Pipelines demarcation zone

Content of delimitation and liability acts

Properly documenting is very important. If at least one mistake is made, then the paper cannot be recognized as valid, which means that it will not have any power.

But if you are not a professional lawyer, then do not worry, because the form of this document is quite simple. You can not even download the form of the form, but fill out the paper yourself in a simple written form.

The documents of both samples must list the following information:

Personal information about the parties to the transaction:

Name of enterprises;
Name of representatives of these companies;
Passport information of citizens.

List of points of different water supply and sanitation systems, as well as points of connection of technical equipment that monitors the amount of resources spent;
An accurate and complete description of the powers that are assigned to each of the parties.
Schematic description of all communications that pass into partial ownership of the second party;
Other information necessary to clarify the remaining nuances relating to certain circumstances. Also, this paragraph indicates other circumstances of the transaction, revealing the circumstances of the powers granted.

The boundaries of the division of balance and operational responsibility are different Vershina Law Office

The balance holder of the power grid is a legal or private person who consumes electricity through the connected electrical network, that is, a consumer of electricity (subscriber). The balance holder of the power grid operates the power grid assigned to him at his own expense.

The act of balance ownership and operational responsibility of the parties is a document that defines the boundaries of balance ownership between the energy supply organization and legal entities or individuals. The act of delimitation of the balance sheet belonging of the power grid is drawn up in the process of technological connection of power receiving devices (electrical installations).

An energy supplying organization is a commercial organization, regardless of its organizational and legal form, that sells produced or purchased electric energy to subscribers.

Important

At the same time, the operational responsibility boundary assumes a dividing line on the basis of imposing the burden of maintaining the relevant engineering communications and mainly runs along the balance sheet ownership boundary, however, the parties to the contract can also agree on a different operational responsibility boundary. The composition of the common property of the owners of premises in the MKD.

Separation of operational responsibility of the parties

More details about the procedure for organizing work on issuing permits for the admission to operation of power plants can be found in the article “The procedure for organizing work on issuing permits for the admission to operation of power plants”.

Operational responsibility: where are the boundaries?

The gas supply is the fulfillment by the gas supplier of obligations arising from the contract, expressed in the performance of a set of actions that ensure the supply of natural gas through the gas distribution network or liquefied petroleum gas from a reservoir or group cylinder installation to the border of ownership of gas distribution (connected) networks, determined in the prescribed manner . In turn, in-house gas equipment includes gas pipelines of an apartment building (MKD) or a residential building connected to a gas distribution network or a tank (group) cylinder installation, providing gas supply to the point of connection of gas-using equipment, as well as gas-using equipment and gas meters.

Attention

of the Law on Heat Supply, commercial metering of heat energy and heat carrier is carried out by measuring them with metering devices that are installed at the metering point located on the border of the balance sheet, unless a different metering point is specified by the heat supply agreement or the contract for the provision of services for the transfer of heat energy. A heat energy and heat carrier metering point is a place in the heat supply system where, using metering devices or by calculation, the quantity and quality of heat energy and heat carrier produced, transmitted or consumed for the purposes of commercial metering are established.

24 st. 2 of the Law on Heat Supply). The concepts in the field of gas supply are somewhat different from those given above. They are set out in paragraph 3 of the Rules for the supply of gas to meet the domestic needs of citizens, approved by Decree of the Government of the Russian Federation of July 21, 2008 No. 549.

Meters should be placed in dry rooms that are easily accessible for maintenance, in a place that is sufficiently free and not cramped for work with a temperature not lower than 0 ° C in winter. °C, as well as in rooms with aggressive environments.

It is allowed to place meters in unheated rooms and corridors of switchgears of power plants and substations, as well as in outdoor cabinets.

At the same time, their stationary winter insulation should be provided for by means of insulating cabinets, hoods with air heating inside them with an electric lamp or a heating element to ensure a positive temperature inside the hood, but not higher than +20 ° С.

social factor

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Many owners of city apartments suspect that their management companies, when billing for maintenance and repairs, are guided by the “out of the blue” rule. So why are they responsible for our money {q} What do we pay for "communal" Almost all owners of residential premises in apartment buildings sooner or later face problems with repairs. When contacting the Management Company servicing the house, you can easily get a price list for the performance of certain works by its employees.

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If the Criminal Code tries to get an additional fee for these services or misleads the applicant and refuses to provide them, then such actions are a direct violation of the Consumer Protection Law and Article 310 of the Civil Code of the Russian Federation. In this case, a citizen has the right to file a written claim indicating his requirements, a complaint to the State Housing Inspectorate, and later file a lawsuit in court and receive up to 50% of the amount of the fine awarded to the Management Company.

In reality, unfortunately, it is not so simple. Banal legal inexperience puts the homeowner in a deliberately unequal position in relation to the Criminal Code, who has gained experience in such cases and has its own staff of lawyers. This reduces the chances of a positive outcome of the case, even in the case of seemingly obvious violations by the Criminal Code.

The act of delimitation of the operational responsibility of the parties

To determine the border, when part of the territory where one balance holder is responsible, passes into the zone of another, acts of operational responsibility and balance sheet ownership help. Basically, the boundary follows on the bolted cable lugs. So the cable can be on the balance sheet of one organization, and the shield, circuit breakers and other accessories - on the other.

The error of the erring applicant was his unlawful filing of a claim with the arbitration court (the applicant has the status of an individual entrepreneur) to invalidate the act on the non-contractual consumption of electricity drawn up by the electric grid company.And if the filing of a claim was contrary to the current legislation, which I described in sufficient detail in the above article.

then the applicant has all legal grounds to object to the drafted act.

Question: In accordance with the temperature chart, the temperature of the network water in the supply pipeline should be 57°C. The management company found that the temperature in the supply pipeline is 71 °C, given that the actual temperature is too high. What actions should the management company take: both technical and regulatory?

Answer: Exceeding the normative values according to the contract is not allowed.

One of the most painful issues when concluding contracts with resource-supplying organizations for HOAs, housing cooperatives and management companies is the delimitation of the so-called operational responsibility and the definition of its boundaries. Practice shows that for homeowners associations and housing cooperatives this issue often becomes relevant in the event of accidents on networks that are not related to the common property of the owners in an apartment building, when, by virtue of a recklessly signed contract, the obligation to repair these networks is assigned to homeowners associations and housing cooperatives.

How to draw up a sample act of delimitation

An act is a document that is drawn up in writing to indicate the rights, obligations and powers between the organizations that supply resources and the subscriber who receives them. Although the second party can also be a management company, which is only an intermediary, taking over part of the responsibilities after the form is signed.

The obligations of supplier companies are not so extensive. In particular, these companies are obliged to supply the resource in the proper quantity and in high quality. But for the subscriber, who is now the management company, the delivery of the service costs a decent penny. The point is that he must:

Make repairs to equipment if it breaks;
Carry out equipment maintenance;
Other responsibilities.

In the act, these conditions are indicated in a separate section of the act, therefore they need to be drawn up and discussed in order not to end the case in court, defending their “impaired” interests

In addition, when drawing up the act, you must pay attention to the following:

First of all, the form of the act must be confirmed by documents. The following papers are sent to the supplier company:

Title documents for the house;
Building permits;
Permission to put the house into operation.

Conclude an agreement to ensure the operation of sewer networks, indicating in it all the nuances and features of the future transaction.
Put a signature under the relevant act, which will become the guarantor of the fulfillment of the powers by the parties.

The document indicates the layout of networks. But what is more useful, there is information here who is responsible for which branching of the water supply. A sample is made in triplicate. One of them remains with the client, the second with the service provider, and the third will be transferred to the representative office of the state body.

Responsibility of the power supply management company

If we talk about the limits of responsibility affecting the cold water and hot water systems, as well as the gas pipeline, then they must pass along the pipeline outlet from the transit line (riser) along the initial connecting thread at the entrance of such a pipe to the housing.

In the MKD power supply system, the limit of responsibility for the owners is determined by the outgoing terminals of the input switch for the apartment, and if the latter is absent, then the input terminals of the individual electricity meter.

The general sewer system of the house (drainage system) accommodates risers of a transit type, for this reason, the boundary line of responsibility runs at the place where the sewerage inside the apartment is connected to the specified riser.

Recognition by the court of the terms of the agreement on the establishment of network boundaries as null and void

Now let's consider the option when, when concluding an agreement with the RSO, in the acts of delimitation of balance sheet ownership and operational responsibility, boundaries were agreed that go beyond the common property of the owners of premises in the MKD, and in the process of executing the agreement, the parties had a dispute about paying for heat losses.

By the decision of the Supreme Court of the Russian Federation dated December 21, 2015 in case No. 305-ES15-11564, the case was sent for a new trial to the court of first instance with recommendations to establish whether there was an expression of will of the owners of the premises in the MKD to transfer the boundary of the balance sheet ownership beyond the outer border of the MKD wall and change the composition common property.

In a new consideration of the case, the court of first instance found a contradiction between the act of delimiting balance sheet ownership and operational responsibility and imperative rules of law, as well as the absence of a decision by the owners to classify the disputed section of engineering networks as common property. The agreement with the RSO regarding the act of delimitation of operational responsibility was declared null and void, the RSO was refused to recover losses from the management company for the disputed section of the networks.

Arbitration courts, when considering such disputes, already use this definition of the Supreme Court and make decisions on imposing on the RSO the burden of maintaining and maintaining engineering networks outside the common property of the owners of premises in the MKD, as well as the obligation to pay for losses on such networks. For example, in the decisions of the Eleventh Arbitration Court of Appeal dated April 20, 2016 in case No. A72-9399 / 2015, the Fifteenth Arbitration Court of Appeal dated April 5, 2016 in case No. A53-23569 / 2014, the decision of the Arbitration Court of the Ulyanovsk Region dated January 27, 2016 in case No. A72-9399/2015, when adopting judicial acts, the arbitrators referred to the above-mentioned definition of the Supreme Court of the Russian Federation.

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The points of supply of communal resources (regardless of the presence or absence of a PPU) must be located on the border of the balance sheet, which runs along the border of the common property of the owners of the premises in the MKD.

The boundary of operational responsibility runs along the boundary of the balance sheet, unless a different boundary is agreed by the parties to the resource supply agreement in the relevant act and if there is no decision of the owners to move the boundary.

The easiest way to agree on the boundaries of engineering networks is in the process of concluding an agreement, including in court.

The terms of the concluded agreement and the signed acts of delimitation, which contradict the rules binding on the parties to the resource supply agreement, are void in the absence of a decision by the owners of the premises in the MKD to establish other boundaries of the common property in the MKD.

Issued on the claim of the heat supply organization to the management company for the recovery of losses in the network section from the place of installation of the control point (the point of entry of the pipeline into the MKD) to the boundary of the balance sheet, defined in the act of demarcation as the point of output (tie-in) of the pipeline with heat carrier from the central heating station.

Limits of operational responsibility

The owners believe that the fact that heating batteries are in their dwelling means that they have ownership rights to them.

However, such a statement is erroneous. In fact, the entire heating system, along with batteries, is included in the structure of the common property of the house. A similar norm was legally enshrined in paragraph 6 of the RF GD under No. 491 of August 13, 2006.

For this reason, maintenance, repair and replacement of heating batteries in the premises of residents can only be carried out by management companies, but not by the owner of the premises, at his own discretion.

The line of division of responsibility in relation to the intercom is determined by the terminals for attaching the cable to the intercom unit.

Before signing a common property management agreement, you need to make sure that it contains a separate act that clearly delimits the responsibilities of the parties under the terms of the agreement.

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