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Who pays for heating in the rented premises. Calculation of thermal energy (heating) in non-residential premises where the basement is not heated

At the same time, part 18 of the Rules for granting utilities owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of 06.05.2011 No. 354, the following is established: “The owner non-residential premises in apartment building has the right, in order to provide communal resources for his non-residential premises in an apartment building, to conclude contracts for cold water supply, hot water supply, sanitation, electricity supply, gas supply, heating (heat supply) directly with resource supply organizations. These contracts are concluded in the manner and in accordance with the requirements established by civil law Russian Federation and the legislation of the Russian Federation on water supply, sanitation, electricity supply, gas supply, heat supply.

Does the tenant have to pay for heating?

the cost of utilities may change every month depending on changes in tariffs or the amount of consumed services, which excludes economic losses for both the landlord and the tenant.

Attention

At the same time, the provisions<п. . <1 Несмотря на то что в Информационном письме ВАС РФ рассмотрел соглашение об участии арендатора в расходах на потребленную электроэнергию, его вывод распространяется и на другие коммунальные услуги, так как правила об энергоснабжении применяются и к отношениям, связанным со снабжением тепловой энергией, газом, водой (ст. 548 ГК РФ). Итак, в указанных случаях коммунальные платежи уже не являются частью арендной платы, а носят характер самостоятельных платежей.

At the same time, in the period from January 2012 to April 2012, Volga Territorial Generating Company OJSC supplied heat energy to the above non-residential premises, and the following invoices were issued N 744200478/77236 dated 01/31/2012, N 744202053/77236 dated 02/29/2012, N 744203654/77236 of 03/31/2012, N 7800200476-7440/77236 of 04/30/2012 (case sheet 71-73) for a total amount of 4998 rubles. 93 kop. Payment for thermal energy was not made, which served as the basis for the plaintiff to file a claim with the court.
Satisfying the claims in full, the court of first instance, based on the norms of Articles 210, 249, 539-548 of the Civil Code of the Russian Federation, reasonably pointed out that the burden of maintaining the property was placed on its owner, an exception to this rule should be specially established by law or by agreement.

Utility payments for rent

Important

With regard to payments for utilities, the tenant, in agreement with the landlord, can pay for the "communal" either as part of the rent or separately from it. The possibility of including utility bills in the rent is established by civil law (Article 614 of the Civil Code of the Russian Federation).

Let's consider several ways of such inclusion: 1. The rent, taking into account the "communal" - is fixed. With this method, the amount of rent, taking into account utility costs, is determined in a fixed form.
The cost of utilities is not separately allocated in the contract. For example, the organizations Alpha (lessor) and Omega (tenant) entered into a lease agreement for non-residential premises with a total area of 200 sq. m. The contract provides that the monthly rent is 42,952 rubles.

Payment for heating the rented basement

The specified amount is determined on the basis of an invoice issued by the landlord with copies of utility bills attached. When using the second method, the variable part, i.e.
the cost of utilities may change every month depending on changes in tariffs or the amount of consumed services, which excludes economic losses for both the landlord and the tenant. At the same time, the provisions of paragraph 3 of Art. 614 of the Civil Code of the Russian Federation on the inadmissibility of revising the rent more than once a year are not violated (for more on this, see clause 11 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 N 66). 33.1.2.

Chapter 33

How is the amount of payment for heating in non-residential premises of an apartment building determined in the absence of metering devices? for gas and electric energy - by calculation, agreed by the resource supply organization with the person who has concluded an agreement with it, based on the power and mode of operation of the consuming devices installed in these premises; d) for heating - in accordance with subparagraph 1 of paragraph 1 of Appendix No. 2 to the Rules [note: according to the consumption standard in Gcal / sq.m, i.e. the calculation is the same as for apartments]. Does the rent paid by owners differ from the rent paid by tenants The rent for a dwelling does not depend on the number of registered people.

The Housing Code of the Russian Federation establishes (art.

Heating in the rented premises

The property transferred to the company under the lease agreement must be suitable for use based on its actual purpose. Provided by IP Lukoyanova Yu.V. non-residential premises are provided with a heat supply system, through which the supply of heat necessary for the normal operation of the property is carried out.
Due to the fact that the use of a leased non-residential premises involves the consumption of the supplied energy resources by the tenant, the landlord, as the owner of the premises, is obliged to ensure conditions for the tenant's access to utilities, and, consequently, to pay for them to resource providers. These conclusions of the court of first instance correspond to the legal position set out in the decision of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 21, 2013 N 13112/12. Under such circumstances, claims to IP Lukoyanova Yew.The.
Ulyanovsk, st. Karbysheva, 30, is in municipal ownership. In the period from 07/01/2008 to 03/09/2012, the named premises were leased to the entrepreneur Lukoyanova Yu.V.
in accordance with agreement

N 8883/1415, concluded between her and the Committee for the management of city property of the mayor's office of the city of Ulyanovsk. According to clause 2.2.8 of the agreement, the tenant is obliged, within two weeks from the date of conclusion of this agreement, to conclude agreements with special organizations (either the balance holder or the responsible tenant) for supplying the premises with energy and other resources, maintaining the premises, and also maintaining the building in proportion to occupied area.

However, the heat supply agreement between IP Lukoyanova Yew.The. and resource-supplying organization OAO VTGC was not concluded.

Who pays for heating in the rented premises

Therefore, in practice, organizations prefer to use the second method. 2. The rent is fixed, "communal" - variable.

With this method, the amount of rent in the contract consists of two parts: - fixed (basic) payment; — variable (additional) payment. A fixed (basic) payment is actually a payment for the area of rented premises (buildings), i.e.

rental fee. The variable (additional) part of the rent is the cost of utilities consumed by the tenant in the billing period. For example, between organizations "Alpha" (lessor) and "Omega" (tenant) concluded a lease agreement for non-residential premises with a total area of 200 sq. m. The terms of the agreement provide that the tenant pays monthly rent in the amount of 33,400 rubles.
The agreement provides that the tenant pays monthly rent in the amount of 167 rubles. for 1 sq. In addition, the tenant undertakes to pay monthly the cost of utilities (hot and cold water supply, heating, energy supply, gas supply) in proportion to the area of the leased premises on the basis of invoices issued by the landlord. The landlord is required to confirm the cost of utilities paid by the tenant by providing utility bills. In addition, landlords and tenants can enter into independent agreements on reimbursement of utility costs. For example, an agreement on the reimbursement of expenses for paying utility bills, or an agreement on paying for utilities, or an agreement on participation in the costs of paying utility bills, etc.

Most organizations operate in rented premises. In order to properly operate the premises, tenants use electricity, cold and hot water, heat, gas, i.e.

utilities (clause 4, article 154 of the LC RF). The list of provided utilities is established in each case in the lease agreement. Thus, when receiving property for rent, the tenant has an obligation not only to pay the rent in a timely manner and in full, but also to pay for utilities, unless otherwise provided by law or agreement (clause 2, article 616 of the Civil Code of the Russian Federation). As a rule, tenants pay utility bills not to the providers of these services, but to their landlords, thereby compensating their expenses for the "communal".

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Payment for heat in a non-residential basement

Hello. I own a non-residential basement in an apartment building, through which the main pipes of heating and water supply systems pass. All pipes are thermally insulated, there are no radiators. I heat the room with electric heaters. Since 2017, the HOA began to issue invoices for 100% payment for heat. Do they have the right to do so? On the basis of what legal documents is the calculation of the cost of payment for heat in basements made? How can I challenge the actions of the HOA?

Sergey, Syktyvkar.

Lawyers Answers

best answer

Sutormina Elena Alexandrovna(02/09/2017 at 20:13:26)

Good day, Sergey. According to paragraph 54 of the Decree of the Government of the Russian Federation of May 6, 2011 N 354 "On providing owners and users of premises in apartment buildings and residential buildings", In the case of independent production by the contractor of utility services for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply) using equipment that is part of the common property of the owners of premises in an apartment building, the calculation of the amount of payment for consumers for such a utility service is carried out by the contractor based on the volume of the communal resource (or resources) used during the billing period in the production utility services for heating and (or) hot water supply (hereinafter referred to as the utility resource used in production), and the tariff (price) for the utility resource used in production. The volume of the communal resource used in the production is determined according to the readings of the metering device that fixes the volume of such a communal resource, and in its absence - in proportion to the costs of such a communal resource for the production of thermal energy used for the provision of a communal heating service and (or) for the provision of a communal service for hot water supply. I assume that the HOA exposes you to some strange amounts, due to the fact that the supply of thermal energy to non-residential premises is carried out on the basis of resource supply agreements concluded in writing directly with the resource supply organization. At the same time, the HOA provides information about the owners of non-residential premises in an apartment building, and also sends notifications to owners of non-residential premises in an apartment building about the need for resource supply directly with resource-supplying organizations. Due to the lack of central heating in your non-residential premises, accordingly, no contract can be drawn up with you, in fact, as well as fees for this resource. In accordance with clause 33 of Decree No. 354, the consumer has the right: to receive from the contractor information on the correctness of the calculation of the amount of utility bills presented to the consumer for payment. Send a request to the HOA, with a request to clarify the grounds for the issued receipts, these actions of the HOA are illegal. Further, based on the answer, you can contact the GZHI of your city.

best answer

Anatoly K.(02/09/2017 at 20:19:28)

Hello Dear Sergey, on the merits of your question, I can explain the following: Since an insulated pipeline has been laid in the basement and the air temperature is maintained by your electric heater, of course there are no grounds for charging you as the owner of the heating fee. Otherwise, it would mean that the contractor intends to recover from the owner of the premises the consumption of thermal energy for technological losses during its transportation, which are taken into account when approving the tariff (in relation to losses through external networks) and the consumption standard (in relation to intra-house losses), and if there is an operating cost, they are paid by the owners heated premises (decisions of the AC UO dated February 11, 2015 No. F09-10034 / 14, F09-9985 / 14, AC VSO dated October 15, 2014 in case No. A10-2458 / 2013, AC ZSO dated February 20, 2015 No. F04-15650 / 2015 , AS SZO dated October 27, 2015 in case No. A42-9616 / 2014). The court will take your side as the owner of this premises and refuse the Criminal Code in the claim, if the latter does not prove that the actual consumption of thermal energy received through heat release from insulated heating and hot water pipelines of the house passing through the defendant's premises allows maintaining the required temperature in this premises air without installing additional equipment (Resolution AS PO dated 06/11/2015 No. F06-23212 / 2015). Go ahead, all the best and good luck to you.

Timofeev Ivan Alexandrovich(02/09/2017 at 20:22:12)

Good afternoon!

Such an act is Decree of the Government of the Russian Federation of May 6, 2011 No. 354 "On the provision of UTILITY SERVICES TO OWNERS AND USERS OF PREMISES IN MULTI-APARTMENT

HOUSES AND RESIDENTIAL HOUSES" in accordance with subclause "d" clause 31 of the resolution:

The Contractor is obliged to check the correctness of the calculation of the amount of payment for utilities presented to the consumer, debt or overpayment of the consumer for utilities, the correctness of the calculation of penalties (fines, penalties) to the consumer, and immediately, based on the results of the verification, issue to the consumer documents containing correctly accrued payments . The documents issued to the consumer at his request must be certified by the signature of the head and the seal of the contractor (if any). Apply with a written request to the HOA service provider to justify the calculation and recalculate. If you are refused, you have the right to apply to Rospotbernadzor, the prosecutor's office or the court. I will be grateful for the answer [email protected]

Sigula Anna Valentinovna(02/09/2017 at 20:22:25)

Good day, Sergey. You, as the owner, should contact the HOA to familiarize yourself with the design and operational documentation. If a pipe with a heat carrier for your house runs through your basement, then you will pay for energy losses in the basement according to the balance sheet. To reduce input costs, heat meters are installed. You can recalculate in accordance with the rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation No. 354.

Sergey Zubkov(02/09/2017 at 22:41:21)

Hello. The pipes are thermally insulated to reduce heat losses during its transportation. So they cannot be a source of heat. But the HOA doesn't care about that. Drive the fee and no talking. You can challenge the actions of the HOA on the basis of the decision of the AC AC of October 19, 2015 in case No. AOZ-1395/2015, according to which the location of a transit pipeline is an objective necessity and is due to the technical, technological and structural arrangement of a residential building. Transit pipelines are a component of the heat supply system (heat network) of the house and, if they are properly insulated, cannot be classified as heat-consuming installations. The fact that the main pipe passes through a non-residential premises, which is part of the basement of a residential building, does not in itself indicate the existence of grounds for collecting payment for heating from the owner or other owner of such premises.

Basement in MKD. According to the calculation of heat loss, the basement consumes 40% of the heat consumed for heating the same room on the 1st floor. According to Decree 354, utilities for heating must be paid equally, both by the owner of 100 sq.m on the ground floor and the owner in the basement. The interests of the owner of the basement are infringed. In fact, he consumes less, but pays for the consumption of the entire MKD. in terms of unreasonably exposed 60%. Since the total area is included in the calculations in full, and not 40%, as it would be correct from the point of view of technical and technological regulatory documents.

The question refers to the city of Angarsk

Refinement from July 11, 2016 - 09:07

Refinement from July 11, 2016 - 09:07
Do you think I will win? And how is the LCD reference to Resolution 354, where the formula says "TOTAL AREA" and according to the letter of the Ministry of Regional Development of the Russian Federation dated November 22, 2012 N 29433-VK / 19, the values \u200b\u200bof the total area of \u200b\u200ba residential premises (apartments), non-residential premises in an apartment building should be determined on based on the data contained in the document confirming the right of ownership (use) for the premises in an apartment building, the act of transfer or other document on the transfer by the developer of the premises in the apartment building, the technical passport of the dwelling (apartment) or the technical passport of the apartment building.

Petr Kravets

Reading time: 4 minutes

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Basement heating is of interest to both owners of multi-storey buildings and private country cottages. Often they equip bars, billiard rooms, cafes, recreation areas, gyms, saunas or small cinemas.

Any such use of the underground of the house requires heating the basement for a comfortable stay in it for people.

Basement types

SNiP 31-02-2001 regulates the types of underground facilities as follows:

Basement

It is a floor with a floor in a room that is half the height of the walls below ground level. This type of room can be forced-heated by additional equipment, or without heating.

Underground

The space under the house between the floor of the first floor and the ground. The bottom of the building, where communication pipelines are laid and equipment is placed, is called the technical underground.

Ground floor

The basement of the house is characterized by a floor mark below the ground, buried at a distance of less than half the height of its walls. In the basement, lighting, heating and other types of work are done, since this room has great functionality and is used as an additional floor of the house.

Cellar

The cellar is buried in the ground, providing food and crop storage throughout the winter. It can be done both under the building and as a separate building, it can be placed under any outbuilding.

Organization of thermal protection at home

In places where heating will be done in the basement of a private house, it is necessary to carry out thermal insulation of the outer walls, especially the parts that will be in direct contact with the ground. This will help keep the heat inside and prevent condensation from forming.

In basements without heating, insulation with heat-shielding materials is done, as for a heated one, only additional layers can be added in the ceiling of the room to prevent cold from penetrating into the upper floors.

But even so, the temperature in the house will be much lower, so it is necessary to individually insulate the heating pipes in the basement from freezing during the cold season.

With external thermal insulation, the basement receives the following advantages:

There are no cold bridges through which wind and frosty air enters the room;
When condensation forms, it does not have time to cause a destructive effect on materials and the room;
Usable space inside the basement does not become smaller;
It is convenient to inspect the structures, which allows you to notice their damage by fungus or mold in time, as well as defects due to the harm of insects and rodents.

Of the shortcomings, it should be noted:

It is necessary to protect the layers of thermal insulation from mechanical damage for the period of the entire use of the house, while the cost of protective devices is significantly higher than the layers of thermal insulation material themselves;
It is difficult to protect against damage from insects, pest control is done with poisons and other toxic substances, which is not always applicable in a residential building;
When facing with a brick, the penetration of cold is possible, which will reduce the degree of heat in the room.

Even when designing a structure, protective work is planned against the following factors:

The impact of groundwater, which, when it enters the basement, is difficult to dry, especially in terms of building envelopes;
Moisture in the concrete mixture during pouring enters the room for a long time, giving dampness and a musty smell;
Possible capillary rise of water from different sources through the capillaries in the materials from which the basement was built;
The room air also forms moisture through condensate, the inner layer of thermal insulation is not able to provide absolute tightness, therefore condensate may appear on the walls of the basement. It is also formed from gases from the soil, which can penetrate around the entire perimeter of the basement;
For internal insulation of a room, materials are often used, the level of water penetration of which is quite high, and when wet, their characteristics are reduced. Then it is necessary to protect them with individual waterproofing works;
Internal thermal insulation layers make it difficult to drain the basement. Moisture from the soil, concrete and capillary water from the base materials is very difficult to remove and requires a long drying time. It is required to make high-quality waterproofing;
Walls that are below ground level are cold, and the warm and humid basement air somehow affects them from the inside, which leads to the formation of moisture with the subsequent destruction of materials.

When equipping a structure that protects against damage, additional layers of thermal protection can be made, both outside and inside. But they have the same disadvantages as the base, only at the same time they increase the estimate at times.

Arrangement of heating of underground premises

Heating in the basement is designed to create an optimal temperature regime, which changes during its operation. As a rule, water or air systems are used. The loads of the basement heating system are determined based on the heat balance of the basement.

When the basement is not in use by the owner, the high temperature can be maintained without using a heater - at a depth of more than two meters, the temperature in some regions does not drop below - 0 degrees Celsius.

Competent thermal insulation of the basement walls keeps the temperature at a level of up to degrees of heat without additional heating systems. In addition, communications and equipment also emit heat, which allows you to increase the degree of the room.

All heating devices are located at the enclosing structures of the basement walls.

Requirements for gas equipment in the basement

When installing gas boilers and other equipment, you must follow the rules for their installation and use. A gas boiler is installed if there is a boiler room in a private house. In the underground of an apartment building, the installation of gas equipment is strictly prohibited.

The requirements for the installation of gas units are as follows:

Ceilings in the room must be at least 2.5 meters;
The basement area cannot be less than 4 square meters;
Natural lighting should be equipped, and for every ten squares of the room - at least one window opening measuring 0.3 sq.m.;
Doorways should be at least 80 centimeters wide;
The basement must be equipped with high-quality ventilation;
It is necessary to make a gas analyzer that can turn off the gas supply with an electric valve in case of malfunctions.

Operation in the basement of gas equipment should be exclusively in accordance with the rules:

With open doors to the street
With an extractor hood, the draft of which is at least three volumes of air per hour;
The air inflow is calculated by the sum of the exhaust volume with the amount of air required for the operation of the burner;
A window must be equipped.

Installation of a coaxial chimney for a gas boiler in the basement

In addition to electric, all gas boilers are installed in the basement with air inflow and smoke removal. This device is located next to the unit or with heating boilers with a sealed combustion chamber.

As a rule, manufacturers supply this equipment with the boiler. A classic hood for such devices is not required, it will be possible not to remove combustion products from the room.

The device device is characterized by the presence of two tubes, which are located one inside the other without contact. They are taken out into the street. A larger channel is made to remove combustion products, and a small tube drives fresh air.

Then the smoke from the boiler is removed safely, without coming into contact with the incoming air portions from the outside.

The advantages of such a device.

Arbitration Court of the Murmansk Region

st. Knipovicha, 20, Murmansk, 183049

http://murmansk.arbitr.ru

In the name of the Russian Federation

DECISION

City of Murmansk Case No. А42-10712/2015

The operative part of the decision was announced: 31.03.2016.

The full text of the decision was made: 04/07/2016.

Judge of the Arbitration Court of the Murmansk Region Ye. S. Kamalova

when maintaining the minutes of the court session by the secretary of the court session Evdokimova O.V., having considered the statement of claim in the court session

Teploenergoservis Limited Liability Company (Primary State Registration Number 1065109002530, Murmansk Region, Monchegorsk, Nagornaya St., 34)

to an individual entrepreneur Vaigicheva Svetlana Ivanovna (OGRNIP 304510723800076, TIN 510700007523)

for the recovery of 45,655.90 rubles.

Third party: open joint stock company "Monchegorsk heating system" (OGRN 1055100082025, Murmansk region, Monchegorsk, Stroitelnaya st., 15)

with the participation in the court session of representatives:

from the plaintiff - Chistyakova AND.A., power of attorney; Romanovich S.A., power of attorney

from the defendant - Vaigicheva S.I., passport; Kolpakov A.V., power of attorney,

from the third person - did not appear, notified

installed:

Teploenergoservis Limited Liability Company (hereinafter referred to as the plaintiff) filed a claim with the Arbitration Court of the Murmansk Region, specified in accordance with the procedure of the article of the Arbitration Procedure Code of the Russian Federation, for the recovery of unjust enrichment in the amount of 44 821.84 rubles, interest for the use of other people's funds in the amount of 690.26 rubles.

In support of the claims, the plaintiff pointed out that, on the basis of the Decree of the Government of the Murmansk Region No. 358-PP dated 07/01/2013, the plaintiff made an adjustment to the payment for heating; the amount accrued to the defendant as a result of the adjustment made was not paid.

The defendant filed a response to the claim, in which he did not recognize the claim, indicated that the non-residential premises owned by the defendant, in respect of which the plaintiff made an adjustment in the payment for heating, is a basement that does not have centralized heating connected to the engineering networks of an apartment building; there are no risers of central heating pipelines and heaters; a transit pipeline runs in the basement. In addition, the defendant believed that the calculation of the plaintiff was incorrect.

The plaintiff filed objections to the response of the defendant, in which he indicated the procedure for determining the area of residential and non-residential premises in an apartment building. He considered the defendant’s premises to be heated, since a transit pipeline of the heating system runs in the basement, at the same time, there is no special procedure for settlements with individual owners of premises in an apartment building who have disconnected their premises from the centralized heating system, the obligation to pay utility bills is established for all consumers and cannot be made dependent on the presence or absence of heating devices in the room; the owner of the premises is obliged to bear the costs of paying utility bills for common house needs.

The defendant submitted a response to the plaintiff's objections, indicating, according to the contract concluded with Monchegorskaya Teploset JSC, the defendant pays for the loss of thermal energy, and not for heating services. The heating devices were never dismantled by the defendant, since they were never present in the disputed premises.

At the court session, the representative of the defendant additionally explained that in 2015 additional insulation of the transit pipeline (in addition to the previously existing one) was carried out in order to exclude any losses of thermal energy, in connection with which the defendant is currently not paying for heat losses, the contract with JSC "Monchegrsk heating network" is concluded only for hot water supply. He submitted for review by the court an agreement with Monchegrskaya Teploset JSC for 2016, in which the consumption of thermal energy for heating, including in the form of heat losses, is reflected as equal to zero.

The third party submitted a response to the claim, in which the claims were considered unfounded. JSC "Monchegorskaya Teploset" explained that the calculation of the volume of consumed heat energy for the defendant's heat consumption facility in 2014 was made on the basis of residual heat loads, since the non-residential premises are located in the basement of an apartment building and there are no heating devices in it, but there is an isolated transit pipeline. From the volumes of heat energy consumed in an apartment building according to the readings of common house metering devices, Monchegorskaya Teploset JSC deducted the volumes of heat energy presented by IP Vaigicheva S.I. He believes that the absence in the legislation regulating disputable legal relations of the procedure for calculating the amount of payment for heating premises not equipped with energy receiving devices cannot in itself be a basis for presenting for payment a part of the cost of thermal energy actually consumed by all other premises. The defendant's premises had never been connected to a centralized heating system and had not been converted to an alternative heating method. The specified room is, in fact, a technical basement, not included in the area of non-residential premises of an apartment building.

In addition, in the event of failure of a common house metering device installed in an apartment building in the period from September to November 2014, Monchegorskaya Teploset JSC presented to the plaintiff for payment the amount of heat energy for heating needs, calculated on the basis of standards based on the area of \u200b\u200bresidential premises, excluding area of non-residential premises of the defendant.

The plaintiff submitted objections to the response of a third party, in which the plaintiff considers untenable the third party's argument about the lack of connection of the defendant's premises to the centralized heating system, since a transit pipeline passes through the disputed premises.

The plaintiff submitted a written position on the case, indicating that, based on the results of the examination of the premises, the air temperature in the disputed premises was +12°С -+14°С, which complies with the requirements of GOST 30494-2011. The disputed non-residential premises of the defendant are not the common property of a residential apartment building, and therefore the utility service provider is obliged to calculate the adjustment taking into account residential and non-residential premises, since the area of an apartment building is the sum of the area of \u200b\u200bresidential and the area of non-residential premises in the house. He considers untenable the defendant's argument that a third party billed the defendant for heat losses, since the contract with a third party does not contain information about the residual load of the heating system of the disputed non-residential premises dated 06.05.2000 No. 105 was declared invalid.

According to the case file, the following was established.

The plaintiff was elected as the managing organization of the apartment building 22 on Metallurgov Ave. in Monchegorsk, which is confirmed by the minutes of the general meeting of the owners of the premises in the apartment building dated 24.02.2010 and 23.01.2015.

According to the certificate of state registration of rights dated 11.07.2012 Vaigicheva S.I. owns a non-residential premises with a total area of 104.8 sq.m., floor: basement, rooms on the floor plan IIa, located at the address: Monchegorsk, pr. .37).

According to the technical passport, the total area of apartments in the apartment building 22 on Metallurgov Avenue in Monchegorsk is 1714.3 sq.m.

As follows from the GUPTI certificate, the total area of the residential building is 2874.7 sq.m., including: the total area of residential apartments is 1710.8 sq.m.; the area of non-residential premises is 891.2 sq.m. (including basement area 111.2 sq.m.), staircase area 272.7 sq.m.

The inspection report dated 12/14/2012, drawn up by the resource supply organization, reflects that there is a store in the basement, there are no heating risers and batteries, there is a transit pipe, there is one point of water intake (vol. 2, case sheet 134).

The inspection report of March 27, 2015, drawn up by the resource supplying organization, reflects that a transit insulated pipeline passes through the store, one point of water intake was fixed, and there are no heating devices (vol. 2, case sheet 135).

The act of inspection dated 03/22/2016, conducted with the participation of the plaintiff, the defendant and a third party, reflects that a transit pipeline, bottling and risers of the heating system pass in the non-residential premises; the transit pipeline is insulated in warehouse No. 1 and No. 2, in the trading floor - additional protection; engineering networks are transit, there is one hot water tapping point; heating devices are not provided by the project; 6 oil coolers are used for heating. The temperature of the indoor air at an outdoor temperature of -6 was +12°С-+14°С, which corresponds to the temperature in the trading floors of stores.

From Appendix No. 1 to the heat supply and hot water supply contract No. 202/2013 dated April 22, 2013, it follows that the resource supply organization presents the defendant with residual heat consumption for payment.

According to the letter of Gipronickel Institute LLC Kola Branch dated March 14, 2016 No. GN-03-00/335, in the project of a residential building at Metallurgov Ave., 22, the technical basement in axes 8-12 and A-D is not heated by heating devices.

As follows from the extract from the project of the basement of the house presented in the case file, the defendant's premises are located within the indicated axes.

The defendant also submitted to the case file an act dated 01/22/2016, drawn up by representatives of the managing organization and the defendant, who recorded the result of the inspection of the defendant's premises due to flooding. The act reflects that due to the low outdoor temperature and the lack of heating in the store at night, there was a stagnation of cold air in the box, in connection with which there was a rupture of the hot water heating riser.

The plaintiff, believing that the defendant's premises are heated, on the basis of paragraph 2 of the Procedure for calculating the payment for the utility service for heating in residential (non-residential) premises of an apartment building equipped with a common house (collective) heat energy meter, approved by the Government of the Murmansk Region by a resolution of 07/01/2013 N 358-PP (hereinafter - Order N 358-PP), made an adjustment to the heating fee for 2014, taking into account the readings of the common house meter.

Based on the results of the adjustment made, the amount of the fee payable to the defendant for 2014 amounted to 44,821.84 rubles, which the plaintiff presented for payment.

Due to the fact that the amount of the heating payment adjustment was not paid by the defendant, the plaintiff accrued interest for the period from February 10, 2016 to March 23, 2016 in the amount of 690.26 rubles, which he presented for collection along with the main debt.

Having examined the materials of the case, having heard the parties, evaluating the evidence presented, the court finds the claims not subject to satisfaction on the following grounds.

It follows from part 1 and paragraph 5 of part 2 of article, part 2 of article, article of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) that from the moment the right of ownership to a dwelling arises, its owner is obliged to pay monthly for the dwelling and utility bills.

In such circumstances, the claims should be denied.

When applying to the court with this statement of claim, the plaintiff, by payment order dated 23.12.2015 No. 8095, paid the state fee in the amount of 2,000 rubles.

Litigation on:

For utility bills

Judicial practice on the application of the norms of Art. 153, 154, 155, 156, 156.1, 157, 157.1, 158 RF LC

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