Legal subtleties and nuances when turning off the central heating
There is an option to turn off central heating without having to apply for a permit. Many of us have rarely seen contracts with public utilities for the supply of heat to your home. A priori, it is considered that the owners of housing in an apartment building agree with the conditions for the supply of centralized heating services. In fact, the situation is up in the air from a legal point of view. No contract, no obligation.
Moreover, in almost every house you can find residents who arbitrarily disconnected from heat supply and managed to equip their apartments with autonomous heating systems. There are practically no cases of prosecution for arbitrariness in this situation, so everyone decides the situation at their own peril and risk.
Let's consider situations when, in order to translate into reality your desire to refuse centralized heating services, the consent of the residents of your house and neighbors is not required.
Apartment buildings often have incomplete technical documentation regarding the heating system. In this regard, it often happens that the elements of the heating system are not part of the property complex of buildings. Despite the fact that in such a situation you will not need to obtain collective consent to re-equip the heating systems in the apartment, official permits from regulatory and service organizations are required.
The reason is that any intervention in engineering networks requires mandatory fixing in the technical documentation. For each house there is a technical passport, which takes into account all the data on the operating heating system. Removal of radiators, insertion and installation of plugs in apartments, any other changes must be reflected in the technical passport. Guided by Art. 26 of the Housing Code of the Russian Federation, for further actions you will need the following package of documents:
- free form application;
- registration certificate for the apartment to be switched off;
- documents confirming the right of ownership (use) of the apartment;
- written consent of all legal residents of the apartment;
- technical opinion of specialists on the possibility of shutdown and subsequent re-equipment of communications.
To complete the picture, it is required to attach a reconstruction project to the package of documents, which is being developed by specialists from the relevant organizations and authorities. As part of the project documentation, there must be calculations that prove the functionality of the central heating system in the house in the absence of elements of a disconnected apartment. In addition to the project, it is better to have a scheme of thermal-hydraulic calculations of the object, an accurate calculation of residual heating.
A technically sound design is the first step towards obtaining a permit. However, if the changes being made can negatively affect the thermal efficiency of the entire house and cause a violation of the temperature regime in the apartments of other homeowners, such a project will be rejected.
Normative base
The regulatory act describes in detail the nuances of the relationship between the consumer and the resource supplying enterprise:
- terms of preparation of engineering networks for the heating start-up season;
- responsibility for non-compliance with the regulations;
- when and who should repair obsolete communication elements.
Part of the questions about the obligations of public utilities is indicated in Government Decree No. (last amended on May 22, 2019). This legislative act speaks of the timing for the repair of current breakdowns. Options are also listed when the heating must be turned off for technical reasons.
Watch the video: “When the heat supply is turned off in the apartments.”
Norm of average daily temperature for de-energization and start of heat supply
The average outdoor temperature, which affects the supply of resource to residential buildings, is defined as the total level of fluctuations per day. For example, in the daytime the sun heats the air up to +15°C, and at night the thermometer can drop to -1°C. Thus, the average mode is +8°C.
If for three days in a row the street temperature is generally +8°C, then it is time to start supplying heat.
In the spring the situation is similar. The shutdown of heating in 2019 in Russia occurred subject to the fact that for 3 consecutive days the average daily temperature was at around +8°С.
Season to start heating supply
The heating period is the time when the average temperature outside for 24 hours is not more than +8°C. At the beginning of winter, socially significant buildings are the first to be connected: MOUSOSH, preschool institutions, clinics, hospitals, shelters. Then there are multi-storey residential buildings. Lastly, industrial facilities are connected.
At the end of the heating season, everything happens the other way around. Begin to turn off the prom. buildings, MKD and at the end socially significant premises.
Permissible period of lack of heat supply
In addition to the end of the heating season, there are additional reasons when, during the cold period, utilities stop the supply of heat to the MKD. So, preventive work not carried out on time and major breakdowns on water mains can cause unplanned stops in the supply of heating.
Two laws regulating the terms of repair work and responsibility for their non-compliance:
The law provides for a time frame during which utility workers are required to fix the problem:
Table 1.
| Mode | How long can the heating be turned off |
|---|---|
| +12…18°С | 16 hours |
| +10…12°С | 8 o'clock |
| +8…10°С | 4 hours |
If there is no heat in the house for much longer, you should contact the emergency dispatch service of the city. In parallel, experts recommend notifying the management company.
When the heating is turned off in 2019
According to weather forecasts, the end of the heating season in 2019 will already begin on the 20th of April and, depending on the regions, will end in May.
Turning off the heating system according to the law occurs subject to several conditions:
The temperature of the outside atmosphere. According to Decree No. 354 "On the provision of public services ...", the end of the heating season is the time when daytime temperatures stay above 8C for 5 days. This condition applies to those houses where the coolant enters the engineering systems of the house through centralized networks. If this utility service is provided using common house equipment, then the end date of the heating season is determined by the owners of the premises in the house by holding a meeting and drawing up a decision. If this is not accepted, then the norms of the above Decree are used.
Compliance with the season
When turning off the heat, the time is also taken into account when the shutdown of the equipment by heat supply organizations is considered the most favorable. For central Russia, this is the period from April to mid-May
It is then that the shutdown will be comfortable enough for the population and equipment.
As a rule, the end of the season for supplying heat to houses is coordinated with the meteorological services. They can predict whether a sharp downward temperature change is possible within the next 10 days. If this is not expected, then the supply of heat to the houses can be stopped with the onset of the first two conditions.
The final decision to stop heat supply is made at the level of local authorities. Therefore, it is not always worth scolding the utilities that manage the house. In this case, they are only performers.
Schedule for turning off heating in the regions of Russia in 2019
Local authorities plan to turn off the heating until May 1.
| Region | Planned date of heating shutdown |
|---|---|
| Moscow | 26 April |
| Moscow region | April 24 |
| Tver | May 3 |
| Lipetsk | April 23 |
| Vladimir | April 23 |
| Omsk | the 6th of May |
| Saint Petersburg | may 13 |
| Minsk | April 2 |
| Ust-Kamenogorsk | April 23 |
| Mound | 5 May |
| Yaroslavl | April 27 |
| Tula | April 28 |
| Novokuznetsk | may 13 |
| Voronezh | April 22 |
| Ufa | the 6th of May |
| Khabarovsk | 1st of May |
The transition to the summer mode and the shutdown of heat supply systems takes place in stages. First, this happens at industrial facilities, then office and administrative buildings and premises are turned off. Then comes the turn of residential buildings and only at the last moment the social sphere: hospitals, schools and kindergartens.
Answer
Disconnection can be made due to arrears in payment for services rendered, due to revealed facts of non-contractual consumption, due to accidents, etc. (clause 76 of the Decree of the Government of the Russian Federation of 08.08.2012 No. 808). Shutdown for other reasons is unacceptable.
The rationale for this position is given below in the materials of "Systems Lawyer".
RESOLUTION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION OF 08.08.2012 No. 808 "On the organization of heat supply in the Russian Federation and on amendments to some acts of the Government of the Russian Federation"
“76. Restriction and termination of the supply of thermal energy to consumers can be introduced in the following cases:
non-fulfillment or improper fulfillment by the consumer of obligations to pay for thermal energy (capacity) and (or) coolant, including obligations for their advance payment, if such a condition is provided for by the contract, as well as violation of the terms of the contract on the quantity, quality and values of thermodynamic parameters of the returned coolant and (or) violations of the mode of consumption of heat energy, which significantly affect the heat supply to other consumers in this heat supply system, as well as in case of non-compliance with the mandatory requirements established by technical regulations for the safe operation of heat-consuming installations;
termination of obligations of the parties under the heat supply agreement;
identification of facts of non-contractual consumption of thermal energy (capacity) and (or) heat carrier;
occurrence (threat of occurrence) of emergency situations in the heat supply system;
the presence of the consumer's request for the introduction of restrictions;
other cases stipulated by the regulatory legal acts of the Russian Federation or the heat supply agreement*.
In recent years, there has been a strong trend among multi-apartment homeowners to switch to off-grid heating options. The increased financial possibilities of apartment owners today make it possible to provide heating in an apartment at a completely different, higher technical level. This is largely facilitated by the emergence of autonomous devices and units with high efficiency and economy.
The desire to make your apartment completely independent of district heating is quite understandable and understandable. Often the quality of the heating system in the winter leaves much to be desired. Barely warm batteries, when winter is raging outside, unreasonable financial expenses are real prerequisites for completely abandoning heating in the apartment.
Where to call if the heating is turned off the hotline for complaints
Calls about heating should initially be made to the office of the management company and to the emergency service of the district. Sometimes the service organization does not have data that the heating supply to the house has been suspended. In other situations, the employees of the Criminal Code do not respond to complaints.
In this case, you need to call the special hotlines about heating.
In Moscow and the Moscow Region, the following services operate that regulate the situation with the supply of heat:
Table 1.
| Contacts | Organization |
|---|---|
| +74955395353 | 24/7 telephone for housing issues. Unified dispatching office for utilities. |
| +74955395959 | United Energy Company |
| +74956809861 | housing and communal services |
| +74956817367 | Moscow department of housing and communal services.Supervises directly the issues of water resources, sewerage and heating. |
| +74956810549 | The second number of the control room MD housing and communal services. You should also call here if the heating is turned off. |
| +74956202760 | Emergency service of accidents on the roads and repair of the pipeline located under the roadway. |
| +74957758770 | Center of urban economy of the capital. |
| +74997633434 | Strong point of the water utility |
| +74956578703 | An organization that oversees the operation of sewers. |
It is allowed to send a complaint remotely through the websites of local municipalities:
Table 2.
| Office | Link to the official portal |
|---|---|
| Moscow administration | |
| Electronic reception of the mayor | |
| MIPC | |
| public services | |
| "Moscow is our city" | |
| GJI | |
| Ministry of Housing and Public Utilities of the Moscow Region | |
| MO Government |
Alternative heating options. Reality and consequences of this step
The main argument that guides the owner of the apartment, who wished to disconnect from the heating plant and install autonomous heating in his house, is independence. For our country, a characteristic feature is the rapid change of seasons. Summer ends quickly, the heat accumulated in houses during the warm period quickly disappears. For many of us, the state of waiting for the official start of the heating season is associated with discomfort. There is still a lot of time before the central heating is turned on, and the apartment is already cold and not comfortable. There is a way out, and it just suggests itself.
Your autonomous boiler is able to solve such problems once and for all. But how to turn off the central heating in your apartment in order to make decisions on your own when, how much and for what to pay? All these issues require careful analysis and a competent approach. The main problem is a huge bureaucratic work. In order to refuse the services of a regional energy company once and for all, a lot of permits and related documentation will be required.
Any unauthorized intervention in the system can lead to a malfunction of the entire complex as a whole. Switching off one apartment from the unified heating system will require the re-equipment of the entire network and is associated with a large amount of engineering and technical work.
The entire system, in accordance with the norms of the law, is part of a single property complex, which refers to an apartment building. The composition of the property of a residential building, its functionality and performance is determined by the owners of housing. The conclusion suggests itself - decisions on making changes to the centralized heating system are made collectively. This requirement is clearly stated in the Housing Code. Turning off one apartment is an individual decision. However, unauthorized disconnection without obtaining appropriate permits and approvals is punishable by law. In some cases, such actions on the part of the owner of the apartment may qualify as a criminal offense. Any work related to engineering networks in an apartment building must be carried out by specialists, guided by the relevant permits, terms of reference and project.
Where to complain if the heating was illegally turned off
There are legal and unauthorized grounds for suspending the supply of heating to residential buildings and premises.
In the event of major emergencies on central heating systems, there is a clear limit on the time frame for de-energizing the resource:
- 16 hours of downtime in heating while maintaining room temperature at 12°C-18°C;
- an eight-hour interruption in the supply of heat, provided that the temperature in the apartments is not lower than 10-12.
- no more than 4 hours, if the set mode in the living room is kept at the level of 8°С-10°С.
Delays in the supply of heat to apartments longer than specified is considered illegal. It is impossible to keep silent about this fact - you should call if the heating is turned off to the supervisory structures. Additionally, a complaint is filed.
Initial complaints should be directed directly to the house maintenance company.The management of the managing organization must respond immediately. create a commission within 2 hours and consider the situation on the spot.
Emergency services are supervised by single dispatch centers, which are also worth calling.
In the absence of a response, it is necessary to file a claim with the regulatory authorities:
- Housing inspection.
- Rospotrebnadzor.
- Municipality.
- Prosecutor's office.
- Court.
Before going further through the authorities, it is necessary to notify the management of the Criminal Code or the housing and communal services - as a peaceful settlement of the problem. Often the situation is resolved at this stage, as utilities understand that further complaints will lead to proceedings and unscheduled inspections.
Supervisory authorities
The main bodies whose competence is to monitor and punish management companies and housing and communal services:
- Housing inspection;
- Rospotrebnadzor.
How to file a complaint about the lack of heating in the house
When drafting a complaint, it is important to adhere to business style, i.e.
less emotions and more facts.
Mandatory information:
- The heading of the application indicates the position and name of the person to whom the claim is written.
- The text of the appeal describes in detail the time and place of the incident.
- References are given to the clauses of the service agreement with the Criminal Code and legislative acts.
Here are available examples of complaints about the lack of heating:
-
In the name of the director of the UK.
-
In GGI.
-
In Rospotrebnadzor.
-
Prosecutor's office.
Possible causes of heating problems
There are reasons beyond the control of a person, the so-called force majeure.
These circumstances include:
- Natural disasters that caused serious damage to waterways.
- A major car accident on the road, due to which the pavement and pipes lying under it were damaged.
But much more often, interruptions in heating are associated with a negligent attitude towards the work of utility workers, such as:
- initially incorrectly drafted heating networks;
- poorly installed insulation of water pipes - for this reason, the mains freeze through;
- the system was installed with technical violations;
- lack of level or pressure of liquid in coolants;
- blockages in the central water supply not cleared in time;
- air plugs are not removed from the system;
- breakdowns in the main resource management nodes;
- Poorly carried out preventive maintenance of heating networks inside a residential building or premises.
Heating regulations
In winter, the temperature in the rooms should be as follows:
- In an apartment or house - 18 ° C and above, and in the corner it must rise by another 2 degrees.
- Kindergarten - 22-24°C for nurseries, for other rooms -21-23°C. The bedroom is set to a temperature of at least 19 degrees.
- Schools - any room within a school - 18-24°C. In workshops and sports halls - 17-20°C.
- Things are more complicated with the workplace. The indicators depend on the type of load that goes on a person. Therefore, the temperature can fluctuate between 16-18°C if the worker is involved with physical effort. Work in the workshop, when an employee stands behind the machine and moves little, requires the establishment of a regime of at least 22-24 ° C.
Statistics of the de-energization of heating pipes in houses
If the weather is too cold outside, then the heating services have no legal basis to stop the heating supply to residential buildings. The delay in shutdown may be due to anomalies that lead to minor cold snaps in the spring.
If you study the statistics of 2007-2018, you can understand that the disconnection of batteries in Moscow occurs between the last days of April and the May holidays. It is during this period that the temperature in Russia does not fall below 8°C for many days.
The official statistics of turning off the heating from 2007 to 2019 shows that heat is supplied to houses from April 21 to May 10.
Schedule for turning off heating in the regions of Russia in 2019
2019 was no exception for the inhabitants of the Russian Federation in terms of weather.Forecasters did not give forecasts of early warming. In fact, that is what happened. If 5 years ago in mid-April there was already a widespread shutdown of batteries in apartments, then in this reporting period the beginning of the month was more like winter in Moscow and the Moscow Region.
In the southern regions it is relatively warmer, but in the first days of April, the average daily degrees fall below the temperature at which heating is turned off according to the law. For example, this year Moscow was de-energized from heat on 04/26/2019, Tula on 04/28/2019, Yaroslavl on 04/24/2019, and Tver on 04/29/2019.
What is the heating season
The heating season lasts from the time the utilities turn on the heating until they turn it off. This interval usually begins in autumn and ends in spring. However, the exact dates are regulated by the relevant authorities.
Heating is supplied through central pipes. Such designs are in every home. To make it easier for you to understand how central heating works, we suggest that you familiarize yourself with its process in more detail.
How does the process of heating apartments:
- Heating of apartments is carried out with the help of a pipeline. Pipes stretch from the city's central boiler house and diverge to houses and apartments. Here the coolant is water.
- Also, houses can be heated from heat and power plants. In this case, electricity and steam are used as heat carriers.
- The coolant is supplied through a developed pipe system. Pipes run in two rows. According to the first, the coolant enters the apartments, according to the second, it returns from them.
- In apartments, heat is distributed through pipes.
This system has central heating. With its help, multi-million cities are heated. However, you have to pay for such services.
End of the heating season
The end of the heating season is also of great importance. After all, every person wants to know when his home will stop heating. Therefore, the whole country carefully follows the news about this day.
The end of the heating season, as well as its beginning, cannot be predicted. The fact is that it is impossible to determine exactly when it will become warm outside. Actually, according to this, according to the new rules, the timing of the heating season may vary.
You can guess when the heating season will end, taking into account last year's figures. For example, in 2017, heating was turned off in Moscow on May 2. Therefore, it can be expected that Muscovites will stop heating in 2018 at about the same time. However, this forecast is not accurate, as the frosts may drag on, or vice versa, the winter will be short. However, central heating also has its downsides.
Cons of central heating:
- Central heating works non-stop, so during the heating season the air in the apartment is very dry;
- Sometimes, in severe weather, pipes in the heating system can burst, because of this, interruptions are possible;
- The level of intensity of the central heating cannot be adjusted, so some people may experience discomfort.
As you can see the central heating is faulty. Therefore, many people have switched to autonomous heating of houses.
Where to call
hydraulic testing in the locality hot water management company
According to Russian legislation, namely Article 5 of the "Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings":
«The heating period must begin no later than and end no earlier than the day following the day of the end of the 5-day period, during which, respectively, the average daily outdoor temperature is below 8 degrees Celsius ...
»
Thus, the beginning of the heating season depends on weather conditions.
Estimated period of the beginning of the heating season 2016/2017 in Moscow October 4-10, 2016.
Heat supply procedure
Two weeks before the heating is turned on, test runs are carried out in order to detect breakdowns and leaks. The first places where launches are carried out and where heating is turned on first are social facilities: hospitals, schools and kindergartens. After the start of the heating season at these facilities, heat is supplied to the residential sector (apartments).
What should be the temperature in the apartment? Legal requirements
According to the "Rules for the provision of public services" and "GOST R 51617-2000. State standard of the Russian Federation. Housing and communal services. General technical conditions.»:
- In residential premises, the temperature should not be lower than +18 °C
- In the corner rooms of residential premises, the temperature should not be lower than +20 °C
- In the kitchen - not lower than +18 °C
- In the bathroom - not lower than +25 °C
- In the restroom - not lower than +18 ° C
- At night (from 00.00 to 5.00 hours) the air temperature in the apartment can drop by no more than 4 °C
- In the daytime, the decrease in temperature below the standard level is not allowed.
How to measure the temperature in the apartment?
It is necessary to place the measuring device in the center of the room, at the intersection of the diagonals between the corners, at a height of 1 meter from the floor.
Requirements for a permissible interruption in the supply of heat in accordance with the "Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings":
- No more than 24 hours (total) within 1 month
- No more than 16 hours at a time - at an air temperature in residential premises from + 12 ° С
- No more than 8 hours at a time - at an air temperature in residential premises from + 10 ° С to + 12 ° С
- No more than 4 hours at a time - at an air temperature in residential premises from + 8 ° С to + 10 ° С
For each hour of exceeding the permissible duration of a heating break, calculated in total for the billing period, the amount of the utility service fee is reduced by 0.15%.
Technical difficulties
If all the documentation meets the requirements, the project for the conversion of the apartment is approved, the type of autonomous heating source meets the fire safety standards and operating conditions in an apartment building, you can expect to receive a permit. Another thing is that such actions on the part of public utilities do not meet with enthusiasm and the bureaucratic procedure can drag on for months.
Regarding the technical side of the matter, the task of disconnecting an apartment from central heating does not look difficult. To solve it, you just need to invite qualified workers. Dismantling of existing equipment and subsequent installation of an autonomous heating system is carried out in strict accordance with the project, with the participation of specialists.
Otherwise, you may encounter a number of problems, first of a technical nature, and then of an administrative one.
ATTENTION: IN CONNECTION WITH THE ARISING OBLIGATION TO PAY TO THE MAJOR REPAIR FUND OF THE TVER REGION FROM JULY 01, 2014, PLEASE READ THE SELECTED INFORMATION
Preliminary work
Start and end of the heating season
The beginning of the period for supplying heat to apartments depends on the subject of the Russian Federation. It is necessary to include the resource in houses according to the law from October 1 to October 15. Completion of heating work falls on the first days of April to mid-May.
Rules
According to the law, the leadership of the local municipality must agree on the dates for the start and end of the heat supply period with higher authorities. At the same time, the average temperature at which heating is turned on is + 8 ° С.
CHP and utilities are responsible for maintaining the required level of resource in residential apartments. The table shows the standards:
Table 2.
| Type of heated room | The norm below which the temperature inside the property should not fall. Condition - the room is thermally insulated. |
|---|---|
| Apartment in MKD, private house | 18-20 °C. If the street is below -30 ° С, then the indicator increases by 2 ° |
| The place where people work | 20 °C |
| School classrooms | 18 °С |
| Playrooms in kindergartens | 22 °С |
| Bedrooms in preschools | 19 °С |
| Entrances, corridors, stairways in MKD | 16 °С |
Features of the regions
Due to the fact that Russia occupies a large territory and is located in several climatic zones, it extends far to the north. Of course, the weather conditions are different, so the final decision on heat issues in a particular region lies with the local municipality.
For example, this year, the heat supply was cut off:
- in Moscow it was turned off on 04/26/2019;
- Thule - 04/28/2019;
- Yaroslavl - 04/24/2019;
- Tver - 04/29/2019.
When the heating is turned on after winter
The issue of turning on batteries worries citizens as much as turning them off.
To find out the approximate dates, you need to find out what conditions thermal companies will be guided by:
- Within 5 days, the average temperature outside the window should be no more than 8 ° C. This mark was not chosen by chance. If the deadlines are shifted, then there will be a possibility of freezing of the heating system, especially in the entrances of residential buildings. In the event of such a situation, the building will be in an emergency position, and repairs will be expensive.
- The heating system is turned on from October 1 to October 15. It is impractical to start heat supply earlier, since the process is time-consuming and costly.
- Experts also take into account the weather forecast for the next month. If a sharp warming is observed after a few days, then it makes no sense to turn on the batteries in the houses. The consumer will have to pay money for wasted heat supply.
Starting the heating system is always associated with a large number of overlays. Heating mains quickly gain the necessary power, but heating does not appear immediately in radiators.
Note: There is air in the system, which blocks the flow of heat. To solve the problem with a low temperature in the apartment, the owner must independently bleed it. To do this, open two valves located on the radiators.
What to do if the heating is not turned on
When the heating season has officially started for the last 5 days, but the apartment is still cold, the following steps must be taken:
- Call the control room of the public utilities in Moscow: +7 (495) 539 53-53.
Experts recommend that apartment owners contact the management company for information on the timing of turning off and turning off heating. As a rule, the housing office has the necessary information.
A sample application to the Criminal Code for recalculation for the provision of low-quality housing and communal services for heating is available for download here.
A sample statement of claim against the Criminal Code on the fact of poor-quality heat supply can be downloaded here.
Watch the video: “How not to pay for poor-quality housing and communal services for 5 years.”
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