Resolution of the government of the Russian Federation of April 16, No. 354. On amendments to some acts of the government of the Russian Federation on the provision of public services. Implementation of changes to the Rules allows

Clarifications on certain issues of the application of the Rules for the provision of utilities, taking into account the changes introduced by the decrees of the Government of the Russian Federation of 04.16.2013 No. 344 and dated 19.09.2013 No. 824

On June 1, 2013, amendments to the Rules for the Provision of Utilities to Owners and Users of Premises in Apartment Buildings and Residential Buildings, approved by the Decree of the Government of the Russian Federation dated 06.05.2011 No. 354, introduced by the Government of the Russian Federation dated 16.04.2013 No. 344 (hereinafter referred to as the Rules) came into force ...

Changes to the Rules provide for the following:

1. Payment for water disposal for general house needs is excluded.

2. Payment for heating for general house needs is excluded.

3. The standards for the consumption of communal services for cold and hot water supply for general household needs have been significantly reduced by 9 and 6 times, respectively.

4. It is envisaged to introduce, from January 1, 2015, increasing coefficients to the standards for the consumption of public services, in the case of not installing individual (apartment) metering devices, if there is a technical possibility of their installation.

5. A procedure has been introduced for drawing up an act on establishing the number of temporary residents (not registered in a residential building in accordance with the established procedure) with the establishment of the possibility of recalculating the amount of payment.

6. In the presence of general house metering devices, the amount of payment for cold, hot water supply and for electricity supply for general house needs should not be higher than calculated according to the consumption standards established by the Committee on Tariffs of St. Petersburg.

At the same time, by the decision of the general meeting of owners of premises in an apartment building, other decisions may be made on the distribution of communal resources for general house needs.

7. When revealing the fact of providing a utility service of inadequate quality (deviation in hot water temperature, change in water properties: color, odor, etc.), the procedure for establishing the fact of providing a utility service of inadequate quality for subsequent recalculation of payments is simplified.

Decree of the Government of the Russian Federation of September 19, 2013 No. 824 established the obligation of the management organization, HOA, ZhK, ZhKK to commission individual metering devices without charging the consumer. Thus, the specified service is carried out is free.

Implementation of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by the Decree of the Government of the Russian Federation dated 06.05.2011 No. 354 in St. Petersburg

(as amended on 16.04.2013 No. 344)

Changes to the Rules provide for the following:

Establishment of payments for utilities provided for general household needs in an amount not exceeding the standard for consumption of utilities for general household needs;

Elimination of the obligation to provide consumers with information on meter readings on a monthly basis within a fixed time frame;

Simplification of the procedure for establishing the fact of the provision of public services of inadequate quality;

The exclusion of the obligation to pay for the communal service of sewage provided for general household needs (based on clause 4 of the Rules);

Determination of the composition of the common property of the owners of premises in an apartment building, used to calculate the amount of payment for utilities for water supply provided for general house needs;

Introduction of the obligation to recalculate the amount of utility bills based on the results of reconciliation of meter readings;

Application from January 1, 2015 of increasing coefficients that increase the standard of consumption of public services, in the absence of collective (general house) metering devices and (or) individual, general (apartment) metering devices, if there is a technical possibility of their installation;

The procedure for drawing up an act on establishing the number of temporary residents (not registered in a residential building in accordance with the established procedure) with the establishment of the possibility of recalculating the amount of payment on the basis of protocols on administrative offenses provided for in Art. 19.15 Administrative Code of the Russian Federation.

Implementation of changes to the Rules allows:

Encourage organizations that manage apartment buildings to implement energy saving measures in order to ensure the rational use of utility resources;

Reduce the burden on consumers of utilities by eliminating the obligation to provide monthly information on meter readings;

Encourage owners of premises in an apartment building to install metering devices;

Reduce the amount of payments for utilities provided for general household needs (by eliminating the obligation to pay for utility services for water disposal provided for general household needs, as well as improving the procedure for calculating the rate of consumption of utility services for water supply).

The Committee on Tariffs of St. Petersburg, by order No. 97-r dated 05/27/2013, approved new standards for consumption of cold and hot water supply for general household needs and new standards for heating:

Consumption standards for cold and hot water supply for general household needs have been reduced by 9 and 6 times, respectively, and amount to 0.03 cubic meters per square meter of common property premises,

The consumption standard for wastewater disposal for general household needs has been excluded;

- the standard for heating for general house needs is excluded, while the consumption standard for heating a dwelling includes a component for general house needs, as it was before 09/01/2012. The consumption standards for heating utilities have been reduced by 5% compared to those in force before 01.06.2013 (in comparable conditions).

Establishing the Fact of Providing Utilities of Inadequate Quality

From 01.06.2013, the procedure for establishing the fact of the provision of communal services of inadequate quality has been simplified.

If the contractor fails to check within a period of not more than 2 hours from the moment of receipt of the message from the consumer to the emergency dispatch service, unless otherwise agreed with the consumer, the consumer has the right to draw up an act in the absence of the contractor with the involvement of at least 2 consumers and the chairman Council of an apartment building, or the chairman of the HOA, ZhSK, ZhK.

In this case, the date and time of the beginning of the violation of the quality of the utility service recorded in the act are the date and time from which it is considered that the service is provided with quality violations (for subsequent recalculation).

The procedure for determining the composition of the common property of owners of premises in an apartment building, used to calculate the amount of payment for utilities for water supply provided for general house needs.

From June 1, 2013, the concept of the total area of premises included in the common property in an apartment building has been included in the Rules in order to determine the volume of communal resources (cold water, hot water, electricity) for general needs for residential or non-residential premises in an apartment building : the total area of inter-apartment staircases, staircases, corridors, vestibules, halls, lobbies, wheelchairs, security (concierge) premises that do not belong to individual owners.

When determining the area that is part of the common property in an apartment building, one should be guided by the letter of the Committee on Tariffs of St. Petersburg dated 07.09.2012 No. 01-14-1769 / 12-0-0.

The ratio of the "area of premises of the common property of a house" and "the total area of residential and non-residential premises" directly affects the amount of payment for utilities for general needs of the house.

The average percentage of the ratio of the area of common property premises to the total area of residential and non-residential premises of apartment buildings according to the analysis of 8118 technical passports of apartment buildings is 12.5%. At the same time, in accordance with the technical passport of the house and the planning features, the area of the premises of the common property can be a larger percentage, which is not a mistake.

As examples:

1. The total area of residential and non-residential premises is 11,628.61 sq.m, the area of the premises of the common property of the house is 982.45 sq.m, the area of the apartment is 62.74 sq.m.

The share of the area of common property allocated to the specified apartment will be 5.3 square meters (8.4%).

0.03 cubic meters * 5.3 square meters * 20.38 rubles. per cubic meter = 3.2 rubles.

0.03 cubic meters * 5.3 square meters * 81.08 rubles. per cubic meter = 12.89 rubles.

2. The total area of residential and non-residential premises is 4265.6 square meters, the area of premises of the common property of the house is 837 square meters, the area of an apartment is 67.6 square meters.

The share of the area of common property allocated to the specified apartment will be 13.26 square meters (19.6%).

The amount of payment for cold water supply for general household needs per month will be no more than:

0.03 cubic meters * 13.26 sq.m * 20.38 rubles. per cubic meter = 8.11 rubles.

The amount of payment for hot water supply for general household needs per month will be no more than:

0.03 cubic meters * 13.26 sq.m * 81.08 rubles. per cubic meter = 32.25 rubles.

Household consumption.

P one i = V one i * T cr,(formula 10)

P one i- the amount of payment for a utility service provided for general house needs in an apartment building, for the i-th dwelling (apartment);

V one i- the volume (quantity) of the communal resource provided for the billing period for general house needs in an apartment building and attributable to the i-th dwelling (apartment);

T cr- the tariff for a utility resource, established in accordance with the legislation of the Russian Federation.

, (formula 11)

V i single 1- the volume (amount) of cold water for the i-th dwelling (apartment) provided for the billing period for general house needs in an apartment building equipped with a collective (common house) cold water meter;

V d- the volume (amount) of cold water consumed during the billing period in an apartment building, determined according to the indications of a collective (common house) cold water meter;

V u tender- the volume (amount) of cold water consumed during the billing period in the u-th non-residential premises;

V v lived n- the volume (amount) of cold water consumed during the billing period in the v-th living room (apartment), not equipped with an individual or general (apartment) metering device;

V w living p- the volume (amount) of cold water consumed during the billing period in the w-th living room (apartment) equipped with an individual or common (apartment) cold water meter, determined according to the readings of such a meter;

V i gv- the volume (amount) of hot water (in the case of independent production by the contractor of the utility service for hot water supply (in the absence of centralized hot water supply)) consumed during the billing period in the i-th residential premises (apartment) or non-residential premises in an apartment building;

V kr - the volume of cold water used by the contractor in the production of communal heating services (in the absence of district heating), which, in addition, was also used by the contractor in order to provide consumers with communal services for cold water supply;

S i

S about

Household consumption

, (formula 12)

V i single 2- the volume (amount) of hot water, gas, domestic waste water and electric energy for the i-th residential premise (apartment) provided for the billing period for general house needs in an apartment building equipped with a collective (general house) metering device of the corresponding type of communal resource;

V d- the volume (quantity) of the communal resource consumed for the billing period in an apartment building, determined according to the indications of the collective (common house) metering device of the communal resource;

V u tender- the volume (quantity) of the communal resource consumed during the billing period in the u-th non-residential premises;

V v lived n- the volume (quantity) of the communal resource consumed during the billing period in the v-th living room (apartment), not equipped with an individual or general (apartment) metering device;

V w living p- the volume (quantity) of the communal resource consumed during the billing period in the w-th living room (apartment) equipped with an individual or common (apartment) metering device of the corresponding type of communal resource, determined according to the indications of such a meter;

V cr is the volume of the corresponding type of communal resource (electric energy, gas) used during the billing period by the contractor in the production of communal services for heating and (or) hot water supply (in the absence of centralized heating and (or) hot water supply), which, in addition, was also used the contractor in order to provide consumers with utility services for electricity and (or) gas supply;

S i- the total area of the i-th dwelling (apartment) in an apartment building;

S about- the total area of all residential premises (apartments) and non-residential premises in an apartment building.

Heating

Individual consumption

, (formula 3)

V D- the volume (amount) of heat energy consumed for the billing period, determined according to the indications of the collective (common house) heat energy meter, which is equipped with an apartment building;

S i - the total area of the i-th residential or non-residential premises;

The total area of all residential and non-residential premises of an apartment building;

Т Т - the tariff for heat energy, established in accordance with the legislation of the Russian Federation.

The volume of heat energy according to the general metering device - 57.405 Gcal

Tariff per volume unit - 1351.25 rubles / Gcal

The area of residential and non-residential premises in the house - 1501.99 sq.m

Apartment area - 31 sq.m

Changes to the Rules provide for the following:

1. Payment for water disposal for general house needs is excluded.

2. Payment for heating for general house needs is excluded.

3. The standards for the consumption of communal services for cold and hot water supply for general household needs have been significantly reduced by 9 and 6 times, respectively.

6. In the presence of general household metering devices, the amount of payment for cold and hot water supply for general household needs should not be higher than calculated according to the consumption standards established by the Committee on Tariffs of St. Petersburg.

At the same time, by the decision of the general meeting of owners of premises in an apartment building, other decisions may be made on the distribution of communal resources for general house needs.

And now, again the war.
This time I decided to blog,
suddenly someone else will come in handy
or someone will advise something useful.

A bit of history.

I live in a relatively recently built brick 9-storey building and I have a one-room apartment in this house. I looked at the amounts for heat supply billed to me and was simply amazed at their size. I decided to install a meter, the story was long and took more than ten months instead of ten days, as expected. But I installed the meter, and for the heating period I paid more than 3 times less than I was charged before installation. So, a new heating period has come and they again began to issue invoices to me at the general metering center. I call, I ask, I say that I consumed heat for 150 rubles, and they charged 1800 rubles. And then from the tube: "We cannot work illegally, the Resolution of the Government of the Russian Federation of 04/16/2013 N 344 was issued, which says that you can throw out your meter."

I open the resolution and read it.

The consumer of the heating utility pays a fee for this service in aggregate without dividing it into the payment for the consumption of the specified service in the residential (non-residential) premises and the payment for its consumption for general household needs.
The consumer of the utility service for heating and (or) hot water supply, produced and provided by the contractor to the consumer in the absence of centralized heating and (or) hot water supply systems, makes a total payment for such a utility service, calculated in accordance with paragraph 54 of these Rules and including both payment for a utility service provided to a consumer in a residential or non-residential premises, as well as a payment for a utility service provided for general household needs. ";
h) in clause 42:
the first paragraph after the words "metering device," add the words "except for utility bills for heating,";
the third paragraph shall be declared invalidated;
i) add clause 42 (1) as follows:
"42 (1). In the absence of a collective (common house), common (apartment) and individual metering devices in all residential or non-residential premises of an apartment building, the amount of payment for the utility service for heating is determined in accordance with formula 2 of Appendix No. 2 to these Rules based on the consumption rate of the utility service.
In an apartment building, which is equipped with a collective (common building) metering device for heat energy and in which not all residential or non-residential premises are equipped with individual and (or) general (apartment) metering devices (distributors) of heat energy, the amount of payment for a utility service for heating in a residential area the room is determined in accordance with formula 3 of Appendix No. 2 to these Rules based on the indications of the collective (common house) metering device for heat energy.
In an apartment building, which is equipped with a collective (common building) metering device for heat energy and in which all residential and non-residential premises are equipped with individual and (or) general (apartment) metering devices (distributors) of heat energy, the amount of payment for utility services for heating in residential and non-residential premises is determined in accordance with formula 3 (1) of Appendix No. 2 to these Rules based on the indications of individual and (or) general (apartment) heat energy meters. ";

That is, if at least one apartment, or a change house, where the janitor puts a shovel, does not have a counter, then we take the consumption of the whole house, divide it by the number of squares owned and multiply by the number of "my" squares. And the fact that a neighbor regulates the temperature with a window, and I have automatic equipment, plus very costly work has been done to reduce heat loss, does not interest anyone.

1. The energy supplying organization is obliged to supply the subscriber with energy through the connected network in the amount stipulated by the energy supply agreement, and in compliance with the supply regime agreed by the parties. The amount of energy supplied to the subscriber and used by him is determined in accordance with the accounting data on its actual consumption.
(as amended by Federal Law dated 26.03.2003 N 37-FZ)
2. The power supply contract may provide for the subscriber's right to change the amount of energy he receives, determined by the contract, subject to reimbursement of expenses incurred by the power supply organization in connection with ensuring the supply of energy not in the amount specified in the contract.
3. In the case when a citizen who uses energy for household consumption acts as a subscriber under an energy supply contract, he has the right to use energy in the amount he needs.

Here: "The amount of energy supplied and used by the subscriber is determined in accordance with the accounting data on its actual consumption."
And who, if not a meter, does not participate in the formula that our "respected" government has indicated, will show my actual consumption (yes, here we need to add public places, but not to the same extent). There is some kind of "inconsistency". Looking for what to do in this case?

Yeah, we find, in the same Civil Code of the Russian Federation:

Article 3. Civil legislation and other acts containing civil law norms

1. In accordance with the Constitution of the Russian Federation, civil legislation is under the jurisdiction of the Russian Federation.
2. Civil legislation consists of this Code and other federal laws (hereinafter referred to as laws) adopted in accordance with it, regulating the relations specified in paragraphs 1 and 2 of Article 2 of this Code.
The norms of civil law contained in other laws must comply with this Code.
3. The relations specified in clauses 1 and 2 of Article 2 of this Code may also be regulated by decrees of the President of the Russian Federation, which should not contradict this Code and other laws.
4. On the basis of and in pursuance of this Code and other laws, decrees of the President of the Russian Federation, the Government of the Russian Federation shall have the right to adopt resolutions containing the norms of civil law.
5. If a decree of the President of the Russian Federation or a resolution of the Government of the Russian Federation contradicts this Code or another law, this Code or the corresponding law shall apply.
6. The operation and application of the norms of civil law contained in the decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation (hereinafter referred to as other legal acts) are determined by the rules of this chapter.
7. Ministries and other federal executive bodies may issue acts containing civil law norms in cases and within the limits provided for by this Code, other laws and other legal acts.

This means that if our government at the next meeting did not have the head, but the place where it "sat", then we apply the law, and not their "order".
And in accordance with the law on consumer rights, if the service is not provided in the amount in which they require payment for it, then the party providing the service (heat supply) must return this difference, and then charge "at least somehow commensurate with the actually consumed volume ".

I will sue. But I think there is no need to rush, first I will write a claim asking for a recount. Naturally, no one will rush to count. But this will be taken into account by the court as an attempt at pre-trial settlement.
Today is Monday, they are closed. I will make a claim tomorrow. I will post the text of the claim after I register at the reception.

Unfortunately, I am a mathematician, not a lawyer, I don’t complain about the lack of logic, but I do not know the legislation at the level of a lawyer. If any of the lawyers leaves a sensible comment or suggestion, I will be grateful. Please leave only comments on the merits, comments that will not benefit anyone anyway (like: it's still useless, yes, in our government, "radishes", etc. I will mercilessly clean up from time to time.

To everyone who mastered my "lyrics" to the end, thanks, who decides to help with practical advice, welcome.

Help to the Decree of April 16, 2013 No. 344 on amendments to some acts of the Government of the Russian Federation on the provision of public services

The document was developed by the Ministry of Regional Development of Russia.

In accordance with the decisions taken by the President of the Russian Federation (No. Pr-340 of February 19, 2013) and the Government of the Russian Federation (No. DK-P9-21pr of February 2, 2013), the Resolution makes the following changes to the services, approved by the Decree of the Government of the Russian Federation dated May 23, 2006 No. 306, and the Rules for the provision of communal services to owners and users of premises in apartment buildings and residential buildings, approved by the Resolution of the Government of the Russian Federation dated May 6, 2011 No. 354:

- the establishment of payments for utilities provided for general household needs, in an amount that does not exceed the standard for consumption of utilities for general household needs;
- exclusion of the obligation to provide consumers with information on meter readings on a monthly basis within a fixed time frame;
- simplification of the procedure for establishing the fact of the provision of communal services of inadequate quality;
- the exclusion of the obligation to pay for the communal service of sewerage provided for general household needs;
- determination of the composition of the common property of the owners of premises in an apartment building, used to calculate the amount of payment for utilities for water supply provided for general house needs;
- introduction of the obligation to recalculate the amount of utility bills based on the results of reconciliation of meter readings;
- the application from January 1, 2015 of increasing coefficients that increase the standard of consumption of public services, in the absence of collective (common house) metering devices and (or) individual, common (apartment) metering devices, if there is a technical possibility of their installation;
- the procedure for drawing up an act on establishing the number of temporary residents (not registered in a dwelling in the prescribed manner) with the establishment of the possibility of recalculating the amount of payment on the basis of protocols on administrative offenses provided for in Article 19.15 of the Code of Administrative Offenses of the Russian Federation.

The document is aimed at improving the legislation governing the provision of public services.

The implementation of the Resolution will allow:

- to stimulate organizations that manage apartment buildings to implement energy saving measures in order to ensure the rational use of utility resources;
- to reduce the burden on consumers of utilities by eliminating the obligation to provide monthly information on meter readings;
- to encourage owners of premises in an apartment building to install metering devices;
- to reduce the amount of payment for utilities provided for general household needs (by eliminating the obligation to pay for utility water disposal services provided for general household needs, as well as improving the procedure for calculating the rate of consumption of public water supply services).

* * *

Resolution of April 16, 2013 No. 344

On amendments to some acts of the Government of the Russian Federation on the provision of public services

The Government of the Russian Federation decides:

1. To approve the attached amendments to the acts of the Government of the Russian Federation on the provision of public services.

2. The state authorities of the constituent entities of the Russian Federation shall, by June 1, 2013, ensure that the regulatory legal acts of the constituent entities of the Russian Federation are brought in line with the changes approved by this resolution.

3. To recommend that local government bodies ensure by holding general meetings of owners of premises
In apartment buildings, informing the owners of premises directly managing apartment buildings about energy saving measures if the volume of communal resources consumed for general house needs, determined on the basis of indications of collective (general house) metering devices, exceeds the corresponding consumption standards.

4. Establish that:
1) clause 1 of the changes approved by this resolution shall enter into force 7 days after the date of official publication of this resolution;
2) clause 2 of the amendments approved by this resolution shall enter into force on June 1, 2013, with the exception of subparagraphs "c"
and "t", which come into force on January 1, 2015.

Prime Minister
Russian Federation D. Medvedev

"3. The standard of consumption of utility services for heating in residential premises (Gcal per month per 1 sq. M of the total area of all residential and non-residential premises in an apartment building or residential building) is determined by the following formula:

(formula 5)

The total consumption of thermal energy for heating apartment buildings or residential buildings during the heating period, determined according to the indications of collective (general) metering devices in apartment buildings or individual metering devices in residential buildings (Gcal);

The total area of all residential and non-residential premises in apartment buildings or the total area of residential buildings (sq. M);

A period equal to the duration of the heating period (the number of calendar months, including incomplete ones, in the heating season), in which the total consumption of heat energy for heating apartment buildings or residential buildings was measured. ";

The words "and also" shall be excluded;

Supplement with the words ", as well as the procedure and conditions for receiving readings from metering devices";

The use of increasing coefficients in determining the standards for the consumption of communal services in residential premises and provided for general house needs (with the exception of communal services for gas supply and wastewater disposal for general house needs) if it is technically possible to install collective (general house), individual or general (apartment) metering devices is provided The rules for the establishment and determination of standards for the consumption of utilities, approved by the Government of the Russian Federation of May 23, 2006 N 306 (hereinafter referred to as Rules N 306), as well as by the decrees of the Government of the Russian Federation of April 16, 2013 No.