Article 117 of the Decree of the Government of the Russian Federation 354. VI. The procedure for calculating and making payments for utilities. II. Conditions for the provision of public services

Approved

Government Decree

Russian Federation

REGULATIONS
PROVISION OF PUBLIC SERVICES TO OWNERS
AND USERS OF PREMISES IN APARTMENT BUILDINGS
AND RESIDENTIAL BUILDINGS

Decree of the Government of the Russian Federation of May 6 No. 354 (in ed. dated 09/09/2017) "On the provision of utility services to owners and users of premises in apartment buildings and residential buildings" (together with the "Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings")

VII. The procedure for accounting for utilities using metering devices, the grounds and procedure for checking the condition of metering devices and the correctness of taking their readings

VIII. The procedure for recalculating the amount of payment for certain types of utilities for the period of temporary absence of consumers in the occupied residential premises that are not equipped with an individual and (or) common (apartment) metering device

I X. Cases and grounds for changing the amount of payment for utility services when providing utilities of inadequate quality and (or) with interruptions exceeding the established duration, as well as during interruptions in the provision of utility services for repair and maintenance work within the established duration of breaks

X. The procedure for establishing the fact of the provision of public services of inadequate quality and (or) with interruptions exceeding the established duration

XIII. Features of the provision of utility services for gas supply to consumers through a centralized gas supply network

Annex No. 1. To the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings. REQUIREMENTS FOR THE QUALITY OF PUBLIC SERVICES

Annex No. 2. To the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings. CALCULATION OF PAYMENTS FOR UTILITY SERVICES

I. Calculation of the amount of payment for the utility service provided to the consumer for the billing period in the i-th residential premises (residential building, apartment) or non-residential premises

II. Calculation of the amount of payment for the utility service provided to the consumer for the billing period in the j-th room (rooms) occupied by him in the i-th communal apartment

II(1). Fee Calculationfor a utility service for handling solidsmunicipal waste provided to the consumerfor the billing period in the i-th residential premises (residential building,apartment) or non-residential premises, as well as in the occupiedin the j-th room(s) in the i-th communal apartment

III. Calculation of the amount of payment for a utility service provided for the billing period for general house needs in an apartment building

IV. Calculation of the amount of payment for a utility servicefor heating and (or) hot water supply,provided for the billing period to the consumerin a residential (apartment) or non-residential premiseswith independent production by the performerin an apartment building with public servicesfor heating and (or) hot water supply

V. The amount of payment for the utility service provided for the billing period to the consumer in the household when he uses the land plot and the outbuildings located on it, if the household is not equipped with an individual meter for the corresponding type of communal resource

Government of the Russian Federation decides:

1. Approve the attached changes that are made to the acts of the Government of the Russian Federation on the management of apartment buildings.

2. Establish that subparagraph "h" of paragraph 4 1 of the Regulations on licensing business activities for the management of apartment buildings, approved by Decree of the Government of the Russian Federation of October 28, 2014 N 1110 "On licensing business activities for the management of apartment buildings" (as amended by this resolution ), applies from March 1, 2019, paragraph 4 2 of the said Regulations (as amended by this resolution) is applied after 10 days from the date of entry into force of this resolution.

Chairman of the Government of the Russian Federation

D. Medvedev

Changes that are made to the acts of the Government of the Russian Federation on the management of apartment buildings

1. In the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491 "On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration "(Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2006, N 34, art. 3680; 2016, N 1, art. 244):

a) subparagraph "e 1" of paragraph 26 shall be stated as follows:

"e 1) a register of owners of premises in an apartment building, the maintenance of which is provided for by part 3 1 of article 45 of the Housing Code of the Russian Federation, as well as a list of persons using common property on the basis of agreements drawn up taking into account the requirements of the legislation of the Russian Federation on the protection of personal data (by decision of the general meetings of owners of premises in an apartment building);";

b) in paragraph 27, the words "technical documentation for an apartment building and other documents, make the necessary changes related to the management of common property" shall be replaced by the words "technical documentation for an apartment building and other documents related to the management of such an apartment building, keys to the premises, included in the common property, electronic access codes to the equipment included in the common property, and other technical means and equipment necessary for the operation and management of the apartment building, to make the necessary changes in such documents related to the management of the common property.

2. In the Rules for the implementation of activities for the management of apartment buildings, approved by the Decree of the Government of the Russian Federation of May 15, 2013 N 416 "On the procedure for the implementation of activities for the management of apartment buildings" (Collected Legislation of the Russian Federation, 2013, N 21, Art. 2652; 2016 , N 1, item 244; 2018, N 15, item 2113):

a) in paragraph 4:

subparagraph "a" after the words "provided by the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491," add the words "keys to the premises that are part of the common property of the owners of premises in an apartment building, electronic access codes to equipment that is part of the common property in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building (hereinafter referred to as technical documentation for an apartment building and other documents related to the management of such an apartment building, technical means and equipment),";

subparagraph "b" shall be stated in the following wording:

"b) maintaining a register of owners of premises in an apartment building in accordance with Part 3 1 of Article 45 of the Housing Code of the Russian Federation, collecting, updating and storing information about tenants of premises in an apartment building, as well as about persons using the common property of owners of premises in an apartment building on on the basis of contracts (by decision of the general meeting of owners of premises in an apartment building), including the maintenance of up-to-date lists in electronic form, taking into account the requirements of the legislation of the Russian Federation on the protection of personal data;";

paragraph seven of subparagraph "e" after the words "communal services of the appropriate type" shall be supplemented with the words "and the acquisition of communal resources consumed in the use and maintenance of common property in an apartment building";

in the fourth paragraph of subparagraph "g" the words "resource supply in order to ensure the provision in accordance with the established procedure to the owners and users of premises in an apartment building of a utility service of the appropriate type" shall be replaced by the words "energy supply (purchase and sale, supply of electric energy (capacity), heat supply and (or) hot water supply, cold water supply, sewerage, gas supply (including the supply of household gas in cylinders) in order to ensure the provision of the appropriate type of utility services to the owners and users of premises in an apartment building and the acquisition of communal resources consumed in the use and maintenance of common property in an apartment building ";

b) in the title of Section V, the words "documents related to the management of this building" shall be replaced by the words "documents, technical means and equipment related to the management of such an apartment building";

c) in paragraph 19 the words "other documents related to the management of an apartment building" shall be replaced by the words "and other documents, technical means and equipment related to the management of such an apartment building";

d) clause 21 shall be stated as follows:

"21. If the organization that previously managed the apartment building does not have one or more documents that are part of the technical documentation for the apartment building, and other documents, technical means and equipment related to the management of such an apartment building, such an organization is obliged within 3 months from the date of receipt notification provided for in paragraph 18 of these Rules, take measures to restore them and, in the manner provided for in paragraph 22 of these Rules, transfer them under a separate acceptance certificate to an organization chosen by the owners of premises in an apartment building to manage this house, to the management body of a partnership or cooperative, or in the case of direct management of such a house by the owners of the premises in this house, to one of the owners indicated in the decision of the meeting on the choice of the method of managing this house.

e) clause 22 after the words "other documents related to the management of this house" shall be supplemented with the words "technical means and equipment";

f) paragraph 23 after the words "other documents related to the management of this house," add the words "technical means and equipment";

g) the first paragraph of clause 25 shall be stated as follows:

"25. In the event that information about an apartment building is excluded from the register of licenses of a constituent entity of the Russian Federation, and also if the license is terminated or the license is canceled, the managing organization transfers to the person who assumed the obligation to manage the apartment building, under a separate act of acceptance technical documentation for an apartment building and other documents, technical means and equipment related to the management of such a house, as well as documents and information specified in subparagraphs "e" and "e 1" of paragraph 18 of the Rules, mandatory upon conclusion by a managing organization or a homeowners association or housing cooperative or other specialized consumer cooperative of agreements with resource-supplying organizations approved by Decree of the Government of the Russian Federation of February 14, 2012 N 124, paragraph 56 1 and subparagraph "b" of paragraph 57 of the Rules for the provision of utility services to owners and users of premises in a multi-quarter residential buildings and residential buildings approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354.".

3. In paragraph 11 of the Regulations on State Housing Supervision, approved by Decree of the Government of the Russian Federation of June 11, 2013 N 493 "On State Housing Supervision" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2013, N 25, Art. 3156; 2017, N 38, Article 5628, N 41, Article 5965):

a) subparagraph "a" shall be supplemented with the following paragraphs:

"the reasonableness of the amount of the fee for the maintenance of residential premises for owners of residential premises who have not made a decision on the choice of the method of managing an apartment building, the decision to establish the amount of the fee for the maintenance of residential premises, and compliance with the limit indices for changing the amount of such a fee;

the procedure for placing information in the state information system of housing and communal services in accordance with the legislation of the Russian Federation.";

b) add subparagraph "a 1" of the following content:

"a 1) the requirements of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance of residential premises in the event of the provision of services and the performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491 "On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in apartment building of inadequate quality and (or) with interruptions exceeding the established duration", Rules for the provision of utility 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 N 354 "On pr provision of utility services to owners and users of premises in apartment buildings and residential buildings";".

4. In the Regulations on the Chief State Housing Inspector of the Russian Federation, approved by Decree of the Government of the Russian Federation dated September 12, 2014 N 927 "On the Chief State Housing Inspector of the Russian Federation and the procedure for agreeing on the appointment to and dismissal of the head of the executive body of the constituent entity of the Russian Federation exercising regional state housing supervision" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2014, N 38, art. 5068):

a) paragraph 4 shall be supplemented with subparagraph "e" of the following content:

"e) ensuring that the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) (hereinafter referred to as the highest official of a constituent entity of the Russian Federation) is sent a submission on the dismissal of the head of the state housing supervision body.";

b) in paragraph 5:

in subparagraph "f" the words "(the head of the highest executive body of state power of a constituent entity of the Russian Federation) (hereinafter referred to as the highest official of a constituent entity of the Russian Federation)" shall be excluded;

add subparagraphs "p" and "p" of the following content:

"p) issues, in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation, orders (instructions) on the appointment of an unscheduled inspection for its conduct by the state housing supervision body, the municipal housing control body (in cases where the state authorities of the constituent entities of the Russian Federation endow the authorized bodies of local self-government with separate state powers to conduct inspections in the exercise of license control) in the form approved by the Ministry of Construction and Housing and Communal Services of the Russian Federation;

p) sends to the highest official of the constituent entity of the Russian Federation, in the manner established by the Ministry of Construction and Housing and Communal Services of the Russian Federation, a submission on the dismissal of the head of the body of state housing supervision.

5. In the Regulation on licensing business activities in the management of apartment buildings, approved by Decree of the Government of the Russian Federation of October 28, 2014 N 1110 "On licensing business activities in the management of apartment buildings" (Collected Legislation of the Russian Federation, 2014, N 44, Art. 6074 ; 2016, N 1, item 244):

a) in paragraph 3:

the first paragraph shall be amended as follows:

"3. Licensing requirements for the licensee, in addition to the requirements provided for in clauses 1-6 1 of part 1 of Article 193 of the Housing Code of the Russian Federation, are the following requirements:";

subparagraph "c" shall be amended as follows:

"c) compliance with the requirements provided for by Part 3 1 of Article 45 of the Housing Code of the Russian Federation;";

add subparagraph "d" with the following content:

"d) compliance with the requirements provided for by Part 7 of Article 162 and Part 6 of Article 198 of the Housing Code of the Russian Federation.";

b) the second sentence of paragraph 4 shall be deleted;

c) add paragraphs 4 1 and 4 2 as follows:

"4 1. Gross violations of license requirements include:

a) violation of the license requirement provided for by subparagraph "a" of paragraph 3 of these Regulations, which caused harm to life or serious harm to the health of citizens, which is confirmed by a court decision that has entered into legal force;

b) violation of the license requirement provided for by subparagraph "a" of paragraph 3 of these Regulations, in terms of the licensee's failure to conduct strength and density tests (hydraulic tests) of input units and heating systems, flushing and adjustment of heating systems, performed in order to properly maintain heat supply systems (heating , hot water supply) in apartment buildings;

c) violation of the licensing requirement provided for by subparagraph "a" of paragraph 3 of this Regulation, in terms of failure to conclude within 30 calendar days from the date of commencement of the execution of the contract for the management of an apartment building contracts for the performance of work in order to properly maintain the systems of in-house gas equipment in accordance with the requirements established by Rules for the use of gas in terms of ensuring safety when using and maintaining in-house and in-house gas equipment when providing utility services for gas supply, approved by Decree of the Government of the Russian Federation of May 14, 2013 N 410 "On measures to ensure safety when using and maintaining in-house and in-house gas equipment", performance of maintenance work, including maintenance and repair of elevators, lifting platforms for the disabled in accordance with the requirements established by the Rules for the organization of safe use and maintenance of elevators, lifting platforms for the disabled, passenger conveyors (moving walkways) and escalators, with the exception of escalators in subways, approved by Decree of the Government of the Russian Federation of June 24, 2017 N 743 "On the organization of the safe use and maintenance of elevators, lifting platforms for the disabled , passenger conveyors (moving footpaths), escalators, with the exception of escalators in subways", except for the case of operation, including maintenance and repair of elevators, lifting platforms for the disabled, by managing organizations independently in accordance with the requirements established by the Rules organizing the safe use and maintenance of elevators, lifting platforms for the disabled, passenger conveyors (moving walkways) and escalators, with the exception of escalators in subways, approved by Decree of the Government of the Russian Federation of June 24, 2017 N 7 43 "On the organization of the safe use and maintenance of elevators, lifting platforms for the disabled, passenger conveyors (moving footpaths), escalators, with the exception of escalators in subways";

d) violation of the licensing requirement provided for by subparagraph "b" of paragraph 3 of these Regulations, in terms of the failure of the licensee to conclude, within 30 calendar days from the date of commencement of the execution of the contract for managing an apartment building, contracts with resource supply organizations for the purpose of acquiring communal resources consumed in the use and maintenance of common property in an apartment building;

e) violation of the license requirement, provided for by subparagraph "b" of paragraph 3 of these Regulations, in terms of the licensee's recognized debt or confirmed by a valid judicial act to the resource supply organization in the amount equal to or exceeding 2 average monthly payment obligations under the resource supply agreement concluded in order to ensure the provision to owners and users of premises in an apartment building of a utility service of the appropriate type and (or) the acquisition of communal resources consumed in the use and maintenance of common property in an apartment building, regardless of the fact of the subsequent payment of the specified debt by the licensee;

f) violation of the licensing requirement provided for by subparagraph "b" of paragraph 3 of these Regulations, in terms of refusal to transfer, carried out in cases provided for by the legislation of the Russian Federation, technical documentation for an apartment building and other documents related to the management of such an apartment building, keys to premises, included in the common property in an apartment building, electronic access codes to equipment included in the common property in an apartment building, and other technical means and equipment necessary for the operation and management of an apartment building (hereinafter referred to as technical documentation for an apartment building and other related with the management of such an apartment building, documents, technical means and equipment), which has assumed obligations for the management of an apartment building of a managing organization, a homeowners association, a housing cooperative, a housing construction cooperative, other specialized consumer cooperative, and in the case of direct management of an apartment building by the owners of premises in such a building, to one of the owners indicated in the decision of the general meeting of owners of premises on the choice of the method of managing the apartment building, or, if such an owner is not indicated, to any owner of premises in this house, or evasion from the transfer of technical documentation to an apartment building and other documents, technical means and equipment related to the management of such an apartment building to these persons, or a violation of the procedure and deadlines for the transfer of technical documentation to an apartment building provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them and other documents, technical means and equipment related to the management of such an apartment building;

g) violation of the licensing requirement provided for by subparagraph "d" of paragraph 3 of these Regulations, in terms of the non-cessation by the licensee of the activity of managing an apartment building within 3 days from the date of exclusion of information about such a house from the register of licenses of a constituent entity of the Russian Federation, with the exception of carrying out such activities in accordance with the provisions of Part 3 of Article 200 of the Housing Code of the Russian Federation;

h) violation of the license requirement, provided for by subparagraph "b" of paragraph 3 of these Regulations, in terms of violation by the licensee of the requirements for the implementation of emergency dispatch services, provided for in paragraph 13 of the Rules for the implementation of activities for the management of apartment buildings, approved by the Decree of the Government of the Russian Federation of May 15, 2013. N 416 "On the procedure for the implementation of activities for the management of apartment buildings."

4 2 . If the licensee repeatedly commits, within 12 months from the date of imposition of an administrative penalty for violation of license requirements, which is classified as gross violation of license requirements, gross violations of license requirements provided for in subparagraphs "a", "b", "d", "e" and " h" paragraph 4 1 of this Regulation, from the register of licenses of the constituent entity of the Russian Federation in accordance with part 5 2 of article 198 of the Housing Code of the Russian Federation, information about an apartment building or apartment buildings in respect of which such gross violations of license requirements have been committed is subject to exclusion.

If the licensee repeatedly commits, within 12 months from the date of imposition of an administrative penalty for violation of license requirements, which is classified as gross violation of license requirements, gross violations of license requirements provided for in subparagraphs "c", "f", "g" of paragraph 4 1 of these Regulations, in accordance with Part 5 2 of Article 198 of the Housing Code of the Russian Federation, information about all apartment buildings in respect of which the licensee carries out management activities is subject to exclusion from the register of licenses of a constituent entity of the Russian Federation.

d) subparagraph "e" of paragraph 5 shall be recognized as invalid;

e) paragraphs 8 and 9 after the words "on granting a license and documents" shall be supplemented with the words "as well as checking the compliance of the license applicant with the licensing requirements specified in paragraph 4 of these Regulations,";

f) the second sentence of paragraph 13 after the words "license requirements" shall be supplemented with the words "including gross violations of license requirements,";

g) paragraphs 17 and 18 shall be stated as follows:

"17. An application for renewal of a license shall be submitted to the licensing authority not earlier than 60 working days and not later than 45 working days before the date of expiration of the license.

The decision to renew the license is made by the licensing authority, provided that, as a result of the check of the licensee, the deadline for filing an application for the extension of the license is established, its compliance with the licensing requirements provided for in clauses 1-6 1 of part 1 of Article 193 of the Housing Code of the Russian Federation, as well as the absence of gross violations by the licensee of the license requirements provided for by subparagraphs "c" - "e" of paragraph 4 1 of these Regulations, and unfulfilled orders to eliminate gross violations of license requirements, the deadline for which has expired on the date of the specified audit. The term for such an audit may not exceed 30 calendar days.

18. An application for reissuing a license shall be submitted to the licensing authority no later than 15 working days from the date of occurrence of the event that is the basis for reissuing a license in accordance with Part 1 of Article 18 of the Federal Law "On Licensing Certain Types of Activities."

6. Paragraph three of subparagraph "k" of paragraph 4 of the amendments approved by Decree of the Government of the Russian Federation of March 27, 2018 N 331 "On amendments to certain acts of the Government of the Russian Federation on the implementation of activities for the management of apartment buildings and the maintenance of the common property of owners of premises in apartment buildings and invalidating certain provisions of certain acts of the Government of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2018, N 15, art. Accessibility refers to a distance of no more than 3 kilometers covered on foot.

APPENDIX No. 1 to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings

_________________________

1 The pressure in cold or hot water supply systems is measured at the tapping point during the hours of the morning maximum (from 7.00 to 9.00) or the evening maximum
(from 19.00 to 22.00).

2 Before determining the hot water temperature at the draw-off point, the water is drained for no more than 3 minutes.

3 An interruption in the provision of a utility power supply service is not allowed if it can lead to the disconnection of networks and equipment that is part of the common property in an apartment building, including pumping equipment, automatic technological protection devices and other equipment that ensures trouble-free operation of in-house engineering systems
and safe living conditions for citizens.

4 The consumer receives information about the availability of backup power supplies from the contractor.

5 The specified requirements apply at an outside air temperature not lower than the calculated one adopted when designing the heating system, subject to the implementation of measures for warming the premises (GOST R 51617-2000).

6 In case of application of paragraph 14 of this annex, paragraph 15 of this annex shall not apply from the moment the heating break begins.

7 Measurement of air temperature in residential premises is carried out in a room (if there are several rooms - in the largest living room), in the center of the planes spaced from the inner surface of the outer wall and the heating element at 0.5 m and in the center of the room (the point of intersection of the diagonal lines of the room) at a height 1m . In this case, the measuring instruments must comply with the requirements of the standards (GOST 30494-96).

Note. For the purpose of applying this Appendix, the current norms and requirements of the legislation of the Russian Federation on technical regulation, which establish mandatory requirements for the quality of the provision of public services, are subject to use. The GOSTs, SNiPs, SanPiNs given in this appendix are not exhaustive and are applied until other norms and requirements of the legislation of the Russian Federation on technical regulation regulating the same issues come into force.

Application №2
to the Rules for providing
public services to citizens

Calculation of the amount of payment for utilities

Si

N t- normative consumption of thermal energy for heating (Gcal/sq.m);

T T- tariff for heat energy established in accordance with the legislation of the Russian Federation (rubles/Gcal);

Until 06/08/2011

From 06/08/2011

2) the amount of payment for heating (rubles) in the i-th residential premises of an apartment building is adjusted once a year by the contractor according to the formula: = , (2) P k.p- the amount of payment for the thermal energy consumed in an apartment building (residential building), determined by the resource supply organization by calculation in the manner established by the legislation of the Russian Federation (rubles); Si- the total area of ​​the i-th premise (apartment) in an apartment building or the total area of ​​a residential building (sq. m); S D P fn.i- the total amount of payment for heating in the i-th residential building in an apartment building (residential building) for the past year (rubles);

2) has become invalid;

, (3)

n i- the number of citizens living (registered) in the i-th residential premises (apartment, residential building) (persons);

Nj- the standard for the consumption of the relevant utility service (for cold water supply, hot water supply and sanitation - cubic meters per month for 1 person; for electricity supply - kWh per month for 1 person);

Tky- the tariff for the corresponding communal resource, established in accordance with the legislation of the Russian Federation (for cold water supply, hot water supply and sanitation - rubles / cubic meter; for electricity - rubles / kWh);

Until 06/08/2011

From 06/08/2011

4) the amount of payment for cold water supply, hot water supply, water disposal and electricity supply (rubles) 1 time per quarter (if provided for by the contract - 1 time per year) is adjusted by the contractor according to the formula: = , (4) The amount of payment for the communal resource (cold water, hot water, electrical energy) consumed in an apartment building (residential building) and wastewater disposal (rubles), determined by the resource supply organization by calculation in the manner established by the legislation of the Russian Federation; Pnp- the total amount of payment, respectively, for cold water supply, hot water supply, electricity supply and sanitation in all residential premises (apartment, residential building) and non-residential premises of the house for the past year (rubles); Si- the total area of ​​the i-th premise (apartment) in an apartment building or the total area of ​​a residential building (sq. m); S D- the total area of ​​all premises (apartments, non-residential premises) in an apartment building or all premises of a residential building (sq. M);

4) has become invalid;

, (5)

Si- the total area of ​​the i-th premise (apartment) in an apartment building or the total area of ​​a residential building (sq. m);

N go-1- standard for gas consumption for heating residential premises in an apartment building or a residential building, including utility rooms of a residential building, including premises for keeping livestock, baths and greenhouses, established per unit area of ​​\u200b\u200bthe premises (cub. m / sq. m per month) ;

n i

Ngp- gas consumption standard for cooking (cubic meters per month for 1 person);

Ngv- gas consumption standard for water heating in the absence of centralized hot water supply (cubic meters per month for 1 person);

Tg- tariff (price) for gas established in accordance with the legislation of the Russian Federation (rubles/cubic meters).

2. When equipping an apartment building with collective (common house) metering devices and the absence of individual and common (apartment) metering devices, the amount of payment for utilities in a residential building is determined in the following order:

1) the amount of payment for cold water supply, hot water supply, gas supply and electricity supply (rubles) is determined by the formula:

V D- the volume (quantity) of a communal resource (cold water, hot water, gas or electric energy) actually consumed during the billing period, determined by the indication of a collective (common house) meter in an apartment building or in a residential building (cubic meters, kWh) ;

Vnki- the volume (quantity) of the communal resource (cold water, hot water, gas, electric energy) consumed during the billing period in the i-th non-residential premises (excluding common areas) (cubic meters, kWh), determined in accordance with paragraph 20 of the Rules for the provision of public services to citizens;

Tky- the tariff for the corresponding communal resource, established in accordance with the legislation of the Russian Federation (for cold water supply, hot water supply, gas supply and sanitation - rubles / cubic meter; for electricity - rubles / kWh);

n i- the number of citizens living (registered) in the i-th residential premises (apartment, communal apartment, residential building) (persons);

n D- the number of citizens registered at the place of residence and place of stay in all residential premises of the house, not equipped with individual metering devices (persons);

2) the amount of payment for heating (rubles) in the i-th residential premises of an apartment building is determined by the formula:

Si- the total area of ​​the i-th premise (apartment) in an apartment building or the total area of ​​a residential building (sq. m);

V t- average monthly consumption of thermal energy for heating for the previous year (Gcal/sq. m);

T T

In the absence of information on the volumes of consumption of thermal energy for the past year, the amount of payment for heating is determined by formula 1;

3) the amount of payment for heating in the i-th residential premises of an apartment building (rubles) is adjusted once a year by the contractor according to the formula:

Pk.np- the amount of payment for thermal energy, determined on the basis of the readings of collective (common house) metering devices installed in an apartment building (rubles);

Si- the total area of ​​the i-th premise (apartment, non-residential premises) in an apartment building or the total area of ​​a residential building (sq. m);

S D- the total area of ​​all premises in an apartment building or residential building (sq. M);

P fni- the total amount of payment for heating in the i-th residential building of an apartment building for the past year (rubles).

Until 06/08/2011

From 06/08/2011

in premises not equipped with metering devices, is determined by formula 3, and in rooms equipped with metering devices, is determined by the formula: , (9) V D- the volume (quantity) of a communal resource (cold water, hot water, gas or electric energy) actually consumed during the billing period, determined by the indication of a collective (common house) meter in an apartment building or in a residential building (cubic meters, kWh) ; V n.p. premises equipped with metering devices, measured by individual metering devices with common (apartment) metering devices (cubic meters, kWh); Vn.n- the total volume (quantity) of a communal resource (cold water, hot water, gas or electric energy) consumed during the billing period in premises not equipped with metering devices, determined on the basis of utility consumption standards according to formulas 1 and 3 (cubic meters, kWh); Vi.p.- volume (quantity) of a communal resource (cold water, hot water, gas or electric energy) consumed during the billing period in the i-th room equipped with a meter (excluding common areas), measured individual metering devices, and in communal apartments - common (apartment) metering devices(cubic meters, kWh); Tky- tariff for corresponding a communal resource established in accordance with the legislation of the Russian Federation (for cold water supply, hot water supply, gas supply and sanitation - rubles / cubic meter; for electricity - rubles / kWh);

1) the amount of payment (rubles) for cold water supply, hot water supply, gas supply, electricity supply in residential and non-residential premises equipped with an individual and (or) common (apartment) metering device or not equipped with an individual and (or) common (apartment) metering device, is determined by the formula: , (9) V D- the volume (quantity) of the communal resource (cold water, hot water, gas or electric energy) actually consumed during the billing period, determined by the readings of the collective (common house) meter in an apartment building or in a residential building (cubic meters, kWh) ; V n.p.- the total volume (quantity) of the communal resource (cold water, hot water, gas or electric energy) consumed during the billing period in residential or non-residential premises equipped with metering devices, measured by individual metering devices, and in communal apartments - by common (apartment) metering devices (cubic meters, kWh); Vn.n- the total volume (quantity) of the communal resource (cold water, hot water, gas or electric energy) consumed during the billing period in residential or non-residential premises not equipped with metering devices, a certain for living quarters- based on the standards for the consumption of utilities according to formulas 3 and 5, for non-residential premises - in accordance with paragraph 20 of these Rules(cubic meters, kWh); Vi- the volume (quantity) of the communal resource (cold water, hot water, gas or electric energy) consumed during the billing period in the i-volume residential or non-residential room equipped with a meter, measured individual metering device, and in communal apartments - a common (apartment) meter, or in the i-th residential or non-residential premises not equipped with a meter, determined for residential premises - based on the standards for the consumption of utilities according to formulas 3 and 5, for non-residential premises - in accordance with paragraph 20 of these Rules(cubic meters, kWh); Tky- the tariff for a communal resource established in accordance with the legislation of the Russian Federation (for cold water supply, hot water supply, gas supply and sanitation - rubles / cubic meter; for electricity - rubles / kWh);

Until 06/08/2011

From 06/08/2011

3) the amount of payment for heating in the i-th residential premises of an apartment building, equipped with metering devices(rub.), 1 time per year is adjusted by the contractor according to the formula: , (10) P k.p- the amount of payment for heat energy consumed over the past year in all premises (excluding common areas) determined on the basis of indications collective (common house) appliances P n.p- the amount of payment for thermal energy consumed during the billing period in rooms equipped with metering devices (excluding common areas), determined based on the readings of individual metering devices, in communal apartments - common (apartment) metering devices and the tariff for thermal energy, approved in accordance with the legislation of the Russian Federation (rubles); Pn.n S D.p.- the total area of ​​​​all rooms in an apartment building, equipped with individual or common (apartment) metering devices(sq. m); Si- total area of ​​the i-th room (apartment, non-residential premises) in an apartment building or the total area of ​​a residential building equipped with metering devices(sq. m);

3) the amount of payment for heating in the i-th residential or non-residential premises of an apartment building (rubles) is adjusted once a year by the contractor according to the formula: , (10) P k.p- the amount of payment for heat energy consumed over the past year in all premises, determined on the basis of indications collective (common house) device accounting and tariff for thermal energy, approved in accordance with the legislation of the Russian Federation (rubles); P n.p- the amount of payment for thermal energy consumed during the billing period in rooms equipped with metering devices, determined based on the readings of individual metering devices, in communal apartments - common (apartment) metering devices and the tariff for thermal energy, approved in accordance with the legislation of the Russian Federation ( rub.); Pn.n- the amount of payment for thermal energy consumed during the billing period in premises not equipped with metering devices, determined on the basis of the standard for consumption of thermal energy and the tariff for thermal energy approved in accordance with the legislation of the Russian Federation (rubles); S D- the total area of ​​all residential and non-residential premises in an apartment building (sq. M); Si- the total area of ​​the i-th premise (apartment, non-residential premises) in an apartment building (sq. m);

, (11)

P k.p- payment for thermal energy, determined using collective (common house) metering devices installed in an apartment building (rubles);

P n- payment for heat energy according to consumption standards in the u-th room not equipped with distributors (rubles);

k- number of apartments not equipped with heat distributors (pcs.);

m i.q- the share of payments attributable to the q-th distributor installed in the i-th room;

p- the number of distributors installed in the i-th room (pcs.);

mj- the share of payments attributable to the j-th distributor installed in an apartment building;

t- number of distributors installed in an apartment building (pcs.);

P fn.i- the total amount of payment for heating in the i-th residential building in an apartment building for the past year (rubles).

4. When equipping a communal apartment with common (apartment) metering devices and the absence of individual metering devices, the amount of payment for utilities in the j-th residential premises is calculated in the following order:

1) the amount of payment for cold water supply, hot water supply, gas supply, electricity supply or sanitation (rubles) is determined by the formula:

V j.i- the volume (quantity) of consumed cold water, hot water, gas (cubic meters), electrical energy (kWh) or the volume of discharged domestic wastewater (cubic meters) in the j-th living space of the i-th communal apartment;

Tky- the tariff for the corresponding communal resource, established in accordance with the legislation of the Russian Federation (for cold water supply, hot water supply, gas supply, sanitation - rubles / cubic meter; for electricity - rubles / kWh);

2) the volume (quantity) of consumed cold water, hot water, gas (cubic meters), electric energy (kWh) or the volume of domestic wastewater (cubic meters) in the j-th residential premises of the i-th communal apartment is calculated by the formula :

Vi- the volume (quantity) of consumed cold water, hot water, gas (cubic meters) or electric energy (kWh) in the i-th communal apartment, determined according to the readings of the general (apartment) metering device, or the volume of diverted effluents, calculated as a total the volume of consumed cold and hot water (cubic meters);

n j.i

n i

3) the amount of payment for heating in the j-th residential premises in the i-th communal apartment (rubles) is determined by the formula:

The volume (quantity) of thermal energy attributable to the i-th communal apartment (Gcal);

S j.i- living area of ​​the j-th dwelling (room, rooms) in the i-th communal apartment (sq. m);

S ki- total living area of ​​residential premises (rooms) in the i-th communal apartment (sq. m);

T T- tariff for heat energy established in accordance with the legislation of the Russian Federation (rubles/Gcal).

5. When equipping a communal apartment with common (apartment) and individual electrical energy meters, the amount of payment for lighting auxiliary premises, which are common property in a communal apartment, attributable to the j-th dwelling in the i-th communal apartment (rubles), is determined according to the formula:

Ei- the amount of electrical energy determined by the general metering device in the i-th communal apartment (kWh);

E j.i- the amount of electrical energy determined by the meter installed in the j-th residential premises in the i-th communal apartment (kWh);

r- the number of living quarters in the i-th communal apartment (pcs.);

n j.i- the number of citizens living in the j-th dwelling in the i-th communal apartment (persons);

n i- the number of citizens living in the i-th communal apartment (persons);

T E- electricity tariff established in accordance with the legislation of the Russian Federation (rubles/kWh).

6. In the event of repeated (2 or more times) refusal by the consumer to allow the contractor or a person authorized by him to enter the residential premises occupied by the consumer to take readings from individual metering devices, the amount of payment for utilities is determined in the manner specified in paragraph 1 of this annex, starting from the month , in which the consumer for the second time did not allow the indicated persons to take readings from individual metering devices, until the month (inclusive) in which the consumer eliminated the specified violation. At the same time, the contractor recalculates the amount of payment for utilities using the readings of metering devices in accordance with the Rules for the provision of public services to citizens.

From January 01, 2017, instead of the concept of "general house needs" (ODN), the concept of "communal resource for the maintenance of the common property of an apartment building" (KRSOY) appeared in the housing legislation. But neither before, nor now, ODN or KRSOI for heating was provided for in the norms of the law.

With this in mind, and enshrined in Appendix No. 2 of the Rules for the provision of public services, approved by Decree of the Government of the Russian Federation No. 354 of 05/06/2011 (hereinafter referred to as Rules 354), formulas for calculating utility services for heating.

In accordance with paragraph 40 of Rule 354, the consumer of the heating utility service, regardless of the chosen method of managing an apartment building, pays a fee for this service in aggregate without dividing it into a fee for the consumption of the specified service in a residential or non-residential premises and a fee for its consumption in order to maintain common property in apartment building.

The procedure for calculating the payment for the heating utility service is specified in paragraph 42 (1) of Rule 354 and depends on the presence or absence of individual (apartment) metering devices (IPU) in all residential premises of MKD and a common house metering device (ODPU).

But, apparently, in the future we will have big changes in the current housing legislation on this issue, and it is quite possible that the concept of KRSOI for heating will be introduced, thanks to the adopted July 10, 2018 by the decision of the Constitutional Court of the Russian Federation (CC RF) No. 30/P-18“In the case of checking the constitutionality of part 1 of article 157 of the Housing Code of the Russian Federation, paragraphs three and four of paragraph 421 of the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings in connection with a complaint from citizen S.N. Deminets".

Although, as practice shows, legislators can stretch the implementation of decisions of the Constitutional Court of the Russian Federation for several years. Yes, and how it will be changed is known only to higher powers, or rather, the Ministry of Construction of the Russian Federation and other developers of our not always adequate regulatory legal acts. But in this case, I would like to hope for a not too long resolution of the situation with the introduction of amendments to the regulatory legal acts on the calculation of payments for heating in apartment buildings, since the issue is urgent and the work of many managing organizations depends on its resolution. Although when the developers of laws and authorities cared about their problems ...

The owner of an apartment in an apartment building in the city of Pushkino, Moscow Region, applied to his managing organization for a recalculation of the heating utility service due to disagreement with how it was calculated. Accordingly, the managing organization refused to recalculate, as a result of which the disgruntled owner turned to the Pushkin City Court of the Moscow Region.

In the statement of claim, he asked the court to oblige the defendant to recalculate the heating utility service, taking into account the readings of individual meters for October, November and December 2016, while calculating the heating according to formulas 3 (3) and 3 (4) of Appendix No. 2 of Rule 354.

The court denied the claims. In the decision on case No. 2-1406/2017 dated April 6, 2017, he stated: “... The plaintiff's requirement to make payments for utilities only according to the readings of individual meters will exclude the payment by the owner of heating costs for general house needs, which is contrary to paragraph 40 of the Rules. Also unfounded is the claim for the recalculation of the heating service according to formulas 3 (3) and 3 (4) of Appendix No. 2 of Rule 354.

Claimant's argument about "more fair and legal payment for utilities for heating" under formulas 3 (3) and 3 (4) of Appendix No. 2 of Rule 354 is unfounded ».

Moscow Regional Court in Appellate ruling of the Judicial Collegium for Civil Cases No. 33-18852/2017 dated June 26, 2017 agreed with the decision of the court of first instance and dismissed the appeal of the owner of the dwelling in the MKD.

By the decision of the judge of the Moscow Regional Court dated September 29, 2017 refused to transfer the cassation appeal for consideration in the court session of the court of cassation.

However, the restless owner turned to the Constitutional Court of the Russian Federation for evidence of his innocence, where he filed an application for recognition of part 1 of Art. 157 of the Housing Code of the Russian Federation, the third and fourth paragraphs of clause 42(1) of Rules 354 are invalid, which on May 31, 2017, September 5, 2017, December 25, 2017 refused him this in all instances. This was followed by an appeal for the recognition of these norms as unconstitutional to the Constitutional Court of the Russian Federation, which adopted the above Resolution on the inconsistency of the Constitution of the Russian Federation with Part 1 of Art. 157 of the LC RF, third paragraph of clause 42(1) of Rules 354.

The Resolution of the Constitutional Court of the Russian Federation on the issue of compliance with the Constitution of the Russian Federation, paragraph 4 of clause 42 (1) of Rules 354 states that “... between topics paragraph four of clause 42(1) of these Rules expressly prescribes taking into account the readings of individual and (or) common (apartment) heat energy meters to determine the amount of payment for a utility service for heating in the premises of an apartment building, equipped with a collective (common house) heat meter, and therefore in itself cannot be regarded as violating the constitutional rights of the applicant in the aspect indicated by him. Consequently, in this part, his complaint, by virtue of paragraph 2 of Article 43 and Article 68 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", is not admissible, and proceedings in the present case in this part are subject to termination …»

Thus, the Resolution of the Constitutional Court of the Russian Federation considered the issue of compliance with the Constitution of the Russian Federation part 1 art. 157 of the LC RF and the third paragraph of paragraph 42(1) of Rules 354.

The Constitutional Court of the Russian Federation established the following:

Normative regulation of relations in the field of supplying energy resources should be based on the principles arising from the Constitution of the Russian Federation. principles of certainty, fairness and proportionality (proportionality) of introduced restrictions constitutionally significant goals in order to achieve a reasonable balance of the property interests of the participants in these relations, including in relation to the procedure for determining the volume of utility services consumed by owners and users of premises in the MKD and the fees charged for it;

One of the effective legal mechanisms that encourage consumers of communal resources to use them efficiently and rationally, and thus to respect the environment, is the regulation of the procedure for determining fees for utilities, general principles for determining the volume of consumed utilities for calculating the amount of fees for them, including part 1 of Art. 157 LC RF refers accounting for the consumed communal resource, primarily based on the readings of metering devices, the absence of which is compensated by using the calculation method for determining the amount of energy resources, using standards for the consumption of utilities;

The specifics of the MKD as an integral building system, in which a separate room represents only a certain part of the volume of the building, which has common enclosing structures with other premises, in particular office premises, is determined, as a general rule, by the impossibility of the owners and users of individual premises in an apartment building from utilities for heating and thus the impossibility of completely eliminating the cost of paying for the heat energy used to heat the house;

Provisions of the Federal Law "On Energy Saving and Improving Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation" give economically spending thermal energy to consumers of communal services, those who bear the costs of ensuring the safety of individual heat energy meters, their proper operation and timely replacement, grounds for legitimate expectation of a commensurate reduction in heating charges;

The above normative provision of paragraph 3 of clause 42 (1) of Rules 354, by virtue of which the payment for the utility service for heating is determined on the basis of the distribution of the communal resource coming into the MKD as a whole between the owners (owners) of individual premises, taking into account the area of ​​\u200b\u200bthese premises, i.e. without taking into account the readings of individual heat energy meters, in fact, contrary to the prescription of Article 17 (part 3) of the Constitution of the Russian Federation, creates - to the detriment of the interests of law-abiding owners and users of premises in a particular MKD - conditions that encourage dishonest behavior of consumers of this utility service, allowing them to spend thermal energy by assigning part of the payment for it to other consumers (including economically consuming thermal energy);

The possibility of accounting for the actual consumption of thermal energy in the premises of MKD, equipped with appropriate individual metering devices, is determined by the presence of serviceable devices in all other premises of an apartment building. Thus, the constitutional principle of equality is violated, which requires the creation of equal conditions for the exercise of their rights and legitimate interests by persons belonging to the same category (owners and users of premises equipped with ISP thermal energy, in an MKD, in which not all premises have such devices, with on the one hand, and the owners and users of premises in the MKD, all premises of which have the appropriate equipment, on the other), and not allowing differences that do not have an objective and reasonable justification.

Wherein part 1 of article 157 of the LC RF, allowing you to calculate the amount of payment for consumed utilities based on their volume, which is determined by the readings of metering devices, does not share the value of collective (common house) devices and individual metering devices, and thereby creates uncertainty that creates the possibility of violating constitutional parameters in the regulation of this issue by the Government of the Russian Federation Federation.

As a result, the Constitutional Court of the Russian Federation made the final conclusions that “... part 1 of article 157 of the Housing Code of the Russian Federation and paragraph three of clause 42 (1) of the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings do not comply with the Constitution of the Russian Federation , its articles 17 (Part 3), 19 (Part 1), 35 and 55 (Part 3), insofar as the interrelated normative provisions contained in them - in the sense given to them in the system of the current legal regulation of law enforcement practice, - do not provide for the possibility of taking into account, when determining the amount of payment for a utility service for heating, the readings of individual heat energy metering devices in an apartment building, which, upon commissioning, including after a major overhaul, in accordance with regulatory requirements, was equipped with a collective (common house) metering device heat energy and residential and non-residential premises in which they were equipped with individual heat energy meters, but their safety in individual premises was not ensured, which leads to a violation of the principles of legal certainty, fairness and proportionality of restrictions on rights and freedoms, as well as the balance of constitutionally significant values, public and private interests."

The Resolution of the Constitutional Court of the Russian Federation states that the Federal Assembly and the Government of the Russian Federation should make the necessary changes to the current legal regulation, including provide for a procedure for determining the payment for a utility service for heating in apartment buildings that are equipped with a collective (common house) heat energy meter and in which not all premises are equipped with individual heat energy meters, taking into account the testimony of the latter.

Until changes are made to the current legislation calculation of payment for heating in MKD, which, upon commissioning, including after a major overhaul, in accordance with regulatory requirements was equipped with a common house heat energy metering device and residential and non-residential premises in which they were equipped with individual metering devices thermal energy, but their safety in separate rooms was not ensured, must be produced according to the model established by paragraph four of clause 42(1) of Rule 354.

Now the “richest participants in market relations” - managing organizations can only wait for these same changes, again taking on the burden of additional financial costs that our state does not want to impose on itself, the “poorest” African countries resource-supplying organizations or on the users of communal resources themselves (after all – the electorate!!!).

For some reason, unfortunately, justice, proportionality, reasonableness and balance of property interests in our country in relation to managing organizations in the housing and communal services sector do not work. At least, in the considered Resolution of the Constitutional Court of the Russian Federation there is not a word about this ...

It should be noted that Burmistr.ru provides its clients with legal services. Our team of experienced lawyers, who have already “eaten the dog”, working in the Russian housing and communal services sector, will help with the preparation of letters, petitions, claims, lawsuits, statements, complaints, etc. information about the purpose of its use. And, of course, to advise you on the current activities of managing the MKD. More information about legal services is located.

Sincerely, Ilmira Nosik.