Resolution 354 P 88. Government Decision on the provision of utilities to owners and users of premises in apartment buildings and residential buildings

The recalculation for utilities occurs on the basis of adopted legislation. If the owner has accounting devices, recalculation is automatic when information about new data is received. In the absence of devices with the temporary absence of the owner and all living in the apartment, recalculation is made according to the developed scheme.

What is recalculation

Recalculation is a newly made calculation of the consumer fee for utilities. If there were any errors or lining, and they are detected, the management company or housing and utilities compensates for the empty. But most often recalculation do, because the owners pay in many cases not by the actual consumption of any resource, but according to the standard.

What does it mean? If the owner's home or apartment puts the metering instruments, then this means that now it will pay not according to the standard, but by actually consumed water (electricity, gas). But sometimes failures occur, as in the following cases. For example, for heating, the fee is always made according to the standard.

The standard is defined as 1/12 last year's consumption for the year. And monthly we introduce firmly established (since last year) fee. At the end of the heating season in those apartment buildings, where generalical counters are delivered, housing and communal services makes recalculation and overpayment is returned to the consumer. There are adjustments in the opposite direction.

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

For example, forgetfulness or family leave can serve that the owner of the apartment temporarily does not transmit the data of its accounting device. In this case, the next month after the owner of the housing resumes the transfer of data, he will recalculate.

Legal acts

Recalculation has completely legal grounds. In 2011, the Government of the Russian Federation adopts a well-known resolution at number 354. All sections of this legal act are devoted to the rules for the provision of public utilities to the population.

In 2017, the next changes were adopted and, we can say how recalculations are currently doing. The board changes is reflected in the VIII paragraph. Some features are also reflected in the title: recalculation in the absence of consumers.

Here is considered only aspect that concerns residential premises without counters. With the meters, everything is clear, recalculation will be performed automatically when the next data from the accounting devices will be downloaded. Answers to all questions regarding the legality of the actions of utilities are given in the ruling.

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

The guarantor of relations between inter-performer and the consumer is the state and laws. In accordance with Resolution No. 354, all citizens have the right to recalculate utilities. Therefore, the order of recalculation in various situations is described in the new edition.

What is part of Resolution No. 354

What comes there:

updated coefficients that determine the regulations of the drainage;
the procedure for installing measuring instruments has been developed in detail;
with the help of the ruling, the motive for installing the meter is intensified;
a simplified payment scheme for heating was introduced;
from 2016 to provide information from the meters has become optional;
with the temporary absence of electricity or other services, payment for it is not charged;
the procedure for performing listed conditions.

A special place is determined by the contractor to consumers and laws in cases:

poor quality services;
damage to life and health due to poor-quality services;
non-receipt by the consumer of reliable information on the quality of services;
the terms of the agreement are violated.

In violation of these conditions, the Contractor must free the consumer from payment or provide him with compensation. Regardless of whether the agreement was concluded between the performer and the consumer, the Contractor still reimburses the damage in the event of the provision of low-quality services.

Here are some points that are considered in the ruling:

No recalculation fee for generalic needs is recalculated. It is due to the case when the owner was absent and the residential premises temporarily empty.
With a two-tariff mode, the change in payment is possible only with respect to the variable component. With respect to the constant component, the following condition was introduced: if it recalculates it by law, then after a temporary absence of a citizen, it is produced within 5 working days. The days of absence are considered to be all except for the day of disposal and arrival.
The recalculation is made only if applications and the provision of documents confirm the duration of the absence. The request is made before departure or no more than a month after arrival.

As documents confirming the absence, adopted:

a copy of a travel certificate with the application of travel documents;
document on treatment in the hospital or in the sanatorium;
travel tickets that are decorated in the name of the consumer, as well as the fact of their use;
accounts for staying at the hotel, rented apartment, hostel;
the document issued by the FMS on temporary registration;
other documents that will be able to confirm the fact of the absence of the consumer.

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

On video recalculation

The main distinguishing features of the resolution and its changes are the course on the widespread installation of instruments. Therefore, apartment owners with meters have an explicit advantage in cases, for example, temporary absence.

Every citizen is interested, what a rule of calculating the cost of utilities is currently valid. Therefore, clause Art. 354 can reveal important questions, and give answers as it established the law.

Resolution 354 with the latest changes 2016,

The position from the Government of the Russian Federation on utilities was created in June 2011. After that, the law was required to make amendments, so every year in April, March, July, May, mid-June and in other months a new project was introduced. The Russian law for this period is valid according to the latest amendments. It is worth examining this right before considering amendments.

The Federal Law in Resolution 354 contains such sections:

Providing services that the user will receive and the owner of the premises;
The condition and main order of how the service is served;
Accounting devices and calculation of the board size;
Recalculation and accrual for heating, electricity, water;
The question of canceling the provision of services;
An application where there are calculation rules, as well as the formula and tariff standard;
Changes that are entered into the act.

The current edition with the latest changes has some amendments in accordance with the current situation in housing and communal services. For December 2015, it took the amendments to be approved to enter into force in 2016. The federation also made changes to the government's vision of this document in September, April, in late January and other months. Many portals, such as a consultant plus, pay attention to the text of this position, so it is worth considering it in the last edge. For different types of services.

About utilities

Position number 354 regulates the consumption of housing and utilities resources for owners and users of residential apartments or non-residential premises. The new version of the Law of the Russian Federation contains standards for consumption and fee for them. For example, the document explains when the force of calculating the utility package is starting. The entry into force begins at the time of the occurrence of property rights, from the date of the return of the rental on the room, from the day of hiring and entering the apartment building. Judicial practice confirms the guarantor of compliance with the Resolution 354 throughout the territory of the Russian Federation, including the Moscow region, Kirov and Perm.

By heating

This section describes noticeable needs to provide heating to citizens. This item explains in the examples as the rules should be accrued to the length of heating and temperature in the apartment. The approved norms are adjusted for the temperature and heat, the amount of payment for heating is calculated.

By electricity

This subparagraph position determines the order for which the supply and distribution of electricity is carried out. The standards for voltage are indicated, the deadline that is possible by the temporary absence of energy, the calibration of lines and energy saving. During the year, a restriction on the absence is established. The editors contains the requirements for the voltage of the lines according to GOST.

General needs Resolution 354 pay or not to pay?

Many ask, pay or not pay for the account for general-made. The Housing Code provides that the costs of water supply and other services for generalic needs will be evenly entered into each individual receipt. This payment is important in relation to the provision of utilities, so everyone pays for receipts.

Recalculate for heating on a general aware meter for 354 decisions, the calculation formula

The performer is an invoice for the light or for hot water on the day of the receipt of the receipt on the meter. The recalculation for the cold is carried out according to the formula, where the volume of non-residential premises take place for non-residential premises for the discount period, the volume of hot water per apartment, the volume of hot water and the volume of water supply costs and multiplies to the area of \u200b\u200bthe apartment, divided into the area of \u200b\u200ball apartments. Today you can download the application for free, which contains order 354, where there is a form of calculation, adjustment and comments.

Now all the forces of the management companies are thrown on compliance Standard disclosure information According to the Government Decision No. 731. And it is right. However, do not forget that there are other legislative acts that regulate the vital activity of management companies. This includes the Government Decree No. 354 of 06.05, 2011, which consolidates the rules for the provision of utilities to the owners of the premises in the MCD and the procedure for providing information on them.

In addition to the rules for the provision of utility services to the owners of the premises in the MCD, 354, the decision also contains information on the need to disclose information to the residents of the house for communal services provided. In particular, paragraphs. "P" p.31 PP No. 354 states that the Contractor is obliged to provide the consumer by the consumer through a prisoner, ads on information boards in the entrances of the Ministry of Economitor's McD or at the Outdoor Territory, on information stands in the artist's office following information:

information about the artist KU (name, legal address, data on state registration, head of the head, schedule of work, the addresses of sites on the Internet, on which the management company must post information about himself);
address and phone number of dispatch, emergency service;
rates of tariffs for utility resources, surcharges and details of regulatory legislation;
on the right of consumers - to apply for the installation of instruments of accounting for the organization, which, according to the Federal Law "On Energy Saving and the Enhancement of Energy Efficiency and Amendments to Certain Legislative Acts of the Russian Federation" should meet this need and provide installments to pay for services;
order and form of payment communal services;
quality indicators, the deadlines for eliminating accidents and violations of the procedure for their provision;
data on the maximum permissible power of electrical appliances, equipment and household machines, which can use the consumer;
titles, addresses and telephones of local executive bodies, carrying out control over compliance with these rules;
if it is decided to establish a social capacity of electricity consumption in the subject of the Russian Federation, then information about its value, the conditions of application / non-use for groups of households and types of residential premises, for consumers who receive old-age retirement and / or disability, for residential housing and depreciation degree from 70%;
information about the duty of the consumer to inform the Contractor about the change in the number of registered people in the residential premises;
information about electricity tariffs for the population within and over the social norm of its consumption.

Checks

If the information will not be disclosed on any question or conversion of citizens, then consumers of utility services can deal with a complaint about the management company not only to the GGA organ, but also to the prosecutor's office. The activities of the prosecutor's office regulated FZ No. 2002-1 of January 17, 1992 in the current edition of July 13, 2015 "On the Prosecutor's Office of the Russian Federation".

Based on this law, the prosecutor's office has the right to check the management company after the complaints or other appeals of the population about violations on it, as well as submit claims to court and initiate administrative affairs. The prosecutor's office may conduct unscheduled verification of the Criminal Code for compliance with legislation and licensed requirements in the field of housing and communal services

If the prosecutor's office did the complaint or the appeal of citizens, then the request for the provision of concrete information will come to your management company. If there are insignificant violations, then in pretrial order, you can eliminate them and ask the applicant to withdraw the complaint.

On issues of disclosure of information, the prosecutor's office checks the boards in the entrances of the MCD or at the receiving territory, as well as information stands in the office of the Criminal Code. In the first appeal to the court, the plaintiff represented the prosecutor's office requires eliminating the identified violations within the specified period. If the Criminal Code ignores the requirement of the prosecutor's office and the court, then when reinstaling the claim, we are already talking about the recovery of fines from the management company for inconsistency with the standard disclosure standard.

Arbitrage practice

We selected a few bright examples from fresh judicial practice to visually show you how and for what they can finish managing company According to the Government Decision No. 354.

In the first half of 2015, the Court of Rostov-on-Don obliged the Tectonics Code at the request of the prosecutor's office to place all the necessary information according to paragraphs. "P" p.31 PP№354 on ads in the entrances of houses and on the information booth in their office. The prescription was completed on time, and the management company escaped fine.

The prosecutor's office of the Primorsky Territory filed a lawsuit on the violation of licensing requirements for the management of the MCD on the Crrenate Criminal Code. The company was accused of violating PP. "P" p.31 PP No. 354, since the information required by this regulatory act was not posted in the necessary sources.

In the statement of statement, the prosecutor demanded several times from the date of entry into force of the court's decision to place information about the executor of the Utilities of the Granat Management Company in a number of MCDs that are in the management of the company.

In June 2015, the Grenate Criminal Code requested us with a request to help solve the problem related to the disclosure of information. We satisfied the request of the Management Company, thanks to which the Crrenate Criminal Code was able to avoid a claim for the initiation of administrative affairs and fines that could follow the consideration of such a case. The requirements of the prosecutor's office were satisfied on time.

Solution to the problem

What needs to be done in order not to fall under the prescription or the administrative recovery of the prosecutor's office and GGG? First of all, to comply with licensing requirements for managing companies, and comply with the information disclosure standard (Government Decision No. 731).

To fully comply with the information disclosure standard, it is necessary to place information about its management company and managed homes in all sources required by the legislation:

online Reform housing and utilities
on the UK website
on the information booth in the office office

Please note that PP. "P" paragraph 31 of Government Decisions No. 354 establishes another source for disclosing information - this is a bulletin board in the entrance of an apartment building. Consequently, you will need to duplicate information about the communal services provided also in this source of information.

Of course, you will not heal for everyone and we perfectly understand that in addition to our core work you have to do more and paper fiber, as well as master the Internet. Often the staff of the management company is limited by a small number of employees (no more than 3-5 people). Everyone is busy with their own business and cannot take extra work.

But with the introduction of licensing management companies, it is necessary to find a way out. You can enroll, for example, as the Crrenate Criminal Code, which applied for help to us. As a result, they received the prepared website of the Criminal Code, which fully comply with the requirements of the information disclosure standard.

As a result, the necessary information listed on the reform portal of utilities was automatically integrated on the management company's website, where the management company has already been able to print filled copies and arrange an information booth and the bulletin board at the entrance of the MCD.

We help managers to avoid thousands of fines and disqualification. We already have a lot of experience in this matter. Contact us for help! We are always ready to help you!

Most of residents of high-rise buildings and houses by the number of apartments more than two or three clearly know the rules for the provision of utilities to users and owners. Relations between the owner and the Contractor are governed by the Government Decree under the number 354 with current changes and annex to it, entered in 2019. In addition, there is a resolution at number 307, which also has a list of rules for the provision of utilities. It is quite difficult to understand in all interpretations of the law of the law. Also, the law regulates the performance of communal companies in a preferential basis in accordance with income and subsistence minimum (government decree at number 354 p. 62).

In all the nuances of Resolution No. 354 and No. 307, as well as in the rules for the provision of utilities, Russian citizens do not have legal education sometimes not possible. Our specialists will explain to you every item of orders No. 354, 307, 62 with all changes and annex to each legislative act.

Lawyers competently explain the duties of housing and communal services in the provision of their work in compliance with the rules for the provision of utilities and the rights and obligations of the consumer in 2019 completely free.

It is only necessary to describe your facilities with utilities in the form of feedback and to obtain clarification of the law on the rules for providing civil society utilities in 2019.

In order not to fall into a situation where housing organizations will cease to temporarily perform their work on serving your living space, it is necessary to clearly know all the nuances of the resolution 354. The legislative act at number 354, with changes in it from September 2019, contains the basic rules for the provision of utilities to owners and Users to provide services for owners of apartments in high-rise buildings. The duties of consumers in relation to housing and communal services are also prescribed. This ruling consists of several sections and applications. The main sections contain the procedure for providing housing services.

Resolution 354 contains rules for the provision of utility services to citizens and consists of the following sections:

conditions for the provision of housing services;
the correctness of the agreement on the provision of utilities and the compilation of applications to it in 2019;
consumer duties towards housing services and their rights in accordance with the law;
housing and utility duties and what they are entitled to in accordance with the law;
the correct procedure for payment of the service provided, the calculation of the cost for housing conditions;
a description of how to properly take into account the consumption of housing resources in the presence of countable devices, the correctness of the evaluation of the testimony, the obligations of consumers to monitor the correctness of the work of the meters;
the procedure for recalculating the cost for the rendered housing service in a situation where the apartment temporarily stands empty, without tenants;
the procedure for recalculating the cost for housing services rendered by housing services, if the fact of violation of the rules for the provision of utilities to owners and users in violation of the law was identified;
the procedure for determining the fact of failure to fulfill its duties in a proper procedure, which establishes the law;
in which cases, the law records violations of the rules provided by utilities in 2019 by consumers and suspends the provision of housing benefits from housing and communal services and management companies;
description of the supply of cold water consumers using a water treatment column in accordance with the changes in 2019;
features of gas supply through the central network of gas supply;
rules for sale of gas for consumers in cylinders;
the rules that the law set for solid fuel sellers;
responsibility that is carried both supplier and consumer in case of violation of at least one of the rules provided by utilities in 2019;
features of control over the execution of resolution 354 and its application.

Also, the 354th government legal act on the provision of housing services includes two applications. The first application on which requirements for the qualitative fulfillment of their work with housing services imposes law. The second application of what order in 2019 is calculated by all the payments necessary for the consumer.

General provisions of Resolution 307

Another document, which, according to the law in 2019, regulates the provision of utilities for consumers is a government decree under the number 307. It also has several subsections and two applications. The main provisions of this law are the rules for the provision of housing communal services, which are provided to the population, as well as the calculation and procedure for payment for the services already received. The first application that characterizes this ruling contains information on how payment is changing if housing companies perform their work inappropriate to quality standards.

The second application describes the calculation of the amount of payment for the fulfillment by employees of Housing and communal services of its work. It should be borne in mind that all the rules of laws that belong to the topic discussed by us are constantly changing.

For example, the first application of the 307th decree for 2019 has already lost its strength. But there is another list of rules for servicing enterprises with housing and communal services. Who enters this list, what is the procedure for obtaining preferential work from the management company? By contacting experienced lawyers through the feedback form directly on the site, you can get full-fledged answers to all the questions that have arisen. Our experts in a timely manner track all changes in housing legislation. Consultation of competent persons will be received by you in a timely manner and absolutely free.

In conclusion on utility services services

To measure the ability to check the compliance of the work of housing and public utilities specified in the receipt and actual implementation of these works (as well as the provision of services), it is necessary to clearly know the responsibilities of the management companies in relation to users.

Here is an approximate list of duties of public utilities:

proper quality of drinking water supply process;
proper quality of the hot water supply process;
organization of drainage (sewage systems);
deliverance to citizens from accumulated household waste in accordance with the standards of the SES;
the content of heating systems in proper condition and timely uniform heat supply to the apartment;
supply of residents with electric energy;
supply of residents with gas around the clock;
ensuring lighting and warmth of premises located in public use;
monitoring compliance with the rules established by fire services;
care of the Flora yard;
repair work of all existing species;
carrying out activities aimed at the preparation of the exploitation of the house in different seasonal periods;
activities to contain public property in good condition;
regular inspection of technical premises.

More detailed familiarization with the list of services provided by public utilities will avoid deception from the actions of management companies and housing and public utilities. Write about your problems to our specialists and you will advise you for any occasion from the field of housing legislation.

Paragraph 61 of the rules for providing utilities to owners and users of premises in apartment buildings and residential buildings, approved by PP of the Russian Federation of 06.05.2011 No. 354 (hereinafter referred to as Rules 354) provides for the obligation of a communal service performer to recalculate if, when verifying the reliability of information on the readings of an individual accounting instrument (hereinafter referred to as IPU) discrepancies between the information provided by the consumer and actual readings of the IPU. In this article, we analyze cases in which recalculation is carried out in accordance with clause 61 of Rules 354, and the cases in which the specified norm is not applicable.

What installs paragraph 61 of Rules 354?

We will quote Paragraph 61 of Rules 354: " 61. If in the course carried out by the performer to verify the accuracy of the information provided by the consumer on the testimony of individual, general (apartment), household instruments and (or), the executor will be established that the accounting device is in good condition, including seals on it damaged, but there are discrepancies between the testimony of the tested metering device (distributors) and the volume of the utility resource, which was brought by the consumer to the Contractor and was used by the Contractor when calculating the amount of the Communal Service for the estimated billing period, the Contractor is obliged to recalculate the amount of payment for utilities and to send the consumer within the time set to pay utility services for the estimated period in which the Contractor was verified, the requirement for making a decisive fee for communal services provided by the consumer or notice of the amount of utility fees, too Accrued to the consumer. Excessive consumer paid amounts are subject to test when paying for future settlement periods.

Recalculation of the size of the board must be made on the basis of the testimony taken by the Contractor during the testing of the accounting instrument.

At the same time, if the consumer does not prove another, the volume (number) of the communal resource in the amount of the identified difference in the testimony is considered consumed by the consumer during the calculated period in which the performer was verified».

From the above standard follows:

1. Recalling the communal service fee is carried out in compliance with a number of requirements:
1.1. " The recalculation of the size of the board must be made on the basis of the testimony taken by the Contractor during the test.»;
1.2. " The performer is obliged to ... send the consumer within the time set to pay for utility services for the estimated period in which the Contractor was verified, the requirement to make a decisive fee for communal services provided to the consumer or notice of the amount of utility fees, which is superfluous to the consumer accrued. Excessive consumer paid amounts to be offset when paying for future settlement periods»;
1.3. " The volume (number) of the municipal resource in the amount of detected difference in the testimony is considered consumed by the consumer during the calculated period in which the Contractor was verified», « if the consumer does not have proven other».

2. Recalculation is carried out in the event of a number of circumstances:
2.1. " There are discrepancies between the testimony of the tested metering device (distributors) and the volume of the utility resource, which was charged by the consumer to the Contractor and was used by the Contractor when calculating the amount of payment for a utility service" It is important to note that the rule directly indicates the divergence of the actual indication of the device not with the regulatory volume of consumption, not with the average monthly volume, not with some information obtained by the Contractor from other sources (predicted, calculated, taken by analogy, by the words of neighbors, etc. ) and not with the testimony of previous settlement periods, namely with " volume of utility resource that was presented with consumer Contractor»;
2.2. This discrepancy was identified " in the course carried out by the Contractor to verify the accuracy of information provided by the consumer about the testimony of individual, general (apartment), household appliances and (or) verification of their status»;
2.3. " The accounting device is in good condition, including seals on it is not damaged.».

Cases of checks

Since item 61 of Rules 354 establishes that the discrepancy between the testimony of the recorded accounting device and the volume of consumption provided by the Contractor provided by the Contractor is established during the inspection, we indicate what verification is in question and in what cases this test is carried out.

Analyzed norm, in terms of the description of the character of the inspection literally establishing: " checking the accuracy of information provided by the consumer about the testimony of individual, general (apartment), household appliances and (or) verification of their status", That is, we are talking about three options for checking:
1. Check the accuracy of information provided by the consumer about the testimony of individual, general (apartment), household appliances;
2. Checking the state of individual, general (apartment), household appliances;
3. Check the accuracy of information provided by the consumer about the testimony of individual, general (apartment), household appliances and checking the state of individual, general (apartment), household appliances.

It should be noted that when conducting an audit to apply paragraph 61 of Rules 354, in any case, a third-type test is required (a comprehensive check of both the testimony of the device and its state), since the Contractor, by virtue of the requirements of paragraph 61 of Rules 354, should establish that " the accounting device is in good condition, including seals on it is not damaged.", That is, when you check only the accuracy of information about the readings of the device, in any case, it is necessary to check its condition, and when checking only the state of the device for assessing the accuracy of its testimony, these readings must be checked. Thus, a text design that allows us to consider separately three types of checks, it seems absolutely excessive, although it is not a legally no violation.

Consequently, in this article we will talk about a comprehensive verification of the readings of the accounting device and its condition (hereinafter referred to as the text - verification).

According to subparagraph "F" of clause 31, the Contractor is obliged to verify, but the specified norm does not set the timing and frequency of such inspections.

Paragraph 82 of Rules 354 confirms the above standard:
« 82. The Contractor must:
a) carry out verification of the state of established and commissioned individual, general (apartment), household appliances and distributors, the fact of their presence or absence;
b) carry out checks of the accuracy of the information provided by consumers about the readings of individual, general (apartment), household instruments of accounting and distributors by reconciling them with the testimony of the corresponding metering device at the time of the inspection (in cases where the readings of such accounting devices and distributors can be consistent)».

Paragraph 83 of Rules 354 Sets the frequency limits:
« 83. The checks specified in paragraph 82 of these Rules should be carried out by the Contractor at least 1 time per year, and if the audited metering devices are located in the residential room of the consumer, then no more than 1 time in 3 months».

Subparagraph "g" of paragraph 32 of the Rules 354 partially duplicates paragraph 83 and additionally establishes restrictions on the frequency of inspections of devices installed in non-residential premises and outdoors and households. According to subparagraph "G" of clause 32 of the Rules 354, the Contractor has the right to conduct inspections, but not more often than 1 time in 3 months if the accounting device is installed in a residential building or home ownership, and no more than 1 time per month in the event of an accounting device in non-residential The room, as well as outdoors and households in the place, the artist's access to which can be carried out without the presence of the consumer. At the same time, according to the subparagraph "F" of clause 34 of the Rules 354, the consumer is obliged to allow the Contractor to a residential premises or a homeowing for verification in advancely agreed in the manner specified in paragraph 85 of Rules 354, time, but not more often than 1 time in 3 months.

The above rules do not establish specific timing of the inspections, but only establish limitations. Some norms establish more specific timing of inspections in some cases.

For example, according to subparagraph "K (4)" of clause 33 of Rules 354, the consumer has the right to demand verification from the Contractor. The Contractor according to subparagraph "E (2)" of paragraph 31 of the Rules 354 is obliged to check the consumer's application within 10 days after receiving such an application.

The right and obligation to determine the specific timing of inspections are subject to the parties to the contract containing the provisions on the provision of utilities - that is, the Contractor and consumers of utilities. Subparagraph "and" of paragraph 19 of Rules 354 establishes: " The contract containing the provisions on the provision of utilities should include: the frequency and procedure for carrying out inspections of the presence or absence of individual, general (apartment), household appliances, distributors and their technical condition, the reliability of information provided by the consumer about the readings of such metering devices and distributors provided by the consumer».

Failure to submit by consumer readings IPU

Another case of the verification is regulated by paragraph 84 of Rules 354, which establishes: " With the failure of the consumer, the Contractor of the Individual or General (apartment) accounting instrument for 6 months in a row, the Contractor no later than 15 days from the date of the expiration of the specified 6-month term, which is established by the contract containing the provisions on the provision of utilities, and (or) decisions The general meeting of the owners of premises in an apartment building is obliged to conduct a verification specified in paragraph 82 and decorate the reading of the accounting».

Earlier, an article "" article was published on the ACATO website, which caused a lot of disputes on the issue, whether the Contractor is obliged to conduct on the basis of paragraph 84 of the rules 354, to produce in accordance with paragraph 61 of Rules 354 recalculation of the amount of fee for utilities, since actually consumed the volume of services defined by the instrument testimony for the period of failure to submit readings does not coincide with the amount of the amount calculated on the average monthly volume and / or consumption standards.

Let's analyze this question.

Paragraph 84 really obliges to conduct an inspection after 6 months of non-submission by the consumer of information on the reading of the accounting device. Paragraph 61 really establishes that according to the results of the inspection, the Contractor must recall, but it is necessary to pay attention to what recalculation is made in the case of " if in the course carried out by the Contractor to verify the accuracy of information provided by the consumer about the testimony of individual, general (apartment), household instruments and (or), the executor will be established that the accounting device is in good condition, including the seals on it is not damaged, But there are discrepancies between the testimony of the recorded metering device (distributors) and the volume of the utility resource, which was presented by the consumer to the Contractor ».

In case the consumer did not make the Contractor about the readings of the accounting devices, that is, the amount of consumed communal resource submitted by the consumer is not determined, then it is impossible to determine the difference between the actual reading of the accounting device and the consumer presented, and since it is the cost of this volume of discrepancies and is the size of recalculation, then the size of the recalculation is not subject to definition.

Consequently, it is in the case of non-submission by the consumer of information on the readings of the accounting device, paragraph 61 of Rules 354 not applicable.

At the same time, paragraph 84 of Rules 354 obliges the Contractor during the inspection after the expiration of the 6-month period of failure to submit the consumer reading the metering instrument to relieve the readings of this device. However, no rule indicates that the Contractor is obliged to apply the readings taken when determining the size of the recalculation, including the application of the testimony taken by the Contractor is not provided about and paragraph 61 of Rules 354.

Application of paragraph 61.

Based on the foregoing, paragraph 61 of Rules 354 is applied solely if, when conducting an inspection, the fact that the consumer is transferred to the consumer of unreliable reading of the accounting device. Such a check can be carried out either at the initiative of the Contractor (subparagraph "W" of clause 31, subparagraph "g" of paragraph 32, paragraph 82 of rules 354), or at the initiative of the consumer (subparagraph "E (2)" of paragraph 31 and subparagraph "K (4 ) "Paragraph 33 of Rules 354), or in accordance with the approved agreement on the provision of utilities, the procedure and frequency (subparagraph" and "of paragraph 19 of Rules 354).

Consider examples of application of paragraph 61 of Rules 354.

Example 1.

Let the Contractor conducted an inspection of the consumer accounting device for the first number of the month N1 and found that the testimony of Cold water consumption is 100 cubic meters. In the month of N2, the consumer referred to the reading of the accounting device of 102 cubic meters, the Contractor presented the consumption of 2 cubic meters of water for the month N1. In a month, N3, the consumer told the Contractor to the IPU 105 cubic meters, the Contractor presented the consumption of 3 cubic meters of water for the month of N2. In the month of N4, the consumer informed the Contractor to the IPU 107 cubic meters, the Contractor presented the consumption of 2 cubic meters of water for the month of N3. In the same month, the N4 performer conducted an inspection of the accounting device and found that the transmitted accounting readings are unreliable, and on the fact the device at the time of the check shows 110 cubic meters. In this case, the performer applies paragraph 61 of Rules 354, namely:
- sets the volume of discrepancies in the amount of 3 cubic meters (110-107);
- directs the consumer on time set to pay for the volume of water for the month N4, the requirement to make a decisive fee in the amount of the cost of 3 cubic meters of water;
- if the consumer in the month of N5 passed the testimony of the device in the amount of 112 cubic meters, then the performer per month N5 presents for payment for the month N4 revealed discrepancy in the amount of 3 cubic meters and transmitted by the consumer 2 cubic meters (112-110), There are only 5 cubic meters.

Monthly, the contractor places consumer to pay: month N1 - 2 cubic meters, month N2 - 3 cubic meters, month N3 - 2 cubic meters, month N4 - 5 cubic meters, total - 12 cubic meters. It is 12 cubic meters that makes up the difference between the readings of the accounting device at the time of the check in the month N1 (100 cubic meters) and the testimony of the device transmitted by the consumer in the month N5 (112 cubic meters).

Example 2.

Suppose that in the above example 1, the performer during the inspection in the month N4 found that the actual readings of the IPU are 106 cubic meters. In this case, the performer applies paragraph 61 of Rules 354, namely:
- sets the volume of discrepancies in the amount of 1 cubic meter (107-106);
- sends to the consumer on time set to pay for water volume for the month N4, the notification of the amount of excessive consumer charges for water in the amount of 1 cubic meter;
- If the consumer in the month N5 passed the testimony of the device in the amount of 109 cubic meters, then the performer per month N5 takes into account the excessive amount of 1 cubic meter and the consumer transmitted 3 cubic meters (109-106), that is, 2 cubic meters .

Monthly, the performer places consumer to pay: month N1 - 2 cubic meters, month N2 - 3 cubic meters, month N3 - 2 cubic meters, month N4 - 2 cubic meters, total - 9 cubic meters. It is 9 cubic meters that makes up the difference between the readings of the accounting instrument at the time of the check in the month N1 (100 cubic meters) and the testimony of the device transmitted by the consumer in the month N5 (109 cubic meters).

Inapplication of paragraph 61.

Example 1.

The Contractor presented for payment to the consumer in a month N5 per month N4 volume of 3 cubic meters, in a month N6 per month N5 - 3 cubic meters and in a month N7 per month N6 - 3 cubic meters. In a month 7, the Contractor conducted an inspection and found that the reading of the accounting device is 15 cubic meters. The indicator data performed as initial readings by IPU to calculate the amount of consumption for the month N7, while no recalculation is made, since the testimony has not been transmitted, and recalculation according to paragraph 61 of Rules 354 is possible only when IPU testimony is identified.

Despite the fact that according to IPU testimony for 6 months, the consumer consumes 15 cubic meters (15-0), for payment it was presented: month N1 - 2 cubic meters, month N2 - 3 cubic meters, month N3 - 4 cubic meters. meter, month N4 - 3 cubic meters, month N5 - 3 cubic meters, month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually paid for the 3 cubic meters-consumed 3 cubic meters, but it was precisely such an order by the current legislation.

Example 2.

Let the Contractor accepted the consumer's IPU to account from the first day of the month N1 and found that the testimony of Cold water consumption is 0 cubic meters. In a month N2, the consumer referred to the reading of the recording instrument of 2 cubic meters, the Contractor presented to pay consumption of 2 cubic meters of water for the month N1. In a month, N3, the consumer told the Contractor to the IPU 5 cubic meters, the Contractor presented to pay consumption of 3 cubic meters of water for the month N2. In the month of N4, the consumer told the Contractor of the IPU 9 cubic meters, the Contractor presented the consumption of 4 cubic meters of water for the month of N3.

Further, the consumer has ceased to transfer the readings to the Contractor of the Accounting Device, and the Contractor began to maintain the average monthly readings of the accounting device (), which for three months amounted to (9-0) / 3 \u003d 3 cubic meters

The Contractor presented for payment to the consumer in a month N5 per month N4 volume of 3 cubic meters, in a month N6 per month N5 - 3 cubic meters and in a month N7 per month N6 - 3 cubic meters. In a month, 7, the Contractor conducted an inspection and found that the reading of the accounting device is 20 cubic meters. These indications, the Contractor defines as initial readings by IPU to calculate the amount of consumption for the month N7, while no recalculation is made, since the testimony has not been transmitted, and recalculation according to paragraph 61 of the Rules 354 is possible only when unreliable transferred by the consumer by the Contractor Indications IPU.

Despite the fact that according to IPU testimony for 6 months, the consumer consumes 20 cubic meters (20-0), to payment it was presented: month N1 - 2 cubic meters, month N2 - 3 cubic meters, month N3 - 4 cubic meters. meter, month N4 - 3 cubic meters, month N5 - 3 cubic meters, month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually consumed on 2 cubic meters of water more than paid, but it was precisely such an order with the current legislation. Specified 2 cubic meters will increase the volume of utility resources consumed in the content of common property, and will be a loss of the contractor of utilities.

conclusions

It establishes that the Contractor is obliged to recalculate if, in the course of the verification of the accuracy of the information provided by the consumer on the readings of individual, general (apartment), household instruments and (or), the executor will be established that the accounting device is in good condition, including seals on it is not damaged, but there are discrepancies between the testimony of a tested metering device (distributors) and the volume of utility resource, which was presented by the consumer to the Contractor and was used by the Contractor in calculating the amount of the Communal Service for the preceding checking period.

This norm is applicable only if the consumer referred to the Contractor in unreliable information on the readings of the accounting device, but not applicable if the consumer did not communicate at the Contractor at the IPU.

Note: Analysis of paragraph 61 of Rules 354 was carried out on the appeal of South-West LLC.
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