Recalculation for heating; recalculation for heating according to Resolution 354

Algorithm for recalculation for heating

Recalculation for heating according to Decree 354 is carried out on the basis of the submitted application. Depending on the current tariff, contributions for the consumed resource are calculated. However, it is possible to calculate the payment if the air in the apartment reached the optimum temperature, and the batteries were quite warm. Measurement is carried out using professional tools.

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:

The name of the provider or utility provider.
Full form of the head of the structure and address.
Applicant's data - last name, first name, patronymic, registration / registration, phone number.
In the middle is the name of the paper - "Statement".
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.
An evidence base is required, i.e. an act is attached.
Date and sighting.

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.

Statement of claim for the recalculation of utility bills for heating

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.

Required documents

Recalculation of heating according to Decree 354 is carried out on the basis of an application and the attached evidence base.

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

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.
Information from the housing inspectorate or a court order.
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.
Papers indicating the elimination of emergency situations in the highway of an apartment building (requested by the Criminal Code or RSO).
Other relevant documents.

How to prove the fact of poor quality services

To prove the fact of poor quality services, you need to call the dispatch service of the management company and report the violations that were discovered. This notice will certainly be recorded, which will confirm that the user actually reported the problem after detection.

It is from this number that a recalculation will be made if a person can prove the fact that he was supplied with poor quality services. After applying and fixing, it is necessary to draw up an official statement. The citizen must remember and enter in the document the exact date and phone number by which he applied.

Then indicate the desire to recalculate.If the homeowner does not have the means to confirm the fact of the provision of low-quality services, then he can apply for an independent examination.

The results obtained are also entered into a file with documents. The composition of the papers includes counter indicators, information about the analysis.

How to make an application

If the supplier provides services of inadequate quality, it is necessary to draw up a special act and send it to the management company that is engaged in the supply.

If the service is suspended for a long period, the conversion is performed automatically. According to the rules, a citizen should not deal with these issues himself.

However, if there is no special mark in the receipt or the standard consumption of the resource is indicated, then you will have to personally come to the Criminal Code and find out about the reasons for inaction. If employees do not start compiling the recalculation, it is necessary to form an application and indicate the reasons for the appeal.

The official text of the complaint is formed according to the following scheme:

Indicate information about the management company that is engaged in real estate maintenance.
The applicant writes personal information, including a home phone number and the exact address of residence.
The next item is a description of the reason why the person made a claim. Legal references must be provided.
Further, there is a petitioning part, in which the owner requires a recalculation for a certain period.
An application describing the necessary documents confirming the fact of absence from the premises.
At the end, the date of preparation of the paper and a personal signature are put.

Sample application to the Criminal Code for the recalculation of housing and communal services

The application must be made in several copies and taken to the management company. The secretary accepts the appeal, setting the seal of the organization, the incoming number and date. Thus, the citizen receives confirmation that the Criminal Code has accepted the application and is obliged to respond to it.

The company notifies the citizen of the decision within five working days. If there is no response, the tenant can apply to the court or the consumer protection department.

Sample application to the Criminal Code on the need for recalculation

Documentation

The list of documents will depend on the official reasons for the recalculation. If the main goal is to prove the fact that poor-quality services were provided to a citizen, then an expert opinion is necessary.

When the reason is a long absence from the place of residence, confirmation of this fact will be required.

When to change water meters

The calibration interval for a meter installed in a hot water supply system is 4 years, for a meter installed on a cold water pipe - 6 years.

There is no need to think that the period set for verification means the replacement of equipment for recording consumption. The water meter needs to be changed only if it does not work or shows incorrect water consumption figures.

The service life of a water meter is on average 12 years, which means that one device can last 6 years before failure, and the other 18 years.

It should be remembered that it is better to take care of the issue of calibrating the water consumption meter in advance, 1-1.5 months before the end of the calibration interval.

The service provider maintains records for each apartment, each house or other object. If the user himself forgot that the period between verifications is already coming to an end, he will be reminded - they will send a notification.

Heating adjustment claim

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

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

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

In case of violation of these conditions, the contractor must release the consumer from payment or provide him with compensation.
In the absence of these factors, heating is paid in full. The return of money for utilities of low quality is provided for by law, therefore, heat suppliers do not have the right to refuse an application for recalculation. But with a consistently low temperature in the house, its owner himself must force the management company to reduce the payment, check and adjust the heating, utility workers will not check the temperature in the apartments without a statement from the tenants. How to do to get your money back, you can find out from lawyers or on the relevant legal sites. At the same time, it is worth using the decree of the government of the Russian Federation under the number 354 and the norms of the temperature regime to calculate the standard. The heating system should provide the apartment with an air temperature of at least 18 degrees, more accurate indicators depend on the type of room.

The norms for the consumption of thermal energy in an apartment building can be found in Decree 354.
Based on the information provided by the Respondent about the volumes and amounts presented by the supplier of heat energy and accrued to the citizens of the MKD, and the amount of payment for heat energy, determined based on the readings of the collective (general house) meters installed in the MKD, was year year Billing month Consumed Gcal. for heating according to UKUT, card readings (gKall) Tariff (rub.) Cost of heating according to UKUT (rub) 1 2 3=1x2 January gkal_1 tarif summa_1 February gkal_2 summa_2 March gkal_3 summa_3 April gkal_4 summa_4 May gkal_5 summa_5 September gkal_6 summa_6 October gkal_7 summa_7 november gkal_8 summa_8 december gkal_9 summa_9 Total: summa_itog B) — total area of the i-th premise (apartment, non-residential premise) in an apartment building (sq. m); The area of the Plaintiff's apartment is area1 sq.m. B) - the total area of \u200b\u200ball rooms in an apartment building (sq. M).

Rules and procedure for recalculation for utilities under Decree 354

The introduction of Government Decree 354 allows citizens to recalculate rent payments under certain conditions.

Based on this document, consumers of housing and communal services can check the correctness of the accrual of payments, as well as demand that they be reduced under certain conditions.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve your particular problem, please use the online consultant form on the right or call the free consultation numbers:

Recalculation in favor of the supplier

Failure to fulfill the agreed obligations by the consumer gives the supplier the right to make an independent recalculation in the direction of increasing the amount of payment. It is the fact of violation of heat consumption (ignoring the timing of verification, damage to the seals of the meter, unauthorized violation of the integrity of the pipeline) that determines the recalculation formula.

What should be the temperature in the apartment during the heating season

Damage to the seal on the meter leads to the recalculation of payment according to consumption standards, taking into account the number of people living in the designated living space. Unauthorized tie-in or other independent intervention that violates the integrity of the operation of the instrument's accounting is also carried out on the basis of general standards. In addition, such actions on the part of the consumer may have more serious consequences. For example, the application of administrative sanctions.

When the counter procedure is carried out

In an apartment and a private house, special devices should be installed that read and record the consumption of resources.

Recalculation can be carried out in the following situations:

If the data from the counter does not match the indicators after verification by representatives of the Criminal Code. As a result, the payment will be reduced or increased depending on the specific indications.
When during the installation of devices errors were recorded on the part of the installer.
The operation will be officially carried out if the organization can check the capacity of the pipes. When it is not possible to determine when the incorrect readings started, then the fee will be charged for the previous 3 months.
When the inspection organization notices that the owner of the living space somehow interfered with the operation of the device, for example, tore off the left seal. In this case, the recalculation will be made from the time when the specialists installed the equipment on the pipe and sealed it. The reason is that the employees of the organization cannot accurately determine the date when the violation of operation occurred. But the accrual period should not be more than 90 days from the date of fixing the intervention.

The process can be initiated both by the owner of the living space himself, and by suppliers from the Criminal Code, who have the authority to carry out inspections of the measuring device.

Without counter

If a special meter is not installed in a private house or apartment, then recalculating is a difficult task. It happens that a person is admitted to the hospital, and he is charged a contribution at face value. If the measuring device were in the apartment, then there would be no problems - the citizen does not actually consume services, which the sensor will show.

When the measuring device is not at home, there must be good reasons - it is technically impossible to mount it in a particular room. If this is true, then recalculation is allowed according to the same scheme as with the device.

How to recalculate for heating

As noted earlier, there may be several reasons for changing fees. If we talk about the first case, then the following should be noted here:

When it comes to the failure of the heat meter, the contractor or the resource supplying organization must act in accordance with the requirements of Section 6 of the Rules (in particular, paragraph 59 (1)). If this does not happen, the person concerned has the right to apply to the housing inspectorate or the prosecutor's office with a relevant application.
In the event that there is an inaccuracy in information about the size of the heated area, the consumer must submit documents to establish these data.

The second, most interesting reason for the recalculation is the provision of intermittent heating or inadequate quality (applies to those consumers where there are no common house meters in the MKD). Here the algorithm of actions of the consumer is the following:

leaving an application to the utility service provider to establish the fact of improper provision of heating services;
drawing up together with him the relevant act;
filing an application and providing the necessary paperwork.

How to write an application?

The current legislation of the Russian Federation does not contain any sample appeals. From a practical point of view, the execution of the application is carried out according to the following rules. Specify:

The name of the utility service provider (resource supplying organization) and the full name of the head, as well as the address of the location.
Information about the contacting person (name, address, contact phone number).
The name of the document is "Application".
Main part. Here you need to state the actual circumstances of the case, give a link to legislative acts, indicate the reason for the recalculation.

Supporting papers are attached to the application. At the end of the document, a personal signature and the date of its compilation should be affixed.

Required documents

For recalculation for heating, the following documents may become the basis documents (in addition to the application itself):

A certificate of ownership, an extract from the USRR or a technical passport of the premises, allowing you to determine the heated area of \u200b\u200bthe housing.
Order of the Inspectorate of Housing Supervision or a court decision that has entered into legal force.
An act of inspection of a dwelling for the compliance of the quality of the provision of public services with the requirements of the current legislation of the Russian Federation.
The act of eliminating accidents on networks or in-house engineering systems.

This list is not exhaustive.

Where should you apply?

If, as a way to manage an apartment building in accordance with the requirements of Art. 161 of the Housing Code of Russia, a managing organization, an HOA or a housing cooperative is selected, the applicant needs to submit his application directly to the service organization, since it is she who is the contractor of the utility service, that is, is responsible for providing it in the required volumes and of proper quality.

In the case when the owners of the MKD decided to establish direct control of the house, then the person concerned should contact the resource supply organization.

The procedure for checking water meters

How are water meters tested? Since it is necessary to carry out verification only with the help of special equipment, not everyone knows that verification can be carried out not only in stationary conditions, but also on the spot.

How to replace a water meter?

Before the start of work care must be taken to turn off the water
, having coordinated it in the Housing Office;
Provide access to water pipes
;
Pipes must be in good condition
;
Taps (valves, ball valves) must completely shut off the water in the apartment
.

Verification can be done in several ways:

With the removal of metering devices
Without removing metering devices

If the verification will be carried out by a specialized company, then you should call the plumber serving the house to remove the meter. The dismantled device will be put into operation, drawing up an act of withdrawal, indicating the brand and serial numbers. You need to have a document for a water meter with you - a passport and your passport of a citizen of the Russian Federation.

For the verification procedure, they use special calibration settings that allow you to accurately verify the correctness of the readings.

After receiving back his accounting equipment after some time, from several hours to several days, the consumer will receive the following documents:

Agreement on the installation of water meters;
Certificate of completion;
The act of commissioning a water meter;
Passport for a cold water meter
Passport to the hot water meter
Certificate for counters
Maintenance contract.

A water meter recognized as unsuitable will have to be changed, a serviceable one must be installed in its original place and used until the turn of the next check comes.

There are methods in which the removal of meters is not required - verification will be done right on the spot.

It is necessary to make sure that the company is accredited, and its employees have attestation.

How is a water meter checked? We invite you to watch the video.

Of course, this verification method is extremely convenient. Representatives of the company will contact the supplier themselves and remove the issue of verification. The consumer of the service will receive a paper on the date and results of the procedure
.

This method also has disadvantages. In order to make an accurate calibration, about 250 liters must pass through the device connected to the tap. water, for which the owner of the apartment will have to pay.

If an error is found on the water meter, you will not have the opportunity to repair or correct the device on the spot. The device will still have to be removed.

Verification of IPU paid service or not

Citizens are obliged to carry out verification of IPU (individual metering devices) at their own expense within the time specified by the manufacturer and indicated in the passport of the metering device.

You have to pay for trust. In different regions, the cost is different, but the average figures range from 370 rubles. up to 1000 rubles

At the same time, it would be useful to note that the price of work when using a portable standard, that is, on the spot, without dismantling the water meter, and in the case of removal, are almost equal.

Tracking the verification period and organizing its implementation is not so difficult. A self-respecting homeowner will always be interested in ensuring that the equipment in his living space works correctly and is in good working order.
. You can choose any of the methods for checking water meters.

One of the popular situations when it is not clear on whose side the law is, is the need to change the electric meter and, accordingly, pay for the work of an electrician and the purchase of a new meter. After raising this issue in the management company, a discussion very often begins and, unfortunately, the consumer is not always right in it, i.e. You. You don’t know at whose expense the electric meter is being replaced in a private house, municipal or privatized in an apartment? Next, we will tell you who should pay for all the waste in 2017.

Is it possible to recalculate utility bills

Decree 354 was originally adopted by the Government of the Russian Federation in 2011.

As with other laws, current amendments and changes are made to it.

The new edition of PP 354 came into force at the end of 2015. This legislative act regulates the procedure for generating bills for housing and communal services, establishes consumption standards.

Recalculation can be made by the service provider. Moreover, during the procedure, the amount in the receipt can both decrease and increase. The supplier has the right to increase the cost of services if:

counters were not verified on time. In this case, payment is made at tariffs that are higher than payment according to the indicators of metering devices;
independently made a tie-in into the pipeline, if the diameter of the pipe exceeds the established standards;
there are no seals on the meter, or its integrity is broken.

Downward recalculation at the initiative of the consumer is possible if there are no individual or common house meters.

Some housing and communal services are not subject to recalculation:

heating of residential premises (recalculation can be made only in case of a complete shutdown or at a temperature that does not meet the standards);
gas supply for heating purposes;
payment for common house needs;
sewerage is separate from water supply.

Recalculation of payments for heating is made exclusively through the court. It will be necessary to attach a sufficiently large number of supporting documents.

Is it legal to turn off utilities for prolonged non-payment? Find out the answer right now.

Application for recalculation of payment for heating

These works are required to be confirmed by documents confirming these works (work orders, orders, etc.) provide the above documents and information that will allow me to personally verify the correctness of the adjustments made. In case of failure to provide the required information, I will be forced to apply to the Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare in the Moscow Region, in order to bring Moscow Housing Company LLC to administrative responsibility for violations of the legislation of the Russian Federation in terms of consumer protection .

Disputes when applying for recalculation for heating

Despite a fairly large number of legal norms related to changing the amount of payment for housing and communal services, in practice, consumers often encounter various problematic moments when they believe that the utility service provider should make the appropriate recalculation for them. Let's consider the most common of them.

The question of home insulation

Housing Code of the Russian Federation, Decree of the Government of the Russian Federation No. 354 of 05/06/2011, Decree of the Government of the Russian Federation No. 491 of 08/13/2006 distinguish between intra-apartment and common house property.This means that the utility provider is only responsible for the common property of the house (risers, stairs, etc.), and everything else that is inside the apartment must be maintained at the expense of its owner.

In this regard, the solution to the issue of warming the dwelling is decided by its owner or tenant independently. In the event that the applicant complains about the cold in the apartment, but at the same time the inspection report establishes that the service is provided properly, and the applicant does not take additional measures for his comfortable stay in the premises, he will be denied a change in the amount of the fee.

The presence of air in the risers

As a rule, there is no recalculation of fees in this case, since housing and communal services workers quickly eliminate the “airiness” of the heating system. At the same time, the interested person retains the opportunity to demand recalculation if the service organization does not take the necessary measures to ensure the normal provision of residents with heating.

Flushing radiators

Silting of heating systems is not uncommon for cast iron radiators, while here it is also necessary to refer to the obligation of managing organizations to provide consumers with heating services uninterruptedly, around the clock and of proper quality throughout the entire heating season. Based on this, housing and communal services employees will flush the radiators.

The nature of heating

A residential multi-apartment building is mostly serviced centrally, however, there is almost always a certain number of apartments where an autonomous heating system is installed. The possibility of recalculating utility bills, respectively, depends on the type of heating system.

Centralized - in this case, the calculations are carried out by two different methods associated with the presence or absence of a common house meter. If there is none, then the amount is charged based on the general standards and norms and the average volume of the coolant used. At the same time, the quality of heating is not fixed at all, which causes a considerable number of complaints and discontent. The second method is more objective, as it is based on the readings of a special apparatus - a heat meter, which records the actual volume of hot coolant consumed by the inhabitants of the building. Further division of the amount between residents is made in accordance with the area of the apartment. The absence of tenants during the heating season is not a reason for non-payment, since the dwelling was heated to the same extent as the rest of the apartments, which means that the service was provided.
Autonomous - heating is carried out independently: the required temperature regime is set, the operation of the equipment is supported, the timing of the heating season is determined. The amount paid in this case is a fee for the use of energy carriers - electricity or gas, and is established after the fact, that is, depending on the readings of the corresponding meter. The absence of tenants in the apartment has an indirect meaning: if the heating system was turned off, then, accordingly, the consumption of energy or gas was zero. If it functioned in support mode, then there was consumption, which is determined by the meter and, of course, paid.

Payments based on actual meter readings are not subject to recalculation.

Recalculation of payment for heating

The insufficient quality of heat supply services is not at all a reason to lament about the injustice of the state of affairs, but a reason to contact the appropriate office with a requirement to recalculate utility bills. In the photo - an illustration of the poor quality of heating.

According to the "Rules for the provision of public services", a decrease in the temperature indicator compared to the standard one for each hour of the heating season reduces the amount by 0.15%. Since we are talking about hours, not days, a decrease in temperature by one degree entails a tangible decrease in payment.

Calculations can be made independently and make sure the eligibility of the appeal.

Calculations are made separately for night and daytime, since the temperature regime at different times of the day is assumed to be different. Daytime is from 05:00 to 24:00, night time is from 00:00 to 05:00.

Q2=Q1*Tdn*Vdn*Pr;
Q3=Q2-Q1. Where:
Q2 - estimated amount;
Q1 - payment for heating, which is indicated in the receipt;
Q3 - the difference between the accrued fee and the calculated one;
Тdn - the actual difference between the standard and real temperatures in the daytime;
Vdn - the number of hours per month when the temperature indicator deviated from the norm;
Pr - conversion factor - 0.0015.

Let's say that in the daytime the temperature in the room reached a value of 16 C. The difference will be Tdn = 18-16 = 2 degrees.

The number of hours per month, if the temperature was kept at the specified level, is equal to: Vdn=30*19=565 hours. The amount for the rendered heat supply services conditionally amounts to 1500 rubles. By substituting the data into the formula, you can find out how much the payment should be recalculated in case of insufficient heat supply.

Q2 \u003d 1500 * 2 * 565 * 0.0015 \u003d 2542, 5 rubles.

In the same way, calculations are made for night time, taking into account the fact that the standard temperature indicator at this time of day should be less. For example, the value at night is 14.5 C, then:

Q2=1500*(15-14.5)*30*5*0.0015=168.75 rub.

The total amount is equal to: 2542.5 + 168.75 = 2711.25 rubles. Accordingly, the recalculation amount will be equal to the difference Q3=2711.25-1500=1211.25 rubles.

By simple calculations, you can make sure that, according to the decree on the "Rules for the provision of public services", the consumer has the right not to pay for heating services even if the difference between the standard and actual temperatures is 1.2 degrees.

Terms of application for recalculation of payment for heat supply services are not regulated. If there is documentary evidence of temperature deviation from the norm, then the consumer has the right to demand correction of the amounts for any period.

How is the calculation of the payment for heating according to the standard

Each consumer should know how the calculation of heating fees is carried out according to the standard in order to be able to control the fairness of charges in the management company.

Regulatory framework for calculating payments for heating

The amount of the heating fee depends on various factors.

The amount of payment for heat depends on the installed common house meter, the presence of heat meters in apartments, as well as the presence of distribution sensors in residential and non-residential premises.

Calculation of the fee with an uninstalled common house meter

A common house meter saves

If the apartment building is not equipped with a common building meter, the heating charge is calculated based on three main factors:

Thus, the calculation of the heating fee in this case is carried out according to a relatively simple formula:

The amount of the fee = standard * tariff * area of the apartment, the standard and the tariff are set by the regional authorities.

Calculation of the fee with the installed common house meter

The calculation formula is as follows: Payment for heat = total volume * area of the apartment / area of the house * established tariff. Thus, the distribution of fees becomes more equitable, since each house actually pays only for itself.

Calculation of fees with installed individual meters

An individual meter allows you to pay for the actual heat consumed

All these parameters are taken into account when calculating according to the following formula: Fee = (individual heat + total heat * apartment area / total area) * tariff.

The procedure for calculating payment for heat according to the rules of 2006

According to the rules, every year a recalculation must be carried out.

If payment for heat is charged according to the old rules, and a common house meter is installed in the house, then the final figures in consumer receipts will depend on how much heat the apartment building consumed during the past year.

This value is divided by the total area of the building, taking into account both residential apartments and non-residential premises such as offices and shops. The result is the amount of heat per 1 sq. square meter, it is divided into 12 months.

According to the rules of Decree No. 307, a recalculation must be carried out in the house every year. It takes into account the amount of heat consumed in the past year, and a new payment is calculated based on it.

Knowing the laws allows you to fight for your rights and seek justice. Regular increase in tariffs creates a serious burden on the family budget, so it is necessary to achieve fair accounting for heat losses.