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

VI. The procedure for calculating and paying for public Utilities

ConsultantPlus: note.

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

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

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

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

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

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

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

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

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

(see text in previous edition)

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

(see text in previous edition)

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

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

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

(see text in previous edition)

(see text in previous edition)

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

(see text in previous edition)

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

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

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

(see text in previous edition)

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

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

(see text in previous edition)

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

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

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

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

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

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

(see text in previous edition)

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

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

(see text in previous edition)

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

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

(see text in previous edition)

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

(see text in previous edition)

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

At the same time, the volume of utility services provided for general house needs for the billing period, distributed in accordance with formulas 11 - Appendix No. 2 to these Rules between consumers, cannot exceed the volume of utility services calculated based on the consumption standards of the corresponding communal resource in order to maintain common property in apartment building, except in cases where the general meeting of owners of premises in an apartment building, held in the prescribed manner, decided to distribute the volume of utility services in the amount of the excess of the volume of utility services provided for general house needs, determined based on the readings of the collective (common house) meter , over the volume calculated based on the standards for the consumption of a communal resource for the purpose of maintaining common property in an apartment building, between all residential and non-residential premises in proportion to the size of the total area of ​​​​each residential and non-residential premises .

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

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

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

(see text in previous edition)

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

(see text in previous edition)

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

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

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

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

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

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

(see text in previous edition)

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

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

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

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

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

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

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

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

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

(see text in previous edition)

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

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

(see text in previous edition)

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

(see text in previous edition)

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

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

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

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

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

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

(see text in previous edition)

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

(see text in previous edition)

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

(see text in previous edition)

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

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

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

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

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

(see text in previous edition)

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

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

(see text in previous edition)

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

(see text in previous edition)

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

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

(see text in previous edition)

ConsultantPlus: note.

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

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

(see text in previous edition)

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

(see text in previous edition)

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

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

(see text in previous edition)

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

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

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

(see text in previous edition)

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

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

(see text in previous edition)

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

(see text in previous edition)

(see text in previous edition)

(see text in previous edition)

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

(see text in previous edition)

The recalculation of the amount of the fee must be made on the basis of the readings of the meter being checked taken by the contractor during the verification.

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

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

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

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

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

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

(see text in previous edition)

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

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

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

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

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

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

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

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

(see text in previous edition)

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

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

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

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

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

(see text in previous edition)

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

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

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

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

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

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

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

(see text in previous edition)

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

Open the full text of the document

In accordance with the Housing Code of the Russian Federation, every citizen is obliged to pay for the provision of communal resources, which are provided to him in full and in a timely manner. These services can be provided by both legal entities and individual entrepreneurs. Everyone needs to understand the meanings of defining utilities and what they include. It is important to understand what services are paid, what you need to pay for and to whom. The difference between the concepts of public utilities and housing services.

What are public services and what to treat them?

Under the list of utilities, you can take all types of creating comfortable conditions for people to live - the supply of water, electricity, gas and heating and the disposal of wastewater. The management company is engaged in providing an apartment building with all the amenities and comfort.

Important! Anyone can provide entity or individual entrepreneur which has everything required licenses for the provision of services. They are obliged to purchase resources in a timely manner, carry out all necessary preventive work, and in the event of a breakdown, they will be responsible for all intra-house communications. It is these services that are called if the service is not provided in full or out of time.

The tenants of each apartment building enter into a contract with the management company, according to which the service provider provides them, and the tenants undertake to make payments in a timely manner and maintain the property in proper condition. Community services include:

1. Cold water supply. The provision of this service means the ability of the client to use water around the clock. good quality. It can be supplied both from the central network and through the house. In cases where there is no central or other water supply, the management company must conduct a street water dispenser to the house. The main thing is to provide residents with the necessary amount of water to meet the minimum needs daily.
2. Hot water supply. It is provided under the same conditions as cold water - the management company is obliged to provide round-the-clock and uninterrupted access to its use in the proper quantity and quality.
3. Water disposal. Not a single house is designed without sewage disposal, the management company is obliged to provide each dwelling with such a service. It is assumed that the sewer will not be in every room of the apartment, but in two it must be - in the kitchen and in the sanitary unit.
4. Electricity. It is supplied from city electrical networks and must be supplied around the clock in the required volume. The use of electricity is paid depending on the amount spent, since a meter is installed in each apartment.
5. Gas supply. It can be supplied to apartments both from centralized city gas networks, and with the help of gas cylinders from UK. Paid by the meter depending on the consumption.
6. Heating. Can be supplied via centralized gas networks, electrical appliances or alternative heating sources. It consists in the supply of thermal energy directly to the apartment. As mandatory condition for the use of housing and communal services, it is indicated that it should be supplied in the amount necessary to maintain heat in the apartment, especially during the heating season.

Extra lines on receipt

If, along with the standard lines, vague lines entered, for which the MA is trying to force you to pay, but you must definitely figure out what is happening. Above are all the utilities that are no different in different houses. All other costs that the MA may incur should be raised and decided at the meeting, because the MA does not have the right to conclude paid contracts with third-party organizations without the consent and meeting of residents.

Important! Each expense item that the building management wishes to include in the mandatory payments must be approved by the general meeting, after which the concierges and parking security can be paid. Misty expenses include the imposition of cable Internet or television, radio, the provision of concierge services, locking devices and other utilities provided.

Annually, the managing organization can carry out repairs for an amount not exceeding that indicated on the administration website. Sometimes such companies deceive residents and say that this amount is not enough, additional work needs to be done and materials ordered. This behavior is illegal and should be stopped. It is impossible to allow "additional" payment for the work performed, even if the MA has paperwork confirming the costs in the hands. Any expense on the part of the company must be approved at a tenant meeting by a majority vote. If this did not take place, then the Criminal Code has no objective reasons for such arbitrariness.

But do not confuse the general house repair included in the general payment and the one that is performed in the apartment. If the owner or tenant calls a craftsman to repair a light or clean a drain in a toilet, then such actions must be paid separately, like a technician's call and minor repairs. This is not included in the execution of the masters on a monthly basis, it is done only by order.

Issues on the calculation and payment of utilities are the most urgent in the Russian Federation. Owners tirelessly complain about prices and excessive charges, and public utilities - about persistent defaulters with large debts.

Article 155 of the LCD governs almost all issues and rules relating to the payment and calculation of utility bills.

First, let's define the timing. If the house is managed under a management agreement, or at a meeting of owners a decision was made on a common house payment day, the terms remain fixed and standard.

You can pay for the housing office services for a month in the first ten days of the next month. If the general house meeting or cooperative adopted another day, it is paid on the accepted day.

But payment, according to the law, is a second matter. Until the end of the month for which payment is planned, it is necessary to provide payment documents, if another day has not been accepted by the local authorized bodies of house management.

Tenants who rent housing from individuals pay rent and utilities directly to the landlord, according to the LCD. If we are talking about housing in the municipal or state housing stock, as well as the one that is controlled by the management company, the payment rules are somewhat different.

In the case of a private person, the tenant and the landlord agree in advance on the list of services that will be paid in addition to the cost of rent. In the second case, according to the Code, the tenant undertakes to pay for the repair and maintenance of the house, as well as utilities.

Payment is credited to the account of the management company. If the tenant contributes less than required, and a debt is formed, the procedure for its repayment is also established by the management company.

Organizations and cooperatives

The rules for paying utility bills are somewhat different for those whose houses are subordinate to cooperatives or homeowners associations. Members of such a partnership are required to pay the costs of repair and maintenance of common property, as the law says. And this is in addition to utilities, the payment of which, in such cases, also implies the housing code.

Those who are not members of various cooperatives, partnerships and other organizations must conclude an agreement on accrual and payment with these organizations. At the same time, a certain amount is also paid for the repair and maintenance of the house.

Payments for resources, in such cases, are carried out by partnerships and organizations with which the contract was concluded. In the case of the management company, the LCD also provides it with the opportunity to make payments.

These calculations are made under contracts:

• supply of hot and cold water;
• water drainage;
• supply of electricity;
• gas;
• heat supply.

Under gas supply agreements, the LCD means not only natural gas to the house, but also the supply of gas in cylinders, if necessary.

Heating does not mean only a centralized system. In the presence of furnaces, supply contracts are concluded solid fuel and this is also the responsibility of companies, organizations and partnerships, as Article 155 of the RF LC states.

In fact, the law (LC RF) says that if there are such partnerships, organizations, or when managing housing with the help of a management company, payment must be made through them.

But the cases are different - some do not trust their HOAs, others want to make sure that payment is made strictly to the penny. In any case, you can pay directly to those organizations that provide resources.

Regardless of whether you have concluded an agreement with an HOA or a management company, you have the right to pay directly to the company supplying you with resources, and the Housing Code defines this as the fulfillment of obligations to these organizations.

If you paid for services directly to the company, the Criminal Code or the HOA do not have the right to accuse you of debt and delay in payments if you have receipts confirming these calculations.

But, in order to grant such a right, it is necessary to gather homeowners and resolve this issue together. If one owner pays directly, while others pay through the UK or HOA, then the former will probably be forced to follow the example of the majority and comply with the general rules.

If such an idea is supported by all the owners of the premises, a meeting should be organized, the decision of the meeting should be formalized in writing and the signatures of the participants in the meeting should be collected. By the way, signatures should be more than half of all owners in the house, even if others did not come to the meeting.

Other payment terms

If the house is managed by an organization, the rules for the provision of services and their payment are quite clear.

Often, management companies already have long-term contracts with representatives of resource supply companies. In other cases, tenants can choose them themselves - the law does not prohibit this.

New buildings are different. If the developer has not entered into agreements with management companies, payment for the provision of utilities is made to the developer himself.

This practice is quite exceptional, but it also takes place. According to the Housing Code of the Russian Federation, the developer either enters into an agreement with the management company, or manages the house on his own. Therefore, depending on the type of management, payment is charged to such a responsible person.

Self-management

If the owners manage the house directly, payment for utilities is made under contracts concluded directly with resource supply companies, as the law of the Russian Federation says.

The same applies to the payment of various repair work carried out for the purpose of maintaining and repairing the house.

It is worth remembering that, in this case, a general meeting of owners is also required, where it will be decided and approved in writing which particular supply company services the homeowners want to use in the house, and also on what day payment will be made (or will be made in the first ten days of the month, according to the LC RF).

Debts and payment methods

An interesting situation is observed if the tenant, owner or tenant does not use the premises. It is best if there are counters in such a room.

Then the owner or tenant must pay only a fee for repair work, and the accrual of utility bills occurs according to the readings of the meters.

If there are no metering devices in the apartment, it will be necessary to warn the companies supplying resources about their absence.

Then, according to the general norms of consumption, a recalculation will be made, which, however, does not deprive the owner of the obligation to pay for services.

If the tenant provides rented housing to temporary residents, and this is not prohibited by the rental agreement, the fee will be paid under a separate agreement drawn up for the period of residence of these temporary residents. But it is still paid on behalf of the employer.

The landlord or MC must notify the apartment owners in writing of any changes in the tariffs for resources one month before the new tariffs come into force. The same applies to repair work planned to improve the state of communications or technical premises, especially if the work is carried out on condition that the house is disconnected from a particular resource for a certain period.

If utility bills are not paid on time or are not paid in full, a debt is formed. In this case, the debtor must pay one three hundredth of the refinancing rate of the Central Bank of the Russian Federation of the amount of debt for each overdue day.

It is understood that the debtor, having learned about the debt and starting to repay it, pays this percentage for each day until he pays the debt in full.

If the overhaul was not paid in full or not on time, the owner pays a similar percentage to the repair fund. All companies and persons listed in this article of the LC RF and accepting payments for utilities can use the services of payment organizations that accept payments from individuals.

That is, interaction with a resource supply company, a renter, an HOA and other organizations that, in a particular case, are charged, can occur through bank cash desks and other organizations that work with this type of payment.

But only if these organizations operate in accordance with the laws of the Russian Federation on banking.

Consequences of non-payment

The accrual of penalties is only the first measure of influence of companies. It can be challenged in court if there are grounds. Achieving the abolition of the accrual of interest is a lengthy process, but it gives the debtor the opportunity to pay his debt over this period.

The second measure is the limitation of supply. It is applied in the event that within a month after the notification the amount repaying the debt and penalty has not been paid. To calculate the underpayment of utility bills, it is enough to multiply the current minimum wage by two.

The debt is already calculated according to average rates, and not counters. The measure implies limiting the provision of public services to a daily limit, or limiting the supply of the resource for which there is a debt.

If such a measure has not produced the desired effect, a shutdown is carried out, which, according to the Housing Code, is temporary. In an apartment building, such a shutdown is quite simple. If we are talking about a private house, pipes are blocked or wires are cut, and then, when reconnected, they are repaired at the expense of the former debtor.

If the owner of the housing is the municipal authority, and the tenants live under a social contract, according to the Housing Code, eviction is possible. It is impossible to evict the owner from privatized housing for debts.

The law allows such sanctions after six months of non-payment, and also if restrictions on the provision of public services have not brought results.

Eviction occurs only by a court decision, which takes into account the reasons for the debt. For example, the illness of the owner, his relatives, as well as temporary disability are considered good reasons.

But in the case when the rules are on the side of the plaintiffs, the evicted should be provided with a different living space, taking into account the area of ​​6 square meters per tenant.

When the provision of resources is disconnected or restricted, and also when the debtor has repaid the debt, the law sets a time limit of two days for the restoration of supply.

Legal provision of services

The rules for providing resources, according to the RF LC, were updated in 2011. The start of supply, as established by law, occurs from the moment of purchase of housing, the conclusion of a lease agreement or the conclusion of a lease agreement, as well as from the day housing is provided by a housing construction cooperative.

The list of services and resources to provide, as the law says, can only be determined by the degree of home improvement. At the same time, the volumes of provision must satisfy the requirements of the tenant and the technical capabilities of the building.

The rules name the list of resources and services that can be provided:

• cold water;
• hot water;
• power supply;
• drainage;
• gas supply;
• heating.

It is possible to provide services only on the basis of a contract, but the consumer cannot be deprived of the provision of services just because he does not have a written contract concluded.

Conclusion

The Housing Code regulates and specifies the rights and obligations of not only homeowners, but also tenants for different types contracts, and also indicates the rules and grounds for the provision of certain services.

Payments, according to the LCD, can be made to the account of the management company, HOA, landlord, but there is the possibility of charging payments directly to the account of the resource supply company.

The last type of payment is made when an agreement is concluded for the provision of each of the resources after the general meeting of homeowners. Without a meeting, the Housing Code cannot define such contracts as legal, and the law itself, which regulates the provision and payment, does not apply to them.

1. Payment for residential premises and utilities under social tenancy agreements, tenancy agreements, rental agreements for residential premises in a non-subsidized house of the housing stock of the city of Moscow, hiring of specialized residential premises of the housing stock of the city of Moscow includes:

1) payment for the use of residential premises (rental payment);

2) payment for the maintenance and repair of residential premises, which includes payment for services and work on the management of an apartment building, maintenance and current repairs of common property in an apartment building;

3) utility bills.

2. Citizens residing in residential premises under social tenancy agreements, tenancy agreements, a tenancy agreement for residential premises in a non-subsidized building of the housing stock of the city of Moscow, renting a specialized residential premises of the housing stock of the city of Moscow, belonging to the category unsuitable for habitation, do not pay for services for the current repair of the general property in an apartment building.

3. Payment for the use of residential premises (rental fee), maintenance and repair of residential premises and utilities from citizens living in residential premises under contracts of social hiring, hiring, a contract for hiring residential premises in a non-subsidized building of the housing stock of the city of Moscow, hiring specialized residential premises of the housing stock of the city of Moscow, is charged from the moment of conclusion of the relevant agreement, unless otherwise provided by federal legislation, laws and other legal acts city ​​of Moscow.

4. In case of failure to reach an agreement between citizens living in residential premises under social tenancy agreements, hiring, on the procedure for paying for residential premises and utilities, the share of payments by each citizen for residential premises and heating is determined in court.

5. The amount of payment for the use of residential premises from the housing stock of the city of Moscow (rental fees) is established depending on the quality, amenities of the residential premises, the location of the house, the property and housing provision of users (tenants) and the conditions for providing residential premises in accordance with city housing programs.

6. The amount and procedure for making payments by citizens living in specialized residential premises of the housing stock of the city of Moscow for the use of residential premises, premises for cultural, domestic and other purposes, furniture, bedding and other equipment are established by legal acts of the city of Moscow and a contract for hiring specialized residential premises .

7. Citizens recognized in the established manner as poor and occupying residential premises under a social tenancy agreement are exempted from paying a fee for the use of residential premises (rental fees).

Article 74

1. Citizens living in residential premises under a contract for the gratuitous use of residential premises of the housing stock of the city of Moscow are obliged to pay:

1) services for the maintenance and repair of residential premises, which includes payment for services and work on the management of an apartment building, maintenance and current repairs of common property in an apartment building;

2) utilities.

2. Citizens living in residential premises under a contract for the gratuitous use of residential premises of the housing stock of the city of Moscow, classified as unsuitable for habitation, do not pay for services for the current repair of common property in an apartment building.

3. Payment for the maintenance and repair of residential premises and utilities is charged from citizens living in residential premises under an agreement for the gratuitous use of residential premises of the housing stock of the city of Moscow, from the moment of conclusion this agreement, unless otherwise provided by federal legislation, laws and other legal acts of the city of Moscow.

4. In case of failure to reach an agreement between citizens living in residential premises under an agreement for the gratuitous use of residential premises of the housing stock of the city of Moscow, on the procedure for paying for residential premises and utilities, the share of payments by each citizen for residential premises and heating is determined in court.

Article 75

1. Payment for residential premises and utilities for owners of residential premises in an apartment building includes:

1) payment for the maintenance and repair of residential premises, which includes payment for services and work on the management of an apartment building, maintenance, current and major repairs of common property in an apartment building;

2) utility bills.

2. The owner of a dwelling in an apartment building is obliged to bear the costs of maintaining and repairing the living quarters belonging to him, to participate in the costs of maintaining and current repairs of common property in an apartment building in proportion to his share in the common ownership of this property, unless otherwise provided by federal legislation and the legislation of the city of Moscow.

3. The owner of a dwelling is obliged to bear the costs of major repairs of common property in an apartment building in proportion to his share in the right of common ownership of this property in the manner and on the terms established at the general meeting of owners of premises in an apartment building, unless otherwise provided by federal legislation, laws and other legal acts of the city of Moscow.

4. The payment for the management, maintenance and current repair of common property in an apartment building and heating services is charged from the owner of the dwelling from the moment the right of ownership to this dwelling arises, unless otherwise established by the management agreement of the apartment building or other agreement.

5. In an apartment building where an association of owners (a partnership of homeowners, a housing, housing and construction cooperative) has been established, the decision on the amount of payment for the maintenance and repair of a dwelling is made by the management bodies of this association, unless otherwise specified in its charter.

6. In an apartment building where an association of owners has not been established, the amount of payment for the maintenance and repair of residential premises is determined at a general meeting of owners of premises in an apartment building, which is held in the manner established by federal legislation, taking into account proposals from the managing organization and is established for a period of at least one year.

7. If the owners of the premises in an apartment building have not made a decision on the choice of how to manage the building, or if decision on the choice of a way to manage this house was not implemented, the amount of payment for the maintenance and repair of residential premises is established by the Government of Moscow.

8. If the owners of premises in an apartment building have chosen a method of managing such a building, but there is no decision of the general meeting of owners of premises to establish the amount of payment for the maintenance and repair of the residential premises, the amount of payment is established by the Moscow Government.

9. The payment for the maintenance and repair of residential premises is established in an amount that ensures the proper maintenance and repair of common property in an apartment building, unless otherwise provided by federal legislation, laws and other legal acts of the city of Moscow.

10. By decision of the general meeting of owners of premises in an apartment building, a fee for insurance of common property objects of owners of premises in an apartment building may be established.

Article 76

1. Payment for utilities (electricity, gas supply, including the supply of network natural or liquefied gas, bottled gas, hot and cold water supply, water disposal (sewerage) and heat supply (heating), including the delivery and purchase of solid fuel in the presence of stove heating) is carried out by citizens living in residential premises belonging to the housing stock of any form of ownership, according to common rules, conditions, tariffs in force on the territory of the city of Moscow.

2. The amount of payment for utility services is determined on the basis of the volume of consumed communal resources (meter readings) and tariffs for the relevant types of services, and in the absence of metering devices - based on the consumption standards for utility services and tariffs for the relevant types of services, unless otherwise provided by legal acts of the Russian Federation and legal acts of the city of Moscow.

Article 77

1. Payment for housing and utilities is paid monthly until the tenth day of the month following the expired month, unless a different period is established by the apartment building management agreement.

2. Payment for the use of residential premises (rent), payment for the maintenance and repair of residential premises in an apartment building, as well as payment for heating are charged regardless of the fact of using the residential premises.

3. The amount of payment for the use of residential premises, maintenance and repair of residential premises in an apartment building is established differentially depending on the improvement of the house, its location, and the volume of services provided.

4. Payment for the use of residential premises (rental fee) owned by the city of Moscow shall be directed to the budget of the city of Moscow.

5. Changes in the payment for the maintenance and repair of residential premises provided under contracts of social rent, rent, gratuitous use, payment for the use of residential premises (rent) and tariffs for utility services can be carried out no more than once a year simultaneously with the adoption of the law of the city Moscow on the budget of the city of Moscow for the next period, except as otherwise provided by federal law.

Article 78

1. When paying for housing and communal services in violation of the deadlines provided for by federal legislation, as well as when paying it not in full, penalties are charged in the established amount in accordance with federal legislation.

2. If a citizen fails to fulfill his obligations to pay for residential premises and utilities for more than six months, he is subject to eviction in court from the occupied residential premises with the provision of another residential premises that meets sanitary and technical rules and regulations, other requirements of federal legislation and city legislation Moscow, according to the norms of the area in the hostel.

3. If the owner of the dwelling does not fulfill his obligations to pay for the maintenance and repair of the dwelling and utility services, the debt is subject to collection in accordance with the procedure established by federal legislation and in accordance with the contract for managing an apartment building or in court.

Article 79

1. Subsidies for payment for residential premises and communal services are provided to citizens in the manner and on the terms established by the legal acts of the Russian Federation, laws and other legal acts of the city of Moscow.

2. Subsidies for payment for housing and communal services are calculated on the basis of the size of the normative area standard for residential premises used to calculate subsidies for payment for housing and communal services, the standard for the cost of housing and communal services and the standard for the maximum allowable share of citizens' expenses for paying for housing and utilities in the total family income.

Article 80

1. Separate categories Citizens may be provided with compensation for the costs of paying for residential premises and communal services at the expense of the budget of the city of Moscow in the manner and on the terms established by the legal acts of the city of Moscow.

2. Compensation for the cost of housing and utilities are included in the total family income when calculating subsidies for the payment of housing and utilities.

• Chapter 1. (Articles 1-4)
  • Article 1
  • Article 2
  • Article 3
  • Article 4
• Chapter 2. (Articles 5-7)
  • Article 5
  • Article 6
  • Article 7
• Chapter 3. (Articles 8-24)
  • Article 8
  • Article 9
  • Article 10
  • Article 11
  • Article 12
  • Article 13
  • Article 14
  • Article 15
  • Article 16
  • Article 17
  • Article 18
  • Article 19
  • Article 20
  • Article 21
  • Article 22
  • Article 23
  • Article 24
• Chapter 4. (Articles 25-27)
  • Article 25
  • Article 25.1.
  • Article 26
  • Article 27
• Chapter 5. (Articles 28-45)
  • Article 28
  • Article 29
  • Article 30
  • Article 31
  • Article 32
  • Article 33
  • Article 34
  • Article 35
  • Article 36
  • Article 37
  • Article 38
  • Article 39
  • Article 40
  • Article 41
  • Article 42
  • Article 43
  • Article 44
  • Article 45
• Chapter 6. (Articles 46-71)
  • Article 46
  • Article 47
  • Article 48
  • Article 49
  • Article 50
  • Article 51
  • Article 52
  • Article 53

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

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

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

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

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

According to current laws when supplying electricity end user permitted break cannot last more than two hours per month in the presence of two independent energy sources and no more than a day - in the presence of one source.

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

Hot and cold water

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

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

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

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

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

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

Each region is different, depending on the situation.

Heating

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

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

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

Garbage removal

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

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

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

Sewerage

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

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

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

Payment for ODPU

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

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

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

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

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

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

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

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

Is it possible to refuse certain types of services?

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

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

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

You can opt out of services such as:

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

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

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

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

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

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

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

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

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