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Government Decree 354 p 92. Recalculation for utilities according to the law

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 utility bills. I would like to hope that clearer wording of the Decree regarding recalculations in the event of a deterioration in the quality of services will make the work of public utilities more efficient.

Communal 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 Decree number 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, other residential premises and contractors are regulated.

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

The main provisions of the Decree are as follows:

  • the rights and obligations of each homeowner and contractor;
  • a 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 recalculation of fees for various types of utilities in the absence of citizens in the premises;
  • methods of recalculation in the event that the service is not provided in full or of inadequate quality, or with interruptions;
  • regulate the onset of liability for both parties.

At the same time, concepts such as “performer”, “house metering device”, “utilities” are used. I would like to dwell on the latter in more detail.

Utilities are defined as "living 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 regulations. For example, the temperature of hot water in the tap must be certain.

Let's list the utilities:

  • hot water;
  • the water is cold;
  • electricity;
  • thermal energy;
  • hot water in systems;
  • bottled gas;
  • solid fuel in cases of its use in an apartment building.

Public services are provided to citizens from the moment they take ownership or from the date of signing a lease or lease agreement.

The list of utilities corresponds to the degree of improvement of the house, but regardless of their number, it is served around the clock or during certain periods. The quality of the services provided must meet the requirements.

Treaty

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 on the availability of metering devices, the date and place of their installation, the timing of inspections, the procedure for taking meter readings;
  • the amount of utility bills;
  • method of sending a document on payment of utility bills;
  • the procedure for reducing the fee in case of discrepancy between the quality or volume of the service provided, stated in the contract or approved by SanPiN;
  • the rights of the contractor in terms of quality and quantity of services and his obligations;
  • the grounds on which utility services can be suspended, as well as the validity of the contract;
  • terms of the contract.

Non-payment of utility bills, collection of debts in court, as well as a temporary suspension of the supply of basic resources cannot be grounds for terminating the contract.

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

Changes to the Resolution in 2017

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

Very important: the terms of non-payment for the "communal" have been significantly reduced. Another innovation: finally, the law fixes the right to install metering devices. In terms of general house needs, a scheme for revising the coefficients for water disposal became possible. Adjusted tariffs for heating residential premises.

The new version systematizes recalculations for electricity and other resources in the case when the service is temporarily terminated. These services do not include heating services. In case of arrears in payments, the organization may suspend the supply of any services to the owner of the housing, except for heating.

By reducing the terms of debt and regulating the rules for repayment on it, the contractor has more leverage in order to collect the debt as early as possible. When the supply of the resource is resumed and the seals are removed from the metering devices, all these works are 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 house. Since all resources consumed above this norm fall on the shoulders of public utilities. And those, in turn, must ensure that neither the owners nor the legal entities renting the premises steal resources.

In the event that 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 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 stipulated in the contract.

Gas Service Checks

Fines threaten those owners of residential premises who do not allow gas crews to check. Such increased attention to gas service workers arose due to a series of explosions in residential buildings. All these unfortunate events happened due to untimely troubleshooting. After that, anyone who acts irresponsibly in this situation faces a fine.

One of the main causes of explosions and the problems of gas workers was named - this is the inability to get into the territory of a residential building to check the serviceability of gas equipment.

The penalty for non-admission for the first time will be from 1000 to 2000 rubles. The culprit will pay a fine for an accident with gas equipment in the amount of 10,000 - 30,000 rubles. And in case of refusal to conclude an agreement with gas workers, the consumer will pay from 1000 to 2000 rubles.

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

On the video about the rules for the provision of utilities

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

Recalculation for utilities occurs on the basis of the adopted legislation. If the owner has metering devices, recalculation occurs automatically upon receipt of information about new data. In the absence of appliances during the temporary absence of the owner and all those living in the apartment, the recalculation is made according to the developed scheme.

What is recalculation

Recalculation is a newly made calculation of the consumer's payment for utilities. If any errors or overlays have occurred, and they are identified, then the management company or housing and communal services will compensate for the overpayment made. But most often the recalculation is done, because the owners pay in many cases not according to the actual consumption of any resource, but according to the standard.

What does it mean? If the owner installs metering devices in a house or apartment, this means that now he will pay not according to the standard, but according to the actually consumed water (electricity, gas). But sometimes failures occur, as in the following cases. For example, for heating, payment is always made according to the standard.

The standard is defined as 1/12 of last year's consumption per year. And every month we pay a fixed fee (since last year). At the end of the heating season in those apartment buildings where common house meters are installed, the housing and communal services recalculate and the overpayment is returned to the consumer. There are also adjustments in the opposite direction.

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

For example, forgetfulness or a family vacation may cause the owner of the apartment to temporarily not transmit data from his meter. In this case, already the next month after the owner of the apartment resumes the transfer of data, he will be recalculated.

Legal acts

The recalculation has a completely legal basis. In 2011, the government of the Russian Federation adopts the well-known Decree number 354. All sections of this legal act are devoted to the rules for the provision of public services to the population.

In 2017, the next changes were adopted and it can be said how recalculations are currently being made. The situation with the change in fees is reflected in paragraph VIII. The name also reflects some features: recalculation in the absence of consumers.

Only the aspect that concerns residential premises without meters is considered here. Everything is clear with the counters, the recalculation will be done automatically when the next data from the metering devices is loaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

Each citizen, owner or tenant of a dwelling, is a consumer according to this document. He and his family consume public resources provided by various organizations or companies. In order to have a basis for a relationship, an agreement is made between the organization and the service consumer.

The guarantor of the relationship between the performer and the consumer is the state and laws. In accordance with Decree No. 354, all citizens have the right to recalculate utility bills. Therefore, the new edition describes in detail the procedure for recalculation in different situations.

What is included in Resolution No. 354

What is included:

  • updated coefficients that determine the standards for drainage;
  • the procedure for mounting measuring instruments has been worked out in detail;
  • with the help of the Decree, the motive for installing the meter is strengthened;
  • a simplified payment scheme for heating was introduced;
  • since 2016, it has become optional to provide information from meters;
  • in case of temporary absence of electricity or other service, payment for it is not charged;
  • order of fulfillment of the above conditions.

A special place is determined by the responsibility of the performer to consumers and laws in the following cases:

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

In case of violation of these conditions, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether the contract was concluded between the contractor and the consumer, the contractor still compensates for the damage in case of poor-quality services.

Here are some points that are considered in the Resolution:

  1. The fee for common house needs is not subject to recalculation. This refers to the case when the owner was absent and the premises were temporarily empty.
  2. Under the two-tariff regime, changing the payment is possible only in relation to the variable component. With regard to the constant component, the following condition has been introduced: if its recalculation is established by law, then after the temporary absence of a citizen, it is made within 5 working days. Days of absence are considered all except the day of departure and arrival.
  3. The recalculation is made only in case of submitting an application and providing documents that confirm the duration of the absence. The request is made before departure or no more than a month after arrival.

The following documents are accepted as proof of absence:

  • a copy of the travel certificate with the attachment of travel documents;
  • document on treatment in a hospital or sanatorium;
  • travel tickets issued in the name of the consumer, as well as the fact of their use;
  • bills for staying in a hotel, rented apartment, hostel;
  • a document issued by the FMS on temporary registration;
  • other documents that can confirm the fact of the absence of the consumer.

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

On the video about the recalculation of the fee

The main distinguishing features of the Decree and its amendments are the course towards the widespread installation of devices. Therefore, the owners of apartments with meters have a clear advantage in cases of, for example, temporary absence.

Now all the forces of management companies are thrown into compliance Disclosure Standard by Government Decree No. 731. And it is right. However, do not forget that there are other legislative acts that regulate the life of management companies. These include Government Decree No. 354 dated May 6, 2011, which sets out the rules for the provision of utility services to owners of premises in MKD and the procedure for providing information on them.

In addition to the rules for providing utility services to owners of premises in MKD, Resolution 354 also contains information on the need to disclose information to residents of the house on the utility services provided. In particular, subparagraph “p” paragraph 31 of PP No. 354 states that the contractor is obliged to provide the consumer of CU by means of a concluded contract, announcements on information boards at the entrances of MKD or in the adjacent territory, on information stands in the contractor’s office, the following information:

  • information about the executor of the CG (name, legal address, data on state registration, full name of the head, work schedule, addresses of sites on the Internet where the management company should post information about itself);
  • address and telephone number of the control room, emergency service;
  • tariff rates for communal resources, allowances for them and details of regulatory legislative acts;
  • on the right of consumers - to apply for the installation of metering devices to an organization that, in accordance with the Federal Law "On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation", must satisfy this need and provide installment payments for services;
  • procedure and form of payment utilities;
  • quality indicators of CG, deadlines for eliminating accidents and violations of the procedure for their provision;
  • data on the maximum allowable power of electrical appliances, equipment and household machines that the consumer can use;
  • names, addresses and phone numbers of local executive authorities exercising control over compliance with these rules;
  • if it is decided to establish a social norm for electricity consumption in a constituent entity of the Russian Federation, then information about its value, conditions for application / non-use for groups of households and types of residential premises, for consumers receiving old-age and / or disability pensions, for residents of emergency housing stock or with a degree of wear from 70%;
  • information about the obligation of the consumer to inform the contractor of the CU about a change in the number of registered people in the residential premises;
  • information on electricity tariffs for the population within and above the social norm of its consumption.

Checks

If information is not disclosed or provided on any issue or appeal of citizens, then consumers of utilities can file a complaint against the management company not only with the GZhI body, but also with the prosecutor's office. The activities of the prosecutor's office are regulated by the Federal Law No. 2202-1 dated 01/17/1992 in the current version of 07/13/2015 "On the Prosecutor's Office of the Russian Federation".

Based on this law, the prosecutor's office has the right to inspect the management company after a complaint or other appeals from the population about a violation has been received against it, as well as file lawsuits and initiate administrative cases. Also, the prosecutor's office can conduct unscheduled inspections of the Criminal Code for compliance with the law and license requirements in the housing sector.

If the prosecutor's office received a complaint or an appeal from citizens, then your management company will receive a request to provide specific information. If the violations are minor, then in the pre-trial procedure they can be eliminated and the applicant can be asked to withdraw the complaint.

Regarding the disclosure of information, the prosecutor's office checks the boards in the entrances of the MKD or in the adjacent territory, as well as information stands in the office of the Criminal Code. At the first appeal to the court, the plaintiff, represented by the prosecutor's office, requires the elimination of the identified violations within the specified period. If the Criminal Code ignores the requirement of the prosecutor's office and the court, then when re-filing a claim, we are already talking about collecting fines from the management company for non-compliance with the Information Disclosure Standard.

Arbitrage practice

We have selected several vivid examples from recent judicial practice to clearly show you how and for what they can be fined management company by Government Decree No. 354.

In the first half of 2015, the Court of Rostov-on-Don ordered Tektonik MC, at the request of the prosecutor's office, to post all the necessary information in accordance with subparagraph “p” of paragraph 31 of PP No. 354 on bulletin boards in the entrances of houses and on an information stand in their office. The order was fulfilled on time, and the management company avoided a fine.

The Primorsky Territory Prosecutor's Office filed a lawsuit alleging violation of license requirements for the management of MKD at the Granat Management Company. The company was accused of violating subparagraphs “p” of paragraph 31 of PP No. 354, since the information required by this regulatory legal act was not posted in the necessary sources.

In the statement of claim, the prosecutor demanded, within a month from the date of entry into force of the court decision, to place information about the executor of public services of the management company "Granat" in a number of MKDs that are managed by the company.

In June 2015, the management company "Granat" turned to us with a request to help in solving the problem related to the disclosure of information. We satisfied the request of the management company, thanks to which MC "Granat" managed to avoid a lawsuit to initiate an administrative case and fines that could result from the consideration of such a case. The demands of the prosecutor's office were satisfied in time.

Solution to the problem

What needs to be done in order not to fall under the order or administrative penalty of the prosecutor's office and the GZhI? First of all, comply with the licensing requirements for management companies and comply with the Information Disclosure Standard (Government Decree No. 731).

To fully comply with the Information Disclosure Standard, you must place information about your management company and managed homes in all sources required by law:

  • on the site Housing reform
  • on the UK website
  • at the information stand in the company's office

Please note that par. "p" clause 31 of Government Decree No. 354 establishes another source for the disclosure of information - this is a bulletin board in the entrance of an apartment building. Therefore, you will need to duplicate information about the provided utilities also in this source of information.

Of course, you can’t keep track of everything, and we are well aware that in addition to your main job, you also have to deal with paperwork, as well as explore the Internet. Often the staff of the management company is limited to a small number of employees (no more than 3-5 people). Everyone is busy with their own business and cannot take on additional work.

But with the introduction of licensing management companies have to find a way out of the situation. You can act, for example, as MC "Granat", which turned to us for help. As a result, they received a ready-made MC website that fully complies with the requirements of the Information Disclosure Standard.

As a result, the necessary information entered on the Housing and Public Utilities Reform portal was automatically integrated into the site of the management company, from where the management company was able to print out the completed copies and arrange with them an information stand and a notice board at the entrance of the MKD.

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

The management of the sphere of housing and communal services is a rather complicated undertaking, especially when it comes to ensuring normal conditions for the population. The extensive legislative base, which is typical for this area, undergoes regular changes, is improved and updated.
Today we will talk about the main document that regulates the relationship between consumers and utilities - the 354th resolution and its main provisions.

The sphere of public services: legislative regulation

The fundamental document that regulates the relationship between utilities and consumers is government decree number 307, which entered into force in 2006. Official name: "Rules for the provision of public services to citizens." This document has been repeatedly amended and supplemented until 2011. At this time, another government decree appears under the number 354, according to which the previous document becomes invalid, except for its individual provisions. Articles 15-28 inclusive remain unchanged. They, in particular, deal with the supply and payment of resources such as water, electricity, etc.

In 2014, this resolution is again subject to significant changes and is already being published in a new edition. It regulates the procedure for the provision of public services to consumers. The amended resolution provides for the abolition of the above provisions from the beginning of July 2016.

Changes that affected the Rules in 2015

First of all, changes in legislation have affected citizens who own housing, where special common house and individual metering devices have not been installed. According to the new Rules, if there is no documentary evidence regarding the impossibility of installing metering devices, payment for consumed resources will be carried out differently. The decision is made on the basis of the document of the commission that took part in the study of these possibilities.

It's about using a multiplier. In the first half of the year, this indicator was equal to 1.1. In the second half of the year, it reached 1.2. It is predicted that in 2017 the indicator will already be 1.6. This indicator will be taken as a starting point for further calculations.
In addition, the changes affected organizations that supply water to the population. From the second half of the year, they are charged with the duty to control the parameters of the resource provided. When performing the task, organizations should take water samples, which will be examined in the laboratory with the results recorded in a special journal. All interested persons, as well as other organizations, have the right to receive extracts from such a document.

On the general provisions of the Rules

The document referred to in this article is quite extensive, since it consists of a large number of important sections.
The first of these provides general provisions.

Despite the general nature of the narrative, everyone should familiarize themselves with it, since it reveals the intended purpose of the rules set out - the regulation of relations between utility providers and their consumers.

It sets out in detail the procedure for calculating / paying for the services provided, taking into account the readings of the instruments and without them, and explains the terms often used in the document, without understanding which it is rather difficult to correctly interpret the essence of the rules. In addition, the procedure for drawing up contracts for the provision of services, their payment and possible changes is stipulated, a detailed description of the rights and obligations of consumers and service providers is given.

It affects the document and the responsibility of the parties in case of failure to fulfill the obligations indicated by the contract.

The consumer of services, his rights and obligations

The consumer is responsible for:

  • careful use of utilities provided in the apartment;
  • ensuring timely access of public utilities employees to facilities, including metering devices, for verification and taking readings.

A separate paragraph stipulates the obligation of the consumer regarding the immediate notification and admission of specialized services in the event of an accident or any malfunctions related to the state of apartment or common house communications. Timely payment for utilities, notification of an increase / decrease in the number of residents living in the apartment are also included in this list.

Obtaining the provided services of appropriate quality is referred to the basic rights of the consumer.

The latter can always count on getting clarifications from public utilities regarding the quality and payment for services, as well as the use of mandatory metering devices.

As for the quality of the services provided, an entire section is devoted to this aspect in the resolution, drawn up in the form of an appendix at number 1.

Here you can find:

  • with possible technical parameters of hot and cold water;
  • with permissible norms for the temperature of the coolant in the heating system;
  • with the established pressure parameters in the system of water and gas supply, heating;
  • with the quality indicators of the supplied energy resources and the duration of their supply.

Service provider, his rights and obligations

The fourth section of the Rules is devoted to this aspect. We recommend that you read it carefully.

It is clearly marked here:

  • the service provider must fulfill its obligations in full and in the quality, the norms of which are established by law;
  • all incoming claims, complaints, demands of consumers must be recorded in a special journal, after which measures are taken to eliminate them. A written report on the results is sent to the applicant according to the stipulated deadlines.

Among other duties, recalculation at the request of the consumer, the conclusion of contracts with energy suppliers, timely notification of the termination of the supply of services, etc. are also prescribed.

The unconditional right of public utilities is the requirement to pay for the services provided, to charge penalties for late payments.

The procedure for calculating and paying for utilities

The billing period for making payment should not exceed one calendar month. The amount of monthly payments is set according to the tariffs of service providers. This takes into account local conditions, as well as existing surcharges on tariffs developed at the state level. In payment receipts, services provided for housing and for general house needs should be distinguished. For calculations and rules for their implementation, a separate section is allocated.

Here are some examples of their use cases:

  • according to the readings of metering devices / in case of their absence;
  • subject to partial equipping of housing with meters.

Appendix No. 2 contains formulas for making calculations. In addition, the terms of payment are stipulated, which fall on the 10th day of the month following the settlement month. When paying by payment receipts of the contractor - before the beginning of the month. Other terms can be established only in cases where it is provided by the contract.

Disputes between providers and consumers of utilities: settlement

Often controversial points in this case arise:

  • due to incorrect calculation of utility bills;
  • non-fulfillment of the direct duties of employees of the public utilities sector or their implementation in an incomplete manner. It is about eliminating the causes of problems in the subordinated economy.

In accordance with the Rules, in these cases, the consumer should contact the service provider's office directly, where to write a corresponding application. A report on the measures taken is provided to the applicant in writing.

In the event of inaction of public utilities, the consumer has the right to file a complaint with the consumer rights protection society, the prosecutor's office, and the highest authority.

You can find the full one on our website.

The rules for the provision of public services are strictly regulated by the state legislation of the Russian Federation. The list of instructions regulating the process includes both federal legislation and local legal acts and official regulations. A citizen who has legal information can defend his legal consumer rights in every instance. One of the main rules will be the observance by the tenant of his direct obligations in the field of housing and communal services (housing and communal services). In other words, there should be no claims against him.

Payment for utilities is a significant part of the funds of an ordinary citizen, and this does not depend on whether he is the owner of the property or uses it as a tenant. The rules for providing utility services to owners and users of premises are the same. However, it is possible and necessary to reduce the amount on the utility bill, if required. All rules for the provision of public services to citizens will be discussed below.

The list of utilities is determined directly by state legislation, or rather, the Government of the Russian Federation, the definition of which is valid throughout Russia. Among other things, this list of services must be provided by the contractor for the entire calendar year. The only exception is heating. Heating utilities are provided seasonally.

However, the legislation also defines the time intervals for carrying out repairs, and also takes into account unforeseen emergencies. In these cases, time limits are provided for the repair and elimination of the accident.

When utilities provide services of poor quality during the year, that is, the number of outages exceeds the value provided for by law, then residents have the legal right to file an official claim or complaint against unscrupulous "communal services". This is stated in the law on the protection of the rights of consumers of housing and communal services.

The mandatory list of services that communal structures must provide includes the following items:

The complex of utility services directly depends on the comfort and availability of certain engineering networks of a particular residential building.

In the event that the house does not have some engineering communications, then payment for them will not be charged. Consequently, the cost of its maintenance will be lower due to the absence of an appropriate deduction point.

GD number 354 on the provision of public services, adopted in 2011, is the main legislative act that regulates all activities of housing and communal services. This document is edited quite often, and, therefore, the newest rules for the provision of public services, that is, their latest edition, will be relevant.

The sections to pay attention to are:

This resolution is publicly available, and therefore, every citizen who is interested can study it and monitor compliance with the rules for the provision of public services and the actions of cash settlement centers in the field of calculating payment for services.

In the latest edition of the Decree of the Government of the Russian Federation, the description of non-residential premises has been clarified. To specify the status of the premises and payment for the corresponding category, you need to refer to the new version of the legislation. All disputes between homeowners and housing facilities regarding maintenance and payment for non-residential premises can be resolved in court.

In accordance with Art. Articles 80 and 81 of the Government Decree are now obliged to check the installed metering devices. That is, after the consumer's application, the utility service must take the meter readings within ten days and check its serviceability. Previously, the legislation provided for the verification of meters once every 6 months. Now this period of time has been reduced to a quarter, that is, once every 3 months.

When utility workers, for any reason, do not have access to private meters, the payment will be calculated based on the number of registered residents in this particular room.

According to chapter 9 of the mentioned federal law, due to incorrect calculation of utility bills, which entailed an overpayment for services rendered, a fine of up to 50% of the amount of the incorrect calculation is provided.

The rules according to which utility bills must be paid are described in Chapter 6 of the Federal Law. Each homeowner must pay the full amount of utilities rendered to him. However, in addition to the obligation, every citizen is also entitled to verify the validity of charges. The quality of the services provided and their compliance with the standards are also taken into account. If the management company raises tariffs and performs its obligations poorly, the tenants have the right to change it to another by terminating and reissuing the contract.

In addition to the services described above, which are paid in accordance with the readings of individual metering devices, the rent also contains such items as:
  • home service;
  • building overhaul;
  • keeping the yard clean;
  • elevator maintenance;
  • maintenance of cleanliness of common areas, stairs and elevators;
  • garbage disposal and maintenance of common communications.

All figures included in the "fatting" are calculated by the specialists of the servicing office on a monthly basis. There are many items included in the rent, according to which they must be justified and correspond to the tariff units valid for the current date.

All receipt items can be divided into 2 types of costs:
  • private;
  • common house.

If the tenant has some benefits for paying utility bills, then the category of the benefit and the grounds for the reduction in the tariff must be indicated.

Paragraph 54 of the new Rules prescribes the calculation of fees for heating and hot water services, if the contractor wishes to make the calculation on his own.

When drawing up a contract for the provision of public services, all conditions, obligations and responsibilities of the parties should be taken into account. If any condition is omitted, the conflict situation will be resolved on the basis of legislative norms and rules. The main document for drawing up a contract for the supply of services is paragraph 124 of the Rules.

When drawing up a standard form of a contract for the provision of public services, a number of actions should be carried out:
  • declare in writing the desire to conclude contractual obligations for the provision of services and attach the entire mandatory package of documents;
  • obtain a preliminary draft contract from the service provider and correct disagreements on points, if any;
  • draw up an additional agreement on the absence of claims and the elimination of disagreements;
  • sign a contract for the provision of services.

As for the contract itself, it must necessarily indicate the tariffs for the services provided. In addition, liability is provided for both the party providing the service for its poor quality provision, and the consumer for violation of the terms of this agreement.

There are situations when the contract is drawn up retroactively. The legislation provides that the party providing the service can transfer the draft contract to the consumer within 20 days from the start of the provision of these same services.

The consumer has 30 days to adjust the terms or agree to them. At the end of the period of time allotted by law, the contract will be considered automatically concluded.

To draw up the described contract, the service provider should submit the following package of mandatory documents:

In the event of inaccuracies in the submitted documentation or the provision of an incomplete package of papers, the service provider must notify the consumer of this fact no later than 5 working days

In addition to the terms of the concluded contract, the parties must strictly comply with the rules prescribed in chapters 4 and 5 of Federal Law No. 354 and governing relations between the parties.

As for the organization of the utility supplier, its rights and obligations are given in articles 31.32 of the Federal Law:

The housing company has the right to choose a direct service provider independently, as well as to enter into a contractual relationship with him. In the event of planned repairs, accidents and other disruption of service delivery, the company must notify tenants by means of an announcement in designated areas. Legislation supports owners and tenants in the fight against unscrupulous service providers in a way that protects consumer rights.

In the event of the provision of services of unsatisfactory quality, the user has the right to record his claims in the book of complaints and suggestions. The latter, in turn, must be available from each service provider.

According to the received complaint, not only appropriate measures must be taken by the company's managers, but also a written response to this must be issued within a period equal to three working days. This is stated in Art. 31 of the current legislation.

Basic rights and obligations of the consumer, articles 33, 34:

According to Article 35, the tenant does not have the legal right to perform the actions prohibited to him, for this the state provides for heavy fines.

According to Article 309 of the Civil Code of Russia, all obligations must be properly performed in accordance with contractual terms and applicable law. The parties do not have the right to change the terms of the contract unilaterally, as well as not to fulfill their obligations.

For a single non-payment of the amount, according to Resolution 354, amended from January 1, 2017, the legislation does not provide for any liability.

Previously, failure to pay by the due date threatened to accrue fines and penalties. To date, this punishment is provided if a citizen is late with payment for more than 30 days.

The reason for making the appropriate changes was the crisis situation in the country, which led to a delay in the payment of wages to citizens.

However, in parallel, sanctions were tightened against those citizens who deliberately do not pay utility bills.

Until the beginning of 2017, the penalty rate was equal to 1/300 of the refinancing rate of the Central Bank of the Russian Federation.

To date, the stakes are distributed as follows:
  • 1/300 for a period of non-payment of 31-90 days;
  • 1/130 for non-payment of 91 or more days.

However, the government does not stop at the amount of penalties for malicious non-payers, since conscientious tenants suffer through their fault. In the future, it is planned to increase the amount of the penalty.

The user of housing should be aware of the following about the procedure for the provision of utilities.

The main responsibility for non-payment of utility bills lies directly with the owner of the apartment, in contrast to the users of municipal housing.

The rules of utilities are for the homeowner to pay bills on time.

In the absence of regular monthly payments for services rendered, representatives of the housing and communal services sector can:
  1. Warn in writing and offer to pay the debt without imposing penalties.
  2. Visit the defaulter and verbally explain the threatening consequences and penalties.
  3. Suspend the provision of services.
  4. Start a lawsuit to recover arrears in payments.

The latter method is the most inconvenient and costly for both parties, therefore, whenever possible, utilities are trying to resolve the issue peacefully.

As for the debt itself, during the process, due to the accrual of penalties on it, this amount can increase significantly.

If the court decides in favor of utilities, they will be required to pay off the amount of the debt in full.