Installation of individual heating in the apartment according to the law

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ARBITRATION COURT OF THE NORTH CAUCASUS DISTRICT

RESOLUTION dated October 26, 2015 in case N A15-36 / 2015 The transition to autonomous heating of a dwelling in an apartment building requires the reorganization of the dwelling, and therefore it must be carried out in accordance with the norms of Chapter 4 of the Housing Code of the Russian Federation (hereinafter - housing code). At the same time, the resolution of the issue of switching to heating residential premises in apartment buildings using individual apartment sources of thermal energy is entrusted by federal legislation to local governments. The possibility of switching to heating using individual apartment sources of thermal energy is provided for by the Federal Law of July 27, 2010 N 190-FZ "On Heat Supply" (hereinafter - Law N 190-FZ). In accordance with article 26 of the Housing Code, the reorganization of a dwelling is carried out in compliance with the requirements of the law in agreement with the local government on the basis of a decision made by it (part 1). According to paragraph 15 of Article 14 of Law N 190-FZ, it is prohibited to switch to heating residential premises in apartment buildings using individual apartment sources of thermal energy, the list of which is determined by the rules for connection (technological connection) to heat supply systems approved by the Government of the Russian Federation, if there is a proper the procedure for connection (technological connection) to the heat supply systems of apartment buildings, with the exception of cases determined by the heat supply scheme. This norm is of a referential nature and establishes a ban on the use of individual apartment sources of thermal energy only if such sources of thermal energy are included in the list determined by paragraph 44 of the Rules for connecting to heat supply systems approved by Decree of the Government of the Russian Federation dated April 16, 2012 N 307 ( hereinafter - Rules N 307). The cases defined by the heat supply scheme are exceptional and are taken into account when the general rule provided for in paragraph 15 of Article 14 of Law N 190-FZ is not subject to application to the situation under consideration. In accordance with paragraph 44 of Regulation N 307, the list of individual apartment sources of thermal energy that are prohibited from being used for heating residential premises in apartment buildings if there is a duly connected connection to heat supply systems, with the exception of cases specified by the heat supply scheme, includes sources of thermal energy, operating on natural gas, which do not meet the following requirements: the presence of a closed (hermetic) combustion chamber; the presence of safety automation that ensures the fuel supply is cut off when the supply of electrical energy is interrupted, in the event of a malfunction of the protection circuits, when the burner flame goes out, when the coolant pressure drops below the maximum allowable value, when the maximum allowable temperature of the coolant is reached, as well as in case of violation of smoke removal; coolant temperature - up to 95 degrees Celsius; coolant pressure - up to 1 MPa. Having established that the heater in apartment N 65, building N 28 on Khalilova Street in the city of Kaspiysk does not fall under the list of prohibited for use for heating residential premises in apartment buildings if there is a proper connection to heat supply systems, the compliance of its installation in the apartment with the design documentation, technical specifications, building codes and regulations, fire safety standards, the absence of violations of the rights and legitimate interests of citizens, as well as threats to their life and health, the administration issued a resolution dated 10/30/2014 N 1028.

Clarification of the client

Hello, Thanks for the quick response.

To clarify, if I understood correctly from the answer, then in a similar situation they were not forced to redo it, provided that all work was carried out in accordance with the issued project documentation and checked by employees of the gas supervisory service.

But the probability of a negative answer still remains?

Individual apartment heating: how not to violate the Law when transferring an apartment to individual heating.

What difficulties will you face

Despite a lot of obvious advantages, autonomous heating has significant drawbacks. The shortcomings do not concern the system itself, but the process of its “legalization” and arrangement. If you live in an apartment building connected to centralized heating and hot water, then the decision to install an individual system will cost you quite a lot in all respects. It will take not only colossal financial waste, but also a lot of time, enough perseverance and mental strength.

The most difficult and problematic moment in the implementation of an individual scheme is by no means the technical side of the issue, but the paper one. When processing documents, you will have to face total bureaucracy, collect a lot of permits.

Saying goodbye to such a "luxury" as central heating in practice is very difficult. “Good” for disconnection from central heating and installation of an individual system must be issued by local governments. They should, but usually don't want to. Why? Due to a possible decrease in temperature in neighboring apartments, a violation of the hydraulic regime, problems with the heat balance of the house. Therefore, on the one hand, “refusals”, as it were, are legal.

The operational indicators of centralized heating that do not meet the standards and expectations, the extremely high level of accidents in heating networks against the background of the unjustified high cost of the service - all this encourages residents of apartment buildings to think about the need to switch to individual heating systems

On the other hand, according to the Civil Code of the Russian Federation, the consumer has every right to “break off” relations with the heat supply organization if he does not have any debts to it.

So with due perseverance, it is usually possible to resolve the issue positively.

New procedure for calculating heating

Decree of the Government of the Russian Federation of December 28, 2018 No. 1708 changed the formulas for calculating the cost of heating, the calculation results using the new formulas differ from those previously used for the following cases: for this case, was identical to the calculation for the case of the presence of an SP and the absence of an SP); - in the MKD there are premises in which "there is no provision for the presence of heating devices or in which, in accordance with the heat supply scheme approved in accordance with the Federal Law "On Heat Supply", the use of individual apartment sources of heat energy is carried out."

In particular, in the new formulas, in contrast to the previously existing ones, the quantities S_oi (total area of ​​the premises that are part of the common property in an apartment building) and S_indus (the total area of ​​residential and non-residential premises in which the technical documentation for an apartment building does not provide for the presence of heating devices or in which, in accordance with the heat supply scheme approved in accordance with the Federal Law "On Heat Supply", the use of individual apartment sources of heat energy is carried out).

RF GD No. 1708 dated December 28, 2018 entered into force on January 1, 2019.

AKATO invites everyone who wants to understand the above formulas to take part in the webinar "The new procedure for calculating heating from 01/01/2019", which will be held on February 21, 2019 from 10.00 to 13.00 (Moscow time).

During the webinar, the expert will comment on the Decrees of the Constitutional Court that caused the change in the calculation formulas, consider the signs of premises in which “there is no provision for heating devices or in which, in accordance with the heat supply scheme approved in accordance with the Federal Law “On Heat Supply”, the use of individual apartment sources of thermal energy”, and will analyze in detail the new formulas for calculating heating, including explaining the meaning of the values ​​​​used in the formulas, the influence from the numerical value on the result of the calculation, comparing the new formulas with the previously existing ones, and giving examples of calculating the cost of heating.

Individual heating in an apartment from 2019: new changes in payment for heating.

At the end of 2018, the Constitutional Court made an important decision regarding those who disconnected from the central heating system and switched to individual heating of their apartment

The main advantages of such a system

If the energy supply is uninterrupted, then no external factors can prevent you from warming up. What can not be said about central heating. Its normal operation is highly dependent not only on energy sources, but also on the nature and quality of the installation of pipes through which heat is supplied to the house, the nuances of the functioning of the boiler room and many other points. That is, from anything, but not from a person - a direct consumer.

Thanks to individual heating in an apartment building, you can always get as much heat as you need at a given particular moment in time. Would you like +18°C? You are welcome! Comfortable at +27°C? Fine! To heat an apartment during a damp and rainy summer? No problem!

A thermostat helps to maintain a certain temperature in the apartment with an accuracy of one degree. This device contributes to maximum energy savings and provides effective control of the microclimate in the house.

There is no need to turn on an electric convector or an oil cooler if there is not enough heat or keep the windows open all day long due to too hot batteries. The house will always have a comfortable temperature that you set yourself.

Energy carriers in the autonomous heating system are used as rationally as possible. If the housing is well insulated, heating costs are guaranteed to decrease significantly.

Such systems are usually implemented on the basis of double-circuit boilers, which are also "responsible" for hot water supply. Consequently, thanks to individual heating in apartment buildings, another problem is solved - dependence on "scheduled" and an infinite number of "emergency" hot water shutdowns. Double comfort, right?

Autonomous systems are also good for construction organizations, as they greatly simplify, reduce and reduce the cost of the construction process - they can be installed and launched much faster; in addition, there is no need for heating networks.

Installation of a wall-mounted gas boiler

Individual apartment heating in most cases involves the installation of a wall-mounted gas boiler.

Scheme of installation of a gas boiler. Click to enlarge.

This type of equipment has gained well-deserved popularity due to its compactness, light weight, reliability, efficiency and ease of operation.

The installation site of a wall-mounted boiler can be a load-bearing or sufficiently reinforced wall of the apartment.

Before starting the installation work, you should calculate the most convenient height for you to place the boiler above the floor level. At this level, it is necessary to fix special mounting strips.

As a rule, this is done at a level of 1.0 - 1.6 meters from the floor level.When installing boilers on your own, you must strictly adhere to the wiring diagrams and manufacturer's instructions contained in the product passport or in the instructions.

The implementation of a set of works and measures for connecting the boiler to the gas pipeline should be entrusted to specialists of competent organizations.

Differences in the connection of gas boilers. Click to enlarge.

Independently, you can only make a direct connection of the boiler to the gas pipeline using a special rubber hose. The tightness of the resulting connection is checked with a soap solution, which must be applied to the threaded connections.

Connecting the boiler to the water supply system should not cause difficulties for the vast majority of apartment owners who prefer to do something with their own hands.

Depending on the type of pipelines used, various connection options can be used: threaded, socket or flange connection, cold welding, compression fittings, etc.

Final provisions

Individual apartment heating is an essential element of any living space. Comfortable temperature plays one of the leading roles in creating home comfort.

Self-installation of a gas boiler (especially a wall-mounted one) is not such an unrealistic event as it might seem at first glance.

However, the installation of such systems requires certain specialized knowledge and some practical experience from the performers.

Otherwise, you may face the negative consequences of improper installation: leaks, freezing of the coolant, ignition of heating equipment.

Disconnection from central heating

Is it possible to install individual heating in the apartment? As a rule, in order to transfer to individual heating in an apartment building, it is enough to submit an application for refusal of centralized heating, obtain consent for this and submit an application for the installation of individual heating in an apartment to the district branch of the power grid.

How much does individual heating cost in an apartment? Sometimes this type of heating is not always cost-effective and the cost of individual heating in an apartment can be even more expensive than conventional heating in an apartment building.

Another thing is a gas boiler, but its arrangement requires compliance with many formalities:

It is necessary to submit an appropriate application to the gas industry.
Obtain a document from the fire department confirming the health of the ventilation and chimney.

Obtain written permission from neighbors for individual heating in the apartment

This is important, because when switching to individual heating in an apartment, the refusal of central heating can lead to system failures.

You need to find out who is in charge of the pipes and batteries. If they are in the household, then special permission will be required from the neighbors. In the event that they are in the public services department, you will need to apply to them with a request to turn it off.

In the city heating network, obtain permission to draw up and approve the scheme before transferring the apartment to individual heating.

As “sad” statistics show, it takes from 3 to 6 months to complete documents for individual heating in an apartment building in an apartment.

Only after receiving all the permits and certificates in your hands, you can proceed to dismantle the old system and install an individual heating system in the apartment. As “sad” statistics show, it takes from 3 to 6 months to process documents for individual heating in an apartment building in an apartment.

Sometimes it happens that the gas industry refuses to install the boiler, since the technical characteristics of the system are not able to create the pressure necessary for it. In this case, you will have to look for alternative sources of heating.

The gas company must provide a technical passport for the boiler and a diagram indicating the place of its installation. Only after the gas boiler chosen for installation is approved and the conditions for its installation are agreed, you can switch to an individual heating system in the apartment.

The connection of individual gas heating in the apartment must be carried out by employees of the company supplying gas, and having the appropriate permissions for this.

Do you need individual heating?

Being the owners of the cherished square meters in an apartment building, residents often think about the commensurability of the services provided with the final numbers in the settlement receipts. This is especially noticeable during the heating season. When on cold days it is not uncommon to wait for the central heating to be turned on. And during this period, heat your apartment with additional electrical appliances. Or vice versa, when the heat, for which you pay for it out of your own pocket, has to be let out into the street.

The presence of negative facts leads to the fact that residents of apartment buildings are thinking about a different method of heating. Individual heating is the choice of the majority. At the same time, the transition from centralized to individual heating, despite the costly cost of the necessary equipment, quickly pays off by limiting heat loss and heat consumption.

Since the reconstruction of the apartment requires the permission of the relevant authorities, it is worth responsibly studying the technical and legal aspects of the issue even before installing the boiler. As for the technical side, the manufacturers of heating equipment have tried and presented a wide range of heating systems on the market. In the instructions for which the rules of operation and installation are already prescribed. But the legal side includes the availability of permission for installation and documents for putting the premises into operation.

Paragraph 2 of clause 40 of Rules 354 was declared invalid

Disputes between owners, who dismantled central heating pipes in apartments and installed autonomous heating systems, and heat supply contractors before the decision of the Constitutional Court of the Russian Federation were resolved in favor of service providers.

However, the Constitutional Court of the Russian Federation expressed the exact opposite opinion. The decision of the Constitutional Court of the Russian Federation entered into force from the moment of its adoption and cannot be appealed. And recognized as inconsistent with the Constitution of the Russian Federation, par. 2, paragraph 40 of the RF PP No. 354 does not need to be canceled additionally, since it automatically became invalid from that moment.

As Elena Shereshovets noted, all the previously established judicial practice is no longer valid, since the Constitutional Court of the Russian Federation, having changed the provisions of the legislation, has changed the rules of the game. Let's talk about the two main postulates of Decree No. 46-P.

Individual autonomous electric heating

If it is decided to install heating in the apartment using electricity, then more often in this case a double-circuit electric boiler is used. This type of heating is especially effective when constant gas shutdowns occur in an apartment building. To install such a system, only close proximity to an electrical power source is necessary.

Scheme of the autonomous heating system.

But the main advantage of such a system is its compact dimensions and accessibility in installation work.

It is equally important that all the activities of a double-circuit electric boiler are based on the environmentally friendly operation of the unit, it does not emit absolutely any harmful combustion products and does not use air in its work.

To install an electric heating system.no separate area is required, since such an electrical appliance is easily placed on any convenient wall. Moreover, a wall-mounted electric boiler does not require special installation of chimneys, ventilation systems and a separate installation permit, as is the case with a wall-mounted gas boiler.

Installation of a wall-mounted electrical appliance ensures silent operation without various vibrations. Practice shows that such boilers have shown great durability and durability over the entire period of constant operation. And maintenance and repair of electric boilers are much faster and easier than gas equipment. For many consumers, all of these listed factors are decisive in choosing a heating system.

Heat supply of an apartment building

There are the following methods of heat supply:

1. Installation of a heat pipeline from central heating networks.
2. Installation of an autonomous heating point.

Scheme of a two-circuit heating system.

These methods of heat supply are equally effective, but having an individual heat supply point with autonomous heating for several apartment buildings is much more convenient. Since the distance between the heat supply point and the consumer itself is significantly reduced, which means that heat losses along the heat transfer line are reduced. This heating method is called decentralized or autonomous.

Autonomous heating and its advantages:

1. With autonomous space heating, the source of heat supply is directly located at a minimum distance from the house, which reduces the time of heat supply and the percentage of heat losses, on the basis of which further reductions are obtained associated with the costs of maintaining, servicing and repairing heating systems.
2. Since the heat supply point is nearby, the utility bills are noticeably reduced.
3. Complete independence from the general city schedule. This means that it is always possible to connect the heating for each apartment if necessary.
4. Each apartment owner can set the optimum temperature in the heating system only for their own housing, while it is possible to independently regulate the level of heat supply.
5. There is a great opportunity to install a floor heating system.
6. The presence of an autonomous heat supply point affects the lower cost of an apartment in a new building.

Autonomous heating and its disadvantages:

The scheme of heating a house using a gas double-circuit boiler.

1. For the construction of an autonomous boiler house, a certain place is required, and often the yard of a multi-storey building is chosen for this.
2. For a gas autonomous boiler house, an additional exhaust system for exhaust gases is required.
3. Since autonomous heating is not yet in such demand, the production of boiler equipment has not yet been established. This means that the cost of a decentralized heating system and hot water remains high.

The best option for autonomous apartment heating is heating powered by a central gas pipeline or through a power supply network, which completely depends on the type of boiler. In apartments, it is most practical to use wall-mounted boilers for heating housing, which, in turn, are divided into gas and electric ones.

01.2019. A draft law has been submitted to the State Duma to clarify the procedure for calculating heating fees in an apartment building

The draft federal law "On Amendments to Article 157 of the Housing Code of the Russian Federation" is aimed at implementing the decision of the Constitutional Court of the Russian Federation dated July 10, 2018 No. 30-P.

In accordance with the Housing Code, the calculation of the amount of payment for heating is made on the basis of the volume, which is determined by the readings of metering devices, but at the same time, there is no separation of the values ​​\u200b\u200bof common house and individual metering devices.The lack of separation of values ​​allows in some cases not to take into account the readings of individual metering devices. In order to eliminate such legal uncertainty, the draft law proposes to clarify the procedure for calculating the payment for heating in an apartment building.

The bill proposes to calculate the amount of payment for the utility service for heating in the premises of an apartment building in the manner prescribed by the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings (approved by Government Decree No. 354 of May 6, 2011), taking into account the area of ​​​​such premises and the amount of heat energy consumed in an apartment building, determined on the basis of the indications of a common house meter.

In the case when an apartment building is equipped with a common house metering device, and the apartments of this house are equipped with individual metering devices, the amount of the fee will be calculated based on the readings of both individual (energy consumption in the apartment) and common house (energy consumption in entrances, halls, etc.) metering devices.

If there is no common house metering device in an apartment building, then the amount of the fee will be calculated according to the consumption standard for heating utilities. This standard is approved by the state authorities of the subjects of the Federation in the manner established by the Government of Russia.

The bill was considered and approved at a meeting of the Government of the Russian Federation on December 26, 2018.

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What problems are caused by unauthorized and uncontrolled transition to individual heating

Currently, a situation has arisen where local governments, while making positive decisions on the transfer of individual apartments to individual heating, actually contribute to negative changes in centralized heating systems, both in individual apartment buildings and entire microdistricts. The Federal Law “On Heat Supply” (clause 15, article 14) does not exclude the complete transfer of apartment buildings to independent heating, but introduces serious restrictions on the adoption of such decisions by individual homeowners, without taking into account the interests of other residents and without complying with the heat supply scheme approved by the municipality.

Switching to autonomous heating of a single apartment in an apartment building leads to a change in the heat balance and disruption of the engineering system of the house, to a significant increase in gas consumption, for which existing gas pipelines are often not designed.

In addition, LLC "Vladimirteplogaz" receives numerous complaints from residents who bear the burden of paying the costs of heating the common property of the house. After all, the owners of apartments who have installed autonomous heating devices spend money only for the consumed gas. An example from the village of Novlyanka in the Selivanovskiy district: in an 18-apartment building there are only 3 apartments left, the owners of which, due to the high cost, could not switch to individual heating. Since a heat meter is installed in the house, its readings are divided into these 3 apartments - the amounts in the receipts already reach 12 (!) thousand rubles.This is a real disaster, since people are hostages of the situation and cannot pay - as a result, the debts of heat workers to the gas supply organization are sharply increasing.

There is another problem: a further massive and uncontrolled transition of individual apartments to individual heating can lead to the failure of individual boiler houses that are part of the general heat supply system. A similar situation developed in Gorokhovets: after the uncontrolled approval by the local administration of the transfer of apartments to autonomous heating, the load of one of the boiler houses on Gagarin Street in the fall was only 3%. This jeopardizes the beginning of the heating season in a single microdistrict, since with such a small load, there will be problems with the start-up and safe operation of the boiler house.

To avoid more serious problems, it is necessary to stop this uncontrolled process and organize an agreed procedure for the transfer of apartment buildings to individual heating. Municipalities should develop and adopt a regulation containing a complete list of required documents and the procedure for agreeing on permits that give the right to transfer housing in apartment buildings to individual heating. After all, the authorities, and thermal companies, and the gas supply organization will only benefit from this.