The recalculation of the utility service fee according to the testimony of the IPU must be done, even if the consumer has not submitted testimony to the Criminal Code for more than 8 months

For what period can I make a recalculation for utilities

The law, which regulates the recalculation for utilities according to Resolution 354, was originally adopted in 2011, but from time to time, actual changes and adjustments to payments are made to it. The 2015 edition regulates the procedure for generating utility bills for the period, with the establishment of consumption standards.

The increase is provided for in the legal order, if it is revealed:

• Violation of norms for verification of meters;
• Making a tie-in into the pipeline, with a pipe diameter above the established norms;
• No seal on counter.

In the absence of meters, it is permissible to recalculate utilities for the period, downward.

Some utilities that are not subject to recalculation:

• Heating (recalculation is possible only if it is completely turned off or the temperature does not correspond to the declared one);
• Gas supply (for heating);
• General household needs;
• Water disposal.

Recalculation for heating, according to the decree, is carried out through the courts, to consider the case, you will need to attach enough documents confirming the fact of the application.

In case of incorrect calculation of housing and communal services, this material will help.

Recalculation for utilities according to the law

If the hot water temperature is less than 60 degrees, then according to the same scheme, a deduction of 0.1% is made for every three degrees below the norm.

When checking the status of metering devices, it may turn out that the metering device is in good condition, for example, the seals on it are not damaged, but its readings differ from those that the consumer submitted to calculate the cost of a utility service for the billing period preceding the check.

Actions also differ depending on the availability of a meter. When paying for the service according to the standard, the reduction in the cost of hot water at low temperature is carried out in the usual way according to formulas. If there is a meter, the recalculation of water supply depends on the timely transmitted readings of the meter.

STEP 6: If in the period following the submission of the application for recalculation, this is not done, you have the right to apply to the regional state housing authority (State Housing Inspectorate) with an application for an inspection, to which all the drawn up acts must be attached (see sample application ).

The pressure in the DHW system at the point of draw-off must be from 0.03 MPa (0.3 kgf/cm²) to 0.45 MPa (kgf/cm²). Pressure deviation in the DHW system is not allowed. For every hour when the pressure deviated from the set up to 25 percent, the amount of the fee is reduced by 0.1% of the amount of the fee for the billing period.

N 1190 "On the Rules for determining the amount of fees for utilities paid by tenants of residential premises in hostels, included in the housing fund of organizations engaged in educational activities, under contracts for renting residential premises in a hostel."

Basis for recalculation for heating

1. The provisions of the document indicate that the temperature below the norm of +18 degrees in the rooms of the MKD is unacceptable throughout the season. A limit of 20°C is set for corner rooms.
2. Depending on the region where you live, environmental conditions may be less than -31°C. In this case, the indicators increase by plus two degrees.
3. If the heating was turned off due to an emergency, then the period of lack of heat in the apartment cannot exceed a total of 24 hours in 30 days. Along with this, the law establishes that a one-time shutdown cannot be more than 16 hours.
4. There is a norm for the temperature regime, which indicates that the total increase is allowed by four degrees, and the decrease at night is not more than 3°C.

Recalculation of heating fees can be required if a citizen has noticed that the resource does not meet established standards. For this, a complaint is made to the Criminal Code serving the MKD

In addition to the application, it will be necessary to form an act in which the violation is recorded and the following characteristics are indicated:

• time;
• date;
• temperature indicators.

The owner may seek an adjustment of the payment for the service only if there are established deviations from the norm for the period of provision of the service. That is, the property owner needs to draw up such a document every month.

In 2013, at the legislative level, the process of fixing the lack of heating or non-compliance with the requirements was simplified. So, if a citizen sends an application to the organization, then representatives of the company are required to visit the address within 120 minutes to draw up an act.

In the absence of feedback, the owner has the right to form his own document. In order for the actions of the tenant to be justified, he must involve two witnesses and an official - neighbors and the house manager. The period fixed on paper is the date of counting the violation, in connection with which recalculation can be required.

Watch the video: "Features of the recalculation for heat supply and hot water supply."

Recalculation of hot water according to Decree 354 in case of temperature discrepancy

Poor quality services. Independent measurements of quality are not recognized by managers, therefore they should be carried out by specialists. When measuring, the water pressure, chemical composition, transparency, temperature of hot water supply are evaluated. If in doubt about the quality of water, you can contact Rospotrebnadzor.

Before determining the temperature of the hot water at the draw-off point, it is necessary to drain the hot water for no more than 3 minutes. Here are the main indicators of the quality of hot water, which are presented by the legislator for this utility service.

The recalculation for water according to the meter is done by the service provider in accordance with clause 61 of the Rules, approved. Decree 354.

If it is found that the procedure for connecting the consumer's in-house equipment to in-house engineering systems has been violated.

Clause 5 of Appendix No. 1 to Rules No. 354 contains the following provisions: the power supply organization is obliged to provide the consumer with hot water, the temperature of which corresponds to the established SanPiN 2.1.4.246-09, deviations are allowed by no more than 5 ° C at night, no more than 3 °C in the daytime.

Each communal and housing service must be provided with high quality and in accordance with the standards established by the legislation of the Russian Federation.

Before you make an official request for measurement, you need to carry out this procedure yourself. Having opened the tap with hot water, let it drain for about 3 minutes, then fill the container with liquid and take a measurement with a household thermometer, waiting a few minutes until the thermometer stops.

Each communal and housing service must be provided with high quality and in accordance with the standards established by the legislation of the Russian Federation.

The government adopted a new resolution No. 354 of 05/06/2011, according to which it is possible to receive a recalculation for utilities under certain conditions.

If interruptions exceed the standards, then for each extra hour the water bill is reduced by 0.15%. For example, if there is no hot water for a day, then the payment for water will be reduced by 3% (the allowable downtime is exceeded by 20 hours).

An application for recalculation does not have a strictly established form and is written in a free form according to the general rules for processing this business document.

The supply of cold water, hot water, heat energy, electricity and gas to non-residential premises in an apartment building, as well as wastewater disposal, are carried out on the basis of resource supply agreements concluded in writing directly with the resource supply organization.

Obtaining services is one of the topics that requires knowledge at the level of regulations and legal precedents. The work of communal services is far from lack of criticism from the residents. And when receiving low-quality services, you need to understand that utilities must pay for these inconveniences.

Innovations in 2019

Decree No. 354 has undergone many changes, the past and current years are no exception. In accordance with GD No. 331 dated March 27, 2018:

• housing and communal services enterprises must notify citizens using the GIS housing and communal services system;
• it is possible to check the state of housing and communal services systems at a time inconsistent with consumers in case of force majeure circumstances (accidents);
• the work of emergency dispatch services has been streamlined, for example, the response to a consumer call should occur within five minutes;
• there was a streamlining of the work of management companies, for example, the management companies must now have representative offices in those residential areas of the city where the houses under their jurisdiction are located.

GD No. 1094 dated September 15, 2018 introduced the following changes:

If you want to know how to solve your particular problem, please contact via the online consultant form or call:

• Moscow: +7 (499) 110-86-72.
• St. Petersburg: +7 (812) 245-61-57.
• Regions: 8 (800) 600-36-07.

• established new differentiated standards for waste;
• the procedure for concluding contracts for services for the removal of municipal solid waste (MSW) has changed;
• the term “MSW collection” has been removed: now operators are responsible for the accumulation and transportation of waste;
• garbage collection sites that are not part of the common property of the houses are now the property of municipalities.

According to PP No. 1572 dated 12/15/2018:

• MSW operators must organize the process of accumulation of hazardous waste (lamps, batteries, etc.), and transfer them to organizations licensed to process them;
• MSW operators annually no later than December 25 must submit data to the local administration on the number of sites, garbage cans and their volume for the next year.

The most significant for the consumer was PP No. 1708 dated December 28, 2018, according to which:

• now the consumer may not pay for heating inside his apartment if he does not use centralized heating devices (batteries), however, he must pay for the heating of common areas (entrance, etc.);
• the use of individual heating systems now needs to obtain technical documents, as well as approvals from local governments;
• property owners with installed heating meters will now pay for the service based on the indicators of the device, and not according to standard standards.

Dear readers, the information in the article could be outdated. If you want to know how to solve your particular problem, please call:

• Moscow: +7 (499) 110-86-72.
• St. Petersburg: +7 (812) 245-61-57.
• Regions: 8 (800) 600-36-07.

Judicial practice of imposing restrictions

The reduction or termination of the supply of certain services is carried out directly in the defaulter's apartment, which is associated with the technical features of utilities. In this case, debtors sometimes do not allow installation crews to limit housekeeping services. Then the housing maintenance company is forced to apply to higher authorities.

The Moscow City Court considered the lawsuit from the office about the inability to enter the apartment to suspend hot water supply due to the existing debt.The owner of the dwelling was handed several times a notice about the need to pay the debt, but he constantly ignored the warnings of the operators. The judge acknowledged that the procedure was legally followed and ruled in favor of the management company to forcibly suspend the provision of the service.

However, in another situation, the court sided with the owner of the premises, motivating the management of its decision by the fact that minors live in it. By dismantling the DHW system and sewerage, the operating organization will violate the rights of the child, since the apartment will lose the property of a full-fledged housing.

Watch the video: “Mega bomb. Now you can not pay 100%.»

The existence of a utility debt for more than three months may result in the reduction or suspension of household amenities until the debt is liquidated. Legislation allows you to turn off almost all services, except for cold water and heating.

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Legal regulation and grounds for recalculation of hot water and cold water

In order to reasonably file an application, you need to know the relevant legal regulations. Issues of payment for utilities are regulated by several acts. The most detailed procedure is specified in Resolution 354.

Government Decree No. 354

Rules for the provision of public services (PP No. 354) dated May 6, 2011.

It contains the following provisions:

• terms of use;
• the rights and obligations of the owner, as well as the organization providing services;
• payment order;
• cases of recognition of housing and communal services as poor quality, including facts of violation of their provision;
• features associated with the use of a central cold water and hot water system, or a separate column;
• the responsibility of the parties.

You do not need to fully delve into the text of the document to solve the problem.

Pay attention to specific articles.

Recalculation for hot water according to Resolution 354 is possible if:

• there were errors when entering data into the accounting system - in case of discrepancy with the actual testimony;
• water does not meet sanitary and hygienic standards after cleaning (approved by SanPin 2.1.4.1074.1);
• the pressure in the water supply pipes is lower than required;
• emergency deadlines were violated.

All grounds are indicated starting in section VIII of the judgment. Paragraphs 86 to 98 describe the recalculation procedure.

Other legislative acts

It is not necessary to refer to these sections, but their knowledge can help in cases of protracted disputes with the management company.

Watch the video: “Do-it-yourself recalculation of housing and communal services. Part 1."

What is recalculation

Recalculation is a re-conversion of utility bills, but with changes in the original data. Such an operation is carried out if, during the accrual, there were overlays or errors on the part of the employee or the owner of the living space.

Recalculation can be carried out if inaccuracies have been identified and corrected. Then the housing and communal services or the supplier company gives the go-ahead to the accounting department to transfer the correct amount, and also independently compensate for the costs, if necessary.

Principles of recalculation of payment for housing and communal services 1

Principles for recalculating utility bills 2

Recalculation terms

The official adjustment of the amounts for housing and communal services is carried out according to several items:

1. garbage disposal from the territory for which residents pay money;
2. water supply and sewerage services;
3. gas supply;
4. DHW.

The Criminal Code has no official grounds for refusing claims if the landlord has reasons for holding it. But this is possible only if there are supporting documents (original or copy) and applications that are drawn up according to the rules.

If the tenant leaves the apartment for a long time, then the recalculation is carried out according to established standards, which cannot be violated. The period of officially confirmed absence from a residential facility cannot be more than six months.

The Criminal Code makes a recalculation during all this time, but the tenant does not appear, then another application should be made to extend the period.

Usually, the procedure is necessary when the owners pay not the actual costs for resources, but use the norms. If the owner of the living space installs a special meter in the house, then he will no longer pay according to the regional standard, but how much water or gas is consumed per month. But even in this case, there are overlays, since equipment failures periodically occur. After the period specified in the technical documentation, it is necessary to check the devices.

Vacation is one of the most common reasons for recalculation. The owners of apartments act according to the standard scheme: the owner of the living space does not send information about the meter readings on time due to forgetfulness, and goes on vacation. Information from the measuring device does not enter the department of the Criminal Code. Therefore, the next month will have to do a recalculation.

What does the column "recalculation" in the receipt mean?

Where is the recalculation in the receipt indicated. Must read!!

An official receipt may include a column where the adjusted figures for payment are indicated. This means that when the funds were credited, an overlay occurred and the data was incorrectly registered.

To understand the meaning of the recalculation in the utility bill, you need to study its functions:

1. If the owners of the living space did not take care of installing a special meter, then the payer requires a conversion in case of a long non-residence. But at the same time, it is necessary to confirm the fact of departure and prove that there are good reasons for the absence of the device.
2. After the heating season, the employees of the organization check the general building indications of resource consumption. If an overpayment or arrears is found during the bypass, then the tenants will be informed about this through receipts in the appropriate column. Depending on the situation, the citizen will need to make an additional payment or write an application for compensation.
3. The “recalculation” column in the utility bill may also appear if an employee of the organization mistakenly provided incorrect information for a particular room.

Where to complain in case of refusal to recalculate water

After submitting an application without evidence, the management company may refuse to recalculate.

Other legal grounds:

• violation of the statute of limitations;
• ignoring the need to check the IMS for responsible persons to have access to meters.

If the application was drawn up correctly, the documents are attached, and the Criminal Code still refuses to recalculate, then you can write a claim. It is submitted to the state housing inspection.

It is necessary to describe the problem, complain about the illegal actions of the Criminal Code, list the names of employees and the dates of submission of applications. In the text, one can refer to the violation by the management company of the Housing Code - clause 2.3 of article 161 and clause 2 of article 162 in the form of non-fulfillment of obligations. A copy of the application should be attached to the complaint, ideally with a note of delivery from an employee of the management organization.

For your information: in order to improve work with consumers, most CCs record conversations. It would be useful to indicate the dates and approximate time of calls if there were attempts to solve the problem by phone.

As a result, it is allowed to initiate a procedure for analyzing the activities of the Criminal Code, which can result in large fines and referral of the problem to the court. Sometimes facts are revealed that do not allow the housing inspectorate to act within its competence. In this case, the applicant receives a refusal with an explanation and an indication of the authorities to which the claim is redirected.

Algorithm for recalculation for heating

Application rules

The current legislation does not provide for a mandatory application form.

The document is drawn up in a free style and you need to write the following information:

1. The name of the provider or utility provider.
2. Full form of the head of the structure and address.
3. Applicant's data - last name, first name, patronymic, registration / registration, phone number.
4. In the middle is the name of the paper - "Statement".
5. In the main text, you should write about the reasons for the appeal, the circumstances, indicate a link to the law and the grounds for correction.
6. An evidence base is required, i.e. an act is attached.
7. Date and sighting.

Sample application for recalculation of heating.

Complaint about unlawful accrual of recalculation for heating

Often there are situations when it is difficult to get feedback from a responsible company. Sometimes, utilities take several months to consider a complaint.

Therefore, in such a situation, as well as in the event of the following circumstances, it is necessary to complain to the housing inspectorate and other supervisory authorities:

• incorrect calculation;
• The Criminal Code began to accrue amounts in excess of the consumed norm;
• low-quality service (for example, cold batteries during the heating season);
• and other.

The claim is drawn up according to a single standard, indicating the details of both parties. In the main field of the text, the citizen sets out a request to sort out the current situation and attaches the documents.

Complaint about the unlawful accrual of recalculation for heating to the prosecutor's office.

Statement of claim for the recalculation of utility bills for heating

Upon receipt of a refusal to recalculate for heat supply, the owner has two options that can be done:

• contact the supervisory authorities - GZhI, Rospotrebnadzor, the prosecutor's office;
• write a statement of claim to the court.

In the current Russian laws, there are provisions on the basis of which the homeowner has the right to demand an adjustment for the resource used. As a rule, this is low quality, illegally charged overpayment or large amount of consumption. In any case, the application should be drawn up correctly with the application of the evidence base.

Template of a claim to the court for the recalculation of heating.

Required documents

As the last point, the following papers can be attached:

1. A certificate indicating the right to own a property, a registration certificate or an extract from the USRR. Any document of your choice that allows you to establish the footage of the apartment.
2. Information from the housing inspectorate or a court order.
3. The act of examining the rooms to establish the quality of the services provided, that is, you need to confirm that the apartment is cold.
4. Papers indicating the elimination of emergency situations in the highway of an apartment building (requested by the Criminal Code or RSO).
5. Other relevant documents.

Terms of recalculation of utilities

According to clause 104 of the Rules, an examination upon the fact of a person's application must be carried out within 2 hours (or at another time as agreed by the parties). The act of verification is drawn up on a commission basis, the consumer is given his own copy.

However, these provisions do not in any way reduce the temperature, which is an indicator of the quality of hot water.

For example, if you did not have hot water for two weeks, then the amount of payment for hot water should be reduced by the cost for these two weeks (provided that you do not have cold and hot water meters). Decree 354 regulates not only your rights, but also your obligations in relation to management companies, housing and communal services or homeowners associations.