P 67 rules 354. Government resolution on the provision of public services to owners and users of premises in apartment buildings and residential buildings - Rossiyskaya Gazeta

Clause 61 of the Provision Rules utilities owners and users of premises in apartment buildings and residential buildings, approved by the RF Regulation No. 354 dated 05/06/2011 (hereinafter referred to as Rule 354) provides for the obligation of the utility service provider to recalculate if, when checking the accuracy of information about the readings of an individual meter (hereinafter referred to as the IMU), discrepancies are identified between the information provided by the consumer, and actual IPU readings. In this article we will analyze cases in which recalculation is carried out in accordance with paragraph 61 of Rules 354, and cases in which this rule is not applicable.

What does paragraph 61 of Rule 354 establish?

Let us quote paragraph 61 of Rule 354: “ 61. If, during the verification of the reliability of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition, the contractor establishes 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 metering device (distributors) being checked and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for utility services for the billing period preceding the inspection, then the contractor is obliged to recalculate the amount of payment for utility services and send to the consumer, within the deadlines established for payment of utility services for the billing period in which the contractor carried out the inspection, a request for an additional charge for the utility services provided to the consumer or a notification of the amount of payment for utility services overcharged to the consumer. Excess amounts paid by the consumer are subject to offset when paying for future billing periods.

The amount of the fee must be recalculated based on the readings taken by the contractor during the inspection of the meter being checked.

In this case, unless the consumer proves otherwise, the volume (quantity) of the utility resource in the amount of the identified difference in readings is considered consumed by the consumer during the billing period in which the contractor carried out the check».

From the given norm it follows:

1. Recalculation of fees for utility services is carried out in compliance with a number of requirements:
1.1. " The amount of the fee must be recalculated based on the readings taken by the contractor during the inspection of the meter being checked»;
1.2. " The contractor is obliged ... to send to the consumer, within the deadlines established for payment of utilities for the billing period in which the contractor carried out the inspection, a request for an additional charge for the utility services provided to the consumer or a notification of the amount of the utility fee overcharged to the consumer. Excess amounts paid by the consumer are subject to offset when paying for future billing periods.»;
1.3. " The volume (quantity) of a utility resource in the amount of the identified difference in readings is considered consumed by the consumer during the billing period in which the contractor carried out the check», « unless the consumer proves otherwise».

2. Recalculation is made when a number of circumstances arise:
2.1. " There are discrepancies between the readings of the meter being checked (distributors) and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service" It is important to note that the norm directly indicates a discrepancy between the actual readings of the device not with the standard volume of consumption, not with the average monthly volume, not with some information received by the contractor from other sources (predicted, calculated, taken by analogy, from the words of neighbors, etc. ) and not with the readings of previous billing periods, namely with “ volume of utility resource, which was presented by the consumer to the performer»;
2.2. This discrepancy was identified " during the verification of the reliability of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition»;
2.3. " The metering device is in good condition, including the seals on it are not damaged».

Cases of inspections

Since paragraph 61 of Rules 354 establishes that the discrepancy between the readings of the meter being checked and the volume of consumption provided to the contractor by the consumer is established during the inspection, we will indicate what kind of inspection we are talking about and in what cases such an inspection is carried out.

The analyzed norm, in terms of describing the nature of the verification, literally establishes: “ checking the accuracy of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition", that is we're talking about about three verification options:
1. checking the accuracy of the information provided by the consumer about the readings of individual, common (apartment), room metering devices;
2. checking the condition of individual, common (apartment), room metering devices;
3. checking the reliability of information provided by the consumer about the readings of individual, common (apartment), room metering devices and checking the condition of individual, common (apartment), room metering devices.

It should be noted that when conducting a check for the purpose of applying paragraph 61 of Rules 354, in any case a third type of check is necessary (a comprehensive check of both the instrument readings and its condition), since the performer, by virtue of the requirements of paragraph 61 of Rules 354, must establish that “ the metering device is in good condition, including the seals on it are not damaged", that is, when checking only the reliability of information about the readings of the device, in any case it is necessary to check its condition, and when checking only the condition of the device to assess the reliability of its readings, these readings must be checked. Thus, a textual structure that allows three types of checks to be considered separately seems completely unnecessary, although legally no violation is discerned.

Consequently, in this article we will talk about a comprehensive check of both the readings of the meter and its condition (hereinafter referred to as Check).

According to subparagraph “g” of paragraph 31, the contractor is obliged to carry out Inspections, however, this norm does not establish the timing and frequency of such Inspections.

Clause 82 of Rule 354 confirms the above rule:
« 82. The contractor is obliged:
a) carry out checks of the condition of installed and put into operation individual, common (apartment), room metering devices and distributors, the fact of their presence or absence;
b) carry out verification of the reliability of information provided by consumers about the readings of individual, common (apartment), room metering devices and distributors by comparing them with the readings of the corresponding metering device at the time of verification (in cases where readings of such metering devices and distributors are taken by consumers)».

Clause 83 of Rule 354 sets limits on the frequency of Inspections:
« 83. The checks specified in paragraph 82 of these Rules must be carried out by the contractor at least once a year, and if the metering devices being checked are located in the consumer’s residential premises, then no more than once every 3 months».

Subclause “d” of clause 32 of Rule 354 partially duplicates clause 83 and additionally establishes restrictions on the frequency of inspections of devices installed in non-residential premises and outside premises and households. According to subparagraph “d” of paragraph 32 of Rules 354, the contractor has the right to conduct Inspections, but no more than once every 3 months if the meter is installed in a residential premises or household, and no more than once a month if the meter is installed in a non-residential indoors, as well as outside premises and households in a place to which the performer can have access without the presence of the consumer. At the same time, in accordance with subparagraph “g” of paragraph 34 of Rules 354, the consumer is obliged to allow the contractor into the occupied residential premises or household for Inspection at a time previously agreed upon in the manner specified in paragraph 85 of Rules 354, but not more than once every 3 months.

The above standards do not establish specific deadlines for conducting Inspections, but only establish restrictions. Some regulations establish more specific deadlines for conducting Inspections in individual cases.

For example, according to subparagraph “k(4)” of paragraph 33 of Rule 354, the consumer has the right to demand verification from the contractor. The Contractor, in accordance with subparagraph “e(2)” of paragraph 31 of Rule 354, is obliged to carry out an inspection at the request of the consumer within 10 days after receiving such a statement.

The right and obligation to determine specific deadlines for conducting inspections are vested in the parties to the agreement containing provisions for the provision of utility services - that is, the contractor and consumers of utility services. Subparagraph “i” of paragraph 19 of Rules 354 states: “ An agreement containing provisions for the provision of utility services must include: the frequency and procedure for the contractor to check the presence or absence of individual, common (apartment), room meters, distributors and their technical condition, the reliability of the information provided by the consumer about the readings of such metering devices and distributors».

Failure by the consumer to provide IPU evidence

Another case of inspection is regulated by paragraph 84 of Rules 354, which establishes: “ If the consumer fails to provide the contractor with the readings of an individual or general (apartment) meter for 6 months in a row, the contractor no later than 15 days from the date of expiration of the specified 6-month period, another period established by the agreement containing provisions on the provision of utility services, and (or) decisions general meeting of owners of premises in an apartment building, is obliged to carry out the check specified in paragraph 82 of these Rules and take meter readings».

Previously, an article “” was published on the AKATO website, which caused a lot of controversy on the question of whether the service provider, having carried out an inspection on the basis of paragraph 84 of Rules 354, is obliged to recalculate the amount of payment for a utility service in accordance with paragraph 61 of Rules 354, since the actual volume of service consumed , determined from the readings of the device for the period of non-submission of readings, does not coincide with the volume presented for payment for the specified period, calculated according to the average monthly volume and/or consumption standard.

Let's analyze this issue.

Clause 84 indeed obliges an Inspection to be carried out after 6 months of failure by the consumer to provide information about the meter readings. Clause 61 indeed establishes that, based on the results of the Verification, the contractor is obliged to make a recalculation, however, it is necessary to note that the recalculation is made in the case “ if during the verification of the reliability of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the metering device being checked (distributors) and the volume of utility resource that was presented by the consumer to the contractor ».

If the consumer did not provide the contractor with information about the readings of the metering devices, that is, the exact volume of the consumed utility resource presented by the consumer is not determined, then it is impossible to determine the discrepancy between the actual readings of the metering device and those provided by the consumer, and since it is the cost of this volume of the discrepancy that is the size recalculation, then the amount of recalculation is not subject to determination.

Consequently, it is precisely in the case of the consumer’s failure to provide information about the readings of the metering device that paragraph 61 of Rule 354 is inapplicable.

In this case, paragraph 84 of Rules 354 obliges the contractor, when conducting an Inspection, after a 6-month period of failure by the consumer to provide meter readings, to take the readings of this device. However, not a single norm indicates that the executor is obliged to use the testimony taken when determining the amount of recalculation, including the use of the testimony taken by the executor is not provided O and paragraph 61 of Rule 354.

Application of paragraph 61

Based on the foregoing, paragraph 61 of Rules 354 applies only if, during the inspection by the contractor, the fact of the consumer transmitting unreliable meter readings is revealed. Such an inspection can be carried out either at the initiative of the contractor (subparagraph “g” of paragraph 31, subparagraph “g” of paragraph 32, paragraph 82 of Rules 354), or at the initiative of the consumer (subparagraph “e(2)” of paragraph 31 and subparagraph “k(4) )" paragraph 33 of Rules 354), or in accordance with the approved agreement on the provision of public services in the manner and frequency (subparagraph "and" of paragraph 19 of Rules 354).

Let's look at examples of the application of paragraph 61 of Rule 354.

Example 1

Let the contractor check the consumer's metering device on the first day of month N1 and determine that the readings of the consumption IPU cold water are 100 cubic meters. In month N2, the consumer provided meter readings of 102 cubic meters, the contractor submitted for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer reported to the contractor the readings of 105 cubic meters of water, the contractor submitted for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer reported to the contractor the IPU readings of 107 cubic meters, the contractor submitted for payment the consumption of 2 cubic meters of water for month N3. In the same month N4, the contractor carried out an inspection of the metering device and found that the transmitted readings of the metering device were unreliable, but in fact the device at the time of the inspection showed 110 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:
- sets the volume of discrepancy at 3 cubic meters (110-107);
- sends to the consumer, within the period established for payment for the volume of water for the month N4, a request to make an additional charge in the amount of the cost of 3 cubic meters of water;
- if the consumer in month N5 provided instrument readings in the amount of 112 cubic meters, then the contractor in month N5 presents for payment for month N4 the identified discrepancy in the volume of 3 cubic meters and the volume transferred by the consumer of 2 cubic meters (112-110), then there are only 5 cubic meters.

On a monthly basis, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 5 cubic meters, total - 12 cubic meters. Exactly 12 cubic meters is the difference between the meter readings at the time of the Check in month N1 (100 cubic meters) and the meter readings transmitted by the consumer in month N5 (112 cubic meters).

Example 2

Suppose that in the above Example 1, the performer, when conducting an Inspection in month N4, established that the actual readings of the IPU are 106 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:
- sets the volume of discrepancy at 1 cubic meter (107-106);
- sends to the consumer, within the time limit established for payment for the volume of water for the month N4, a notification of the amount of the overcharged consumer for water in the amount of 1 cubic meter;
- if the consumer in month N5 provided instrument readings in the amount of 109 cubic meters, then in month N5 the contractor takes into account the overpaid volume of 1 cubic meter and the volume transferred by the consumer of 3 cubic meters (109-106), that is, only 2 cubic meters .

On a monthly basis, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 2 cubic meters, total - 9 cubic meters. It is 9 cubic meters that makes up the difference between the meter readings at the time of the Check in month N1 (100 cubic meters) and the meter readings transmitted by the consumer in month N5 (109 cubic meters).

Inapplicability of paragraph 61

Example 1

The contractor presented to the consumer for payment in the month N5 for the month N4 a volume of 3 cubic meters, in the month N6 for the month N5 - 3 cubic meters and in the month N7 for the month N6 - 3 cubic meters. In month 7, the contractor carried out an inspection and found that the meter readings were 15 cubic meters. The contractor defines these readings as the initial readings of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and recalculation in accordance with paragraph 61 of Rules 354 is possible only if the unreliability of the readings of the IPU is revealed.

Despite the fact that, according to the IPU readings, the consumer consumed 15 cubic meters (15-0) for 6 months, he was presented for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually paid for the 3 cubic meters he did not consume, but this is the procedure established by the current legislation.

Example 2

Let the contractor accept the consumer's IPU for accounting from the first day of month N1 and establish that the readings of the IPU for cold water consumption are 0 cubic meters. In month N2, the consumer provided meter readings of 2 cubic meters, the contractor submitted for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer reported to the contractor the readings of 5 cubic meters of water, the contractor submitted for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer reported to the contractor the IPU readings of 9 cubic meters, the contractor submitted for payment the consumption of 4 cubic meters of water for month N3.

Then the consumer stopped transmitting meter readings to the contractor, and the contractor began to make calculations based on the average monthly meter readings (), which for three months amounted to (9-0)/3 = 3 cubic meters

The contractor presented to the consumer for payment in the month N5 for the month N4 a volume of 3 cubic meters, in the month N6 for the month N5 - 3 cubic meters and in the month N7 for the month N6 - 3 cubic meters. In month 7, the contractor carried out an inspection and found that the meter readings were 20 cubic meters. The contractor determines these readings as the initial readings of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and recalculation in accordance with paragraph 61 of Rules 354 is possible only if unreliability is detected transferred by the consumer to the contractor IPU readings.

Despite the fact that, according to the IPU readings, the consumer consumed 20 cubic meters (20-0) for 6 months, he was presented for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually consumed 2 cubic meters of water more than he paid for, but this is exactly the order established by current legislation. The specified 2 cubic meters will increase the volume of utility resources consumed in the maintenance of common property and will be a loss to the utility service provider.

conclusions

Establishes that the contractor is obliged to recalculate if, during the process of checking the reliability of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good condition, in including the seals on it are not damaged, but there are discrepancies between the readings of the metering device (distributors) being checked and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service for the billing period preceding the inspection.

This rule is applicable only if the consumer has provided the contractor with unreliable information about the meter readings, but is not applicable if the consumer has not provided the contractor with the IPU readings at all.

Note: The analysis of paragraph 61 of Rules 354 was carried out at the request of Yugo-Zapadnoe LLC.
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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!

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 communal meters are installed, the housing and communal services make a recalculation 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 in new edition The procedure for recalculation in different situations is described in detail.

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.

Relations between utility services and citizens are regulated by the rules for the provision of utility services by RF PP No. 354, as amended in 2017. Read about the basic rights and obligations of consumers and providers of housing and utility services, as well as disputes between the parties, in the article.

from the article you will learn:

Since 2011, the interaction between consumers of housing and communal services and those who provide them has been described in Government Decree No. 354 - the rules for the provision of utility services. This legislative act is subject to regular adjustments. The latest edition was released on September 9, 2017.

Rules for the provision of utility services according to RF PP No. 354

Until 2011, the relationship between consumers and utility companies was regulated by RF Regulation No. 307. With the entry into force of RF PP No. 354, many rules have changed. Among other things, the resolution contained the following innovations:

• ODNs have been introduced, which often become the cause of disputes between citizens and management companies;
• it became possible to check the quality of provided public services using expertise;
• the debt period for disconnecting services was reduced from 6 to 3 months;
• it became possible to pay for housing and communal services directly to resource workers;
• consumers received the right to install meters in separate rooms (this is necessary mainly in communal apartments), and so on.

In general, the purpose of the document remains the same, although its volume has doubled. It is obvious that every year there are more and more nuances that need to be included in the rules for the provision of utility services. For this reason, changes appear in the resolution. Explanations prepared by specialists working in the housing and communal services sector will help you understand them.

What is included in the list of utilities?

Receiving utility services is one of the basic rights of a citizen of the Russian Federation, regardless of his place of residence. The necessary list of housing and utility services is supplied to homes at permanent basis during the whole year. The only exception is heating. Heat is supplied according to special regulations issued in each region depending on weather and climatic conditions.

The rules for the provision of public services allow the disconnection of all types of resources in case of repairs or emergencies. For such situations, the maximum permissible duration is indicated. It is calculated for the reporting period. If during this period the number and duration of utility outages exceeds the established standards, then residents can officially file claims.

Let us list the types of public services that citizens should be provided with.

1. Electricity supply. Its submission is mandatory, and any interruption is considered extreme situation and is eliminated in as soon as possible. Electricity is supplied without interruption at any time of the day. Its power, according to the rules for the provision of public services, must meet the needs of residents.
2. Cold water supply. Cold water is supplied via citywide or local network. If it turns off, delivery will be arranged. drinking water Walking distance to the pump. When supplying water, the following requirements are mandatory:
- compliance with sanitary standards;
- proper pressure;
- uninterrupted supply.
3. Hot water supply. The supply is carried out through the central water supply. In its absence, communal or in-apartment heating devices are used.
4. Sewage drainage. When water is supplied, its drainage is also arranged in parallel. The sewage system in a home includes a common pipe (riser) and pipes leading to it from each water collection point.
5. Heating. During the cold season, it is carried out around the clock. The rules for the provision of public services determine minimum temperature air that must be maintained in the home.
6. Gas. Houses are most often connected to gas supply using main gas pipeline. If it is not available, then it is permissible to use gas from replaceable cylinders or specially equipped storage facilities for it.

The range of utilities depends on the level of home improvement and can vary significantly. If residents do not receive any resources, then the monthly payment for housing and communal services will be lower. All these points are specified in the contract with the service organization.

Changes in government resolution 354 for 2017-2018.

The rules for the provision of utility services to citizens in 2017, defined in RF PP No. 354 Once again received a number of changes. The adjustments concern the most pressing issues for consumers and utility companies. Here are a few important updates:

• parking spaces began to be counted non-residential premises and individual real estate objects;
• Utilities have the right to install control seals and other devices to monitor illegal interference in the operation of metering devices;
• management companies may be fined for unreasonably inflated tariffs. This requires a consumer request.

The rules for the provision of public services 354 with changes can be found directly on our website. In the article you will find a link to the current edition of this document.

Payment for housing and communal services

Housing and communal services consumers are required to pay in full every month. Along with their responsibilities, citizens also receive a certain set of rights. Utilities must be of adequate quality. If the management company does not perform its duties properly, residents can terminate the contract with it and choose another organization.

In addition to the resources listed above, the consumption of which is monitored by meters or standards, residents pay for a number of other services. The receipt includes the following expenses:

• for maintenance multi-storey building;
• to carry out major repairs;
• for elevator maintenance (if available);
• for the export of solid household waste;
• for cleaning entrances, local areas and other common property;
• to pay for intercoms.

According to the rules for the provision of utility services, all these expenses are calculated by the management company and included in the receipt. In some cases, it produces enough a large number of points that are not always possible to deal with the first time. At the same time, each number must have a justification. Any article fits in accordance with current tariffs and prices.

In the receipt, expense items are divided into personal, related to a specific apartment, and general household consumption. Many categories of citizens have benefits for paying for housing and communal services. They are indicated as justification for the application of the reduced tariff.

Rights and obligations of consumers and service providers

The rules for the provision of public utility services provide strict regulation of the legal relations between housing and communal services providers and their consumers. Chapters 4 and 5 are devoted to this.

The service organization, in accordance with its set of rights and responsibilities, should (may):

• provide CU residents in a timely manner. It not only provides the resources specified in the contract with the consumer, but also services the area adjacent to the high-rise building, common and apartment premises;
• accept requests for repairs and execute them, eliminate faults in a timely manner, and maintain the house in proper condition;
• demand timely payment for services within the established deadlines, and charge penalties and fines for violations thereof. At the same time, the receipt must indicate the deadline within which the consumer needs to deposit money;
• receive compensation from the state for beneficiaries who pay housing and communal services at reduced rates;
• control how the rules for the operation of utility networks and technical equipment are observed;
• check the meters installed in apartments, the state of communications;
• have access to all premises.

In accordance with the rules for the provision of utility services, management companies themselves enter into contracts with housing and utility providers. Residents should receive notifications about emergency situations affecting them. Announcements about repairs, deadlines for eliminating accidents and other deviations are posted on boards accessible to all residents.

Consumers are assigned their rights and responsibilities. Including, they must (can):

• receive services of the required quality in the required volume;
• request a check of the calculations made and correction of any errors found;
• receive acts and other legally binding documents that confirm damage from accidents for further compensation;
• be sure to notify emergency services about force majeure situations;
• make timely and full payments for received housing and utility services.

Rules for the provision of utility services warn consumers against various unauthorized actions. If they are detected, significant fines may be assessed.

Resolution of disputes between consumers and utility service providers

The main disputes in the housing and communal services sector are related to:

• late payments by consumers;
• residents committing illegal actions (interfering with the work of meters, damaging common property, and so on);
• erroneous calculation of payment for CG;
• failure of the service organization to fulfill its obligations.

According to the rules for the provision of utility services, the management company can deal with defaulters with penalties and shutdown of supplied resources. Contractual debtors can be accommodated and provided with installment plans to pay off the debt. Illegal actions are punishable by fines. They can be imposed and collected, including by court.

If consumers have a complaint, they turn first of all to the management company itself. Most violations are resolved this way. In addition to the Criminal Code itself, controversial situations can be considered:

• municipal administration;
• housing inspection;
• Rospotrebnadzor;
• the prosecutor's office;
• court.

Attached files

• Rules for the provision of utility services to citizens according to RF PP No. 354.doc

In accordance with Article 157 of the Housing Code Russian Federation Government of the Russian Federation decides:

1. Approve the attached:

Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings;

changes that are being made to the resolutions of the Government of the Russian Federation on the provision of utility services.

2. Establish that the Rules approved by this resolution:

a) apply to relations arising from previously concluded agreements containing the conditions for the provision of public services, in terms of rights and obligations that arise after the entry into force of these Rules;

b) do not apply to relations that arise during the supply of gas to meet the municipal and domestic needs of citizens and the regulation of which is carried out in accordance with the Rules for the supply of gas to meet the municipal and domestic needs of citizens, approved by Decree of the Government of the Russian Federation of July 21, 2008 N 549 ;

c) come into force after 2 months from the date of entry into force of the changes that are made to the Rules for establishing and determining utility service consumption standards specified in paragraph four of subparagraph “b” of paragraph 4 of this resolution.

3. Establish that explanations on the application of the Rules approved by this resolution are given by the Ministry regional development Russian Federation.

4. To the Ministry of Regional Development of the Russian Federation:

a) within 2 months, submit, in agreement with the Ministry of Energy of the Russian Federation and with the participation of interested federal executive authorities, to the Government of the Russian Federation proposals for improving the Rules for the supply of gas to meet the household needs of citizens, approved by the Decree of the Government of the Russian Federation dated July 21, 2008 No. 549, and the main provisions for the functioning of retail markets electrical energy, approved by Decree of the Government of the Russian Federation of August 31, 2006 N 530;

b) within 3 months:

approve in agreement with Federal service according to tariffs, an approximate form of payment document for payment of fees for the maintenance and repair of residential premises and the provision of utilities, as well as guidelines by filling it out;

approve, in consultation with the Federal Antimonopoly Service, the approximate terms of the management agreement for an apartment building;

submit in agreement with the Ministry economic development The Russian Federation and the Federal Tariff Service, in accordance with the established procedure, submitted to the Government of the Russian Federation a draft act on amending the Rules for establishing and determining standards for the consumption of utility services, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306, providing, among other things:

exclusion from the volumes of utility resources taken into account when determining standards for the consumption of utility services in residential premises, the volumes of utility resources provided for the maintenance of the common property of an apartment building, and standard technological losses of utility resources;

the procedure for establishing standards for the consumption of utility services for general household needs;

the procedure for establishing standards for the consumption of utility services, with the exception of gas supply, when using land plot and outbuildings;

c) within a 5-month period, approve, in agreement with the Ministry of Economic Development of the Russian Federation, the approximate terms of an energy service agreement aimed at saving and (or) increasing the efficiency of consumption of utilities when using common property in an apartment building;

d) within a 6-month period, approve the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of the inspection report to determine the presence (absence) of the technical feasibility of installing such metering devices and the procedure filling it out.

5. Recommend to authorities state power subjects of the Russian Federation to approve standards for the consumption of utilities in residential premises, standards for the consumption of utilities for general house needs, standards for the consumption of utilities when using a land plot and outbuildings no later than 2 months from the date of entry into force of the changes that are made to the Rules for the establishment and determination of standards consumption of utilities specified in paragraph four of subparagraph “b” of paragraph 4 of this resolution.

6. The following shall be declared invalid from the date of entry into force of the Rules approved by this resolution:

Decree of the Government of the Russian Federation of May 23, 2006 No. 307 “On the procedure for providing utility services to citizens” (Collected Legislation of the Russian Federation, 2006, No. 23, Art. 2501);

paragraph 3 of the Decree of the Government of the Russian Federation of July 21, 2008 N 549 “On the procedure for supplying gas to meet the household needs of citizens” (Collected Legislation of the Russian Federation, 2008, N 30, Art. 3635);

paragraph 5 of the changes that are made to the acts of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation dated July 29, 2010 N 580 “On amendments and invalidation of certain acts of the Government of the Russian Federation” (Collection of Legislation of the Russian Federation, 2010, N 31, Art. 4273).

Chairman of the Government
Russian Federation
V. Putin