The rules for the provision of public services have undergone both quantitative and qualitative changes. In general, two facts can be noted: a slight increase in tariffs and a sharp increase in consumer responsibility for paying for utilities. I would like to hope that clearer wording of the Resolution regarding recalculations in the event of a deterioration in the quality of services will make the work of utilities more efficient.

Utility resources according to the Decree

The rules for providing a list of services for the provision of water, electricity and gas supply are reflected in Government Resolution No. 354. This document was adopted in 2011, and the last edition was in 2017. With the help of a legal act, relations between the owners of houses, apartments, and other residential premises and executors are regulated.

The performers in this case are enterprises and organizations that provide utility services to the consumer. Consumers are home owners, citizens who own apartments in apartment buildings. With the help of an agreement, they establish the basic principles of relationships under different conditions.

The main provisions of the Resolution are as follows:

the rights and obligations of each homeowner and executor;
mechanism for monitoring the quality of services provided;
a method for determining fees for utilities both when using metering devices and in their absence;
the principle of recalculating fees for different types of utilities in the absence of citizens in the premises;
recalculation methods in the event that the service is not provided in full or of inadequate quality, or intermittently;
regulate the onset of liability for both parties.

In this case, concepts such as “performer”, “in-house metering device”, “utilities” are used. I would like to dwell on the latter in more detail.

Utilities are defined as “residential friendly.” This does not mean that they will be delivered to all consumers. There are houses that are not connected to gas, water or sewer systems.

But the services provided must be of the same quality, which comply with SanPiN (sanitary rules and regulations). Citizens pay for the quality of the resource provided, as well as for its compliance with standards. For example, the temperature of hot water in the tap must be certain.

Let's list the utility resources:

hot water;
the water is cold;
electricity;
thermal energy;
hot water in systems;
bottled gas;
solid fuel when used in an apartment building.

Utilities are provided to citizens from the moment they take ownership or from the day they sign a rental or lease agreement.

The list of utilities corresponds to the degree of improvement of the house, but regardless of their quantity, they are supplied around the clock or during certain periods. The quality of the services provided must meet the requirements.

Agreement

An agreement is concluded between the contractor and the consumer, which contains the following provisions:

date and place;
address and details of the performer;
from the consumer: full name, date of birth, passport details, phone number;
the address of the premises where utilities are provided, the number of persons registered there;
name of utilities;
requirements for their quality;
a method for determining the standard with and without metering devices;
information about the availability of metering devices, the date and place of their installation, the timing of inspections, the procedure for receiving meter readings;
the amount of utility fees;
method of sending a document for payment of utility bills;
the procedure for reducing fees in the event of a discrepancy between the quality or volume of the service provided as stated in the contract or approved by SanPiN;
the rights of the contractor regarding the quality and quantity of services and his responsibilities;
the grounds on which utility services can be suspended, as well as the validity of the contract;
terms of the contract.

Failure to pay utility bills, collection of debt in court, as well as temporary suspension of the supply of basic resources cannot be grounds for termination of the contract.

It can be terminated only on the grounds provided for by the Civil and Housing Codes.

Changes in the Decree in 2017

The document has changed since its last revision, both in substance and in scope. The number of texts in the act has almost doubled. This happened because new concepts appeared, such as “common household needs” and so on. It has become possible to directly pay a fee to the resource supply organization if there is a decision of the general meeting of the apartment building.

Very important: the terms for non-payment of utility bills have been significantly reduced. Another innovation: the law has finally fixed the right to install metering devices. In terms of general house needs, a scheme for revising wastewater disposal coefficients has become possible. Residential heating tariffs have been adjusted.

The new edition systematizes recalculations for electricity and other resources in cases where the service is temporarily suspended. Such services cannot include heating services. If payments are in arrears, the organization may suspend the provision of any services to the homeowner, except heating.

By reducing the terms of the debt and regulating the rules for payment thereof, the executor has more leverage to collect the debt as early as possible. When the supply of resources is resumed and seals are removed from metering devices, all this work is carried out at the expense of the debtor.

From the beginning of 2017, the number of ODN will be calculated using not a common house meter, but according to the standard. This means that the amount accrued for an apartment building should not be higher than the standard that was calculated specifically for this building. Since all resources consumed in excess of this norm fall on the shoulders of public utilities. And they, in turn, must ensure that neither the owners nor legal entities renting premises steal resources.

If the consumer of the service, that is, the owner of the residential premises, does not receive the service in full, he has the right to demand a recalculation. This can apply to both qualitative and quantitative indicators. There are certain standards that must be observed by housing and communal services. Such conditions must be provided for in the contract.

Gas service checks

Fines will be imposed on those owners of residential premises who do not allow gas workers to carry out inspections. This increased attention to gas service workers arose due to a series of explosions in residential buildings. All these sad events happened due to untimely troubleshooting. After this, anyone who acts irresponsibly in this situation will face a fine.

One of the main reasons for explosions and problems for gas workers has been named - the inability to enter the territory of a residential premises to check the serviceability of gas equipment.

The fine for non-admission for the first time will range from 1,000 to 2,000 rubles. The culprit will pay a fine for a gas equipment accident of 10,000 - 30,000 rubles. And if the consumer refuses to conclude an agreement with gas workers, he will pay from 1,000 to 2,000 rubles.

The other party may also pay in rubles for negligence. In the absence of inspections or recommendations for replacing gas equipment in the event of identified breakdowns, gas services face a fine. Officials will pay from 5,000 to 20,000 rubles, organizations - from 40 to 100 thousand rubles.

Video about the rules for providing utility services

The rules for the provision of utility services and calculation methods have changed significantly with the adoption of the latest edition of the Government Resolution. They have become clearer and more transparent. Both parties can make legitimate claims based on a specific document.

Clause 61 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by the RF Government of 05/06/2011 No. 354 (hereinafter referred to as Rules 354) provides for the obligation of the utility service provider to recalculate if, when checking the accuracy of information about the readings of an individual meter (hereinafter referred to as IPU) discrepancies were identified between the information provided by the consumer and the actual readings of the IPU. In this article we will analyze cases in which recalculation is carried out in accordance with paragraph 61 of Rule 354, and cases in which this rule is not applicable, writes acato.ru.

What does paragraph 61 of Rule 354 establish?

Let us quote paragraph 61 of Rule 354: “61. If, during the verification of the reliability of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the metering device (distributors) being checked and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for utility services for the billing period preceding the inspection, then the contractor is obliged to recalculate the amount of payment for utility services and send it to the consumer within the time limits established for payment of utilities for the billing period in which the contractor carried out an inspection, a requirement to make an additional charge for utility services provided to the consumer, or a notification of the amount of payment for utility services overcharged to the consumer. Excess amounts paid by the consumer are subject to offset when paying for future billing periods.

The amount of the fee must be recalculated based on the readings taken by the contractor during the inspection of the meter being checked.

At the same time, unless the consumer proves otherwise, the volume (quantity) of the utility resource in the amount of the identified difference in readings is considered consumed by the consumer during the billing period in which the check was carried out by the contractor.”

From the given norm it follows:

1. Recalculation of fees for utility services is carried out in compliance with a number of requirements:

1.1. “The amount of the fee must be recalculated based on the readings of the meter being checked that were taken by the contractor during the inspection”;

1.2. “The contractor is obliged ... to send to the consumer, within the deadlines established for payment of utilities for the billing period in which the contractor carried out the inspection, a requirement to make an additional charge for the utilities provided to the consumer or a notification of the amount of the utility fee overcharged to the consumer. Amounts overpaid by the consumer are subject to offset when paying for future billing periods”;

1.3. “The volume (quantity) of a utility resource in the amount of the identified difference in readings is considered consumed by the consumer during the billing period in which the contractor carried out the check,” “unless the consumer proves otherwise.”

2. Recalculation is made when a number of circumstances arise:

2.1. “There are discrepancies between the readings of the meter being checked (distributors) and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service.” It is important to note that the norm directly indicates a discrepancy between the actual readings of the device not with the standard volume of consumption, not with the average monthly volume, not with some information received by the contractor from other sources (predicted, calculated, taken by analogy, from the words of neighbors, etc. ) and not with the readings of previous billing periods, but with the “volume of communal resource, which was presented by the consumer to the performer";

2.2. The specified discrepancy was identified “during the contractor’s verification of the reliability of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition”;

2.3. “The meter is in good condition, including the seals on it are not damaged.”

Cases of inspections

Since paragraph 61 of Rules 354 establishes that the discrepancy between the readings of the meter being checked and the volume of consumption provided to the contractor by the consumer is established during the inspection, we will indicate what kind of inspection we are talking about and in what cases such an inspection is carried out.

The analyzed norm, in terms of describing the nature of the check, literally establishes: “checking the reliability of information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition,” that is, we are talking about three verification options:

1. checking the accuracy of the information provided by the consumer about the readings of individual, common (apartment), room metering devices;

2. checking the condition of individual, common (apartment), room metering devices;

3. checking the reliability of information provided by the consumer about the readings of individual, common (apartment), room metering devices and checking the condition of individual, common (apartment), room metering devices.

It should be noted that when conducting a check for the purpose of applying paragraph 61 of Rules 354, in any case a third type of check is necessary (a comprehensive check of both the instrument readings and its condition), since the performer, by virtue of the requirements of paragraph 61 of Rules 354, must establish that “the device meter is in good condition, including the seals on it are not damaged,” that is, when checking only the reliability of information about the readings of the device, in any case, it is necessary to check its condition, and when checking only the condition of the device to assess the reliability of its readings, these readings needs to be checked. Thus, a textual structure that allows three types of checks to be considered separately seems completely unnecessary, although legally no violation is discerned.

Consequently, in this article we will talk about a comprehensive check of both the readings of the meter and its condition (hereinafter referred to as Check).

According to subparagraph “g” of paragraph 31, the contractor is obliged to carry out Inspections, however, this norm does not establish the timing and frequency of such Inspections.

Clause 82 of Rule 354 confirms the above rule:

"82. The performer is obliged:

a) carry out checks of the condition of installed and put into operation individual, common (apartment), room metering devices and distributors, the fact of their presence or absence;

b) carry out checks of the reliability of the information provided by consumers about the readings of individual, common (apartment), room metering devices and distributors by comparing them with the readings of the corresponding metering device at the time of verification (in cases where the readings of such metering devices and distributors are taken by consumers).”

Clause 83 of Rule 354 sets limits on the frequency of Inspections:

"83. The checks specified in paragraph 82 of these Rules must be carried out by the contractor at least once a year, and if the metering devices being checked are located in the consumer’s residential premises, then no more than once every 3 months.”

Subclause “d” of clause 32 of Rule 354 partially duplicates clause 83 and additionally establishes restrictions on the frequency of inspections of devices installed in non-residential premises and outside premises and households. According to subparagraph “d” of paragraph 32 of Rules 354, the contractor has the right to conduct Inspections, but no more than once every 3 months if the meter is installed in a residential premises or household, and no more than once a month if the meter is installed in a non-residential indoors, as well as outside premises and households in a place to which the performer can have access without the presence of the consumer. At the same time, in accordance with subparagraph “g” of paragraph 34 of Rules 354, the consumer is obliged to allow the contractor into the occupied residential premises or household for Inspection at a time previously agreed upon in the manner specified in paragraph 85 of Rules 354, but not more than once every 3 months.

The above standards do not establish specific deadlines for conducting Inspections, but only establish restrictions. Some regulations establish more specific deadlines for conducting Inspections in individual cases.

For example, according to subparagraph “k(4)” of paragraph 33 of Rule 354, the consumer has the right to demand verification from the contractor. The Contractor, in accordance with subparagraph “e(2)” of paragraph 31 of Rule 354, is obliged to carry out an inspection at the request of the consumer within 10 days after receiving such a statement.

The right and obligation to determine specific deadlines for conducting inspections are vested in the parties to the agreement containing provisions for the provision of utility services - that is, the contractor and consumers of utility services. Subparagraph “and” of paragraph 19 of Rules 354 establishes: “An agreement containing provisions for the provision of utility services must include: the frequency and procedure for the contractor to check the presence or absence of individual, common (apartment), room metering devices, distributors and their technical condition, reliability information provided by the consumer about the readings of such metering devices and distributors.”

Failure by the consumer to provide IPU evidence

Another case of inspection is regulated by paragraph 84 of Rule 354, which establishes: “If the consumer fails to provide the contractor with the readings of an individual or general (apartment) meter for 6 months in a row, the contractor no later than 15 days from the date of expiration of the specified 6-month period, other period, established by the agreement containing provisions on the provision of utility services, and (or) decisions of the general meeting of owners of premises in an apartment building, is obliged to carry out the check specified in paragraph 82 of these Rules and take meter readings.”

Previously, an article was published on the AKATO website “ Calculation in case of failure to provide evidence of the operating conditions", which caused a lot of controversy on the issue of whether the service provider, having carried out an inspection on the basis of paragraph 84 of Rules 354, recalculate the amount of payment for utility services in accordance with paragraph 61 of Rules 354, since the actual volume of service consumed, determined by the readings of the device for the period of non-provision indications does not coincide with the volume presented for payment for the specified period, calculated according to the average monthly volume and/or consumption standard.

Let's analyze this issue.

Clause 84 indeed obliges an Inspection to be carried out after 6 months of failure by the consumer to provide information about the meter readings. Clause 61 indeed establishes that, based on the results of the Check, the contractor is obliged to make a recalculation, however, it is necessary to note that the recalculation is made in the event “if, during the verification carried out by the contractor, the accuracy of the information provided by the consumer about the readings of individual, common (apartment), room meters and ( or) after checking their condition, the contractor will establish that the metering device is in good condition, including the seals on it are not damaged, but there are discrepancies between the readings of the metering device (distributors) being checked and the volume of utility resource that was presented by the consumer to the contractor».

If the consumer did not provide the contractor with information about the readings of the metering devices, that is, the exact volume of the consumed utility resource presented by the consumer is not determined, then it is impossible to determine the discrepancy between the actual readings of the metering device and those provided by the consumer, and since it is the cost of this volume of the discrepancy that is the size recalculation, then the amount of recalculation is not subject to determination.

Consequently, it is precisely in the case of the consumer’s failure to provide information about the readings of the metering device that paragraph 61 of Rule 354 is inapplicable.

In this case, paragraph 84 of Rules 354 obliges the contractor, when conducting an Inspection, after a 6-month period of failure by the consumer to provide meter readings, to take the readings of this device. However, not a single norm indicates that the executor is obliged to use the testimony taken when determining the amount of recalculation, including the use of the testimony taken by the executor is not provided O and paragraph 61 of Rule 354.

Application of paragraph 61

Based on the foregoing, paragraph 61 of Rules 354 applies only if, during the inspection by the contractor, the fact of the consumer transmitting unreliable meter readings is revealed. Such an inspection can be carried out either at the initiative of the contractor (subparagraph “g” of paragraph 31, subparagraph “g” of paragraph 32, paragraph 82 of Rules 354), or at the initiative of the consumer (subparagraph “e(2)” of paragraph 31 and subparagraph “k(4) )" paragraph 33 of Rules 354), or in accordance with the approved agreement on the provision of public services in the manner and frequency (subparagraph "and" of paragraph 19 of Rules 354).

Let's look at examples of the application of paragraph 61 of Rule 354.

Example 1

Let the contractor check the consumer's metering device on the first day of month N1 and determine that the readings of the cold water consumption indicator are 100 cubic meters. In month N2, the consumer provided meter readings of 102 cubic meters, the contractor submitted for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer reported to the contractor the readings of 105 cubic meters of water, the contractor submitted for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer reported to the contractor a reading of 107 cubic meters of water, the contractor submitted for payment the consumption of 2 cubic meters of water for month N3. In the same month N4, the contractor carried out an inspection of the metering device and found that the transmitted readings of the metering device were unreliable, but in fact the device at the time of the inspection showed 110 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:

Sets the volume of discrepancy to 3 cubic meters (110-107);

Sends to the consumer, within the deadline established for payment for the volume of water for the month N4, a request to make an additional charge in the amount of the cost of 3 cubic meters of water;

If the consumer in month N5 provided instrument readings in the volume of 112 cubic meters, then the contractor in month N5 presents for payment for month N4 the identified discrepancy in the volume of 3 cubic meters and the volume transferred by the consumer of 2 cubic meters (112-110), that is only 5 cubic meters.

On a monthly basis, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 5 cubic meters, total - 12 cubic meters. Exactly 12 cubic meters is the difference between the meter readings at the time of the Check in month N1 (100 cubic meters) and the meter readings transmitted by the consumer in month N5 (112 cubic meters).

Example 2

Suppose that in the above Example 1, the performer, when conducting an Inspection in month N4, established that the actual readings of the IPU are 106 cubic meters. In this case, the performer applies paragraph 61 of Rule 354, namely:

Sets the volume of discrepancy to 1 cubic meter (107-106);

Sends to the consumer, within the period established for payment of the volume of water for the month N4, a notification of the amount of the overcharged consumer for water in the amount of 1 cubic meter;

If the consumer in month N5 provided instrument readings in the amount of 109 cubic meters, then the contractor in month N5 takes into account the overpaid volume of 1 cubic meter and the volume of 3 cubic meters transferred by the consumer (109-106), that is, only 2 cubic meters.

On a monthly basis, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 2 cubic meters, total - 9 cubic meters. It is 9 cubic meters that makes up the difference between the meter readings at the time of the Check in month N1 (100 cubic meters) and the meter readings transmitted by the consumer in month N5 (109 cubic meters).

Inapplicability of paragraph 61

Example 1

The contractor presented to the consumer for payment in the month N5 for the month N4 a volume of 3 cubic meters, in the month N6 for the month N5 - 3 cubic meters and in the month N7 for the month N6 - 3 cubic meters. In month 7, the contractor carried out an inspection and found that the meter readings were 15 cubic meters. The contractor defines these readings as the initial readings of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and recalculation in accordance with paragraph 61 of Rules 354 is possible only if the unreliability of the readings of the IPU is revealed.

Despite the fact that, according to the IPU readings, the consumer consumed 15 cubic meters (15-0) for 6 months, he was presented for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually paid for the 3 cubic meters he did not consume, but this is the procedure established by the current legislation.

Example 2

Let the contractor accept the consumer's IPU for accounting from the first day of month N1 and establish that the readings of the IPU for cold water consumption are 0 cubic meters. In month N2, the consumer provided meter readings of 2 cubic meters, the contractor submitted for payment the consumption of 2 cubic meters of water for month N1. In month N3, the consumer reported to the contractor the readings of 5 cubic meters of water, the contractor submitted for payment the consumption of 3 cubic meters of water for month N2. In month N4, the consumer reported to the contractor the IPU readings of 9 cubic meters, the contractor submitted for payment the consumption of 4 cubic meters of water for month N3.

Then the consumer stopped transmitting the meter readings to the contractor, and the contractor began to make calculations based on the average monthly meter readings ( subparagraph “b” of paragraph 59 of Rules 354), which for three months amounted to (9-0)/3−3 cubic meters

The contractor presented to the consumer for payment in the month N5 for the month N4 a volume of 3 cubic meters, in the month N6 for the month N5 - 3 cubic meters and in the month N7 for the month N6 - 3 cubic meters. In month 7, the contractor carried out an inspection and found that the meter readings were 20 cubic meters. The contractor determines these readings as the initial readings of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and recalculation in accordance with paragraph 61 of Rules 354 is possible only if unreliability is detected transferred by the consumer to the contractor IPU readings.

Despite the fact that, according to the IPU readings, the consumer consumed 20 cubic meters (20-0) for 6 months, he was presented for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, total - 18 cubic meters.

The consumer actually consumed 2 cubic meters of water more than he paid for, but this is exactly the order established by current legislation. The specified 2 cubic meters will increase the volume of utility resources consumed in the maintenance of common property and will be a loss to the utility service provider.

conclusions

Clause 61 of Rule 354 establishes that the contractor is obliged to recalculate if, during the process of checking the reliability of the information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good condition, in including the seals on it are not damaged, but there are discrepancies between the readings of the metering device (distributors) being checked and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service for the billing period preceding the inspection.

This rule is applicable only if the consumer has provided the contractor with unreliable information about the meter readings, but is not applicable if the consumer has not provided the contractor with the IPU readings at all.

P.S. The analysis of paragraph 61 of Rules 354 was carried out at the request of Yugo-Zapadnoye LLC. If you have suggestions for the need to clarify current issues in the housing sector, you can send relevant requests to AKATO by email [email protected]. If AKATO experts agree with the need to analyze the issues you propose, the corresponding article will be prepared and published on the AKATO website.

A citizen of the Russian Federation (each individual) is a consumer of state resources: water (for hot and cold), electricity, etc. The basis for access is an agreement concluded with an enterprise, in this case a utility company (it is also the contractor). The possibility of recalculation for the absence of such is guaranteed, a temporary restriction of access can be approved, etc. - the Housing Code regulates the process more specifically.

According to established standards 354 of the Government of the Russian Federation (regulates relations along with housing complexes), each citizen is given the opportunity and right to recalculate payments for services (in this case, utilities). The new edition and the latest changes to it provide the most comprehensive answers to all questions of interest to owners and simply users of premises/buildings (apartment buildings). The legal guarantor is the state itself, regardless of the city/region, for example, for Moscow it is the MOP.

with latest changes 2016

The creation of Resolution 354 of the Government of the Russian Federation dates back to 2011 (May-June). Just like other legislative acts, it requires the introduction of amendments that are relevant today (based on the reality in housing and communal services), which are made on an annual basis without reference to the period (can be introduced/planned for both January and May).

The new version of the law (latest changes) came into force at the beginning of January of this year (they were introduced at the very end of last 2015).

General household needs - to pay or not to pay according to Resolution 354

According to the latest changes, general house electricity needs are also affected by Government Decree No. 354 (clause 44). Now:

The coefficients of drainage standards have been revised (recalculation is being carried out);
the regulation on the installation of specialized meters was approved;
proposals to reduce these tariffs are being considered (reduction by approximately 10-15%);
measures are being taken to stimulate organizations/enterprises (housing and communal services) providing various types of services (utilities) that are relevant for users of houses (apartment buildings), etc.

Changes in housing and communal services

354 Decree of the Government of the Russian Federation regulates consumer standards for resources and their subsequent payment for owners/users of premises (residential). The new edition clarifies when charges begin for the full package or a separate part of it for utility services. The latest changes clarify: the force of calculation begins to operate from the moment of entry into any premises or apartment building.

Calculation of the amount of payment for utility services - Resolution 354

354 Federal Law of the Government of the Russian Federation regulates the procedure for the distribution of accounts. There are also instructions there: every citizen (user of an apartment building) is obliged to provide meter readings to employees every month (payment must also be made monthly).

Heating recalculation

If we look in more detail at Federal Law 354 of the Government of the Russian Federation (new edition), it becomes clear that the tariffs for premises/apartment buildings are planned to be reduced (the size of the discount depends on the region). In the current version (latest changes), the procedure for paying for utility services has been significantly simplified, for example, payments for heat are now made according to a special system (simplified).

Payment for utilities

354 Decree of the Government of the Russian Federation on utility services (current edition, latest changes) includes a special appendix, which describes in detail recommendations on calculation standards (the formula for adjusting data (clause 44, paragraph 2), rules and regulations has been replaced). Measures to control use/consumption have been tightened, and the current version provides special instructions regarding the installation of counting equipment (meters).

Decree 354 as last amended 2016 on public services

You can get acquainted with the current text upon request “354 Resolution of the Government of the Russian Federation on the recalculation/calculation of payments for services (utilities) for citizens” on our resource (website) or download in a convenient online mode and completely free of charge

Approved

Government Decree

Russian Federation

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

Decree of the Government of the Russian Federation of May 6 No. 354 (in ed. dated 09.09.2017) "On the provision of utility services to owners and users of premises in apartment buildings and residential buildings" (together with the "Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings")

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

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

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

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

XIII. Features of the provision of public gas supply services to consumers via a centralized gas supply network

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

Appendix No. 2. To the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings. CALCULATION OF THE AMOUNT OF PAYMENT FOR UTILITY SERVICES

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

II. Calculation of the amount of payment for utility services provided to the consumer for the billing period in the j-th room (rooms) occupied by him in the i-th communal apartment
II(1). Fee size calculationfor public services for handling solidsmunicipal waste provided to the consumerfor the billing period in the i-th residential premises (residential building,apartment) or non-residential premises, as well as in occupiedto the j-th room(s) in the i-th communal apartment

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

IV. Calculation of utility feesfor heating and (or) hot water supply,provided to the consumer for the billing periodin a residential premises (apartment) or non-residential premisesin case of independent production by the performerin an apartment building for public servicesfor heating and (or) hot water supply
V. The amount of payment for utility services provided for the billing period to a consumer in a household when he uses a land plot and outbuildings located on it, if the household is not equipped with an individual meter for the corresponding type of communal resource

Relations between utility services and citizens are regulated by the rules for the provision of utility services by RF PP No. 354, as amended in 2017. Read about the basic rights and obligations of consumers and providers of housing and utility services, as well as disputes between the parties, in the article.

from the article you will learn:

Since 2011, the interaction between consumers of housing and communal services and those who provide them has been described in Government Decree No. 354 - the rules for the provision of utility services. This legislative act is subject to regular adjustments. The latest edition was released on September 9, 2017.

Rules for the provision of utility services according to RF PP No. 354

Until 2011, the relationship between consumers and utility companies was regulated by RF Regulation No. 307. With the entry into force of RF PP No. 354, many rules have changed. Among other things, the resolution contained the following innovations:

ODNs have been introduced, which often become the cause of disputes between citizens and management companies;
it became possible to check the quality of provided public services using expertise;
the debt period for disconnecting services was reduced from 6 to 3 months;
it became possible to pay for housing and communal services directly to resource workers;
consumers received the right to install meters in separate rooms (this is necessary mainly in communal apartments), and so on.

In general, the purpose of the document remains the same, although its volume has doubled. It is obvious that every year there are more and more nuances that need to be included in the rules for the provision of utility services. For this reason, changes appear in the resolution. Explanations prepared by specialists working in the housing and communal services sector will help you understand them.

What is included in the list of utilities?

Receiving utility services is one of the basic rights of a citizen of the Russian Federation, regardless of his place of residence. The required list of housing and utility services is supplied to homes on an ongoing basis throughout the year. The only exception is heating. Heat is supplied according to special regulations produced in each region depending on weather and climatic conditions.

The rules for the provision of public services allow the disconnection of all types of resources in case of repairs or emergencies. For such situations, the maximum permissible duration is indicated. It is calculated for the reporting period. If during this period the number and duration of utility outages exceeds the established standards, then residents can officially file claims.

Let us list the types of public services that citizens should be provided with.

1. Electricity supply. Its submission is mandatory, and any interruption is considered an extreme situation and is eliminated as soon as possible. Electricity is supplied without interruption at any time of the day. Its capacity, according to the rules for the provision of public services, must meet the needs of residents.
2. Cold water supply. Cold water is supplied via a citywide or local network. If it turns off, then delivery of drinking water is organized to the pump within walking distance. When supplying water, the following requirements are mandatory:
- compliance with sanitary standards;
- proper pressure;
- uninterrupted supply.
3. Hot water supply. The supply is carried out through the central water supply. In its absence, communal or in-apartment heating devices are used.
4. Sewage drainage. When water is supplied, its drainage is also arranged in parallel. The sewage system in a home includes a common pipe (riser) and pipes leading to it from each water collection point.
5. Heating. During the cold season, it is carried out around the clock. The rules for the provision of utility services determine the minimum air temperature that must be maintained in the home.
6. Gas. Houses are most often connected to gas supply using a main gas pipeline. If it is not available, then it is permissible to use gas from replaceable cylinders or specially equipped storage facilities for it.

The range of utilities depends on the level of home improvement and can vary significantly. If residents do not receive any resources, then the monthly payment for housing and communal services will be lower. All these points are specified in the contract with the service organization.

Changes in government resolution 354 for 2017-2018.

In 2017, the rules for the provision of utility services to citizens, defined in RF PP No. 354, once again received a number of changes. The adjustments concern the most pressing issues for consumers and utility companies. Here are a few important updates:

parking spaces began to be considered non-residential premises and separate real estate objects;
Utilities have the right to install control seals and other devices to monitor illegal interference in the operation of metering devices;
management companies may be fined for unreasonably inflated tariffs. This requires a consumer request.

The rules for the provision of public services 354 with changes can be found directly on our website. In the article you will find a link to the current edition of this document.

Payment for housing and communal services

Housing and communal services consumers are required to pay in full every month. Along with their responsibilities, citizens also receive a certain set of rights. Utilities must be of adequate quality. If the management company does not perform its duties properly, residents can terminate the contract with it and choose another organization.

In addition to the resources listed above, the consumption of which is monitored by meters or standards, residents pay for a number of other services. The receipt includes the following expenses:

for the maintenance of a multi-storey building;
to carry out major repairs;
for elevator maintenance (if available);
for the removal of solid household waste;
for cleaning entrances, local areas and other common property;
to pay for intercoms.

According to the rules for the provision of utility services, all these expenses are calculated by the management company and included in the receipt. In some cases, it contains a fairly large number of points, which are not always possible to deal with the first time. At the same time, each number must have a justification. Any article is included in accordance with current tariffs and prices.

In the receipt, expense items are divided into personal, related to a specific apartment, and general household consumption. Many categories of citizens have benefits for paying for housing and communal services. They are indicated as justification for the application of the reduced tariff.

Rights and obligations of consumers and service providers

The rules for the provision of public utility services provide strict regulation of the legal relations between housing and communal services providers and their consumers. Chapters 4 and 5 are devoted to this.

The service organization, in accordance with its set of rights and responsibilities, should (may):

provide CU residents in a timely manner. It not only provides the resources specified in the contract with the consumer, but also services the area adjacent to the high-rise building, common and apartment premises;
accept requests for repairs and execute them, eliminate faults in a timely manner, and maintain the house in proper condition;
demand timely payment for services within the established deadlines, and charge penalties and fines for violations thereof. At the same time, the receipt must indicate the deadline within which the consumer needs to deposit money;
receive compensation from the state for beneficiaries who pay housing and communal services at reduced rates;
control how the rules for the operation of utility networks and technical equipment are observed;
check the meters installed in apartments, the state of communications;
have access to all premises.

In accordance with the rules for the provision of utility services, management companies themselves enter into contracts with housing and utility providers. Residents should receive notifications about emergency situations affecting them. Announcements about repairs, deadlines for eliminating accidents and other deviations are posted on boards accessible to all residents.

Consumers are assigned their rights and responsibilities. Including, they must (can):

receive services of the required quality in the required volume;
request a check of the calculations made and correction of any errors found;
receive acts and other legally binding documents that confirm damage from accidents for further compensation;
be sure to notify emergency services about force majeure situations;
make timely and full payments for received housing and utility services.

Rules for the provision of utility services warn consumers against various unauthorized actions. If they are detected, significant fines may be assessed.

Resolution of disputes between consumers and utility service providers

The main disputes in the housing and communal services sector are related to:

late payments by consumers;
residents committing illegal actions (interfering with the work of meters, damaging common property, and so on);
erroneous calculation of payment for CG;
failure of the service organization to fulfill its obligations.

According to the rules for the provision of utility services, the management company can deal with defaulters with penalties and shutdown of supplied resources. Contractual debtors can be accommodated and provided with installment plans to pay off the debt. Illegal actions are punishable by fines. They can be imposed and collected, including by court.

If consumers have a complaint, they turn first of all to the management company itself. Most violations are eliminated this way. In addition to the Criminal Code itself, controversial situations can be considered: