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How to legally get away from the implementation of the law on energy saving and minimize utility bills. Lack of technical feasibility of installing common house metering devices

MINISTRY OF REGIONAL DEVELOPMENT OF THE RUSSIAN FEDERATION

ON APPROVAL OF CRITERIA

(GENERAL) METERING DEVICES, AS WELL AS THE FORM OF THE ACT

SURVEYS TO ESTABLISH THE PRESENCE (Absence)

TECHNICAL POSSIBILITY OF INSTALLING SUCH DEVICES

ACCOUNTING AND ORDER OF ITS FILLING

In accordance with subparagraph "d" of paragraph 4 of the Government Decree Russian Federation dated May 6, 2011 N "On the provision of utility services to owners and users of premises in apartment buildings and residential buildings" (Collected Legislation of the Russian Federation, 2011, N 22, art. 3168) I order:

1. Approve:

criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices in accordance with Appendix No. 1 to this order;

the form of the inspection report to establish the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices in accordance with Appendix No. 2 to this order;

the procedure for filling out an inspection report to establish the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices in accordance with Appendix No. 3 to this order.

3. Not later than 10 days from the date of signing, send this order to the Department of Housing and Communal Services to state registration to the Ministry of Justice of the Russian Federation.

4. To impose control over the execution of this order on the Deputy Minister of Regional Development of the Russian Federation A.A. Popov.

And about. Minister

V.A.TOKAREV

Appendix No. 1

to the order of the Ministry

regional development

Russian Federation

CRITERIA

THE PRESENCE (Absence) OF THE TECHNICAL CAPABILITY OF THE INSTALLATION

INDIVIDUAL, GENERAL (APARTMENT), COLLECTIVE

(GENERAL) METERING DEVICES

1. Criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices cold water, hot water, electrical energy, natural gas, thermal energy (hereinafter referred to as the metering device of the corresponding type) are established in order to determine the possibility of using metering devices of the appropriate type when calculating fees for utility services for cold water supply, hot water supply, electricity supply, gas supply, heating.

2. The technical possibility of installing a metering device of the appropriate type in apartment building(residential building or premises), with the exception of apartment building(residential house or premises) specified in paragraph 5 of this document is absent if the survey reveals the presence of at least one of the following criteria:

a) installation of a metering device of the appropriate type according to the design characteristics of an apartment building (residential building or premises) is impossible without reconstruction, overhaul existing house engineering systems(intra-apartment equipment) and (or) without creating new in-house engineering systems (in-house equipment);

b) when installing a metering device of the appropriate type, it is impossible to ensure compliance with the mandatory metrological and technical requirements to the metering device of the appropriate type, including the place and procedure for its installation, presented in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation;

c) in the place where the metering device of the corresponding type is to be installed, it is impossible to ensure compliance with the mandatory requirements for the operating conditions of the metering device of the corresponding type, which are necessary for its proper functioning, in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation, including due to technical condition and (or) the mode of operation of in-house engineering systems (in-house equipment), temperature regime, humidity, electromagnetic interference, flooding of premises, and (or) it is impossible to provide access for taking readings of a metering device of the appropriate type, its maintenance, replacement.

3. It is not technically possible to install an individual, common (apartment) heat energy meter in the premises of an apartment building, with the exception of the apartment building specified in paragraph 5 of this document, if, according to the design characteristics, the apartment building has vertical wiring in-house engineering heating systems.

4. It is technically possible to install a metering device of the appropriate type in an apartment building (residential building or premises), with the exception of an apartment building (residential building or premises) specified in paragraph 5 of this document, if during the examination of the technical feasibility of installing a metering device of the appropriate type the absence of the criteria specified in paragraphs 2 and 3 of this document will be found.

5. Regarding apartment buildings(residential buildings or premises), for which federal law No. 261-FZ of November 23, 2009 "On Energy Saving and Improving Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2009, N 48, Art. 5711; 2010, N 19, Art. 2291, N 31, item 4160, item 4206; 2011, N 29, item 4288, item 4291, N 30, item 4590, N 49, item 7061, N 50, item 7344, 7359, N 51, article 7447) establishes a requirement for their equipment on the date of their commissioning with certain types of energy metering devices, the technical possibility of installing such metering devices is available.

6. The results of a survey of the technical feasibility of installing a metering device of the appropriate type are indicated in the survey report to establish the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices.

Appendix No. 2

to the order of the Ministry

regional development

Russian Federation

FORM OF THE ACT OF SURVEY TO ESTABLISH THE PRESENCE (Absence) OF THE TECHNICAL CAPABILITY OF INSTALLING INDIVIDUAL, GENERAL (Apartment), COLLECTIVE (GENERAL) METERING DEVICES _______________ "__" __________ 20__ 1. ________________________________________________________________________ (name legal entity (individual entrepreneur) conducting the survey) _________________________________________________________________________________ address (location): _________________________________________________ _________________________________________________________________ ________________________________________________________________________________, contact phone number: ____________________________________________________________, 2. Represented by ________________________________________________________________ __________________________________________________________________________, (last name, first name, patronymic of the person - representative of the legal entity (individual entrepreneur) conducting the survey) acting on the basis of _________________________________________________ _________________________________________________________________________________ (details of the document confirming the authority of the person to conduct the survey) 3. In the presence of (specify if present): ___________________________ ________________________________________________ (name of the legal entity (individual entrepreneur) responsible for the content common property owners of premises in an apartment building and a person representing his interests during the survey) _________________________________________________________________________ (last name, first name, patronymic of the owner (representative of the owner) of the premises, residential building in which the survey is conducted) ___________________________________________________________________________ (other persons participating in the survey) 4. Survey was conducted in order to establish the presence (absence) of the technical feasibility of installation _________________________________________ _______________________________________________________________________________ (individual, general (apartment), collective (common house) metering device _____________________________________________________________ (cold water, hot water, electric energy, natural gas, thermal energy) 5. At the address: ____________________________________________________________ ______________________________________ ___________________________________________ (indicate the address of the apartment building (residential building or premises) in which the survey is being carried out) the following tools ___________________________________ ___________________________________________________________________________ (indicate the name of the instrument if it is used during the survey, and if a measuring instrument is used, indicate its metrological characteristics and the date of expiration of the next check interval of the measuring instrument) the possibility of installing a metering device) 8. There is no technical possibility of installing a metering device due to the establishment of the following criteria for the absence of such an opportunity: ____________ _________________________________________________________________________________ (specify specific criteria lack of technical feasibility of installing a meter) 9. Dissenting opinion of the persons present (if any): ____________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ 10. This Act is drawn up in ____ copies Signatures of the persons who took part in the survey: ________________________ (_________________________) ________________________ (_________________________) ________________________ (_________________________)

Appendix No. 3

to the order of the Ministry

regional development

Russian Federation

FILLING OUT THE INVESTIGATION ACT ON THE SUBJECT OF ESTABLISHMENT

THE PRESENCE (Absence) OF THE TECHNICAL CAPABILITY OF THE INSTALLATION

INDIVIDUAL, GENERAL (APARTMENT), COLLECTIVE

(GENERAL) METERING DEVICES

1. In paragraph 1 of the survey report to establish the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices (hereinafter referred to as the survey report), the full name of the legal entity (last name, first name, patronymic, passport data) individual entrepreneur) conducting the survey, as well as the contact details of such a legal entity (individual entrepreneur): address (location ( permanent place residence)) and contact phone number.

2. In paragraph 2 of the survey report, the last name, first name, patronymic of each person - a representative of a legal entity (individual entrepreneur) conducting the survey, as well as the details of the document confirming the authority of this person to conduct the survey (power of attorney, order, outfit, etc.) ).

3. Paragraph 3 of the examination report shall indicate the last name, first name, patronymic of each person present during the examination, including:

A representative of a legal entity (individual entrepreneur) responsible for the maintenance of the common property of the owners of premises in an apartment building, as well as the name of such a legal entity (last name, first name, patronymic of an individual);

The owner (representative of the owner) of the premises, residential building, in respect of which an application has been submitted for the installation of an individual, common (apartment) metering device;

Other persons participating in the survey.

4. In paragraph 4 of the survey report, the type of metering device is indicated, for the installation of which a survey of the presence (absence) of the technical feasibility of its installation is being carried out:

Individual or common (apartment) or collective (common house);

Meter for cold water, hot water, electric energy, natural gas, thermal energy.

5. In paragraph 5 of the survey report, the address of the apartment building (residential building or premises) is indicated in which the survey is being carried out for the technical feasibility of installing a metering device of the appropriate type.

6. Paragraph 6 of the survey report indicates the method of conducting the survey: by inspection or using tools / measuring instruments.

If a tool is used during the survey, its name and characteristics are indicated.

If a measuring instrument is used during the survey, its name, metrological characteristics and the date of expiration of the next check interval are indicated.

7. Paragraph 7 of the survey report indicates the results of the survey, namely the presence or absence of the technical feasibility of installing a metering device of the appropriate type.

8. Paragraph 8 of the survey report is filled in if during the survey it is found that it is not technically possible to install a metering device of the corresponding type, indicating the specific criteria identified during the survey for the lack of technical feasibility of installing a metering device of the corresponding type.

9. Paragraph 9 of the survey act is filled in if any of the persons present during the survey has a dissenting opinion regarding the course of the survey and the results of the survey.

In this case, paragraph 9 of the examination report shall indicate the last name, first name, patronymic of the present person who has a dissenting opinion, as well as the content of the dissenting opinion.

10. Paragraph 10 of the survey report indicates the number of copies of the completed report, which must correspond to the number of persons present during the survey.

The drawn up acts are handed over to each of the persons present during the examination.

Order of the Ministry of Regional Development of the Russian Federation of December 29, 2011 No. 627 “On approval of the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of an inspection report to establish the presence (absence) the technical feasibility of installing such metering devices and the procedure for filling it out” (did not enter into force)

In accordance with subparagraph "d" of paragraph 4 of the Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 "On the provision of public services to owners and users of premises in apartment buildings and residential buildings" (Collected Legislation of the Russian Federation, 2011, No. 22, art. 3168)

1. Approve:

criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices in accordance with this order;

the form of an inspection report to establish the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices in accordance with this order;

the procedure for filling out an inspection report to determine the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices in accordance with this order.

3. Not later than 10 days from the date of signing, the Department of Housing and Communal Services shall send this order for state registration to the Ministry of Justice of the Russian Federation.

4. To impose control over the execution of this order on the Deputy Minister of Regional Development of the Russian Federation A.A. Popov.

And about. Minister

V.A. Tokarev

Registration number 23933

Criteria
the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices

1. Criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices for cold water, hot water, electric energy, natural gas, thermal energy (hereinafter referred to as the metering device of the appropriate type) are established in order to determine the possibility the use of metering devices of the appropriate type when calculating the payment for utility services for cold water supply, hot water supply, electricity supply, gas supply, heating.

2. It is not technically possible to install a metering device of the appropriate type in an apartment building (residential building or premises), with the exception of the apartment building (residential building or premises) specified in this document, if the survey reveals the presence of at least one of the following criteria :

a) installation of a metering device of the appropriate type according to the design characteristics of an apartment building (residential building or premises) is impossible without reconstruction, overhaul of existing in-house engineering systems (in-house equipment) and (or) without the creation of new in-house engineering systems (in-house equipment);

b) when installing a metering device of the corresponding type, it is impossible to ensure compliance with the mandatory metrological and technical requirements for the metering device of the corresponding type, including the place and procedure for its installation, imposed in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation;

c) in the place where the metering device of the corresponding type is to be installed, it is impossible to ensure compliance with the mandatory requirements for the operating conditions of the metering device of the corresponding type, which are necessary for its proper functioning, in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation, including due to the technical condition and (or) mode of operation of in-house engineering systems (in-house equipment), temperature conditions, humidity, electromagnetic interference, flooding of premises, and (or) it is impossible to provide access for taking readings of a metering device of the appropriate type, its maintenance, replacements.

3. It is not technically possible to install an individual, common (apartment) heat energy meter in the premises of an apartment building, with the exception of the apartment building specified in this document, if, according to the design characteristics, the apartment building has a vertical wiring of in-house engineering heating systems.

4. It is technically possible to install a metering device of the appropriate type in an apartment building (residential building or premises), with the exception of the apartment building (residential building or premises) specified in this document, if during the survey of the technical feasibility of installing a metering device of the appropriate type it is established lack of criteria specified in and of this document.

5. With regard to apartment buildings (residential buildings or premises), for which the Federal Law of November 23, 2009 No. 261-FZ “On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation” (Collected Legislation of the Russian Federation Federation, 2009, No. 48, article 5711; 2010, No. 19, article 2291; No. 31, article 4160, article 4206; 2011, No. 29, article 4288, article 4291; No. 30, article 4590 , No. 49, item 7061, No. 50, item 7344, 7359, No. 51, item 7447) there is a requirement to equip them on the date of their commissioning with certain types of metering devices for energy resources, the technical possibility of installing such metering devices is available.

Act form
surveys to establish the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices

__________________ "__" ______________ 20__

1. ______________________________________________________________________

conducting the survey)

address (location): _______________________________________________

_________________________________________________________________________

contact number: ____________________________________________________,

2. Represented by _______________________________________________________________

_________________________________________________________________________

(surname, name, patronymic of a person - a representative of a legal entity

(individual entrepreneur) conducting the survey)

acting on the basis _______________________________________________

_________________________________________________________________________

(details of the document confirming the authority of the person to conduct

examinations)

3. In the presence of (specify if present):

_________________________________________________________________________

(name of the legal entity (individual entrepreneur),

responsible for the maintenance of the common property of the owners of the premises

in an apartment building and a person representing his interests during

examinations)

_________________________________________________________________________

(surname, name, patronymic of the owner (representative of the owner)

premises, residential building in which the survey is carried out)

_________________________________________________________________________

(other persons participating in the survey)

4. A survey was conducted to establish the presence (absence)

technical feasibility of installation _______________________________________

_________________________________________________________________________

(individual, common (apartment), collective (common house)

metering device _______________________________________________________________

(cold water, hot water, electric power, natural gas,

thermal energy)

5. Address: _______________________________________________________________

(indicate the address of the apartment building (residential building or premises),

in which the test is being carried out)

6. Examination conducted: ______________________________________________

(indicate how the examination was carried out: by inspection or

using tools / measuring instruments)

using the following tools _________________________________

(indicate the name of the instrument if it is used during the

examination, and if a measuring instrument is used, indicate it

metrological characteristics and expiration date of the next

check interval of the measuring instrument)

7. As a result of the survey, it was established: _______________________________

_________________________________________________________________________

(indicate the presence or absence of technical feasibility of installation

metering device)

8. There is no technical possibility of installing a metering device due to

establishing the following criteria for the absence of such an opportunity: __________

_________________________________________________________________________

(indicate specific criteria for the lack of technical capability

meter installation)

_________________________________________________________________________

9. Dissenting opinion of those present (if any): ______________________

_________________________________________________________________________

10. This Act is drawn up in ____ copies

Signatures of persons participating in the survey:

______________________ (____________________________)

Order
filling out an inspection report to determine the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices

1. The survey report to establish the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices (hereinafter referred to as the survey report) indicates the full name of the legal entity (last name, first name, patronymic, passport data of an individual entrepreneur ) conducting the survey, as well as the contact details of such a legal entity (individual entrepreneur): address (location (place of permanent residence) and contact phone number.

2. The survey report shall indicate the last name, first name, patronymic of each person - a representative of a legal entity (individual entrepreneur) conducting the survey, as well as the details of the document confirming the authority of this person to conduct the survey (power of attorney, order, order, etc.).

3. The surname, name, patronymic of each person present during the examination shall be indicated in the examination report, including:

Other persons participating in the survey.

4. The inspection report indicates the type of metering device, for the installation of which a survey of the presence (absence) of the technical feasibility of its installation is carried out:

Individual or common (apartment) or collective (common house);

Meter for cold water, hot water, electric energy, natural gas, thermal energy.

5. The survey report indicates the address of the apartment building (residential building or premises) in which the survey is carried out for the technical feasibility of installing a metering device of the appropriate type.

6. The survey report indicates the method of conducting the survey: by inspection or using tools / measuring instruments.

If a tool is used during the survey, its name and characteristics are indicated.

If a measuring instrument is used during the survey, its name, metrological characteristics and the date of expiration of the next check interval are indicated.

7. The survey report indicates the results of the survey, namely the presence or absence of the technical feasibility of installing a metering device of the appropriate type.

8. The survey report is filled in if during the survey it is found that there is no technical possibility of installing a metering device of the corresponding type, indicating the specific criteria identified during the survey for the lack of technical feasibility of installing a metering device of the corresponding type.

9. The survey report is filled in if any of the persons present during the survey has a dissenting opinion regarding the course of the survey and the results of the survey.

In this case, the surname, name, patronymic of the present person with a dissenting opinion, as well as the content of the dissenting opinion, are indicated in the examination report.

10. The survey report indicates the number of copies of the drawn up report, which must correspond to the number of persons present during the survey.

The drawn up acts are handed over to each of the persons present during the examination.

Document overview

From September 1, 2012, new rules for the provision of public services in multi-apartment and residential buildings. According to them, individual, common (apartment) and collective (common house) metering devices for consumed resources (cold and hot water, electricity and heat, natural gas) should be installed in the premises. An exception is the technical impossibility of such an installation.

The criteria by which it is determined have been developed. For example, it is considered impossible to install metering devices if this requires reconstruction, overhaul of existing ones or the creation of new in-house engineering systems (in-house equipment). A similar conclusion is made if it is impossible to comply with the mandatory metrological and technical requirements for the metering device or the requirements for the conditions of its operation (in particular, due to the technical condition of engineering systems, humidity, temperature conditions, electromagnetic interference, flooding of premises).

Individual and general (apartment) heat energy meters are not installed in apartment buildings with vertical wiring of engineering heating systems.

The results of a survey of the technical feasibility of installing a meter are reflected in the act. Its form and filling order are established.

In newly built houses, the technical possibility of installing metering devices should be available in any case.

In houses in which metering devices are not installed, utility bills are higher, because from the new year a multiplier of 1.5 is applied to the consumption standard. But what if there is no MKD technical ability to install a meter? Should I apply a multiplier in this case?

Today we will talk about a number of issues installation of metering devices in apartment buildings: what is the technical possibility of installing a PU, when the IPU starts to operate, and what to do if the PU has worked for less than three months.

Technical possibility of installing a metering device

Owners of buildings, structures, structures, owners of premises in MKD must ensure that such buildings comply with energy efficiency requirements and install metering devices in them (clause 9 of article 11 N 261-FZ).

If the owners do not fulfill their duties and do not install metering devices, this is done for them by the RSO. The owners, in fact, pay for the RSO for the installation of the launcher in equal installments over a period of five years (clauses 9-13 of article 13 N 261-FZ).

At the same time, there is a negative judicial practice, when the obligation to compensate expenses of RSO for the installation of metering devices is assigned to the managing organization with further compensation from the owners of the premises (determination of the Supreme Court of the Russian Federation of 06/17/2015 N 310-ES15-912 in case N A14-13747 / 2013).

This is due to the systematic interpretation of Art. 162 ZhK RF, p. 20 RF PP N 416, p. 24-26 RF RF N 491. The MA, by virtue of its status, has comprehensive information on the share of each owner in the common ownership of the common property in the MKD. Also, the MA has the authority to settle with the RSO and to receive payments from the owners for the services provided.

Therefore, it is important to convey to the owners that the installation of metering devices is their responsibility, not their right. If the owners do nothing, by default it can be assumed that there is a technical possibility to install a meter, but it is not available.

If the owners are sure that it is impossible to install an EA in their house, they have the right to demand that the EA executor draw up an act on technical impossibility of installing a metering device(Clause 33 to (3) RF PP N 354).

If there is no such act, then norm of consumption of communal resources a multiplier of 1.5 is applied. This means that the amount in payment documents will be higher.

Technical impossibility of installing a metering device

cases technical impossibility of installing metering devices are listed in paragraph 3 of the order of the Ministry of Regional Development of the Russian Federation of December 29, 2011 N 627. You cannot install the PU when:

vertical wiring of house engineering systems;
the need for reconstruction or major repairs of in-house engineering systems;
inability to ensure compliance with technical requirements;
the need to ensure the operation of the meter: electromagnetic interference, humidity, it is impossible to take readings, flooding.

Who should compose act of inspection of the metering device, you ask?

ODPU - the inspection report is drawn up by the RSO and the MA / HOA or the MA / HOA with the right to check the RSO,
IPU is a utility service provider.

When does the IPU begin to operate?

The meter is ready for use and begins to operate after commissioning (clause 81 of the RF PP N 354).

Decree of the Government of the Russian Federation of December 26, 2016 N 1498 says that the meter is put into operation within a month after installation. From the first day of the month following the month of putting the PU into operation, the contractor begins to calculate the amount of the fee for the CU according to the indications of the commissioned operation of the meter.

If an individual or common (apartment) meter worked for less than three months (for heating - less than three months heating period), payment for public Utilities provided to consumers in residential or non-residential premises behind billing period, is determined based on the consumption standards of the corresponding CU.

In many apartments there are still no meters for the consumption of utility resources, and people pay according to the standard - most often more than they would pay according to the readings of the meter. But there are also those who have nowhere to install the meter simply physically, there is too little space, the design of the intra-apartment networks does not allow, it will be difficult to take readings, the pipes are old. How is it legally competent to first equip your housing with meters, and the second to refuse it? We are discussing the topic with Denis Sedov, director of the MBU "Contact Center under the Mayor of Ulyanovsk".

- Denis Konstantinovich, what are the criteria for the technical feasibility of installing a meter and what significance do they have for a particular tenant of a particular apartment?

- The installation of metering devices for the consumption of communal resources is regulated by several regulatory legal acts. Firstly, this is the Law No. 261-FZ of November 23, 2009 "On Energy Saving ...". Secondly, these are the Rules for the provision of public services No. 354 of 05/06/2011. And, thirdly, Order No. 627 of December 29, 2011, which is called “On approval of the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of an inspection report for establishing the presence (lack) of the technical possibility of installing such devices and the procedure for its filling.

The law introduces the obligation of consumers to install metering devices - both general and individual. The rules regulate the procedure for accounting for resource consumption, and the Order with this long name determines under what conditions it is possible to install meters and under which it is not. But the criteria, I emphasize, are developed not so much to determine the possibility of actually installing the device, but to determine whether the metering device can be used when calculating utility bills. Here is such a nuance.

- Is it possible that an already installed device may be considered unsuitable for calculating payments?

- It turns out like this - based on whether the device itself, the place of its installation and the operating conditions meet the criteria prescribed in the Order. The first one can be called absolute: specifications for the installation of metering devices a priori exist in houses put into operation after the entry into force of the Law "On Energy Saving ...". It's November 27, 2009. There are features of installing individual heat energy metering devices, which require horizontal wiring of in-house engineering systems, while in most multi-apartment residential buildings in operation today it is vertical. Obviously, there are conditions for fitting not only in houses newly built after November 27, 2009, but also in houses put into operation on that date after a major overhaul or reconstruction. That is, the legislator actually obliges developers to fit such houses even before they are settled, and future residents no longer need to worry about this.

— And what about houses built before November 2009?

- For houses put into operation before November 27, 2009, the criteria are set in Appendix 1 to the Order. To conclude that it is not technically possible to install a meter, it is sufficient to identify at least one of the following circumstances:

- installation of a metering device of the appropriate type according to the design characteristics of an apartment building or premises is impossible without reconstruction, overhaul of in-house engineering systems or in-house equipment or without the creation of new systems and equipment;

- when installing a meter, it is impossible to ensure compliance with the mandatory metrological and technical requirements for the meter, including the place and procedure for its installation, imposed in accordance with Russian legislation on ensuring the uniformity of measurements and on technical regulation;

- in the place where the metering device is to be installed, it is impossible to ensure the requirements for the operating conditions of the device that are necessary for its proper functioning. Including due to the technical condition of the in-house equipment, humidity, temperature, electromagnetic interference. Or it is impossible to provide access for taking readings, servicing the meter, replacing it.

If during the survey it is revealed that the above circumstances are absent, then there is a technical possibility for installing the appropriate metering device.

Who is conducting this survey?

- According to the Order, the owner of the dwelling may be present during the survey (and if an application for the installation of individual device accounting, then his presence is necessary), a representative of the RNO, a representative of an organization serving the common property, which, if necessary, will provide access to the border of the networks, where the device is usually installed, other persons. At the same time, the presence of representatives of the authorities is not mandatory. Based on the results of the survey, an act is drawn up - its form is given in Appendix No. 2 to the Order, in which it is concluded that there is a technical possibility for installing a meter or its absence. In the event that one of the participants in the survey has a dissenting opinion about its results, an entry about it is made in the act. One copy of the act is handed to each of those present.

In whose name is the citizen applying?

- Paragraph 9 of Article 13 of the Law "On Energy Saving ..." the obligation to install metering devices, their operation and replacement is assigned to resource supply organizations (RSO), which are not entitled to refuse to conclude an agreement with persons who have applied to them, since it is public. The procedure for concluding the contract and its essential terms were approved by the Order of the Ministry of Energy of Russia No. 149 dated April 17, 2010. Upon receipt of an application from the customer, the RSO must conduct an inspection of the facility in order to verify the technical feasibility of installing the device. If it is available, RCO sends the customer a contract signed on its part and technical conditions that the customer has to fulfill before installing the meter. And in the absence of technical feasibility, a refusal to conclude an agreement is sent to the customer. If the owner of the premises turned not to the RSO, but to some other company, then she is not obliged to sign the contract or draw up an inspection report for the possibility of installing the device, and this moment may come up later, when installed counter will be put into operation by the managing organization (executors). The contractor may find that the installed metering device is not suitable for use in calculating utility bills. It will discover, in other words, just what the criteria for the presence or absence of technical feasibility for installing metering devices were developed for. And he can draw up an act about it.

- The law also provides for the compulsory appropriation of houses and apartments. How is it done in this case?

- Yes, the deadlines for the voluntary installation of metering devices of all types, except for thermal ones, have expired, and the RNO must do this forcibly, providing the owners with a five-year installment plan in payment for the instrumentation. It also follows from the meaning of the legal documents that if, for some reason, the object is unsuitable for installing meters, the resource workers themselves must perform all the work to prepare, say, intra-apartment engineering systems for instrumentation, and then install the metering devices themselves. This can greatly increase the costs of owners to equip their homes with metering devices. To imagine this working in practice, however, is quite difficult. Rather, the RSO will conclude that it is not technically possible to install the device.

Gennady Yakimchev

Registration N 23933

In accordance with subparagraph "d" of paragraph 4 of the Decree of the Government of the Russian Federation of May 6, 2011 N 354 "On the provision of public services to owners and users of premises in apartment buildings and residential buildings" (Collected Legislation of the Russian Federation, 2011, N 22, art. 3168) I order:

1. Approve:

3. Not later than 10 days from the date of signing, the Department of Housing and Communal Services shall send this order for state registration to the Ministry of Justice of the Russian Federation.

4. To impose control over the execution of this order on the Deputy Minister of Regional Development of the Russian Federation A.A. Popov.

And about. Minister V. Tokarev

Appendix No. 1

Criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices

2. It is not technically possible to install a metering device of the appropriate type in an apartment building (residential building or premises), with the exception of an apartment building (residential building or premises) specified in paragraph 5 of this document, if the survey reveals the presence of at least one of criteria below:

a) installation of a metering device of the appropriate type according to the design characteristics of an apartment building (residential building or premises) is impossible without reconstruction, overhaul of existing in-house engineering systems (in-house equipment) and (or) without the creation of new in-house engineering systems (in-house equipment);

c) in the place where the metering device of the corresponding type is to be installed, it is impossible to ensure compliance with the mandatory requirements for the operating conditions of the metering device of the corresponding type, which are necessary for its proper functioning, in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation, including due to the technical condition and (or) mode of operation of in-house engineering systems (in-house equipment), temperature conditions, humidity, electromagnetic interference, flooding of premises, and (or) it is impossible to provide access for taking readings of a metering device of the appropriate type, its maintenance, replacements.

3. It is not technically possible to install an individual, common (apartment) heat energy meter in the premises of an apartment building, with the exception of the apartment building specified in paragraph 5 of this document, if, according to the design characteristics, the apartment building has a vertical wiring of in-house engineering heating systems.

5. With regard to apartment buildings (residential buildings or premises), for which the Federal Law of November 23, 2009 N 261-FZ "On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation" (Collected Legislation of the Russian Federation Federation, 2009, N 48, item 5711; 2010, N 19, item 2291, N 31, item 4160, item 4206; 2011, N 29, item 4288, item 4291, N 30, item 4590 , N 49, item 7061, N 50, item 7344, 7359, N 51, item 7447) there is a requirement to equip them on the date of their commissioning with certain types of metering devices for energy resources, the technical possibility of installing such metering devices is available.

Appendix No. 3

The procedure for filling out an inspection report to determine the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices

1. In paragraph 1 of the survey report to establish the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices (hereinafter referred to as the survey report), the full name of the legal entity (last name, first name, patronymic, passport data) individual entrepreneur) conducting the survey, as well as the contact details of such a legal entity (individual entrepreneur): address (location (permanent place of residence) and contact phone number.