Recalculation for hot water of inadequate quality formula. What period is taken into account when recalculating for hot water of inadequate quality

owners of residential premises in MKD have the right to recalculate utilities in case of provision of utilities of inadequate quality or with interruptions exceeding the established ones, or in case of temporary absence of the consumer in the residential premises. The managing organization servicing the MKD cannot refuse to make such a recalculation. Today we will tell you about who, how and when to recalculate utilities.

Recall that on December 28, 2015, part of the Federal Law No. 176 of June 29, 2015 came into force, regulating the responsibility of the Criminal Code for the provision of low-quality utilities and the incorrect calculation of the monthly fee for them. According to the new rules, in the listed cases, the Criminal Code is obliged to pay a penalty to the owner (or owners) of residential premises.

The conditions for the provision of communal services by the management company to owners of residential premises are determined in treaty MKD management . At the same time, the Criminal Code cannot refuse to include in the contract the conditions for the provision of communal services, nor, in fact, from the provision of these services.

The MC selected at the OSS starts providing utility services to the owners of residential premises from the date indicated in the decision of the OSS on the choice of the MC, or from the date of the conclusion of the MKD management agreement, but not before the date supply of a communal resource under an agreement concluded between the management company and the Republic of North Ossetia.

Termination of the supply of utilities by the managing organization occurs from the moment of termination of the contract for the management of MKD, or from the moment of termination of the contract for the acquisition of a communal resource, concluded by the management company with the RSO.

Recalculation utility bills may be done in connection with:

• use of residential premises by temporarily residing consumers;
• the provision of public services of inadequate quality or with interruptions exceeding the possible duration;
• temporary absence of a consumer or consumers (or one of the consumers) of utilities in the occupied residential premises;
• payment by the management company to the consumer of forfeits established by the Federal Law and the MKD management agreement.

Recalculation for the period of temporary absence of a utility consumer

The absence of the consumer in the residential premises occupied by him for more than 5 full calendar days in a row is considered temporary.

• During the period of temporary absence of the consumer in a residential area that is not equipped with an individual or common appliance accounting, the recalculation is done for the utility service provided in such a room, with the exception of the utility services for heating and gas supply supplied for the purpose of heating residential premises (this is provided for by subparagraphs “e” and “e” of clause 4 of the “Rules for the provision of utility services to owners and users of premises in MKD).
• The recalculation of the amount of payment for the KU for water disposal is carried out only if the amount of payment for cold or hot water supply is recalculated.
• No recalculation is made for CU on common house needs.
• If we are talking about two-part tariffs, then the recalculation of the amount of the fee for the CG is carried out only in relation to the variable component of the fee; the fixed component of the payment (accounting for the residential premises occupied by the consumer) is not subject to recalculation.

The procedure for issuing a recalculation

The recalculation of the amount of the fee for the CU is carried out for the number of full calendar days of the absence of the consumer, not including the day of departure from the dwelling and the day of arrival in it.

The consumer is obliged to submit a written application for the recalculation of the amount of the fee for the CU before the start of the period of his temporary absence or no later than 30 days after the end of this period. The MC must make a recalculation within 5 working days after receiving such an application.

The management company recalculates the amount of the fee for the CU for the period of temporary absence of the consumer indicated in the application, this period should not exceed six months.

If after these 6 months, for which the MC recalculated the amount of the fee for the CU, the period of temporary absence of the consumer continues, he is obliged to re-submit to the MC written statement of recalculation for subsequent billing periods due to the extension of the period of his absence. In this case, the MC recalculates the amount of the CG fee for the period specified in this application, but not more than 6 months following the period for which the MC has already made a recalculation.

Together with the application for recalculation, the consumer is obliged to provide the Criminal Code with documents that can confirm the duration of his absence. If this was not done, or if the documents provided do not confirm the period of his absence specified in the application, the Criminal Code has the right to charge utility fees in full. Also, the Criminal Code has the right to apply penalties for late or incomplete payment of utility bills (part 14 of article 155 of the LC RF).

In a situation where the application for recalculation is submitted by the consumer within 30 days after the end of period of temporary absence, the Criminal Code makes a recalculation for the period of temporary absence of its client, which, as mentioned earlier, must be documented.

What should be included in the application

An employee of the Criminal Code, accepting an application from a consumer for recalculating the amount of the fee for the Criminal Code, should pay attention to the execution of this document. Yes, it must include:

• FULL NAME. each temporarily absent consumer
• start date of the period of absence
• end date of such period

The application must be accompanied by documents confirming the duration of the temporary absence of the consumer. They may be:

• a copy of the travel certificate or a copy of the order on sending on a business trip with copies of travel tickets attached;
• certificate of hospitalization medical institution or at a spa treatment;
• originals of travel tickets issued in the name of the consumer, or their certified copies. If an electronic ticket was purchased, then a printout of it is provided in the Criminal Code;
• bills for accommodation in a hotel, dormitory or other place of temporary residence or their certified copies;
• a document of the body carrying out temporary registration of a citizen at the place of his temporary stay in cases established by law, or a certified copy thereof;
• certificate of the organization that carries out non-departmental security of the residential premises in which the consumer was temporarily absent, confirming the beginning and end of the period during which the residential premises were under continuous protection and the use of which was not carried out;
• location reference educational institution, boarding school, special educational and other children's institution with round-the-clock stay;
• a certificate from a consular office or a diplomatic mission of Russia in the host country or a certified copy of an identity document of a Russian citizen containing marks on crossing the state border of Russia;
• a certificate from a dacha, garden, garden partnership confirming the period of temporary stay of a citizen at the location of such a partnership;
• other documents confirming the fact and duration of the temporary absence of the consumer in the residential premises.

All these documents, except for travel tickets, are signed by an authorized person of the issuing organization, they are stamped by this organization, assigned a registration number and date of issue. If the documents are in foreign language, then they must be translated into Russian.

All copies of documents confirming the period of temporary absence of the consumer must also be certified. If the consumer provides the CC with both the original and a copy of one of the above documents, the CC must verify, mark the copy as authentic to the original, and return the latter to the consumer.

The Criminal Code can make copies of any documents provided to it by the consumer, verify their authenticity, the completeness of the data disclosed in them.

Where and how to post the results of the recalculation

If the application for recalculation was submitted by the consumer to the CM before the start of the period of his temporary absence, then the results of the recalculation will be reflected in the payment documents that the CM generates during the period of the consumer's temporary absence.

If such an application was submitted after the end of the period of temporary absence - in the next payment document.

Recalculation for providing CG of inadequate quality

Utilities provided by the management company to the consumer must comply with the requirements specified in Appendix No. 1 (Decree of the Government of the Russian Federation No. 354).

The amount of the fee for the CG, if it was provided by the MC to the consumer in an inadequate quality or with interruptions exceeding the possible maximum duration, may be reduced for the billing period, in some cases up to the exemption of the consumer from payment.

If you have any questions, you can always contact us for advice. We also help management companies comply with 731 of the RF PP on the Information Disclosure Standard (filling in the Housing and Utilities Reform portal, the website of the management company, information stands) and Federal Law No. 209 (filling in the GIS of the housing and communal services). We are always happy to help you!

Managing organizations carry out recalculations of payment for housing and communal services on their own initiative, at the request of the residents of the serviced building or on the instructions of regulatory authorities. This is not an easy procedure, in which there are many subtleties and non-obvious points. In the article we will collect all necessary information, which will help the management company to carry out recalculations without errors, as well as to correctly execute them.

Read in the article:

The same resolution sets out the requirements for the volume and quality of housing and communal services provided.

Procedural issues related to the recalculation of housing and communal services are the responsibility of the management company, HOA or housing cooperative, depending on the form of management chosen by the residents of the house.

When is it possible to recalculate utility bills for heating and other services

Recalculation for housing and communal services is possible both in the direction of decreasing and in the direction of increasing the cost of services.

Watch a fragment of a free webinar for our subscribers on the topic"Common Mistakes in Communicating with Residents: Practice, Tips and Examples"

According to the regulation governing the procedure for recalculating rent and utility bills, such a recalculation is possible in the following cases:

• if no one lives in the apartment for a certain time or a smaller number of people live compared to the one for which the rent is calculated. It is important to prolonged absence tenants was documented;
• if the family received a subsidy(in cases where the income per family member does not exceed the subsistence level), utility bills can be reduced. Low-income citizens sometimes pay only 6.33% of their income for housing and communal services;
• if the services were not provided in full, or they were of inadequate quality. For example, you can receive a recalculation for rusty water from the tap or garbage not taken out on time.

Recalculation for housing and communal services is provided only for the following items: garbage disposal, water supply and sewerage, gas supply, water heating. Heating and services of the ZhEK or HOA are always paid in the prescribed amount.

Serving apartment house The Criminal Code cannot refuse to recalculate if the applicant has the necessary grounds for it. In this case, the consumer must be required to submit a written application. He must submit an application for recalculation before he temporarily leaves the home, or no later than thirty days after his return. Failure to comply with this condition may be used by the managing organization as a legitimate reason for refusing to recalculate the payment.

After accepting the application, the Criminal Code has five working days to recalculate. The period of temporary absence of tenants when writing an appeal should not be more than six months. If the managing organization makes recalculations within six months, and the apartment continues to be empty, then the owners must be required to re-apply.

Any grounds on which a recalculation of housing and communal services can be provided must be documented. Otherwise, you will not be able to get things off the ground.

For the managing organization, any recalculation is a crucial moment, affecting one of the main aspects of its work - settlements with consumers and suppliers of communal resources. That is why she must carefully study the submitted documents. As already mentioned, in addition to the application from the tenant, it is necessary to obtain papers confirming the specified period of his absence. If such documents are not provided or they do not confirm the duration of absence prescribed in the application, then the Criminal Code has the right to charge fees for housing and communal services in full.

In such situations between management companies and tenants often arise conflict situations. If the owner of the apartment insists on the need for recalculation and does not pay utility bills on time or in full, then in accordance with Part 14 of Article 155 of the Housing Code of the Russian Federation, he can be fined. Naturally, before this, the Criminal Code needs to prepare a clear justification for its position. Failure to submit the papers necessary for recalculation will be quite enough here.

There are quite a few situations that give the right to recalculate utility bills. This explains the variety of supporting documents that an applicant can bring to the Criminal Code. When checking these papers, the specialists of the management company need to know that they must be signed by an authorized person of the issuing organization. In addition, there must be a seal, date of issue and registration number. The only exception is for tickets. If the applicant brings a copy of the ticket, then it must be certified. The travel document may be electronic. In this case, the tenant should be required to provide a printout.

Some consumers attach documents written in a foreign language to the application. The legislation does not oblige the Criminal Code to deal with the translation of such papers and incur additional costs because of this. In this case, it is necessary to require the tenant to provide papers translated into Russian.

Copies of not only tickets, but also any other documents that confirm the duration of the absence of residents must be certified. The consumer can bring both the original and a photocopy to the managing organization at the same time. In this case, the employee of the Criminal Code checks the papers and, in the absence of discrepancies, puts a mark on authenticity on the copies. The original is returned to the applicant.

The management company, when processing the documents attached to the application for recalculation of payment for housing and communal services, has the right to the following actions:

• copy for yourself any papers received from the consumer;
• verify their authenticity;
• check whether the required information is fully disclosed in the documentation.

If a tenant applies for recalculation prior to their departure, an adjusted utility bill is generated while the tenant is away. When submitting papers after returning, this is done in the next payment document.

Each type of housing and communal services has its own quality standards.

• Water supply is considered to be of high quality if hot water has a temperature of at least 60-70 0 C during the day and 30 0 C at night (from midnight to five in the morning), if the consumer has no complaints about the hardness, color, content of reagents that are used at the filter station during cleaning . Also, the pressure in the system must comply with the standards.
• Electricity supply is considered to be of high quality if the supplier providing the apartments with electricity complies with the established current and voltage standards. Scroll tolerances fixed in the corresponding GOST.
• Gas supply is considered to be of high quality if the supplied gas meets the established physical and chemical parameters: pressure in the range of 0.0012-0.003 MPa with a deviation from the norm not more than 0.0005 MPa.
• Heating is considered to be of high quality if the temperature in the room reaches the set values.

• Adjustment of the amount of payment for heating in a district heating system

We are talking about the air temperature, and not about the temperature of the batteries and the water in them. AT living rooms the air should be heated to +18-20 0 C, in the bathroom - up to +25 0 C, in the kitchen - up to +18 0 C.

AT corner rooms, two walls of which face the street, the temperature should not be lower than +20 0 С.

Even the slightest deviation from normative indicators allows you to require the recalculation of housing and communal services.

Break in the supply of utilities is also the basis for reducing the amount of payment. A break is:

• lack of gas in the system for more than four hours within 30 days;
• lack of electricity for more than two hours (if the supplier has one power source) or longer than a day (if there are two such sources);
• lack of heating at a room temperature below +8 0 С (heat supply can be turned off for 16 hours if the temperature outside is +12 0 С, for 8 hours - at +10 0 С and for 4 hours - at +8 0 С);
• stopping cold water supply for more than eight hours per month or for four hours once;
• stop hot water supply for the same period.

Any indicators exceeding the standard are considered interruption of services and are the basis for submitting an application for the recalculation of housing and communal services.

As an example, let's cite the situation that occurred in mid-March 2018 with the management company Zhilischnik Matushkino District (Zelenograd). A resident of one of the houses appealed to the State Housing Inspectorate with a complaint about insufficient hot water. During the inspection, the inspectors found that the water has a temperature of +37.4ºС, which is much lower than the established standard.

Under article 7.23 of the Code of Administrative Offenses of the Russian Federation, the managing organization was fined 10,000 rubles, and its head - 1,000 rubles. In addition, she was ordered to recalculate for the provision of housing and communal services of inadequate quality and eliminate the problem. Moscow Region GZhI conducted a control check and found that the Criminal Code complied with the requirements for raising the water temperature and recalculating payments for residents down.

Penalties in the described case are quite justified, since the management company itself must monitor the quality of the services provided and eliminate shortcomings in a timely manner. Contact should be maintained with tenants so that they, first of all, go with their problems to the Criminal Code. Establishing an interaction is not so difficult, for this you need:

• regularly hold meetings with initiative representatives of residents;
• support the institution of seniors at the entrance, with whom a constant connection is established;
• Really respond to requests and try to solve problems in a timely manner.

In the case described, it is obvious that the managing organization did not perform its duties well enough. Firstly, she needed to respond in time to the messages of the residents about the drop in the temperature of hot water, which they probably received. With the deprivation of such an important communal resource, people immediately begin to look for solutions in all possible instances. Secondly, the recalculation of the Criminal Code should have been made without a reminder of the GZhI. Due to the lack of initiative in carrying out the work, which is mandatory for the management company, fines were imposed.

If the tenants have already called the inspectors, then the Criminal Code needs to provide them with comprehensive assistance in conducting an examination, performing a control check and other activities. All instructions must be completed within the stipulated time. This will avoid accusations of malicious dereliction of duty and ignoring the requirements of the supervisory authority, which entails much more severe sanctions, up to license revocation.

When the recalculation of housing and communal services is made up or down

The amount of payment for housing and communal services is increased at the initiative of utilities, users do not submit preliminary applications for this.

There may be several reasons for increasing the rent, most often they are associated with unauthorized actions of tenants, which led to the fact that they were provided large quantity services than expected:

• meter not checked in time cold water it may be a reason to charge tenants for the period of use of such a meter according to the number of people living in the apartment, and not according to actual water consumption;
• pipeline tie-in without prior permission;
• broken seals on the electricity meter, as well as gas, cold or hot water meters.

To make such a recalculation of housing and communal services, utilities use special formulas.

So, if a tenant "crashed" into the water supply bypassing the meter and without a work permit, he will be charged a certain amount for payment. When calculating it, the cross section of the pipe and its filling with water during the day will be taken into account.

Consumers can reduce utility bills only by submitting an appropriate application. They can do this in cases where the volume or quality of housing and communal services did not meet established standards, or if there were no services at all.

The quality to which the services must correspond is prescribed in the SanPiNs, the rules for the provision of housing and communal services and contracts concluded between the consumer and the service provider. Interruptions in gas, electricity and water supply are not allowed, except for specifically established periods. If the services were absent for longer than reported to the residents, you can demand a recalculation for this utility service.

Interruptions associated with accidents, natural disasters and other emergencies are not a reason to reduce the rent.

How to request a recalculation for housing and communal services to the owner

To receive a recalculation of housing and communal services, the owner must prove that he was absent for a certain period. To do this, it is enough to submit one or two documents in accordance with the following table:

All documents can be submitted as certified copies. The public utility worker himself can certify the copy with his signature, but for this he needs to see the original document.

Consideration of the application and calculation of the amount of recalculation of housing and communal services can take up to five business days. The recalculation amount must be deducted from the payment for next month. If this does not happen, the tenant may require a written explanation of the reasons for the refusal. The days of arrival and return are not taken into account: if the tenant left on September 1 and returned on October 1, the rent is recalculated for 29 days.

Recalculation of housing and communal services is provided for any services, except for heating. If the tenant has water and electricity meters installed, then only the gas fee is recalculated. Housing payments, e.g. cleaning common territory, will also remain unchanged.

How is the recalculation of housing and communal services in case of temporary absence

For example, the owners leave the apartment longer than five calendar days. In this case, they have the right to recalculate housing and communal services. True, there is one condition - the apartment should not have individual meters. That is, it is possible to recalculate the payment for cold and hot water supply, as well as gas supply, only if their consumption is not taken into account by meters.

Otherwise, the account of consumed services is still kept according to their testimony. Regardless of the presence of counters, only garbage collection and use of the elevator are recalculated.

So, if the owners left the apartment to go on vacation or go to the hospital, they need to notify management company. Along with the application, you must submit documents certifying the fact of absence. AT ideal The UK is warned about the departure in advance. In this case, the utility employee will simply turn off and seal the water and gas in the apartment, and the tenants will not have to provide evidence of their absence.

If it was not possible to notify the Criminal Code in advance, residents can request a recalculation of utility services upon arrival. To do this, the owners have calendar month. We must not forget that the payment for house maintenance and heating services will remain unchanged.

The application and documents certifying the departure of residents are submitted directly to the management company, HOA or housing cooperative.

The accounting department must recalculate housing and communal services in proportion to the number of days for which the tenants left the apartment. The number of days is calculated from the number full days absence minus the day of departure from the apartment and the day of arrival. The recalculation of housing and communal services must be completed within five working days after receiving a written application from the owner.

If the owner who applied for the recalculation of housing and communal services did not submit documents certifying his absence, or if the papers provided cannot certify the absence of the tenant during the entire period declared by him, the Criminal Code calculates the rent for this period in full. In addition, if such a payment was delayed by the tenant, any measures may be applied to him, up to fines and penalties for the consequences of late or incomplete payment of utilities.

How is the recalculation of housing and communal services in connection with serving a sentence

If the tenant of housing under a social lease agreement or family members living with him are temporarily absent, their rights and obligations under the agreement do not change. If the consumer is absent for more than five calendar days, and the premises are not equipped with individual or apartment meters, the utility services are recalculated.

All utilities are subject to recalculation, except for heating and gas supply for heating purposes. Also, in case of temporary absence, the payment for common house needs is not recalculated. The stay of a person in places of deprivation of liberty is the same temporary absence, since the social lease agreement does not terminate for this period. Such absence also does not serve as a basis for deregistration.

The employer is still required to pay maintenance and Maintenance residential premises, which does not apply to utilities. If the tenant does not pay for housing or utilities for more than six months, the social lease agreement with him can be terminated in court.

If an application for the recalculation of housing and communal services is submitted before the start of the period of temporary absence, the contractor will perform such a recalculation for the period specified in the application, but not more than six months. If after this period the consumer does not return, he can apply for a recalculation for subsequent billing periods. In this case, the recalculation of housing and communal services is also carried out by the contractor for the period specified in the application, but not more than six months.

If the tenant submitted an application for the recalculation of housing and communal services before temporary departure, but did not submit documents that would confirm the duration of his absence (or the submitted papers do not certify the absence of the consumer during the entire period or part of it), the contractor may charge a fee for housing and communal services for the period of unconfirmed absence in full.

The rules also allow him to apply the consequences of late or incomplete payment of utility services, which are provided for by part 14 of article 155 of the Housing Code of the Russian Federation.

It is obvious that an application for the recalculation of housing and communal services must always be submitted, but the most expensive services - heating and expenses for ODN - are not subject to recalculation. They will have to be paid in full. Recalculation is performed only for other utilities. If a heat energy meter is installed, the fee is charged according to its readings. The fact of being in prison does not release from the obligation to maintain the premises.

Is there a recalculation for utility services in 2019 in the event of a change of ownership

Article 154 of the Housing Code of the Russian Federation spells out the differences in the payment for an apartment, which the tenant uses under a social lease or simply rent, from the payment for an apartment that is acquired into ownership in the manner of privatization.

So, the recalculation of housing and communal services is carried out from the moment when the ownership right was registered, that is, all accruals for hiring are removed. This column is replaced by another - major repairs.

What are the features of the recalculation for unrendered housing and communal services

If we talk about the quality of housing and communal services, it should be noted that only experts and exclusively professional methods can measure it. Thus, the quality of cold water supply is assessed by the pressure of the jet, water hardness, its transparency, chemical composition, color and amount of sediment.

Hot water supply is estimated by temperature - it should fluctuate in the range of 60-75 degrees. If the owner of the dwelling doubts that he is provided with quality water, he can apply to the sanitary and epidemiological station or order an independent examination.

The quality of power supply is assessed in terms of current and voltage. Poor supply can be manifested in the fact that electrical appliances do not work at full capacity or do not respond to the connection to the network.

The quality of heating is assessed by system pressure, temperature in apartments, and the quality of the coolant. At the same time, it is obvious that the owners of the premises are only interested in the heat in their home. So, the following temperature standards are legally established:

• +18-20 0 C for residential premises;
• +18 0 С for kitchens;
• +25 0 C for bathrooms;
• +12 0 C for storerooms.

In the case of gas supply, the verification covers chemical composition blue fuel and system pressure. Visually identify the shortcomings is possible only by the low rate of boiling water.

If the management company provides consumers with services whose quality leaves much to be desired, the tenant may require recalculation of utility services. To do this, you just need to draw up an act stating that utilities were not provided at all or were provided of inadequate quality.

Such an act, at the request of the tenants, is drawn up by the Criminal Code itself. Any tenant has every right to independently demand the preparation of this document. If the Criminal Code refuses to do so, the owner can complain to the Housing Inspectorate.

When drawing up the act, the detected violation is described and the period during which it is not eliminated is indicated. The document receives a registration number, a date is put on it. The act is signed by several people. In addition to the representative of the managing organization, it must be signed by the owner of the apartment. Often, representatives of the interests of residents, for example, seniors at the entrance, take part in the checks. The status and signature of such persons are also reflected in the document.

The act is drawn up in at least two copies. The managing organization takes one for itself, the second remains for the tenant. We will give a sample act as an application.

It happens that when checking, the Criminal Code detects the absence of a violation, for example, in the temperature of the water in the tap or the air in the heated room. However, the owner of the apartment does not agree with this assessment of the situation. In this case, he may require an examination, that is, the involvement of a specialized and independent organization.

The tenant has such a right, but he needs to explain the procedure for paying for the work of experts. By existing rules the costs of the examination are borne by the one who performs the duties of providing public services, that is, the managing organization. However, this only works if there are real violations. If the experts do not find deviations from the norms, then the consumer must reimburse the UK for the costs of attracting an expert bureau. If the examination is initiated by another participant in the audit, then it is he who pays for it.

However, in many cases of disagreement between the tenant and the management company, it is possible to do without the cost of attracting a specialized expert organization. The parties may agree on a re-inspection with the involvement of a representative of the GZhI, public defenders of consumer rights and other persons. Based on the results of the re-evaluation, the same act is drawn up, indicating in it the expanded number of participants.

Having drawn up the act, the management company sends it to the cash settlement center. It is he who performs the recalculation of housing and communal services. The results of such a recalculation are entered in the "recalculations" item of the receipt for payment of housing and communal services. It is worth noting that the rent can be reduced only on the basis of address information, which is brought every month by the dispatchers of the district services of the Criminal Code.

Expert opinion

Recalculation of housing and communal servicesfor failure to provide services requires measurements

Marina Belyaeva,

lawyer specializing in housing and communal services

If the apartment is not heated properly, that is, the air temperature in the room is below the standard values, the tenant must file a complaint with the emergency dispatch service of the management company. AT set time an employee of the Criminal Code should come to the tenant to take measurements and draw up an act if the complaint is confirmed and the air temperature in the room will indeed be lower than the set one.

After that, the management company must find out the reasons for the “underflow”, fix the problem, and then recalculate housing and communal services.

How is housing and communal services recalculated if violations are found on the part of residents

If the Criminal Code finds that the tenant has unauthorizedly interfered with the work of a common house or individual counter, which is placed in a residential or non-residential premises, and distorted his readings, she will not use the readings of such a device when calculating utility bills. In this case, the recalculation will be performed based on the volume of the communal resource.

To calculate it, it is necessary to multiply the power of resource-consuming equipment (and in the case of water supply and sanitation - throughput pipes) for its round-the-clock operation. The recalculation is made for the entire period from the date of illegal interference in the operation of the meter. It is indicated in the act of checking the condition of the meter, which is drawn up by the contractor and the resource supply organization. Recalculation stops at the time of elimination of such interference.

If it is impossible to establish exactly when an illegal connection to the meter or interference with its operation was made, then the additional charge is made from the date of the last check of the meter by the contractor, but not more than six months before the month in which an unauthorized connection or interference with the operation of the meter was detected.

Is there a recalculation of housing and communal services in connection with the death of the owner

The inheritance received is recognized as the property of the heir from the date of opening of the inheritance, regardless of the moment of its actual acceptance and state registration the rights of the heir to the inherited property (if such a right is subject to state registration).

If owners, tenants or other persons do not use the premises, this is not a reason not to pay for these premises and not pay for utility services. If citizens are temporarily absent, they must pay a fee for certain types of services, which is calculated according to consumption standards.

They are also entitled to recalculation of housing and communal services for the period of temporary absence (performed in the manner established by the Government of the Russian Federation).

Thus, tenants must pay for the apartment from the date of entry into the inheritance, that is, from the date of death of the testator.

Recalculation of housing and communal services on examples

• Example 1

The owner left the apartment on December 25, 2016 (after 02:00 local time), and returned on January 08, 2017 (before 22:00 local time).

Recalculation for certain housing and communal services in this case will be made for the period from 12/26/2016 to 01/07/2017 inclusive, that is, for 13 days of absence.

• Example 2

The tenant was not at home between 01/15/2017 and 01/31/2017.

In order to receive a recalculation of housing and communal services for this period, before 02/03/2017, he applied to the public utility and submitted only boarding passes. They will refuse to recalculate him, because he did not submit an act of inspection of the apartment, confirming that there is no technical possibility counter installations.

• Example 3

The tenant was not at home between 01/05/2017 and 01/15/2017.

In order to receive a recalculation of housing and communal services for this period, the owner must apply to the public utility before February 14, 2017. He must submit to the public utilities a document confirming the fact of his absence, as well as an apartment inspection report confirming that it lacks technical capability counter installations.

• Example 4

Recalculation of housing and communal services for heating with a decrease in temperature. We pay 801.90 rubles for heating the apartment. monthly (according to the consumption standard). In fact, the temperature in the apartment did not exceed +16 0 C during the month with the standard of +20 0 C. Recalculation amount: (0.15% × 24 hours × 31 days) × 4 0 C × 801.90 rubles. \u003d 111.6% × 4 0 C × 801.90 rubles. = 3579.68 rubles. Thus, for the current month, instead of paying the owner monthly 801.90 rubles. the service provider must pay him 3579.68 rubles.

• Example 5

The permissible duration of a break in the supply of hot water is determined in accordance with Russian legislation (clause 10 of the Rules). But the recalculation of housing and communal services should be provided for this period too (paragraph 61 of the Rules). The duration of the lack of hot water was: 62 days × 24 hours = 1488 hours.

1. The amount of return for hot water supply should be: 303.06 rubles. (monthly fee) × 0.15% × 1488 hours = 676.43 rubles.

2. The amount of return for sewerage should be: 69.66 rubles. (monthly fee) × 0.15% × 1488 hours = 155.48 rubles. The total refund amount should be: 831.91 rubles.

Attached files

• Requirement to make an additional charge.rtf
• The act of unauthorized interference in the work of IPU.rtf
• ACT on the provision of utility services for heating of inadequate quality.doc

Enactment of Government Decree 354 allows citizens to recalculate payments rent under certain conditions.

Based on this document, consumers of housing and communal services can check the correctness of the calculation of payments, as well as demand a reduction subject to certain conditions.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:

Can utility bills be recalculated?

Decree 354 was originally adopted by the Government of the Russian Federation in 2011.

Like other laws in it current amendments and changes are made.

New edition PP 354 entered into force at the end of 2015. This legislative act regulates the procedure for generating bills for housing and communal services, establishes consumption standards.

Recalculation can be made by the service provider. Moreover, during the procedure, the amount in the receipt can both decrease and increase. The supplier has the right to increase the cost of services if:

• counters were not verified on time. In this case, payment is made at tariffs that are higher than payment according to the indicators of metering devices;
• a tie-in into the pipeline was independently made if the diameter of the pipe exceeds the established standards;
• there are no seals on the meter, or its integrity is broken.

Downward recalculation at the initiative of the consumer is possible if there are no individual or common house meters.

Some housing and communal services not subject to recalculation:

• heating of residential premises (recalculation can be made only in case of a complete shutdown or at a temperature that does not meet the standards);
• gas supply for heating purposes;
• payment for common house needs;
• sewerage is separate from water supply.

Heating bills are recalculated exclusively through the court. It will be necessary to apply enough a large number of supporting documents.

Is it legal to turn off utilities for prolonged non-payment? find out right now.

Foundations

For what period can I make a recalculation for utilities and under what circumstances is it produced??

To apply for recalculation, weighty grounds are required, listed in Resolution 354:

1. Prolonged absence of residents(if no one lived in the apartment). A period of absence is considered to be a period of 5 days or more. If several people live in the apartment, recalculation is made when submitting an application from each. New accruals are made based on the number of days of absence.
2. Complete lack of services. There are standards for the legal shutdown time of services. If the shutdown periods do not exceed these periods, the recalculation of payment should not be made.
3. Poor quality services. Independent measurements of quality are not recognized by managers, therefore they should be carried out by specialists. When measuring, the water pressure, chemical composition, transparency, temperature of hot water supply are evaluated. If in doubt about the quality of water, you can contact Rospotrebnadzor. When evaluating the power supply, voltage and current strength are measured.

Where to apply?

An application for recalculation is submitted to the management company or directly to the company providing housing and communal services. Contact details are on the receipt.

In case of poor-quality provision of services, it is possible to contact Rospotrebnadzor, Housing Inspectorate.

Depending on the type of contracts concluded and the way the house is managed you can contact:

• directly to service providers.

Application rules

How to write an application for the recalculation of utilities?

Application for recalculation does not have a fixed form and written in free form general rules execution of this business document.

The following items are required in the application:

1. The name of the organization the tenant is contacting.
2. Personal data.
3. Residential address.
4. Please make a recalculation indicating the type of service.
5. The period for which the payment is to be recalculated.
6. Grounds for recalculation with indication of attachments to the application.

The document can be sent registered mail with notification and a description of the applications or take it directly to the organization. When submitting papers in person, the application is made in two copies. One is transferred to the employee, and on the other you need to get a signature, seal and registration number of the document.

Sample application for recalculation utility bills You can .

Package of documents

What documents are needed for the recalculation of utilities? The list of attachments to the application depends on the grounds for recalculation and must confirm the facts.

For recalculation due to temporary absence:

• certificate from the employer on a business trip;
• certificate of stay in a hospital;
• checks from the hotel;
• certificate of temporary registration in another city;
• certificate from the educational institution;
• certificate from the HOA about living in a summer cottage.

For recalculation due to inadequate quality of services:

• an act indicating the date of inspection and the address of the premises;
• expert opinion.

Each document must be legally correct. Certificates from various organizations must contain their details, seal, signature of the employee, so that it is possible to verify the information indicated in them.

Timing

The opportunity to apply exists only within 30 days after the occurrence of grounds for this action. If the need for recalculation is due to the absence, can apply before departure by providing the necessary confirmation. The recalculation will be reflected in the receipt for the next payment period.

When applying before departure, the maximum recalculation period is 6 months. If you no longer live long term six months later, a new application must be submitted.

A missed deadline for submitting an application may serve as grounds for refusing to recalculate. If the deadline has been missed good reason, will have to seek recalculation in court.

According to the law, timely filed and confirmed necessary documents statement due within 5 working days.

If the Criminal Code refuses to recalculate, it must do so in writing with justification of the reasons for refusal. A consumer who is confident in his innocence can contact the prosecutor's office or the court, just observe.

Examples

How to recalculate utility bills? Recalculation specific type services depends on the method of calculating the amounts for their payment:

1. Make adjustments to payments if necessary during the absence of residents all services are recalculated at the same time. The amounts that are charged for monthly payment are divided by the number of calendar days. After calculating the cost of services for one day, the amount is multiplied by the number of days of absence, and the result is subtracted from the total amount of payments.
2. Recalculation of gas fees made in the absence of a meter in the apartment. How long is possible? An amount proportional to the days of absence is deducted from the total gas charge.
3. Recalculation of electricity bills is possible only if the payment was accrued according to the standards, and not according to the meter readings. Sometimes extra kilowatts are charged by mistake of controllers.

In this case, it is necessary to contact the suppliers for re-measurements, and on their basis, recalculate.

Features for heating

It is possible to reduce the amount of payments for heating in case of improper provision of this service.

The basis will be non-compliance temperature regime in room.

It is almost impossible to prove the fact of low temperature if the following factors are present in the room:

• heat loss due to inadequate quality of door or window blocks. However, at low heat transfer heating appliances this fact can be disputed;
• air locks located in risers. If the housing office employees were not allowed into the apartment to eliminate traffic jams, when applying, the tenants will be refused;
• insufficient temperature of heating radiators due to proper care of the owners for them. Old radiators must be replaced. If the temperature in the risers meets the standards, and the batteries do not heat up due to blockages in them, the owner must resolve this issue on his own.

It is almost impossible to achieve a reduction in heating bills under these circumstances.

If, during the high-quality operation of the heating equipment, the temperature in the apartment does not reach the prescribed level, the consumer may demand a reduction in payment by doing your own calculations.

There is no general calculation formula, since in each individual case it is taken into account as low temperature devices, and their complete shutdown.

Calculations are made as follows:

Calculations for daytime and nighttime are made separately, since the standards for these periods are different.

Prove the fact of violation of standards can only be provided by providing official temperature measurements made by an initiative group of residents or a special commission.

How to force the service provider to recalculate?

Practice shows that service providers are in no hurry to reduce the amount in payments, and in some cases it is quite difficult to prove one's own innocence. If the Criminal Code refuses to recalculate payments, it is necessary to obtain a refusal from them in writing.

On the basis of the refusal paper received, you should write a complaint to Rospotrebnadzor or the prosecutor's office.

As a rule, inspections initiated by these regulatory organizations help to reason with utility providers.

To the controlling organization you need to submit an application describing the situation, attaching to it the refusal of public utilities and the entire package of documents listed earlier.

If even after the inspections of the regulatory authorities it was not possible to achieve a positive result, should file a lawsuit.

Thus, the recalculation of payments for housing and communal services can be made at the request of the tenant and in the presence of relevant supporting documents.

If you are sure that you are right, demand a reduction in the amounts in the payment or issue a written refusal.