P 62 rules 354. Government resolution on the provision of public services to owners and users of premises in apartment buildings and residential buildings - Rossiyskaya Gazeta

Rules for the provision of utility services are strictly regulated by state legislation Russian Federation. The list of guidelines governing the process includes both federal legislation and local legal acts and official regulations. Owner legal information a citizen can defend his legal rights as a consumer in every instance. One of the basic rules will be the tenant’s compliance with his direct obligations in the field of housing and communal services (housing and communal services). In other words, there should be no complaints against him.

Payment for utilities makes up a significant part of the average citizen’s funds, and this does not depend on whether he is the owner of the property or uses it as a tenant. The rules for providing utility services to owners and users of premises are the same. However, it is possible and necessary to reduce the amount in the utility bill if required. All rules for the provision of public services to citizens will be discussed below.

The list of public utilities is determined directly by state legislation, or more precisely, by the Government of the Russian Federation, the definition of which is valid throughout the entire territory of Russia. Among other things, this list of services must be provided by the contractor in its entirety. calendar year. The only exception is heating. Heating utilities are provided seasonally.

However, the legislation also defines time periods for conducting repair work, and also takes into account unforeseen emergency situations. In these cases, time limits are provided for repairs and elimination of the accident.

When public utilities provide poor quality services throughout the year, that is, the number of outages exceeds the value provided for by law, then residents have the legal right to file a formal claim or complaint against unscrupulous “utility providers.” This is stated in the law on the protection of the rights of consumers of housing and communal services.

The range of provision of utility services directly depends on the comfort and provision of certain utility networks of a particular residential building.

In the event that the house does not have some utilities, then no fee will be charged for them. Consequently, the cost of its maintenance will be lower due to the absence of a corresponding deduction point.

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

This resolution is publicly available, and therefore, every interested citizen can study it and monitor compliance with the rules for the provision of utility services and the actions of cash settlement centers in the field of charging for services.

The latest edition of the Russian government resolution has clarified the description of non-residential premises. To specify the status of the premises and payment for the corresponding category, you need to contact new version legislation. All controversial situations between homeowners and housing companies regarding maintenance and payment for non-residential premises can be resolved in court.

In accordance with Art. Articles 80 and 81 of the Government Decree now the utility company is obliged to check the installed metering devices. That is, after the consumer’s application, the utility service must take meter readings within ten days and check its serviceability. Previously, legislation provided for checking meters once every 6 months. Now this period of time has been reduced to a quarter, that is, once every 3 months.

When utility service employees, for any reason, do not have access to private metering devices, then payment will be calculated based on the number of registered residents in this particular premises.

According to Chapter 9 of the mentioned federal law, due to incorrect calculation of utility bills, which resulted in overpayment for services provided, a fine of up to 50% of the amount of the incorrect calculation is provided.

The rules by which payments for utility services must be made are described in Chapter 6 of the Federal Law. Each homeowner must pay in full for the services provided to him. public utilities. However, in addition to the obligation, every citizen is also entitled to check the validity of the charges. The quality of the services provided and their compliance with standards are also taken into account. If the management company inflates tariffs and performs its obligations poorly, residents have the right to change it to another by terminating and re-issuing the contract.

• service directly to the house itself;
• major renovation of the building;
• keeping the yard clean;
• elevator maintenance;
• keeping common rooms, stairs and elevators clean;
• export garbage waste and the content of general communications.

All figures included in the “fat” are calculated by the service office specialists on a monthly basis. There are many points included in the rent, for which they must be justified and correspond to the tariff units valid for the current date.

• private;
• common house

If the tenant has some benefits for paying for utilities, then the category of benefits and the reasons for the tariff reduction must be indicated.

Clause 54 of the new Rules stipulates the calculation of fees for heating and hot water supply services, if the contractor wishes to make the calculation independently.

When drawing up an agreement for the provision of utility services, all conditions, obligations and responsibilities of the parties should be taken into account. If any condition is omitted conflict situation will be permitted on the basis legislative norms and rules. The main document for drawing up an agreement for the supply of services is paragraph 124 of the Rules.

• declare in writing your desire to enter into contractual obligations for the provision of services and attach all the required documents;
• obtain a preliminary draft contract from the service provider and correct disagreements on points, if any;
• draw up an additional agreement on the absence of claims and the elimination of disagreements;
• endorse a contract for the provision of services.

As for the contract itself, it contains mandatory The tariffs for the services provided must be indicated. In addition, liability is provided for both the party providing the service for poor quality of its provision, and the consumer for violating the terms of this agreement.

There are situations when the contract is drawn up retroactively. The legislation provides that the party providing the service can transfer the draft contract to the consumer within 20 days from the date of commencement of the provision of these same services.

The consumer has 30 days to adjust the terms or agree to them. At the end of the period of time allotted by law, the contract will be considered automatically concluded.

To execute the described contract, the service provider must submit the following package of mandatory documents:

If there are inaccuracies in the documentation provided or an incomplete package of papers is provided, the service provider must notify this fact consumer no later than 5 working days

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

The housing company has the right to choose a direct service provider independently, as well as to enter into a contractual relationship with him. In the event of planning repairs, accidents or other disruptions in the supply of services, the company must notify residents by means of an announcement in specially designated areas. Legislation supports owners and tenants in the fight against unscrupulous service providers in such a way as consumer protection.

In case of provision of services of unsatisfactory quality, the user has the right to record his complaints in the book of complaints and suggestions. The latter, in turn, must be available to every service provider.

Upon receipt of a complaint, not only must appropriate measures be taken by the company's managers, but also a written response about this must be issued within a period of three working days. This is stated in Art. 31 of current legislation.

Basic rights and obligations of the consumer, articles 33, 34:

According to Article 35, the tenant does not have the legal right to perform actions prohibited to him; the state provides for heavy fines for this.

According to Article 309 Civil Code Russia should fulfill all obligations properly in accordance with contractual terms and current legislation. The parties do not have the right to individually change the terms of the contract, as well as not to fulfill their obligations.

For a one-time failure to pay the amount, according to Resolution 354, amended from January 1, 2017 as amended, the legislation does not provide for any liability.

Previously, failure to pay on time could result in fines and penalties. Today, this punishment is provided if a citizen is late with payment by more than 30 days.

The reason for making the appropriate changes was the crisis situation in the country, which resulted in a delay in payments wages citizens.

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

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

• 1/300 for a period of non-payment of 31-90 days;
• 1/130 for non-payment for 91 days or more.

However, the government does not stop at the amount of penalties for willful defaulters, since bona fide residents suffer through their fault. In the future, the amount of the penalty is planned to increase.

The housing user should know the following about the procedure for providing utility services.

The main responsibility for non-payment of utility bills lies directly with the apartment owner himself, as opposed to the users of municipal housing.

Utility rules are for the homeowner to pay bills on time.

1. Warn in writing and offer to pay the debt without imposing penalties.
2. Visit the defaulter and verbally explain the impending consequences and penalties.
3. Suspend the provision of services.
4. Begin trial for collection of arrears of payments.

The last method is the most inconvenient and costly for both parties, therefore, whenever possible, utility services try to resolve the issue peacefully.

As for the debt itself, during the process due to the accrual of penalties on it, this amount can increase significantly.

If the court decides in favor of the utilities, they will be required to repay the debt in full.

Recalculation for utilities occurs on the basis of adopted legislation. If the owner has metering devices, recalculation occurs automatically when information about new data is received. In the absence of appliances during the temporary absence of the owner and all residents of the apartment, recalculation is made according to the developed scheme.

What is recalculation

Recalculation is a new calculation of the consumer's payment for utilities. If any errors or irregularities occur and they are identified, the management company or housing and communal services will compensate for the overpayment. But most often recalculation is done, because owners in many cases pay not according to the actual consumption of any resource, but according to the standard.

What does it mean? If the owner installs metering devices in a house or apartment, this means that now he will pay not according to the standard, but according to the water actually consumed (electricity, gas). But sometimes failures occur, as in the following cases. For example, heating fees are always paid according to the standard.

The standard is defined as 1/12 of last year's consumption per year. And every month we pay a fixed fee (since last year). At the end of the heating season in those apartment buildings, where public meters are installed, housing and communal services recalculate and the overpayment is returned to the consumer. There are also adjustments in the opposite direction.

But the most common types of overpayments are private. The model of the situation is most often this: the apartment owner does not send meter readings. It happens like objective reasons, and subjective.

For example, forgetfulness or family vacation may be the reason why the apartment owner temporarily does not transmit the data from his meter. In this case, the next month after the property owner resumes data transfer, he will be recalculated.

Legal acts

The recalculation has a full basis legal grounds. In 2011, the government of the Russian Federation adopted the well-known Resolution number 354. All sections of this legal act are devoted to the rules for the provision of public services to the population.

In 2017, further changes were adopted and, one can say, how recalculations are currently being made. The situation with the change in fees is reflected in paragraph VIII. The name also reflects some features: recalculation in the absence of consumers.

Here we consider only the aspect that concerns residential premises without meters. Everything is clear with the meters; recalculation will be done automatically when the next data from the metering devices is downloaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

Every citizen, owner or tenant of residential premises, is a consumer according to this document. He and his family consume government resources that provide various organizations or company. In order to have a basis for the relationship, an agreement is concluded between the organization and the consumer of services.

The guarantor of the relationship between the contractor and the consumer is the state and laws. In accordance with Resolution No. 354, all citizens have the right to recalculation of utility bills. Therefore, the new edition describes in detail the procedure for recalculation in different situations.

What is included in Decree No. 354

What's included:

• updated coefficients that determine drainage standards;
• the procedure for installing measuring instruments has been worked out in detail;
• with the help of the Resolution, the motive for installing a meter is strengthened;
• a simplified heating payment scheme has been introduced;
• since 2016, it has become optional to provide information from meters;
• in the event of a temporary absence of electricity or other services, payment for it will not be charged;
• the order of fulfillment of the listed conditions.

A special place is given to the responsibility of the performer to consumers and laws in the following cases:

• poor quality of services;
• damage to life and health due to poor quality services;
• failure of the consumer to receive reliable information on the quality of services;
• the terms of the agreement are violated.

If these conditions are violated, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether an agreement was concluded between the contractor and the consumer, the contractor will still compensate for damages in case of provision of poor-quality services.

Here are some points discussed in the Resolution:

1. Payment for general house needs is not subject to recalculation. This refers to the case when the owner was absent and the living space was temporarily empty.
2. In a two-tariff regime, changes in payment are possible only in relation to the variable component. With regard to the constant component, the following condition has been introduced: if its recalculation is established by law, then after the temporary absence of a citizen it is carried out within 5 working days. All days of absence are counted except the days of departure and arrival.
3. Recalculation is made only if an application is submitted and documents are provided that confirm the duration of absence. The request must be submitted before departure or no more than a month after arrival.

The following are accepted as documents confirming absence:

• a copy of the travel document with travel documents attached;
• document on treatment in a hospital or sanatorium;
• travel tickets issued in the name of the consumer, as well as the fact of their use;
• hotel bills, rented apartment, hostel;
• document issued by the FMS on temporary registration;
• other documents that can confirm the fact of the consumer’s absence.

The main advantage of this document is its transparency and simplicity of presentation of all requirements. After its revisions, it became much easier for the performer and the consumer to regulate their relationships.

Video about fee recalculation

Main distinctive features The resolution and its amendments are aimed at the widespread installation of devices. Therefore, owners of apartments with meters have a clear advantage in cases of, for example, temporary absence.

Now all the efforts of management companies are focused on compliance Disclosure Standard according to Government Decree No. 731. And it is right. However, we should not forget that there are other legislative acts that regulate the activities of management companies. These include Government Decree No. 354 of May 6, 2011, which sets out the rules for the provision of utility services to owners of premises in apartment buildings and the procedure for providing information on them.

In addition to the rules for the provision of utility services to owners of premises in apartment buildings, 354 the Resolution also contains information on the need to disclose information to residents of the building regarding the utility services provided. In particular, paragraph “p” clause 31 of PP No. 354 states that the contractor is obliged to provide the consumer with CG through a concluded agreement, announcements on information boards at the entrances of apartment buildings or on local area, on information stands in the performer’s office the following information:

• information about the executor of the management company (name, legal address, state registration data, full name of the manager, work schedule, addresses of Internet sites on which the management company should post information about itself);
• address and telephone number of the control room, emergency service;
• tariff rates for utility resources, surcharges for them and details of regulatory legislative acts;
• on the right of consumers - to apply for the installation of metering devices to an organization that, in accordance with the Federal Law “On Energy Saving and Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation,” must satisfy this need and provide an installment plan for payment for services;
• procedure and form of payment utilities;
• CP quality indicators, deadlines for eliminating accidents and violations of the procedure for their provision;
• data on the maximum permissible power of electrical appliances, equipment and household machines that the consumer can use;
• names, addresses and telephone numbers of local executive authorities exercising control over compliance with these rules;
• if it is decided to establish a social norm for electricity consumption in a constituent entity of the Russian Federation, then information about its value, conditions of use/non-use for groups of households and types of residential premises, for consumers receiving old-age and/or disability pensions, for residents of emergency housing stock or with a degree of wear and tear from 70%;
• information about the consumer’s obligation to inform the contractor about changes in the number of registered people in the residential premises;
• information on electricity tariffs for the population within and above social norm its consumption.

Checks

If information on any issue or appeal from citizens is not disclosed or provided, then consumers of utility services can file a complaint against the management company not only with the State Housing Property Authority, but also with the prosecutor’s office. The activities of the prosecutor's office are regulated by Federal Law No. 2202-1 of January 17, 1992, as amended in the current version of July 13, 2015, “On the Prosecutor's Office of the Russian Federation.”

Based on this law, the prosecutor's office has the right to conduct an inspection of the management company after receiving a complaint or other requests from the public about a violation, as well as file lawsuits and initiate administrative cases. Also, the prosecutor’s office can conduct unscheduled inspections of the management company for compliance with the law and licensing requirements in the housing and communal services sector.

If the prosecutor's office receives a complaint or appeal from citizens, your management company will receive a request for specific information. If the violations are minor, then they can be eliminated pre-trial and the applicant can be asked to withdraw the complaint.

Regarding the disclosure of information, the prosecutor's office checks the boards in the entrances of apartment buildings or in the local area, as well as information stands in the office of the Criminal Code. When first going to court, the plaintiff, represented by the prosecutor’s office, demands that the identified violations be eliminated within a specified period. If the Criminal Code ignores the demands of the prosecutor’s office and the court, then when the claim is filed again, we are talking about collecting fines from the management company for non-compliance with the Information Disclosure Standard.

Arbitrage practice

We have selected several bright examples from fresh judicial practice to clearly show you how and for what you can be fined management company according to Government Decree No. 354.

In the first half of 2015, the Rostov-on-Don Court ordered Tektonik Management Company, at the request of the prosecutor’s office, to place all the necessary information in accordance with paragraph “p” of paragraph 31 of PP No. 354 on notice boards in the entrances of houses and on an information stand in its office. The order was fulfilled on time, and the management company avoided a fine.

The Primorsky Territory prosecutor's office filed a claim for violation of licensing requirements for managing apartment buildings at the Granat Management Company. The company was accused of violating paragraph “p” of paragraph 31 of PP No. 354, since the information required by this regulatory legal act was not posted in the necessary sources.

IN statement of claim The prosecutor demanded that, within a month from the date of entry into force of the court decision, information about the provider of utility services, Management Company Granat, should be placed in a number of apartment buildings that are managed by the company.

In June 2015, Granat Management Company approached us with a request to help solve a problem related to information disclosure. We granted the management company’s request, thanks to which Granat Management Company managed to avoid a claim for the initiation of an administrative case and fines that could have resulted from consideration of such a case. The demands of the prosecutor's office were satisfied on time.

Solution

What needs to be done to avoid falling under an order or administrative penalty from the prosecutor’s office and the State Housing Property Inspectorate? First of all, comply licensing requirements requirements for management companies and comply with the Information Disclosure Standard (Government Resolution No. 731).

To fully comply with the Information Disclosure Standard, you must post information about your management company and managed homes in all sources required by law:

• Online Housing and communal services reform
• on the website of the management company
• at the information stand in the company office

Please note that paragraphs. “p” clause 31 of Government Decree No. 354 establishes another source for disclosing information - this is a notice board in the entrance of an apartment building. Therefore, you will need to duplicate information about the provided utility services in this source of information.

Of course, you can’t keep track of everything, and we understand perfectly well that in addition to your main job, you also have to deal with paperwork, as well as explore the Internet. Often, the staff of a management company is limited to a small number of employees (no more than 3-5 people). Everyone is busy with their own business and cannot take on additional work.

But with the introduction of licensing of management companies, we have to find a way out of the situation. You can act, for example, like Management Company “Granat”, which turned to us for help. As a result, they received a ready-made website for the management company that fully complies with the requirements of the Information Disclosure Standard.

As a result, the necessary information entered into the Housing and Communal Services Reform portal was automatically integrated into the management company’s website, from where the management company was able to print completed copies and use them to display an information stand and notice board at the entrance of the apartment building.

We help management companies avoid thousands of fines and disqualification. We already have in this case great experience. Contact us for help! We are always ready to help you!

A citizen of the Russian Federation (each individual) is a consumer of state resources: water (for hot and cold), electricity, etc. The basis for access is an agreement concluded with an enterprise, in this case a utility company (it is also the contractor). The possibility of recalculation for the absence of such is guaranteed, a temporary restriction of access can be approved, etc. - the Housing Code regulates the process more specifically.

According to established standards 354 of the Government of the Russian Federation (regulates relations along with housing complexes), each citizen is given the opportunity and right to recalculate payments for services (in this case, utilities). The new edition and the latest changes to it provide the most comprehensive answers to all questions of interest to owners and simply users of premises/buildings (apartment buildings). The legal guarantor is the state itself, regardless of the city/region, for example, for Moscow it is the MOP.

with latest changes 2016

The creation of Resolution 354 of the Government of the Russian Federation dates back to 2011 (May-June). Just like other legislative acts, it requires the introduction of amendments that are relevant today (based on the reality in housing and communal services), which are made on an annual basis without reference to the period (can be made/planned for both January and May).

The new version of the law (latest changes) came into force at the beginning of January of this year (they were introduced at the very end of last 2015).

General household needs - to pay or not to pay according to Resolution 354

According to the latest changes, general house electricity needs are also affected by Government Decree No. 354 (clause 44). Now:

The coefficients of drainage standards have been revised (recalculation is being carried out);
the regulation on the installation of specialized meters was approved;
proposals to reduce these tariffs are being considered (reduction by approximately 10-15%);
measures are being taken to stimulate organizations/enterprises (housing and communal services) providing different kinds services (utilities) relevant for users of houses (apartment buildings), etc.

Changes in housing and communal services

354 Decree of the Government of the Russian Federation regulates consumer standards for resources and their subsequent payment for owners/users of premises (residential). The new edition clarifies when charges begin for the full package or a separate part of it for utility services. The latest changes clarify: the force of calculation begins to operate from the moment of entry into any premises or apartment building.

Calculation of the amount of payment for utility services - Resolution 354

354 Federal Law of the Government of the Russian Federation regulates the procedure for the distribution of accounts. There are also instructions there: every citizen (user of an apartment building) is obliged to provide meter readings to employees every month (payment must also be made monthly).

Heating recalculation

If we consider in more detail 354 Federal Law of the Government of the Russian Federation ( new edition) it becomes clear that tariffs for premises/apartment buildings are planned to be reduced (the size of the discount depends on the region). In the current version (latest changes), the procedure for paying for utility services has been significantly simplified, for example, payments for heat are now made according to a special system (simplified).

Payment for utilities

354 Decree of the Government of the Russian Federation on utility services (current edition, latest changes) includes a special appendix, which describes in detail recommendations on calculation standards (the formula for adjusting data (clause 44, paragraph 2), rules and regulations has been replaced). Measures to control use/consumption have been tightened, and in the current version special instructions regarding the installation of counting equipment (meters).

Decree 354 as last amended 2016 on public services

You can get acquainted with the current text upon request “354 Resolution of the Government of the Russian Federation on the recalculation/calculation of payments for services (utilities) for citizens” on our resource (website) or download in a convenient online mode and completely free of charge