ODN according to the standards of 2017
In 2017, the type of payment for home maintenance has changed slightly. Utilities will have to be paid, no one has canceled this, but the number of points in the payment has decreased. Now there is no separate item ODN. From now on, expenses for common house needs are included in the fee for. In general, payers will no longer see a separate line "ONE".
However, this does not mean that the payment in question was canceled altogether. Of course, it would be great to use the services of public utilities, living in a beautiful, warm and bright house without paying anything, but when answering the question of whether you need to pay for ODN, there is only one unequivocal answer - of course, yes, no one will serve you for nothing .
So what is common property? This is stated in Art. 36 p. 1 of the Housing Code of the Russian Federation. According to this article, the property in question includes rooms that are not apartments or part of them, but serve for general use. Therefore, everyone who lives in this house needs to pay for them.
These premises include:
The payment is calculated using a common house meter, which counts the amount of resources used: water, heat, electricity, gas and more. In addition, the indicators of individual meters are taken into account, so that residents will not hurt to buy them.
Strictly speaking, ODN is the difference between an individual and a common house meter. It is calculated using a simple formula. But if a person does not have an individual counter, which is a rarity in the modern world, then the calculations are carried out according to a different principle, more complex. Calculations are made according to the share of the apartment area as part of the sum of all areas of common property, and whether you consume a lot or a little of resources does not matter.
Methods for calculating ODN
The calculation of the amount of expenses for general house needs is made according to the formulas established by Decree of the Government of the Russian Federation of May 6, 2011 No. 354. It all depends on whether meters are installed or not.
Lack of a meter
The building is not always equipped with metering devices. For such cases, a separate calculation option is provided.
This will require the following data:
- The standard established by the regional authorities for a particular type of service.
- The total area of the building.
- The size of a particular apartment.
- The total area of residential and technical premises in the house.
After that, a certain formula is applied. The result of dividing the area of the apartment and all the rooms in the building is taken. It is multiplied by the consumption standard and the total area. The calculated indicator for each owner of the living space is added to the individual indicator or standard and is displayed in the receipt.
The presence of a meter
This calculation option consists of the following steps:
- Data is taken from common house metering devices.
- Information about the costs of individual equipment is taken.
- The difference between the two specified indicators is calculated.
- The result is divided by the total area of the house.
- The calculated amount is multiplied by the area of a particular apartment.
- The resulting figure is multiplied by the tariff set for each type of service.
- The user will have to pay for the result.
ODN standards from January 1, 2017
For quite a long time, the old principles for calculating utility bills, which used a common formula for all, and were guided by the number of people living within the living space, have gone into oblivion. Now everything has become easier and more difficult at the same time. No one will argue that the payments have grown, but the tariffs have also grown. You have to pay more, but if there are meters, this amount can be made much less, and the calculation is more objective.
In general, there is a need to completely change the system of housing and communal services.Both consumers and suppliers of energy resources: water, electricity, heat, and not only became interested in getting money for the actually supplied resource, and not the amount, strictly speaking, taken from the ceiling.
After a more detailed study of the situation, it turned out that a decent part of the resources simply goes nowhere. These turned out to be the resources that went to the maintenance of the house, and not specific apartments. Therefore, it is quite logical for management companies to require payment of ODN. Who benefits from working at a loss? Naturally, no one. Therefore, for financial reasons, the items of expenditure under consideration were born.
Now the maintenance of the house has become much more thoughtful, and the debts of public utilities have decreased. But the tenants are not too happy about this fact, since the payment has increased significantly. But then they ceased to be eternal debtors. Thus, ODN payments are a new line in the payment accounts, which is designed to compensate for the difference between the actually consumed utility resources attributable to a particular house and the total indicator on individual metering devices.
The prerequisites for such a calculation were drawn up in the summer of 2015. It was during this period that federal law No. 176-FZ “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” was adopted. It indicated that from the first day of the first month of 2017 there will be noticeable changes in the utility billing industry, and people should be prepared to pay more.
Community needs. What is included
Article number 36 of the Housing Code of the Russian Federation contains a complete list of property that is classified as common.
Common areas:
- Front doors, entrances: stairwells, spans, common corridors, entrance groups.
- Elevators, their shafts, cabins, both passenger and freight.
- Attics and technical floors.
- Cellars.
- Premises in which engineering communications are located.
- Other premises not related to residents of apartment buildings. These may include: leisure centers, various kinds of cultural events, halls for sports and so on.
- Territories of houses: footpaths, flower beds, children's and sports complexes (grounds).
In order to keep all of the above in a clean, orderly and decent form, the management company also spends water, electricity and other important resources.
General house needs are divided into groups. Their division depends on the type of utilities to which they are directly related.
Electricity
This resource in the concept of common house needs shows the amount of electricity that is spent on lighting the entrances, courtyards of the house, the operation of elevators, and so on.
Cold water supply
Cold water is used here:
- For cleaning rooms.
- For watering flower beds and lawns.
- For flushing engineering communications.
In addition, various breaks and leaks of pipes often occur, these losses are also attributed to the costs of ODN.
Hot water supply and ODN
In payments for utility bills, there are sometimes expenses for hot water supply for general house needs. This happens if hot water enters the house from the boiler room. These include:
- Losses due to accidents or network leaks.
- Repair work on the heating system.
- Works related to the flushing of engineering systems.
Heating for public needs
The temperature in the entrances of apartment buildings, according to sanitary standards, should not be lower than +16 degrees. To maintain it at the proper level, batteries are installed on each staircase. Such expenses are also classified as ODN and are divided among the residents of the house.
Other utilities ODN
The above payments are the main ones, but there are other nuances that are taken into account when calculating the ODN from 01 06 2017. In any case, the tenants will be forced to pay the entire overspending on any of the utility bills, but no more than the utilities spent. That is, now you pay strictly according to the bill, without paying in excess of the norm.
Payments will become much easier, so it will be much easier to figure out what kind of payment we are talking about. The calculation will also become fairer, because according to the new tariff, such features as:
When calculating, it is necessary to comply with the standards for the maintenance of common property, which are calculated individually for each residential complex. Moreover, they should be installed yesterday, or more precisely, before 06/01/2017. It is from this period that the accruals are fully conducted according to the new rules, which means that the payments are already coming with new data, which, what can we hide, does little to please the residents of high-rise buildings paying this money, since some of the amounts are simply cosmic.
However, payment must be taken seriously because it is a joint bill and if one person refuses to pay it, everyone will suffer. So this receipt is a must. It is too early to talk about specific amounts, because, despite the deadlines, not everyone has managed to clarify the data yet, which means it is impossible to derive an average value for the entire country.
What is ODN and what is included in them
ODN, as you probably already understood, these are common house needs. The expense item in question appeared in utility bills relatively recently, but has already managed to raise a lot of noise, since the bill there is decent. The fact is that utilities for a house and for a particular apartment are completely different concepts, since in a high-rise building there are not only residential premises, but also non-residential ones, which are also heated, illuminated, etc. It is logical that someone has to pay for this, since it is doubtful that the management company will simply give a decent amount to the tenants, and will work for itself at a loss.
Now about what implies the accrual of ODN
If you pay, it is important to know what exactly the bill comes for, what services are included in this list, etc. So, here is a general list of services that residents need to pay for:
- Lighting of the entrance and the territory near the house;
- Cleaning of premises;
- Heating of technical rooms and entrances;
- Drainage and water supply;
- Power supply.
Each of these items of expenditure has its own characteristics and nuances. Here is an example of what ODN for electricity can be spent on:
- Operation of elevators;
- Operation of water supply pumps;
- Operation of alarm and intercom;
- Generation of electricity for lighting fixtures located in non-residential premises of the whole house;
- Technological losses in MKD, which are associated with the features of electrical equipment.
As you can see, the payment for ODN for electricity can be quite large, since there are a lot of points for which it is charged. But let's look at another of the main industries where there are decent bills for ODN - water supply:
If we consider these two cases, then it is possible to pay for ODN in 2017 only if they relate exclusively to the services in question, but no more. If some other type of work was included in the payment, then this is already illegal, and it is impossible to pay for the ODN of this plan, since it includes unnecessary services, the payment of which, according to the law, does not lie on the shoulders of the tenant.
One such controversial issue is the television equipment placed on the roof. Its work is paid not by the tenant, but by the provider who installed it.
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Who should pay ODN, and whether it is necessary to do it
The issue of payment for ODN is losing its relevance. This payment has already disappeared from the payment systems. But it's too early to rejoice. Have you noticed that the amounts in payments have become higher? The fact is that tenants are required to pay money for common house expenses, but now they have been included in other items of utility costs. The new law was issued to regulate the adequacy of the assessment and the tariffs at which each common house service related to heating, lighting or water supply is paid. So if the type of service in question has ceased to be a separate line of utility costs, this does not mean that it has disappeared.
Now everything is calculated much more competently, because not only individual meters are used for the calculation, but also common house meters, which are controlled by a complex electronic circuit. Therefore, knocking down the settings or otherwise damaging the system will not work.The heads of communal organizations are in charge of all this, because it is in their interests to make sure that the indicators are true, otherwise you can suffer serious losses, which can only be compensated through the courts. And why this extra hassle, if it can be avoided by paying a little more attention to the system?
Now about who will pay for all the services that “passed by” the apartment, but went to improve conditions in non-residential premises. Of course, tenants are not too eager to pay for basement or attic lighting services, because many people never go there. But after all, without this it is impossible to get high-quality service in living rooms. So every month you have to fork out.
But there are situations when the chairmen of the managing organizations deal with the issues of payment for ODN. This is rare, but still occurs, so people should know about it. But in the exceptional majority of situations, each owner of an apartment located in a particular house should deal with the problem under consideration. So the bill coming to the tenants is a common occurrence, and in order not to accumulate debts, it must be paid.
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The head of state signed a federal law on the payment of bills for common house needs for collective meters.
Russians will be able to pay for public utilities
, namely hot, cold water and electricity, according to a common house meter. The corresponding law was signed by Russian President Vladimir Putin. Experts positively evaluate the changes, but they say that the calculation procedure that existed until 2017 is now returning, and then was abolished and again adopted by the State Duma in the last session.
How much Russians owe for a communal apartment
Not so long ago, the head of the construction department, Mikhail Men, said in an interview with Rossiyskaya Gazeta that the public's debts for utilities had reached 645 billion rubles, and the total debt was 1.34 trillion rubles.
According to him, the majority of residents are “quite disciplined” in paying for housing and communal services and debtors among them - six percent.
The second group of debtors are legal entities-intermediaries,
such as management companies. According to him, the Ministry of Construction is counting on
solve this problem in the future by eliminating intermediaries from the payment chain for
resources consumed by the inhabitants.
Another duty of the tenants is to choose one of three ways to manage the MKD:
- direct control,
- management of HOA or LCD,
- managing organization.
If tenants choose a management organization, then it provides them with a full range of utilities. It is impossible to provide only a part of CU and not to purchase electricity.
The Supreme Court of the Russian Federation agreed that owners and tenants of residential premises, by decision of the OSS, can pay for all or some utilities directly from the RSO. But in this way it is impossible to pay for CG consumed on maintenance of common property in MKD
.
The managing organization concludes a resource supply agreement with the RSO and only after that provides the CU to the residents of the MKD (clause 13 of the RF PP N 354). The MA enters into an agreement with the RSO for the supply of all communal resources that are necessary for the maintenance of the apartment building and ensuring the comfort of residents.
If the building is managed by the MA, the tenants pay for the consumed utilities to it, unless they have made another decision at the OSS. It turns out that the residents of the MKD in this case act as consumers of the CG, and the MA is both the executor of the CG and the subscriber in relation to the RSO.
We collect all the facts together and conclude that the procedure for paying for CG directly depends on the chosen MKD control method
. But the organization, which was determined by the general meeting of owners, can charge and collect fees.
At the time of the proceedings, the version of Part 7.1 of Art. 155 of the Housing Code of the Russian Federation, which did not allow direct payment of CU on ODN directly to the RSO.There was an exception - you can pay directly RSO at direct control of MKD
. But in our case, the house was managed by the MA.
The managing organization was the executor of the CU, and it had every right to charge a fee for the services rendered. The management company had to pay.
How not to repeat the mistake
Even if the MA and the RSO have not entered into a resource supply agreement, the resource supplying organization does not automatically receive the right to collect fees for services at the ODN. Owners pay directly RSO only with direct management of MKD. In other cases, the OSS determines who will receive payments.
An agreement with the RSO is obligatory for the MA. If you do not want to conclude it voluntarily, you will be obliged through the court. The contract is concluded for the volume that is needed for the purchase of a communal resource for servicing the common property of an MKD.
In a disputable situation, the court will look at which method of management is chosen in the MKD. If the house is managed by a managing organization, payment for utilities at one
she collects.
What to do with excess? Excess for ODN
the managing organization pays if the owners of the OSS do not decide to distribute this amount among themselves.
This is new for 2017. Legislators believe that such rigidity will teach management organizations to more effectively manage MKD:
- identify "rubber" apartments,
- stop illegal connections,
- Responsible for door-to-door detours.
If you have any questions, you can always contact us for advice.
We help UO, HOA and housing cooperatives comply with Federal Law No. 209 on GIS housing and communal services (). . We also help. We will be happy to help you too!
In-person voting So, one of the first innovations: in addition to in-person and absentee general meetings, owners now have the right to conduct in-person voting to solve the problems of their apartment building. In accordance with this federal law, in-person voting provides for face-to-face discussion of agenda items and the adoption of decisions on issues put to a vote.
There is no general metering device. Do I need to pay for resources in this case?
If for some reason a common meter is not available in an apartment building, then the calculation of the expense and payment for general house needs is based on personal metering devices using special multiplying factors. Their rates, as a rule, are not higher than 10%.
For example, the residents of the house spent water in the amount of 500 rubles. Then they will have to pay 50 rubles (500 * 0.1) to pay for ODN. This amount may be less, it all depends on the coefficient itself, which was set. The very same standard for resource consumption is set by local regional authorities, depending on the region. You can see all the rates of interest on the website of your management company.
Expert opinion
Aleksandrov Dmitry Petrovich
Practicing lawyer with 15 years of experience
Specializes in family law
Note! Often, the actual payment data can be many times larger than when calculating using formulas. There are many reasons for this, for example, severe wear of heating networks, which often causes emergency situations associated with pipe breaks.
All this leads to a loss of resources. Another situation: some residents who do not have a personal meter at home pay for water consumption according to the standard and stop saving the resource, forgetting to close the taps after use. Of course, the total cost will also increase. Or only one tenant is officially registered in the apartment, and three more live with him. All receipts will come with calculations for one user, when in fact you need to pay for four.
Residents have the right to choose the form of payment for utility services
The law now enshrined a norm that allows residents of the house to independently choose the method of payment for communal resources - by meters or by standards.
In the event that meters that take into account the costs of providing the common property of residents with electricity and water are not installed in the house, the volume of consumption is still calculated based on regional standards.
Although now the payment for common house utilities can be recalculated based on the meter readings, it is not clear in practice how this will happen.
Energy supply companies today often offer to install meters at their own expense. Management companies either specifically collect funds for the installation, or carry out it at the expense of funds that have already been collected as part of general house maintenance.
According to experts, the adoption of the amendments was due to the fact that "expenses for common house services were actually removed from the legal field."
Given that the standards are set by regional authorities, overpricing in this area is not uncommon.
Consumption standards
Resource consumption standards for general house needs are average indicators of metering devices. At the same time, such data are taken not one by one, but by several hundred residential areas. It should be noted that indicators of not only general, but also individual equipment are taken into account. There are no clear rules defined by law. The decision is made in each specific case in relation to a single residential area. A lot of indicators are taken into account: the region in which the building is located, the degree of its wear and improvement, the time of year, the state of engineering systems. Consumption standards are a value that determines the maximum consumption of resources, which is not recommended to be exceeded.
Common house meters at the expense of residents
The wording set out in the law suggests that the installation of common house meters will be carried out at the expense of homeowners. In cases where the house is managed by the HOA and other forms of association of owners, they will decide this issue at the general meeting.
The regions had to adopt norms for paying for common house needs for different types of houses. Anything in excess of the standard had to be paid by management companies. But “no one complied with this decision,” and in order for these rules to work, another normative act was issued and the corresponding norm was introduced into the Housing Code.
However, as a result of these changes, consumers experienced significant increases in utility bills in some areas in early 2017.
The thing is that in the regions they did not begin to clarify the standards. Secondly, there were different methods of calculation. It often turned out that people were forced to pay more than what came into their house according to metering devices.
The Ministry of Construction sent an explanatory letter that they themselves can decide how to pay for ODN - according to the standard or according to the meter. But there was no such provision in the law. So the adoption of this federal law first of all means "the restoration of common sense."
For the end consumer, the calculation of actual costs is the most convenient and transparent, however, it must be taken into account that in different months, depending on the season, different amounts will be charged monthly.
When using the standard, according to experts, the accrual amount is constant, but it does not reflect actual consumption and can be either higher or lower than the fact, depending on the energy efficiency class of the building, the available common house equipment, and so on.
