The procedure for recalculating utilities
If, for any reason, the residents of the house were absent from the apartment for more than 5 days, they have the right to receive a recalculation of utility bills during their absence.
N 580 "On the amendment and invalidation of certain acts of the Government of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2010, N 31, art. 4273). In the first case, it is much easier to get a recalculation, since it is enough to write the necessary application in a timely manner and provide documents confirming your absence from the apartment for a certain time. In the second case, it will be necessary to record the fact of a violation of the quality of services and the timing of their provision.
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.
Violation of the norms that are fixed in the act should not go unnoticed. The amount of a refund or non-charge for hot water in case of non-compliance with the standard temperature is money that should not be overpaid.
However, according to regulation 354, the amount of charges for utilities in your absence can be recalculated.
C - closed. The temperature of the water in the hot water supply system must be maintained using an automatic regulator, the installation of which in the hot water supply system is mandatory. The water temperature at the outlet of the water heater of the hot water supply system must be selected from the condition of ensuring the normalized temperature at the water points, but not more than 75 degrees.
How to write an application for recalculation
There is no strict format for writing an application. It is enough that it contains all the necessary data. In addition, you should correctly indicate information about the applicant and the organization to which the appeal is received. It is also worth preparing the necessary documents and taking into account the time limits for submitting an application.
Limitation period for recalculation for hot water
This nuance is important for consumers of utilities when it is impossible to install metering devices. There are time limits for filing an application in case of departure. You must apply for recalculation no later than 1 month from the date of return. In case of delay, the adjustment of accruals will be denied.
It is best to write a statement before departure, attaching documents confirming the period of absence. The time for consideration of the appeal is 5 working days.
Application for recalculation of water by meters
The application is submitted in writing.
It must contain:
- The name of the Criminal Code and the responsible person.
- FULL NAME. and contacts of the applicant.
- Request for recalculation.
- Indication of justifications with references to laws.
- Information about the calculation of the fee, the amount of which is disputed.
- Signature and date.
The easiest way is to draw up an application for the recalculation of water according to the meters according to the sample.
Required supporting documents
Before applying to the Criminal Code, you need to collect documents for attachment to the application.
These include:
- certificate of verification of the meter with the act of reconciliation of testimony;
- results of measurements of hot water temperature;
- documents on turning off water supply;
- expert opinion on the quality of hot water samples.
The more papers you can provide, the higher the chance of a decision in favor of the consumer. The presence of all relevant acts on the problem is an indicator of the correctness and validity of the appeal.
Rules for recalculation for hot and cold water by meters and without in 2019 Decree 354, formulas, sample applications in case of disconnection or inadequate quality of services
The accounting system for consumed utilities is being improved every year. Electronic resources have appeared for remote readings and even devices that independently send data from the meter.However, it is not always possible to completely eliminate errors, and the cost of utilities, in particular for water supply, is often overstated. In such cases, water recalculation helps to avoid further overpayment.
In case of conflicts with the Criminal Code, as well as in situations where it is not clear what to do, it is worth contacting lawyers. They will prompt the procedure for applying to the Criminal Code, the housing inspectorate, the court or an independent examination for reconciliation.
Hot Water Recalculation In 2019 According To Decree 354
Hello, in this article we will try to answer the question "Hot Water Recalculation in 2019 According to Decree 354". You can also consult with lawyers online for free directly on the site.
Often, residents of houses and apartment owners pay utility bills without looking into them and not being interested in what they actually pay money for. But in recent years, people have become increasingly interested in utility rates and their own rights. In particular, many have learned that it is possible to recalculate utilities according to Resolution 354.
Decrees of the Government of the Russian Federation regulate certain issues of providing certain services to citizens. Section eight governs the procedure for recalculating water meter readings.
The last change introduced, which is reflected in Government Decree No. 354, is dedicated to such a housing and communal service as the provision of gas.
Judicial practice on adjusting the amount of payment for heating
Officials comment on the recalculation of heat supply:
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If the court, checking the company, reveals a discrepancy between the acts from the resource supplying enterprise and the payment receipt from the consumer, then it obliges the management company to recalculate. When a common device is installed in the MKD, the payment for heat supply is formed according to the average consumption for the previous reporting period. In the absence of GTC, the calculation is made according to the norm. At the same time, the RSO issues an invoice to the management company, based on the information of the general house meter.
Watch the video: “How the Criminal Code hangs non-existent heat supply debts on the consumer.”
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What is included in the ODN according to Decree 354 of the Government of the Russian Federation
In accordance with the tariffs determined in the Russian Federation, the contractor forms the cost of housing and communal services. The quality of services provided by contractors must necessarily comply with the standards established by domestic legislation. If the consumer does not receive what he pays for, he has the right to demand compensation.
Thus, the Rules operating on the basis of Decree of the Government of the Russian Federation 354 of 05/06/2011, as amended for 2019, specify and expand the concepts that are given in the Housing Code of the Russian Federation only in a general form. In particular, only such concepts as “residential premises” and “managing organization” are deciphered in the Housing Code of the Russian Federation.
The recalculation is done by submitting an application, which indicates where the citizen submitted it, possible reasons for filing, how much they paid before the recalculation, when the testimony was taken for the last time and other conditions.
The contractor has the right to draw up an act on the establishment of the number of citizens temporarily residing in residential premises in order to calculate the cost of services. If it is found that the procedure for connecting the consumer's in-house equipment to in-house engineering systems has been violated.
In addition, one cannot exclude the possibility that consumers have suffered material damage as a result of the use of low-quality housing and communal services. It may also turn out that the rights of individuals who use certain housing and communal services, regulated in the relevant agreement, have been violated. As in previous cases, the perpetrator will be considered guilty and will be punished
If we take into account the general needs of the house, then payment must be made in accordance with the current tariff plans. All comprehensive information on this issue can be obtained from the housing and communal services
If the electricity supply is interrupted for some time, a mandatory recalculation will be carried out in accordance with the established tariffs.
How is the ODN standard for electricity calculated and what is its size in 2019
In extremely rare situations, it happens that due to the poor quality of the services provided, the client's well-being has worsened, up to and including death. In this case, the supplier is subject to criminal penalties. If the contractor has violated the rules for providing sufficient quality services, the consumer can count on exemption from the need to pay for them. If the owner of residential real estate has meters, the recalculation of communal services will be carried out automatically after providing information about the new data in full compliance with the current legislation. From April 1, 2017, wastewater is equated to communal resources, which is discharged through centralized engineering networks (Decree 354 of the Government of the Russian Federation with the latest changes in 2017).
At the same time, recalculation occurs only when the residential premises are not equipped with general or individual metering devices (meters). The fee for common house needs, however, is not recalculated. They are calculated according to the tariffs and standards provided for in the relevant region. At the end of the heating season, the housing sector recalculates and either returns the money paid or corrects it in the opposite direction. Payment in excess of the norm is a common option when the owner does not send meter readings to government agencies for various reasons, so he is required to recalculate the next month.
If a consumer living in a dwelling that is not equipped with an individual or common (apartment) metering device due to the lack of technical feasibility of its installation is temporarily absent and does not live in the dwelling.
Another situation where you can recalculate utility bills is the poor quality of the provision of the relevant services, or the delay in their provision (for example, the heating should have been turned on on October 1, but it was turned on only on October 3). In order to achieve recalculation, it is necessary to fix the fact of violation and improper provision of public services.
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