the director;
- personal data of the service consumer;
- name of the paper (claim);
- requirement to recalculate indicating the grounds for this;
- information about charging fees for using the service;
signature and date of the applicant.
ATTENTION! Look at the completed sample application for recalculation of hot water fees:
What documents will be needed
- Evidence of deviation of the quality of the provided CG from the standard is:
- certificate of verification of the IPU, certificate of verification of testimony;
- act of measuring the temperature of the hot water supply;
- an act indicating that the water is turned off;
expert opinion on the quality of tap water.
As confirmation, the consumer can provide extracts from the application book kept by the management organization.
Can they refuse?
Refusal to carry out recalculation is not excluded. As a rule, this happens in the absence of convincing evidence of the absence of residents in the apartment.
The second reason is the lack of an application within the established 30-day period and access to the residential premises of the management company’s employees to check the testimony of the IPU.
The management company does not want to recalculate: a complaint to the State Housing Property Inspectorate
In some cases, only a complaint to the housing inspectorate can resolve disputes between the owners of residential premises in the apartment building and the employees of the management company.
Important! The result of the work of the State Housing Inspectorate over the previous year was the identification of a large number of violations of the law. This is mainly the provision of low quality housing and communal services. In addition, many residential buildings are included in the list of emergency and dilapidated buildings.
It makes sense to contact the housing inspectorate if there is no response to repeated complaints to the management organization. If the problem cannot be resolved directly with the Criminal Code, or a gross violation of the Housing Code of the Russian Federation is revealed, also report them to the State Housing Inspectorate.
Before filing a complaint with the inspectorate, please read some of the nuances.
Ignorance of them may cause the application to be returned or refused:
- Make your complaint only in writing. In it, briefly describe the situation that has arisen with references to the norms of the Housing Code and their violations;
- back up your words with strong arguments. It is important that you complained to the management company many times, but there was no response to this. Evidence must be written;
- Attach to the complaint an appeal indicating receipt marks or an extract taken from the telecom operator about calls made to ADS numbers. By now, all management companies already record telephone calls from clients. In the application it is enough to indicate the date and time of calls to the Criminal Code;
- Make a complaint to the housing inspectorate in two copies. They will have one left. The second one will be returned to you, but before that it will be marked with the incoming number, date, surname and position of the employee who accepted the document.
If you were not given an acceptance note, then send your complaint by Russian Post by registered mail with acknowledgment of receipt.
ATTENTION! Look at the completed sample complaint to the State Housing Property Committee against the payment management company: