Article 13
1. Consumers of thermal energy, including developers planning to connect (technological connection) to the heat supply system, conclude agreements on connection (technological connection) to the heat supply system and pay a fee for connection (technological connection) to the heat supply system in the manner prescribed by Article 14 of this Federal Law, taking into account the specifics established for heat supply price zones by Article 23.10 of this Federal Law.
2. Consumers connected (technologically connected) to the heat supply system conclude heat supply agreements with heat supply organizations and purchase heat energy (capacity) and (or) heat carrier at regulated prices (tariffs) or at prices determined by agreement of the parties to the heat supply agreement, in cases provided for by this Federal Law, in the manner established by Article 15 of this Federal Law, taking into account the specifics established for heat supply price zones by Article 23.8 of this Federal Law.
2.1. Consumers to whom hot water is supplied using an open heat supply system (hot water supply) conclude heat supply and hot water supply agreements with heat supply organizations in the manner established by Article 15.1 of this Federal Law.
3. Consumers connected (technologically connected) to the heat supply system, but not consuming thermal energy (capacity), heat carrier under a heat supply agreement, conclude contracts with heat supply organizations for the provision of services to maintain reserve heat capacity and pay for these services at regulated prices (tariffs) or at prices determined by agreement of the parties to the contract, in the cases provided for by this Federal Law, in the manner established by Article 16 of this Federal Law.
4. Heat supply organizations independently produce heat energy (capacity), heat carrier or enter into contracts for the supply of heat energy (capacity) and (or) heat carrier with other heat supply organizations and pay for heat energy (capacity), heat carrier at regulated prices (tariffs) or at prices, determined by agreement of the parties to the contract, in the cases provided for by this Federal Law, in the manner established by Article 15 of this Federal Law, taking into account the specifics established for heat supply price zones by Article 23.8 of this Federal Law.
5. Heat grid organizations or heat supply organizations compensate for losses in heat networks by producing heat energy, heat carrier by sources of heat energy owned by them on the basis of ownership or other legal grounds, or enter into contracts for the supply of heat energy (capacity) and (or) heat carrier with other heat supply organizations and pay them at regulated prices (tariffs) or at prices determined by agreement of the parties to the contract, in cases provided for by this Federal Law, in the manner established by Article 15 of this Federal Law, taking into account the specifics established for heat supply price zones by Article 23.8 of this Federal Law .
6.Heat supply organizations conclude contracts with heat grid organizations for the provision of services for the transfer of thermal energy, coolant and pay for these services at regulated prices (tariffs) or at prices determined by agreement of the parties to the contract, in the cases provided for by this Federal Law, in the manner established by Article 17 of this Federal Law. of the law, taking into account the specifics established for heat supply price zones by Article 23.8 of this Federal Law.
Legislative regulation in 2019
The procedure for installing individual heating in an apartment building in the legislation of 2019 is clearly regulated.
Thus, the regulations on this issue are:
The regulations provide an explanation of the criteria for selecting a heat supplier, options for submitting documentation and concluding a contract. The main thing to rely on when planning the transition to an autonomous system is the approved energy sources that are prohibited from being used for individual heating.
SNiP on the use of an autonomous heat supply system
It is allowed to abandon the central system with the subsequent transition to autonomous generators if the equipment has a closed combustion chamber and runs on natural gas.
At the same time, there is the corresponding design documentation for engineering communications of the MKD:
- general heating of high-rise buildings;
- gas supply system, including unit and input scheme;
- smoke removal and air supply for fuel operation;
- the area of the room is more than 15 m2.
It is possible or not possible to disconnect a separate apartment from the central heating.
The procedure for dismantling old heat supply devices does not yet indicate that heating has not been consumed. Since the supply of the resource to the house was carried out and distributed among the risers. Therefore, the owners must submit an application and agree on the project. After obtaining permission, work can begin.
Note: apartment owners who have written a refusal from the central heating system will only make contributions for personal consumption of the resource.
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.
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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