Recalculation for utilities according to the law. What is a utility bill

These housing issues are regulated in our state - the Russian Federation by the following regulations, with which it is best to familiarize yourself, and then by incomprehensible legal matters can be calm and

consult with lawyers who specialize in housing matters and have litigation experience in housing disputes.

1. Housing Code of the Russian Federation (hereinafter LC RF).

2. Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354, which are valid throughout Russia from September 1, 2012 to the present.

3. Rules for the provision of public services to citizens, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 307, which were in force throughout Russia until September 1, 2012.

So, according to Part 1 of Article 155 of the Housing Code of the Russian Federation, 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 or decision general meeting members of a homeowners association, housing cooperative or other specialized consumer cooperative established in order to meet the needs of citizens in housing in accordance with federal law on such a cooperative (hereinafter referred to as another specialized consumer cooperative).

According to Part 11 of Article 155 of the Housing Code of the Russian Federation, non-use by owners, tenants and other persons of premises is not a reason for non-payment of payment for residential premises and utilities. In case of temporary absence of citizens, payment for certain types utility services, calculated on the basis of consumption standards, is carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner approved by the Government Russian Federation.

According to Part 1 of Article 157 of the Housing Code of the Russian Federation, the amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by the authorities state power subjects of the Russian Federation in the manner prescribed by the Government of the Russian Federation.

According to the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, it is possible to recalculate for utilities in residential premises, approved by Decree of the Government of the Russian Federation No. 354, RECALCULATION for payment for utilities is done in three cases:

1. If you were absent from home for more than 5 days (this fact must be documented by presenting, for example, a travel certificate or an extract from the hospital);

2. If the utility service was not provided in full or inadequate quality(for example, from the tap, instead of hot, cold water flowed);

3. If the service was not provided at all (there was no electricity, water, gas or heat for some time).

Section VIII of these Rules establishes that recalculation is carried out only for hot water, cold water, gas, electricity and sewerage, and that it is possible only in the absence of individual and common house metering devices for these resources. It is produced in proportion to the number of days of the period of temporary absence of the consumer, but not more than 6 months. When determining the period of absence of a citizen, the day of his departure and return is not taken into account.

Unfortunately, you did not indicate in your request what kind of recalculation for utilities you are interested in and in connection with this.

The supply of utilities to any apartment is carried out on the basis of an agreement concluded by the tenant with the resource supply company.

The same agreement and the legislation of the Russian Federation provide for cases in which it is possible to recalculate payment for.

What could be the reasons?

In order to apply for the recalculation of utilities, it is necessary to have weighty grounds specified in the resolution.

The basis for the recalculation may be a long-term absence of the tenant in the apartment for a period of 5 or more days. But such a basis will apply only if there is no metering device (meter).

Recalculation in this case does not apply to:

• heating;
• gas supply;
• community needs.

Recalculation due to absence is made in proportion to the number of days of absence, except for the day of departure and arrival.

The basis for the recalculation can serve as poor quality public services. Also service interruption may be the basis for recalculation.

There is no definite figure, it turns out that each service has its own limits on the duration of breaks, for which there is no recalculation.

Established duration for utilities:

Reasons for reducing or increasing the amount of payment

In the direction of increasing the payment for housing and communal services, recalculation occurs only if it is established that consumer metering devices are faulty and he thereby violated the terms of the contract.

An additional fee will be charged depending on the violation.

If, for example, the seal on the cold water supply meter was broken, then the water supply will be recalculated not according to the meter readings, but according to the norm of the provisions for each living person.

It also happens that some consumers manage to cut a pipe in front of the meter to save money, thereby deceiving the service provider. If such interference is detected by the executor-controller, then the fine will be calculated according to the pipe section.

This means that the water supply will be as if it was constantly flowing at a speed of 1.2 m / s through a pipe into which an unauthorized cut was made. Such a recalculation is highly unprofitable for the consumer, since multiply the fee by at least 10 times.

Before doing such fraud, you should think carefully about the consequences.

Downward recalculation occurs only in 3 cases:

• absence of a tenant for a long time;
• interruptions in the supply of services beyond the stipulated time;
• services of poor quality.

Poor quality or interruption of services

The quality of the services provided will be measured by experts, because it is not possible to make such measurements on your own.

Indicators by which water quality is determined:

For hot water, the temperature also matters, which, according to the norms, should be 60-75 degrees.

If you have doubts about the quality of water, then order an examination at the Sanitary and Epidemiological Station or from independent experts who will help restore justice in this matter.

There are also standards for energy supply, which are measured by the indicator:

• current strength;
• voltage.

If you feel that the devices do not work at full capacity or do not turn on at all, then it makes sense to order an examination for.

For heating heating quality, the following indicators are evaluated:

• system pressure;
• temperature in the rooms;
• impurities in the water.

Of all the indicators, the consumer is only interested in the heat in the apartment. To understand whether the heating supply norms are violated, you just need to compare the temperature in the rooms with the allowed minimum. In a residential area from 18-20 degrees, in the kitchen - 18 degrees, bathroom / bathroom - 25 degrees, in the pantry - 12 degrees.

Indicators for gas:

• system pressure;
• chemical composition.

The consumer can notice the quality only by the speed of boiling water.

Where to go for recalculation?

If necessary, recalculation for utilities you should contact the company that provides you with such services. Her details are easy to find out, because they are on the receipt, which comes every month.

The following scheme should be followed:

How to write an application for the recalculation of a communal apartment?

After arrival within 30 days applying for a recalculation utility bill during the absence of residents. In it in without fail the full name of all residents is indicated, the exact period of their absence (date of departure date of arrival), the reason for the recalculation, and the address are indicated.

Documents that prove the absence of citizens are also submitted to the application.

An application without documents can be submitted if you do this in advance, before leaving, and upon arrival you bring the necessary information.

The application itself is drawn up in writing, signed and dated in duplicate, in free form, indicating the reason.

Documents required for recalculation

Documents for the recalculation of utilities are provided in copies certified by the authority that issued them (with the exception of tickets).

To confirm the absence of a tenant, you will need:

In the event of poor service delivery, the consumer contact the dispatcher where the complaint is filed. After that, the company makes an examination and establishes the fact of non-compliance of the services provided.

After all procedures, the user is required to issue an act of work performed. This document is attached to the application.

If an examination was made by independent experts on their own, then they are supported by quality conclusion.

With, just an application is submitted.

Procedure for consideration of the application and its terms

After submitting an application due to absence, it is registered, a stamp of acceptance is placed on your copy.

Within 10 days the service provider is obliged to give a written answer in person or by mail to the address.

Claims and complaints regarding quality and interruptions in supply are recorded in the fact log, after which this fact is subject to verification. After that, a written answer is given with a solution to this issue.

Immediately, after receiving a complaint about the poor quality of services, the dispatcher agrees on the time and date. The act must be issued to the consumer no later than 3 days from the date of receipt of the expert opinion.

Receipt of overpaid funds in kind or transfer them to the following months.
Of course, the easiest way is for this plus to be transferred to the next months. This should be automatically taken into account by the supplier in the following month after the recalculation.

To get the money back, you will have to submit applications to both, and, if necessary, to the bank. Such a return will take a long time and it would be more profitable to leave the overpayment on the personal account.

Video: How to recalculate utility bills?

The video tells how to be citizens with utility bills in the summer, when many leave their apartments on vacation to the country or abroad.

It explains how in this case it is possible to make a recalculation for the provided utilities and how you can confirm your absence from the place of residence.

To know how to recalculate for utilities according to Decree 354 means to control the correct calculation of payments. The Decree describes all methods of calculating resources - water, gas, light, sewerage, and not only for individual meters and tariffs, but also for common house appliances. Do you know what quality services should be delivered? And that you can return the fee for substandard? Is it right Management Company calculates fees? We will analyze the legal act and find out all the subtleties.

What is a utility bill

They brought you a receipt for paying utility bills and you suddenly saw that the amount had changed. The first thought is a mistake. Only whose? Most often, utility providers try not to make mistakes in the calculations, since an error is fraught with going to court with the ensuing consequences.

However, you should be aware that in some cases utility bills may be reduced or increased, that is, recalculated. The supplier can recalculate the payment upwards in such cases:

• the deadline for checking meters has expired (recalculation will be made according to tariffs, and not according to instrument indicators);
• unauthorized tie-in into the pipeline (a pipe with a large cross section allows more water to pass through, therefore the tariff will be recalculated);
• the seal or the integrity of the meter is damaged.

You can reduce the cost of already paid resources if:

• the quality of resources does not meet the requirements of the law;
• there were interruptions in the supply of resources;
• tenants (one or more) were absent from the apartment for a long time;
• one of the residents has died.

Since the recalculation is a change in the cost of already paid services, the difference in payment is reflected in the following receipts for payment.

Recalculation due to poor resource quality

Annexes to the 354th Decree are quality requirements utilities and grounds for recalculation, indicating the difference. More about each service.

Cold water:

• in case of accidents, interruptions in the supply of water are permissible, for a maximum of 8 hours per month, of which a shutdown is allowed for no longer than 4 hours at a time (for each hour without water over the set time, its price decreases by 0.15%. That is, if water was turned off for 10 hours in a month, then the cost of cold water supply paid for this month will decrease by 0.3%);
• water quality must comply with SanPiN 2.1.4.1074-01. If there is no compliance, then the entire period when water was supplied of poor quality must be deducted from the payment (you can check the quality in special laboratories, for example, at the local branch of Rospotrebnadzor);
• the water pressure in the tap should be in the range from 0.03 MPa to 0.6 MPa (if the pressure in the pipe differs by 25% from the set value, then for each hour of such water supply the cost of water decreases by 0.1%. If the difference is greater than 25 %, then the payment for each hour must be deducted from the payment made).

Hot water:

• admissible interruptions are possible for 8 hours a month (one-time shutdown - no longer than 4 hours; in case of accidents on a dead-end highway - for 24 hours; shutdown for prevention and repair - no more than 14 days). For every hour when hot water was turned off over the period, the cost is reduced by 0.15%;
• the water temperature in the tap should be in the range from 60 to 75 degrees Celsius (deviations are allowed: from 0 to 5 in the morning - by 5 degrees, from 5 in the morning to 0 o'clock - by 3 degrees). For every 3 degrees difference from the permissible norm, the cost of hot water for the last month decreases by 0.1 percent. And if the temperature in the tap is below 40 degrees, then every hour of consumption of such water must be recalculated at the rate of cold water;
• water of poor quality, as in the case of cold water, is not paid;
• the pressure in the tap should be in the range from 0.03 MPa to 0.45 MPa (for each hour of low pressure water supply, despite the fact that its indicator differs from the norm by 25%, the price of hot water should be reduced by 0.1%; drop or increase in pressure by more than 25% - basis for deduction full cost services).

Sewerage:

• permissible interruptions in the sewer system - 8 hours in a month in total (4 hours - at a time). For every hour when the sewer works intermittently beyond the allowable time, its cost decreases by 0.15%.

Electricity:

• it is permissible to cut off electricity for 2 hours a year if the line is powered by two sources, and for 24 hours if there is only one power source (every hour without electricity in excess of the established norm - minus 0.15% of the price of electricity);
• voltage in the network of the apartment - 220V (± 10%). For every hour of voltage deviation from the norm, the cost of electricity falls by 0.15%.

Gas supply:

• it is permissible to turn off the gas for no longer than 4 hours per month in total. The price of gas also falls by 0.15% for every hour without gas in excess of the allowable rate;
• supply of poor quality gas is not paid (the amount paid for the period when bad gas was supplied to the apartment must be deducted);
• gas pressure - 0.0012 MPa (±0.0005 MPa). The amount paid for low pressure gas is deducted from the payment.

Heating:

• during the heating season, it is permissible to turn off heating: for no longer than 24 hours in a month in total (and at a time at an apartment temperature of +12 degrees - for 16 hours; at an apartment temperature of +10 to +12 degrees - for 8 hours; for 4 hours at temperatures from +8 to +10 degrees). Recalculation for heating: for every hour when the temperature in the apartment deviates from the norm, the cost of heating decreases by 0.15%;
• temperature standards in the apartment are not lower than: +18 degrees in living rooms (+20 in the corner). Permissible deviations: exceeding by no more than 4 degrees; a decrease from 0 am to 5 am - by 3 degrees, from 5 am to 0 am - is not allowed. For each hour of deviation from the temperature norm, the price of heating decreases by 0.15% for each degree.

How to determine the fact of poor quality of resources or interruptions in supply

The procedure is explained in Chapter X of the Ordinance. If you're in doubt:

• as gas, hot or cold water;
• in the magnitude of the pressure of gas or water;
• in the magnitude of the voltage in the electrical outlet;
• in temperature during the heating season, etc.,

Call the emergency team(Vodokanal, Gorgaz, Energosbyt or Heating systems). The call must be fixed: call the emergency number, introduce yourself, give the exact address and the problem. Data about both your call and the departure of the brigade is always recorded in dispatch logs. Then you need to write down the name and position of the dispatcher, the time of the call and find out the number of the incoming telephone message. This moment is the starting point.

Next, the dispatcher is obliged to report the cause of interruptions in the supply of resources, if it is known, or send an emergency team to the call. If the matter is not in interruptions in the supply of resources, but in quality, then the dispatcher is obliged to agree with you on the date and time of the service quality check.

Check order.
At the appointed time, using special devices or other methods, technicians are obliged to check the fact of a violation of the quality of the service. If the time is not agreed, the check must be carried out no later than 2 hours from the moment of the call.

Upon completion of the audit, an act is drawn up, which records:

• date and time of the inspection;
• the fact of violation of the quality of services for the supply of communal resources;
• responsible persons.

A copy of the act should be given to you in your hands. Demand!

If a dispute arose on the fact of the check, for example, the contractor does not agree with the fact of a quality violation, the consumer has the right to organize an examination either in Rospotrebnadzor or in an independent expert organization. In this case, in the act of verification it is necessary to fix:

• who initiated the examination;
• who takes samples and how (if required, for example, when testing water quality);
• when and where the examination will be carried out.

Attention!
The performer is required to pay for the examination., and the conclusion of the expert will be attached to the verification report. If the expert does not see a violation of the quality of services, the consumer will be obliged to pay the cost of the examination to the contractor.

The case when the performer did not send a team, did not agree and did not report on the inspection, or it is simply impossible to get through to the dispatcher, the inspection can be carried out on your own:

• invite at least two residents of the house and the chairman of the HOA, housing cooperative or house manager;
• jointly draw up an inspection report;
• appoint a quality examination if necessary;
• conduct an examination and attach the expert's conclusions to the act.

If the fact of violation is confirmed, then the beginning of the violation of the supply of services will be the time of the call to the dispatcher, and the end will be a message about the elimination of violations or an entry in the dispatcher's log.

How to calculate the correct calculation of utility bills

Every resident of a high-rise building must have had questions - is the management company calculating payments correctly? This is especially true for general house needs and the most expensive service - heating. Appendix No. 2 to Decree No. 354 contains all the formulas for calculating any service - both calculation by meters and tariffs.

If you are interested in checking the correctness, and calculate the price of the delivered services yourself. Dreary work on calculations, but literate people can significantly reduce payments. So there are many examples. For the correct calculation you will need:

• contracts with resource-supplying organizations;
• technical plan of a house or apartment (to calculate the area);
• log of readings of common house meters;
• tariffs for services (can be found on the FTS website - federal service by tariffs);
• payment orders for general house payments or receipts for paying utility bills for an apartment.

Find discrepancies in your favor - write a request for recalculation!

For what period can I make a recalculation for utilities

General term limitation period- 3 years. That is, you have the right to recalculate payments within this period - for the last three years. But for this, you must have all paid receipts on hand. No wonder lawyers advise keeping payment documents for three years!

Today, many people use non-cash payments in online banking. Every time you pay a utility bill, print out receipts and put them in a pile.

To return the overpayment, you need to contact the person who sends the receipts:

• to the management company;
• to the housing office;
• directly to suppliers.

Application for recalculation of utilities

The application is written in any form, but if you want, use our
. Evidence of overpayment must be attached to the application, for example:

• checking act;
• expert's conclusions;
• overpayment calculation.

Write the application in two copies, one of which register with a specialist of the housing office or management company and keep it with you. After 5 working days, the recalculation must be made, and the overpayment is taken into account in the receipts for the next month.

If the performers dispute the overpayment, no later than one month from the date of registration of the application, they are obliged to send a reasoned refusal to the addressee.

In this case it is possible to oblige performers to recalculate for utilities according to Resolution 354 in court. Up to 50 thousand - in the world, more - in the district or city. Such statements are not subject to state duty, as these are claims for the protection of consumer rights.

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

What is recalculation

Recalculation is a newly made calculation of the consumer's payment for utilities. If any errors or overlays have occurred, and they are identified, then the management company or housing and communal services will compensate for the overpayment made. But most often the recalculation is done, because in many cases the owners 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 actually consumed water (electricity, gas). But sometimes there are failures, as in the following cases. For example, for heating, payment is always made 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 common house meters are installed, the housing and communal services recalculate and the overpayment is returned to the consumer. There are adjustments in reverse side.

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

For example, forgetfulness or a family vacation may cause the owner of the apartment to temporarily not transmit data from his meter. In this case, already the next month after the owner of the apartment resumes the transfer of data, he will be recalculated.

Legal acts

The recalculation is completely legal grounds. In 2011, the government of the Russian Federation adopts the well-known Decree number 354. All sections of this legal act are devoted to the rules for the provision of public services to the population.

In 2017, the next changes were adopted and it can be said 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.

Only the aspect that concerns residential premises without meters is considered here. Everything is clear with the meters, the recalculation will be done automatically when the next data from the metering devices is loaded. Answers to all questions regarding the legality of actions utilities given in the Resolution.

Each citizen, owner or tenant of a dwelling, is a consumer according to this document. He and his family consume public resources provided by various organizations or companies. In order to have a basis for a relationship, an agreement is made between the organization and the service consumer.

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

What is included in Resolution No. 354

What is included:

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

A special place is determined by 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;
• non-receipt by the consumer of reliable information on the quality of services;
• terms of the agreement are violated.

In case of violation of these conditions, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether the contract was concluded between the contractor and the consumer, the contractor still compensates for the damage in case of poor-quality services.

Here are some points that are considered in the Resolution:

1. The fee for common house needs is not subject to recalculation. This refers to the case when the owner was absent and the premises were temporarily empty.
2. Under the two-tariff regime, changing the payment is 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 made within 5 working days. Days of absence are considered all except the day of departure and arrival.
3. Recalculation is made only in the case of filing an application and providing documents that confirm the duration of absence. The request is made before departure or no more than a month after arrival.

The following documents are accepted as proof of absence:

• a copy of the travel certificate with the attachment of travel documents;
• 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;
• bills for staying in a hotel, rented apartment, hostel;
• a document issued by the FMS on temporary registration;
• other documents that can confirm the fact of the absence of the consumer.

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 relationship.

Zubkov Sergey Vasilievich(10/18/2014 at 07:18:23)

Dear Anonymous. In accordance with the following paragraphs of the Rules for providing owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation of May 6, 2011 N 354, for the future you should write a letter to the Criminal Code or resource-supplying organizations that supply services directly, about your absence from the living area, presenting any document from the list:

a) a copy of the travel certificate or a copy of the decision (order, instruction) on sending on a business trip or a certificate of business trip with copies of travel tickets;

b) a certificate of being treated in a hospital medical institution or at a spa treatment;

c) travel tickets issued in the name of the consumer (if the name of the consumer is indicated in such documents in accordance with the rules for issuing them), or their certified copies. In the case of issuing travel documents in in electronic format the contractor is presented with their printout on paper, as well as a document issued by the carrier confirming the fact of using the travel document (boarding pass for the plane, other documents);

d) bills for accommodation in a hotel, hostel or other place of temporary residence or their certified copies;

e) a document of the body carrying out the citizen at the place of his temporary stay in the cases established by the legislation of the Russian Federation, or a certified copy thereof;

f) a certificate from the organization that carries out non-departmental security of the residential premises in which the consumer was temporarily absent, confirming the beginning and end of the period during which the residential premises were under continuous protection and which was not used;

g) a certificate confirming the period of temporary stay of a citizen at the location educational institution, orphanage, boarding school, special educational and other children's institution with round-the-clock stay;

h) a certificate from a consular office or a diplomatic mission of the Russian Federation in the country of residence, confirming the temporary stay of a citizen outside the Russian Federation, or a certified copy of an identity document of a citizen of the Russian Federation, containing marks on crossing the state border of the Russian Federation when leaving the Russian Federation and entering to the Russian Federation;

i) a certificate from a dacha, garden, garden partnership confirming the period of the citizen's temporary stay at the location of the dacha, garden, garden partnership;

j) other documents that, in the opinion of the consumer, confirm the fact and duration of the temporary absence of the consumer in the residential premises.

86. In the event of a temporary, that is, more than 5 full calendar days in a row, absence of a consumer in a residential area that is not equipped with an individual or common (apartment) metering device, the amount of payment for the utility service provided to the consumer in such a residential area is recalculated, with the exception of utilities for heating and gas supply for the purpose of heating residential premises.

87. The amount of payment for the communal service for water disposal is subject to recalculation in the event that the amount of payment for the communal service for cold water supply and (or) hot water supply is recalculated.

88. Due to the temporary absence of the consumer in the residential premises, the amount of payment for utilities for general house needs is not subject to recalculation.

Actual non-residence refers to a temporary absence of more than 5 calendar days, because the apartment belongs to you. If you do not live, do not use electricity, then payment is out of the question: the meter is "worth it".

From this it follows that in practice you are obliged to recalculate (for the future upon presentation of any document) and not charge for cold and hot water supply, gas supply and disposal of solid waste (garbage). In any case, there is a maintenance fee. common property a residential building, payment for heating and payment for the cost of utility resources for general house needs (including electricity). In fact, the recalculation will reduce the total amount of payment for the month slightly.

Recalculation for the past three years can be made by agreement with these organizations or in court at your request.

Good luck. My answer is your feedback.