MINISTRY OF HOUSING AND COMMUNAL SERVICES OF THE MOSCOW REGION

ORDER

On approval of consumption standards utility resources for content purposes common property V apartment building(consumption standards utilities for general house needs) in the Moscow region

Lost force on June 1, 2017 based on
orders of the Ministry of Housing and Communal Services of the Moscow Region
dated May 22, 2017 N 63-RV
____________________________________________________________________

In accordance with Article 157 of the Housing Code of the Russian Federation, paragraph 3 of the Rules for establishing and determining standards for the consumption of utility services, approved by Decree of the Government of the Russian Federation dated May 23, 2006 N 306 “On approval of the Rules for establishing and determining standards for the consumption of utility services”, Federal Law dated 29.06. 2015 N 176-FZ "On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation", guided by paragraph 12.22 of the Regulations on the Ministry of Housing and Communal Services of the Moscow Region, approved by Decree of the Government of the Moscow Region dated October 3, 2013 N 787/44 "On establishing the staffing level and approving the Regulations on the Ministry of Housing and Communal Services of the Moscow Region":

1. Approve:

1.1. Standards for the consumption of cold and hot water for the purpose of maintaining common property in an apartment building (standards for the consumption of utilities for cold and hot water supply for common house needs) in the Moscow region (Appendix 1).

1.2. Standards for the consumption of electricity for the purpose of maintaining common property in an apartment building (standards for the consumption of utility services for electricity supply for general house needs) in the Moscow region (Appendix 2).

2. Establish that the standards for the consumption of utility resources for the purpose of maintaining common property in an apartment building (utilities for common house needs), approved by paragraph 1 of this order, are determined by the calculation method and come into effect from November 1, 2016.

3. Establish that in accordance with paragraph 8 of the Rules for establishing and determining standards for the consumption of utility services, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306 "On approval of the Rules for establishing and determining standards for the consumption of utility services", the consumption standard for utility services for gas supply on general house needs, utility services for sewerage for general house needs are taken equal to 0.

4. Annexes 1 and 3 to the order of the Ministry of Housing and Communal Services of the Moscow Region dated 12/09/2014 N 162-RV “On approval of utility service consumption standards for cold and hot water supply, sanitation, electricity supply and heating” are declared invalid from 11/01/2016 .

5. The Organizational and Analytical Department of the Ministry of Housing and Communal Services of the Moscow Region shall publish this order in the newspaper “Weekly News. Moscow Region” and post it on the official website of the Ministry of Housing and Communal Services of the Moscow Region on the Internet information and communication network.

6. Entrust control over the implementation of this order to the Deputy Minister of Housing and Communal Services of the Moscow Region I.S. Dorkina.

Minister of Housing and Communal Services
farms of the Moscow region
E.A. Khromushin

Appendix 1. Standards for the consumption of cold and hot water for the purpose of maintaining common property in an apartment building (standards for the consumption of utilities for cold and hot water supply for common house needs) on the territory of the Moscow...

Annex 1
to the order of the Ministry
housing and communal services
Moscow region

Standards for the consumption of cold and hot water for the purpose of maintaining common property in an apartment building (standards for the consumption of utilities for cold and hot water supply for common house needs) in the Moscow region

Note: 1. When determining the amount of payment to consumers for utilities for cold and hot water supply for the purpose of maintaining common property in an apartment building (for utilities for cold and hot water supply for common house needs), the total area of ​​the premises included in the common property in an apartment building is taken into account house, defined as the total area the following premises, which are not parts of apartments apartment building and intended to serve more than one room in an apartment building (according to the information specified in the passport of the apartment building): the area of ​​inter-apartment landings, stairs, corridors, vestibules, halls, lobbies, wheelchairs, security (concierge) premises in this apartment building that do not belong to individual owners.

2. When determining the amount of payment to consumers for utilities for cold and hot water supply when maintaining common property in an apartment building (for utilities for cold and hot water supply for common house needs), the area of ​​attics, basements and other premises not specified in paragraph 1 of these notes.

3. Categories apartment buildings“Multi-level apartment buildings up to 9 floors”, “Multi-level apartment buildings from 10 to 16 floors”, “Multi-level apartment buildings over 16 floors” are assigned to multi-level apartment buildings based on their the largest number floors.

Appendix 2. Standards for the consumption of electricity for the purpose of maintaining common property in an apartment building (standards for the consumption of utility services for electricity supply for common house needs) in the Moscow region

Appendix 2
to the order of the Ministry
housing and communal services
Moscow region
dated October 20, 2016 N 200-RV

Note: 1. When determining the amount of payment to consumers for utility resources for electricity for the purpose of maintaining common property in an apartment building (for utilities for electricity supply for common house needs), the total area of ​​​​the premises included in the common property in an apartment building is taken into account, defined as the total area the following premises that are not parts of the apartments of an apartment building and are intended to serve more than one room in an apartment building (according to the information specified in the passport of the apartment building): the area of ​​inter-apartment landings, stairs, corridors, vestibules, halls, vestibules, wheelchairs, security rooms ( concierge) in this apartment building, not owned by individual owners.

2. When determining the amount of payment to consumers for utility resources for electricity for the purpose of maintaining common property in an apartment building (for utility services for electricity supply for common house needs), the area of ​​attics, basements and other premises not specified in paragraph 1 of these notes should not be taken into account.

Electronic document text

prepared by Kodeks JSC and verified against:

official site

Ministry of Housing and Communal Services
farms of the Moscow region
http://mgkh.mosreg.ru/
as of 10/20/2016
(scanner copy)

On approval of standards for the consumption of utility resources for the purpose of maintaining common property in an apartment building (standards for the consumption of utility services for common house needs) in the Moscow Region (lost force from 06/01/2017 on the basis of order of the Ministry of Housing and Communal Services of the Moscow Region dated 05/22/2017 N 63-RV)

From the beginning of 2017, Decree of the Government of the Russian Federation dated December 26, 2016 N 1498 came into force. This document deserves special attention, so we are opening a series of articles about changes in the procedure for providing CG.

Today we will talk about the resolution in general and determining utility consumption standards.

Changes in the provision of public services

The resolution makes changes to several regulatory legal acts, which we will sequentially describe in the series of articles “RF PP 1498”. The main innovation is from January 1, 2017 expenses for one-day visit are included in the fee for maintaining the common property of the apartment building and become a housing service.

Such expenses will be taken into account in consumption standards:

• hot and cold water,
• leads Wastewater,
• electricity,

necessary for maintenance of common property in the apartment building.

By January 1, 2017 regional authorities should have approved such standards. RF PP N 1498 transfers deadline as of June 1, 2017; until this date, current standards will apply. Consumers will receive updated receipts in February.

ODN as part of housing services

A new item will appear on receipts - general household needs. Single payday fee will be entered in the payment as a separate line for each type of resource.

Payment for water and electricity used in single-unit residential buildings is not new for owners and users of apartment buildings. Pay:

• included in public services
• consisted of the difference between the ODPU readings and the sum of the IPU readings with the standard volumes of those consumers who do not have information about the IPU and ODPU.

ODN was distributed in proportion to the area of ​​the apartments among the residents of the apartment complex. The ODN also included volumes of resources that the residents were silent about.

What is now included in the fee for one housing services, - technical point, and there will be no increase in payments. Residents who have not yet installed meters will have to pay ONE by multiplying factor. From January 1, 2017 it is equal to 1.5.

The upper limit of payment for one-time tax service is limited by the standard. According to the updated Decree of the Government of the Russian Federation dated May 23, 2006 N 306, when determining standards, some design and technical factors will be taken into account MKD parameters.

For water it is:

• number of floors,
• wear and tear of in-house utility networks,
• type of heating system,
• type of hot water system,
• water taps and sanitary equipment in common areas.

For electricity:

• number and types of equipment and devices,
• wear and tear of in-house utility networks.

Local authorities must approve resource consumption standards for one-way street by June 1, 2017. Let us remind you that previously the deadline was January 1, 2017. Until June 1, current regulations will apply. Gas consumption standard is taken equal to zero.

RF PP N 1498 establishes uniform units of measurement utility consumption standards, necessary for the maintenance of OP in the MKD:

• cold water - cubic meter per 1 m²,
• hot water - a cubic meter of cold water and Gcal for heating 1 cubic meter of cold water per 1 m² or a cubic meter of hot water per 1 m²,
• electricity - kW hour per 1 m²,
• discharged wastewater - m³.

Standards for the consumption of utility resources for the maintenance of objects in apartment buildings are valid for at least 3 years. During this period they are not revised.

The highest official of a constituent entity of the Russian Federation to determine the amount of compensation utility costs:

• disabled people of groups I and II,
• families with disabled children,

if installed in the house IPU and ODPU, can set standards using a coefficient of 1.1 to 1.8 to the corresponding consumption standard.

The excess standard is paid by management organizations. The Ministry of Construction of the Russian Federation believes that this should stimulate them to use energy-saving technologies and combat the theft of utility resources.

The procedure for establishing standards

Standards for consumption of utility resources for the content of OR in the MCD for each type of resource include.

The concept of “utilities” means the following:

• hot and cold water supply,
• constant supply,
• thermal energy,
• gas for domestic needs,
• wastewater disposal,
• waste disposal and others.

They are the ones who provide a person comfortable use premises for their intended purpose.

The supply of communal services is provided by special companies, which, accordingly, require appropriate payment for their services.

How is this fee determined?

To ensure fair payment, premises are installed metering devices- special equipment that allows you to determine the amount of resources for a specific area. Subsequently, the amount of actual consumption is multiplied by those established by the supplier company and the resulting amount is presented for payment.

Utility tariffs depend on many factors, including the time of year, terrain (region), fluctuations in fuel prices, national currency exchange rates, etc.

Installation required in premises of any type and purpose. This is prescribed at the legislative level, including in paragraph 12 of Article 13 of the Federal Law of November 23, 2009 No. 261-FZ.

However, there are often situations when it is impossible to install a meter due to technical reasons (engineering systems requiring reconstruction, a house in disrepair, etc.) or the owners deliberately avoid installing the equipment.

In this case, the cost of utilities is determined according to consumption standards - average resource consumption per person. Moreover, the calculation uses special formulas and many variables - technical characteristics of the house, type and degree of wear engineering systems and others.

Currently for calculations consumption standards the provisions of Decree of the Government of the Russian Federation dated May 23, 2006 No. 306, the current Rules for the provision of utility services, as well as regulations adopted at the regional level are used.

In September 2012, the Government decree on the implementation of social norm for utility consumption. However, at that time this only affected individual species services (electricity) and only certain areas. In 2019, you should find out whether there is a social norm in a particular region and when it was introduced in regional sources. For example, in the Rostov region new normal electricity consumption is valid from September 1, 2013.

As in previous years, the rate of electricity consumption directly depends depending on the number of people living in the apartment. The more residents live in a particular room, the less electricity there is for each of them.

If we take as an example an apartment from Saratov where one person lives, then the norm for him will be 203 kW. At the same time, if two people live in the same apartment, then the norm for each person will be 126 kW. The size of the norm will decrease with the increase in the number of residents in the apartment.

The rate of consumption of hot and cold water, as well as drainage, is determined in a similar way. On average, per person there are 7 cubic meters of water per month.

Depending on the type of resources used for heating, the rate of heat supply to a living space is calculated. You also need to take into account that the size of the norm will depend on the area of ​​the apartment, the type of walls, the degree of wear and tear of the residential building, as well as the average annual air temperature and other factors.

Electricity consumption standards

- one of the most expensive resources for owners (tenants) of residential premises. However, to do without it is modern world absolutely impossible.

When determining amount of electricity use in apartment buildings the following parameters are taken into account:

• Availability of elevator equipment, electrical or gas stoves, water heaters.
• Area, number of rooms in a residential building and the number of people living in it (registered).

Specific standards for electricity supply are established at the regional level taking into account the welfare of the population and individual characteristics terrain. The established consumption levels are fixed in normative act, approved by the executive body (Government) of the subject.

The standards for electricity consumption are as follows: how more people lives indoors, the less kW per month per person. For example, in the Saratov region in a city apartment of 2 rooms with electric stove and a water heater for 1 person accounts for 203 kW per month. However, if 2 residents live there, then each person already has 126 kW. And then the standard decreases in proportion to the increase in the number of tenants.

Standards for water supply and sanitation

For these types of public services, standards are calculated indicators in 1 cubic. m per person. Moreover, it can vary greatly even within one municipal district, because the calculation formula takes into account many factors:

• Floor of the house.
• Type and degree of wear and tear of the water and heat supply system.
• Level of amenities of the apartment.

Consumption standards wastewater disposal are also determined taking into account these indicators. During the calculation process, the average volume of water consumption for a bath, shower and toilet is calculated. For example, it is established that 1 person uses 7 cubic meters of water per month for bathing.

The indicators used by officials are often very approximate and inflated. All costs for water supply and sanitation remaining after deducting standards and accounting are considered common house. However, there is a practice of “debt spreading,” when the remaining water in an apartment building is distributed to all residents who do not have meters.

Heating standards

Indicators for the use of heat supply resources (thermal energy) are distributed for several groups depending on the type of supply to the house - electric, wood, coal or gas.

The standards also take into account the area, material of walls, roofs, level of wear and tear of the building, average annual temperature and other factors.

The formula by which the cost of heating is calculated is as follows:

Board = A x B x T

Moreover, in this case A - this is the living area(excluding loggia, terrace or balcony), B - heating standard, set by region, T - tariff price for thermal energy.

Payment for services in the absence of individual metering devices

Metering devices that calculate how much resources have been used in a particular residential premises help determine the cost of utilities for a particular premises. Depending on the installation location, they are divided into collective(common house) and individual(apartment). The latter make it possible to determine the volume of resources supplied to a specific residential premises and present their cost for payment.

However, it happens that for technical reasons or due to the wishes of the owners, There are no apartment meters. In such a situation, to calculate the price of utility services, use consumption standards established at the regional level- average volumes of resource use. These indicators do not always correspond to actual consumption, as they take into account “estimated consumption volumes”.

Regional standards take into account the number of people in the room, as well as the number of rooms. When calculating, an analogue method is used - a similar volume of consumption in houses of similar characteristics.

Depending on the reasons for the lack of metering devices in the apartment, payment for utilities is made as follows:

If installation of meters is impossible for technical reasons, then the owners pay only according to resource consumption standards, without any extra charges. Confirmation that metering devices cannot be installed in the apartment is an inspection report, copies of which must be sent to utility service providers.

If the appliances can be installed, but the homeowner refuses to do so, “increasing coefficients” are also added to the standards, the sizes of which are indicated in Decree of the Government of the Russian Federation of May 23, 2006 No. 306 (as amended by Decree No. 344 of April 16, 2003): from 01/01/2017 - 1.5.

It is obvious that every year there is an increase in the coefficients, which in this case play the role of sanctions against those premises owners who refuse to install metering devices and thereby make it difficult to determine the actual consumption of resources.

Water meters - are they required?

Payment for services in the absence of common house meters

- this is a measurement tool that is used to determine the amount of resources supplied to a specific apartment building.

Cost of utilities in houses without communal meters can be calculated using the following options:

1. If individual appliances are installed in apartments, then payment for the use of resources is based on their indicators. Payment for the maintenance of common property is “spread out” across all apartments in proportion to their share. Their cost is determined taking into account clause 19 of the Rules for the provision of utility services. And this paragraph, in turn, refers to formulas in which regionally approved consumption standards are used to determine prices.
2. If there are also no individual metering devices, then the cost of utility resources for residential premises is determined by the normative method, and for common property in proportion to the share of each apartment.

The absence of a common building meter is a great danger for the owners of an apartment building. The fact is that utilities are not always distributed only to consumers. IN engineering networks Often there are breaks, accidents and other situations when the resource is simply “sprayed”. Resource supply companies distribute such losses proportionally among facilities where collective metering devices are not installed.

Calculation of utility bills when consumption standards are exceeded

Standards for the use of utilities are also a kind of payment limit. If the volume of resources consumed by residents during the billing period exceeds the indicator established in the region, then the supplier company must pay for the amount of resources exceeding the standard at your own expense. The legislator still protects owners of premises that do not have meters from unnecessary economic pressure from utility suppliers.

In this article we will talk about what utility consumption standards are, how they are determined, how often they are revised, and also provide other useful information.

Issues discussed in the article:

• How utility consumption standards are calculated.
• What formulas are used to calculate utility service standards?
• Who sets standards for the consumption of utilities.
• Why do utility consumption standards differ?

How are utility consumption standards determined?

Not every house and apartment is equipped with resource metering devices (meters). If they are absent, then residents are charged amounts calculated based on the number of residents, or square meters of housing area are taken into account. In other words, they pay according to standards.

Standards change periodically. That is why it is important to understand what utility consumption standards are and how they are formed, what serves as the basis for these changes and how often this is repeated; and also why in the same region residents can receive receipts with completely different amounts.

It is worth noting that standards for the consumption of utilities can really be different even on neighboring streets.

Example. At the beginning of 2013, new standards for the consumption of utility services were approved in the Republic of Khakassia. Changes also affected the electricity sector. It is important to understand that for the owner studio apartment with an installed electric stove, the monthly standard is 268 kW. And for the owner of the house, under equal conditions - 763 kW. This is determined by the fact that standards, among other things, are influenced by design features buildings.

What is meant by utility consumption standards? The utility consumption standard is a quantitative indicator of the volume of consumption of utility resources, used to determine the amount of payment for utility services in the absence of metering devices.

• Who is eligible and how to apply for subsidies for utility bills

Why do heating consumption standards vary in different cities?

Standards for the consumption of utilities are determined by:

• average outside air temperature during the heating period;
• calculated outside air temperature for design purposes;
• the duration of the heating period, characterized by an average daily outside air temperature of 8 °C and below.

Due to climatic indicators in populated areas of one region of Russia there may be large differences in the consumption of thermal energy for heating, all other things being equal. Climatic conditions are determined based on information provided by the hydrometeorological service for the previous 5 heating periods in a row.

For example, in the Vologda region there are five temperature zones that differ from each other in climatic conditions, and, therefore, heating standards are also different. In addition, the standards differ in design and technical specifications(number of floors of buildings, year of construction).

It is worth mentioning here specific example from judicial practice, which will allow you to clearly understand the current rules for applying standards.
Part 1 of Article 157 of the Housing Code of the Russian Federation states that fees for housing and communal services are calculated in accordance with the volume of their consumption, which is taken from meter readings. In the absence of metering devices, standards are applied. A similar rule is enshrined in paragraph 42 of rules No. 354.

Arbitrage practice

Sometimes local authorities use the powers they have to set CG consumption standards in the form of average figures for all housing stock. This is most likely done for convenience. Communal payments in this case, they are the same throughout the municipality.

IN Supreme Court In the Russian Federation in 2016, this approach was recognized as unlawful. The highest court determined that setting average standards violated federal law. Let us consider the details of this dispute, which has become an important precedent for all management organizations in Russia.

The initiator of the trial was one of the municipal unitary enterprises of Lesosibirsk Krasnoyarsk Territory. It filed a lawsuit with the Krasnoyarsk Regional Court to invalidate the decision of local authorities to set a weighted average standard for all apartment buildings and residential buildings in the city of Lesosibirsk and the village of Strelka. We are talking about the heating standard, which was determined at 0.025 Gcal per 1 square meter total area.

In December 2015, the Krasnoyarsk Regional Court declared the paragraph in which the above standard was indicated to be inconsistent current laws. City Administration tried to appeal this decision to the Supreme Court of the Russian Federation.

The Supreme Court outlined its position in this issue in determination No. 53-APG16-6 dated May 12, 2016. He confirmed that CG consumption standards should be determined on the basis of a differentiated approach. This decision deprived local authorities of the opportunity to introduce weighted average standards.

When making the ruling, the court took into account that the housing stock of the village. Arrow make up wooden houses 1-2 floors high. At the same time, in Lesosibirsk, in addition to wooden buildings there are a large number of brick five- and nine-story buildings.

How standards are set, how calculations are made

Standards for the consumption of utility services (cold and hot water supply, sewerage, electricity, gas supply, heating) are established in accordance with the Rules for establishing and determining standards for the consumption of utility services, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306 (as amended on February 27, 2017). The calculation is made according to the formulas of these Rules.

How often are standards revised?

The validity period of standards for the consumption of utility services is at least 3 years, and during this period the standards for the consumption of utility services are not revised, with exceptions in cases provided for by the Rules.

Utility consumption standards are revised if:

• structural and technical specifications, the degree of improvement of an apartment building or residential building, climatic conditions, at which the volume of consumption of utility resources (cold, hot water, natural and (or) liquefied gas, electrical energy, thermal energy, waste domestic water, allocated according to centralized networks engineering and technical support) in an apartment building or residential building changes by more than 5%;
• changes are made to the Rules in part.

• How are heat tariffs regulated?

The standard for the consumption of utilities on one service station

General house needs (abbreviated as ODN) are understood as a payment resource in the housing and communal services system, calculated in accordance with the state of part of the resources spent on the maintenance and upkeep of apartment buildings. So, for example, for electricity, a fee is paid to the amount of general house needs:

• for the energy consumed by intercoms;
• for lighting public places (premises such as vestibules, driveways landings and access areas;
• technological losses;
• for energy consumed by elevators and other electrical equipment, used for general house needs. It can be represented by video cameras, pumps, automatic heat control systems, etc.

Behind cold water the amount of one tax includes costs associated with:

• with watering lawns and front gardens;
• washing staircases;
• intra-house losses in water systems;
• flushing communication networks.

Behind hot water The amount of general house needs includes expenses related to:

• with intra-house losses in water systems;
• with water discharge in the riser if radiators are being repaired in the apartment building;
• with technological drainage of the system in preparation for the heating season;
• pressure testing of the heating system.

Thermal energy of the ODN is spent on space heating.

Methods for calculating ODN, according to Resolution No. 354, vary, depending on whether common house metering devices are present or absent in the apartment building. In the case where the house is equipped with heat meters, ODN will be calculated based on the difference between the volume indicated on the meter.

This difference is evenly distributed among the owners of residential premises in accordance with the occupied area. Thus, the cost of ODN for a three-room apartment will be higher than for a two- or one-room apartment; This indicator is also determined by the number of residents in the living space.

Standards for electricity consumption, heating and water supply are determined and approved by the local government for each individual region.

When a utility service is provided of poor quality and (or) with interruptions whose duration exceeds those established by law, the amount of payment is reduced up to the point of exemption from payment of rent and one-time tax.

However, when the tenant is temporarily absent (on vacation, business trip, etc.), in this case the amount of payment for utilities on ODN is not subject to recalculation.

When a consumer is given a discount on utility bills, it also applies to ODN - the corresponding discount is applied in the calculation. When compensation and subsidies are provided to certain categories of citizens, the amount of payment for the service is not reduced. The amount of these subsidies and compensations is accrued directly to the persons for whom they are intended.

Since the beginning of 2017, there have been changes with the payment for light and water at the ODN, as a result of which it was moved from utilities to payment for the maintenance of residential premises. In this regard, information began to spread in the media that apartment owners will again be able to pay for communal resources (CR) for the maintenance of common property (COI) based on their actual consumption. Some confusion remains here in 2018, so some clarification is required here. The main question concerns how payments for the Kyrgyz Republic are currently carried out on SOI - according to standards or according to meter readings.

The defining point here is the presence of collective (common house) metering devices in a multi-storey building. If the DPPU are not established, then the payment for the CD on the SOI is calculated according to the consumption standards that local authorities have established for the corresponding utility resources spent on the maintenance of the common property of the apartment building.

Many houses have collective meters, so the general rule enshrined in current edition Housing complex of the Russian Federation. It assumes that payment for each utility resource spent on public information resources is calculated taking into account the standard and tariff, and then the amount of expenses incurred is recalculated according to the readings of metering devices installed in residents’ apartments.

There are also a number of exceptions to the RF Housing Code general rule. For example, the standards are not used in multi-storey buildings, in which the energy consumption is recorded by an automated information-measuring system. The second exception is assumed when determining the size of the CD on SOI depending on the average monthly figures of their consumption. The decision to carry out settlements in this way must be made at a general meeting. In order to eliminate over-expenditures that exceed average values, which will have to be paid by the management organization, in this case it is also assumed that subsequent recalculations will be carried out after receiving readings from apartment meters.

The third exception concerns the decision of the general building meeting to pay according to the readings of collective metering devices. For a management company, this is the most convenient situation, since there is no need to deal with recalculations and spend your own funds in the event of a discrepancy in the readings of the accounting balance sheet and the individual income statement.

Calculation formulas

The amount of payment for the electricity utility service at ODN is as follows:

Pi one = Vi one x T cr, where

• Vi one – the volume of communal resources provided for the billing period for one single residential building in an apartment building on i-th residential premises (apartment) or non-residential premises;
• T cr is the tariff for this utility resource, which was established in accordance with the legislation of the Russian Federation.

In the case when the apartment building is equipped with a common house metering device (CDDU):

The volume of electricity consumed during the estimated period of time on the one-way heating system, per the i-th residential or non-residential premises, is calculated using a formula that looks like this:

• V d – volume (quantity) of the communal resource consumed during the estimated period of time in the apartment building, identified in accordance with the readings of the collective (common house) metering device for the communal resource. In situations that are provided for in paragraph 59 (1) of the Rules, to calculate the amount of payment for utilities, use the volume (quantity) of the utility resource, calculated in accordance with the provisions of the above paragraph;
• V u tender – volume (quantity) of the communal resource used over the estimated period of time in u-th non-residential premises, which are determined in accordance with clause 43 of the Rules;
• V v residential area – volume (quantity) of utility resource consumed over the estimated period of time in v-th core a room in which there is no individual or common (apartment) metering device;
• V w housing.p – volume (quantity) of communal resource consumed over the estimated period of time in w-th core a room (apartment) that is equipped with an individual or common (apartment) utility meter, which is determined based on the readings of this meter. In the situations specified in clause 59 of the Rules, the amount of payment for the utility is calculated based on the volume (quantity) of the utility resource determined in accordance with the provisions of the above paragraph;
• V cr – determined in accordance with clause 54 of the Rules; volume of a certain type of communal resource ( electrical energy, gas) consumed during the estimated period of time by the contractor in the process of producing utility services for heating and (or) hot water supply (in the absence of centralized heating and (or) hot water supply), also used by the contractor to provide the consumer with utility services for electricity and (or) gas supply;
• S i – total area of ​​the i-th residential or non-residential premises in the apartment building;
• S about – the total area of ​​all residential and non-residential premises in the apartment building.

• Water supply in an apartment building: diagrams, features and replacement of risers

Standards for the consumption of utilities - recalculation of fees based on the results of the inspection of the IPU

Residents of apartment buildings want to receive uninterrupted utility services, but do not always want to pay for them. Many would prefer to pay a smaller amount, but not by saving this or that resource, but by operating certain equipment that affects the operation of the meters.

In accordance with the law, management organizations, homeowners' associations, residential complexes, housing cooperatives - in other words, executors of the management system in apartment buildings - carry out periodic inspections of the operation of the IPU. This obligation is enshrined in paragraphs. 82–84 Rules for the provision of housing to owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation dated 05/06/2011 No. 354. As a executor of the control system in an apartment building, you must carry out a number of checks, namely control:

• condition of meters installed in the owners' premises (IPU);
• reliability of IPU readings.

There are several types of checks for the operation of individual metering devices; their frequency is shown in the table:

Make sure that residents do not interfere with the work of the IPU and do not underestimate the readings they provide. The result of the IPU check is drawn up in the form of an act, on its basis the fee for the CG is calculated.

Features of the calculation and recalculation of payment for utility services based on the results of the inspection depend on various circumstances:

• if the consumer lets you into the apartment, the meter check was completed successfully;
• or the owner of the apartment did not allow you into the premises, the inspection was not carried out.

If there is a large discrepancy in the readings between the communal meter and individual metering devices, the management organization has to take various measures, including door-to-door visits. The law allows representatives of the Criminal Code to carry out such checks. To Management Company did not abuse this right, the number of visits is limited. The check can be carried out no more than once every 3 months.

In some cases, for example, if there is reasonable suspicion of individual residents manipulating meter readings, rounds have to be made suddenly and without directly stating the purpose of the visit. If such a need arises, representatives of the management company can refer to the fact that the inspection is justified:

• flooding of the apartment located on the floor below;
• clogging of ventilation ducts;
• suspicion of leaking risers and so on.

To ensure that the violator cannot further refute the facts of his manipulations with the IPU, the walk-through must be carried out with members of the council of the multi-storey building and photographs of the violations must be taken. The following signs indicate unacceptable actions on the part of the consumer:

• broken or missing seals on meters;
• presence next to them powerful magnets and others foreign objects, which can affect the operation of the control unit;
• traces of wear and damage to the housing, uncharacteristic of normal operation of the devices;
• open taps of the central water supply when the water heater is on, which allows you to “twist” the readings of the hot water meter;
• underestimation of submitted readings relative to real figures.

For more details on how to identify fraud with meters and what to do with such violators,.

Calculation of fees for CG, if the consumer has not provided IPU readings, and the deadline for checking metering devices has not yet arrived

The calculation procedure is determined by the type of utility service.

When we talk about any utility system used by owners of residential and non-residential premises (with the exception of heating), payment depends on:

• the calculated average monthly amount of HC consumption, which the consumer determined from meter readings for a period of at least six months;
• for the actual operating time of the IPU, but not less than 3 months - if the period of operation of the meters ranged from 3 months to six months;
• based on the consumption standards of the corresponding CU - if the operating time of the IPU was less than 3 months.

The payment for heating in the case when, in order to calculate the amount of payment for this heater, it is necessary to use the readings of the IPU, should be determined:

• focusing on the average monthly consumption volume during the heating period;
• for the actual operating time of the IPU, but not less than 3 months of the heating period;
• focusing on utility consumption standards for heating - if the period of operation of the meters was less than 3 months of the heating period.

The above calculation rules must be observed:

• from the beginning of the billing period for which the owner of the residential premises did not provide you with meter readings;
• up to the billing period of time (inclusive), for which the owner of the residential premises transmitted meter readings, but no more than 3 billing periods in a row.

This procedure is specified in clause 59 of the Rules for the provision of CG.

When these specified periods have expired, the payment for CG should be calculated according to paragraphs. 42 and 43 of the Rules for the provision of utilities, focusing on the standards for the consumption of utility services. The above rule Clause 60 of the Rules for the Provision of Public Utilities is established.

After the consumer has submitted the readings of the IPU or based on the results of checking the condition and readings of the metering devices, the amount of payment for the services provided should be recalculated.

How to recalculate the payment for CG if the IPU audit has taken place

If during the inspection of the IPU you established that the meter is working properly, the seals on it are intact, but you find discrepancies between the readings of the IPU and the information about the volume of consumed CUs provided by the consumer, you should:

• recalculate the amount of payment for utility services;
• send the user a request to make an additional payment or notify the amount of the overpayment. This must be done before the 10th day of the month following the month in which the check was carried out.

Excess amounts paid by consumers must be offset against subsequent billing periods. The amount of payment is recalculated based on the PU readings recorded during the audit.

Unless the consumer proves otherwise, the volume of CG in the amount of the identified difference in readings is considered consumed during the billing period when the check was carried out.

How to calculate the fee for CU if the consumer did not provide access to the residential premises to check the IPU

In the event that the consumer did not allow you into the apartment to check the metering devices, you should draw up an act of refusal of admission in 2 copies (according to clause 85 of the Rules for the provision of utility services).

Payment for utilities (in addition to heating) that were provided to residential or non-residential premises is determined by:

• based on the calculated average monthly amount of CG consumption, which the consumer identified according to the IPU readings for a period of at least six months;
• for the actual period of operation of the IPU, but not less than three months - if the period of operation of the IPU was from three to six months;
• based on consumption standards for CU - if the period of operation of the IPU was less than three months.

Determine the heating fee:

• based on the average monthly consumption volume during the heating period in cases where it is necessary to use the IPU readings when determining the amount of the heating fee;
• for the actual period of operation of the IPU, but not less than three months of the heating period - if the period of operation of the IPU was less than the heating period, but more than three months of this period;
• based on the consumption standard for heating units - if the period of operation of the IPU was less than three months of the heating period.

You can use this calculation for no more than three billing periods in a row within the following periods:

• starting from the date when you drew up an act of refusal of access to the meter;
• before the date of the IPU inspection.

This order is defined in subsection. “c” clause 59, clause 59 (2) of the Rules for the provision of public services.

After three billing periods from the date of drawing up the act, you have the right to calculate the payment for utilities based on the consumption standard for utilities, taking into account (clause 85 (3) of the Rules for the provision of utility services):

• the number of persons permanently and temporarily residing in residential premises, including those specified in the act establishing the number of citizens temporarily residing in residential premises;
• increasing coefficient, the value of which is 1.5, starting from the 1st day of the month in which you drew up an act of refusal of access to the meter.

If you do not have information about citizens permanently and temporarily residing in a residential building, then calculate the volume of public utilities taking into account the number of owners of such premises.

Based on the results of the check, recalculate.

Expert opinion

A. A. Khokhlov,

Head of Legal Department Bon ton realty

Debt for housing and communal services is a consequence; it is necessary to find out the reasons for its occurrence. This is the task of the UO. It is necessary to eradicate the very cause of the problems, otherwise the debt will grow and the issue will remain unresolved. The problem must be solved comprehensively and systematically.

The purpose of the MA is not to endlessly sue, collect debts through bailiffs and be proud of the number of successful court cases in reports, but to create favorable conditions accommodation. For this, the MA receives funds in the form of payments for housing and communal services.

If consumers of your services do not pay, or want to change the terms of reference or the way they manage their home, could there be a problem with the quality of the service they are provided?

When changing the approach to management, it is necessary to collect information from residents of the house about the reasons for the debt. Once you know and understand the reasons, they can be eliminated. This will improve the quality of services in the house and lead to a reduction in the percentage of debt. There will be no need to hire a huge staff of lawyers and flood the courts with lawsuits; there will be no need to constantly go to court.

Standards for the consumption of utility services - fines in favor of consumers of utility services

With the introduction of fines in favor of the consumer, the value of proving the fact of inadequate quality of a utility service increases significantly. The number of requests for recalculations and payment of fines will increase.

On December 28, 2015, changes to Art. 157 Housing Code RF. Fines have been introduced in favor of consumers for the provision of public utility services (CS) of inadequate quality and (or) with interruptions exceeding the established duration.

Consumers of utilities will be more willing to demand payment of fines in their favor, as well as force Goszhilnadzor specialists to search for persons guilty of violations and influence court decisions.

The current “presumption of guilt” of CG performers in Russia, as well as the “concept of enmity between CG performers and consumers” intensively promoted by the media, lead to the confidence of the majority of consumers, as well as representatives of supervisory authorities, courts, authorities state power and local self-government in the general dishonesty of management bodies, homeowners' associations, housing cooperatives. But the majority of consumers unconditionally believe in the malicious intent of the CG performers and in the fact that they illegally collect and appropriate for themselves cash, which (based on the “presumption of guilt”) are certainly subject to return to consumers.

As a result, various types of fines are imposed on the management authority (both in favor of consumers and in favor of budgets), forcing them to comply at their own expense additional work and the services are highly welcomed by consumers and are perceived as an inevitable punishment for a knowingly guilty person.

Supervisory and judicial authorities often share this point of view. And government authorities are making significant efforts to discredit CG performers and to create an unreasonable additional financial burden and increase their financial risks.

Example

In paragraph 44 of the Rules for the provision of utility services, approved. By Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 (Rule No. 354), it is established that in the absence of a decision general meeting owners of MKD premises on the distribution of the volume of utilities for common house needs (ODN) between consumers “the volume of utilities in the amount of the excess of the volume of utilities provided for common house needs, determined based on the readings of a collective (common house) meter, over the volume calculated based on consumption standards utility services provided for general house needs are paid by the contractor at the expense of own funds».

No one denies that the contractor himself does not consume utility bills at the one-room apartment building, they are consumed by the owners of the apartment buildings, but it is the management company that must pay for excess consumption. According to the government, this procedure for paying for utility services is fair. True, in the same paragraph 44 there is a reservation regarding the executors of CG - resource supply organizations (RSO). In these cases, consumers themselves pay for the utility bill for ODN in full, and the RSO does not and cannot incur any additional expenses. In any case, the RSO must receive the cost of the provided utility resources, and payment for these resources (at least in terms of excess consumption of the CU at the ODN) must be made either by consumers or by organizations managing the MKD.

An interesting source of financial resources to pay for excess consumption of CG at the ODN is the “own funds” of the CG performer. Own funds are usually understood as authorized capital and the net profit of the enterprise. Homeowners' associations and housing cooperatives, for example, have no net profit due to the fact that non-profit organizations. The authorized capital of an NPO may also not be formed, that is, it may be equal to zero.

If we consider commercial management organizations, then they may have a net profit from activities related to the maintenance and current repairs common property and management of apartment buildings. However, almost all OUs in Russia are in debt to RSO. Consequently, there can be no talk of any net profit. And the authorized capital most often does not exceed 10 thousand rubles. Due to the weak predictability of the volumes of excess consumption of the utility company at the one-room outlet, the high financial risk of the utility company when fulfilling the obligation to pay for these volumes is obvious. And the larger the management company, the more apartment buildings it manages, the higher these financial risks.

Example

A magistrate in the Dzerzhinsky district of Orenburg declared illegal the collection of “targeted contributions” from the owners of premises to cover the debt to Orenburg Vodokanal. UO owes for excess consumption of cold water supply.

The prosecutor's audit noted that the director of the management authority, in violation of the requirements of the Housing Code and the Rules for the provision of utility services, instead of repaying the debt at his own expense, ordered his subordinates to accrue this debt in the column “targeted contributions” to the owners of the premises.

2 million rubles were illegally collected from the owners of apartment building premises managed by the management authority. They were transferred to the water utility.By the resolution of the prosecutor of the Dzerzhinsky district of Orenburg, an administrative case was initiated against the director of the educational institution for violation established order price regulation, and he was fined 50 thousand rubles.At the request of the district prosecutor, payments illegally charged to citizens as “targeted contributions” are recalculated.

It is not customary to advertise all these problems and “injustices” of legislation regarding educational institutions. On the contrary, the creation of various kinds of organizations whose task is to incriminate CG performers of violations and crimes is widely promoted. Telephone and Internet hotlines are being created to receive complaints against CG performers. Officials, politicians and candidates for elected positions of state authorities and local self-government everywhere declare the management and homeowners associations to be thieves and promise to “restore order” to the housing and communal services sector.

Propaganda of the idea of ​​dishonesty of management contractors cannot leave the majority of consumers indifferent, who with some pleasure even accept the “concept of enmity between contractors and consumers,” declaring themselves persons oppressed by the illegal actions of management companies and homeowners associations. Especially debtors for CU.

Consumer psychology

Consumers who believe that the service provided to them is not adequate set parameters qualities, and those who want to receive a certain “satisfaction” believe that the fight against the perpetrators of the criminal justice system is a just cause and the “fighters for truth” seek fair punishment for the culprit, and do not just want to receive personal benefit in the form of a recalculation or a fine. But will the result correspond to the efforts expended?

The consumer’s right to recalculate the cost of utilities of inadequate quality and (or) supplied in intervals exceeding the established duration has long been enshrined in the current legislation of the Russian Federation. However, the amount of recalculation is often very small.

Recalculations are actively resisted by RSO. If the CG contractor has made a recalculation to the consumer, it is difficult for him to oblige the RSO to make a similar recalculation within the framework of a resource supply agreement. Courts, even if they have properly executed documents confirming the violation of the quality of service due to the fault of the RSO and the recalculation made to consumers, proceed from the “presumption of guilt” of the contractor and reject the claims. In order to avoid unreasonable financial losses, the CG contractor strives to avoid recalculations.

The duration of the period of service quality violation is most often set to the minimum possible for a number of reasons:

• it is difficult to establish the fact that CG was provided of inadequate quality and (or) with long interruptions (dates and time of the start of the violation, period of the violation);
• it is impossible to control the proper execution of the CG by the contractor necessary documents(entries in the Logbook for registering consumer requests, drawing up acts, etc.) and deadlines for eliminating violations of the quality of service;
• CU and RSO performers are interested in minimizing the period of violation.

MKD managers draw up documents with the “necessary roundings and assumptions” and strive to eliminate violations at the request of the consumer as soon as possible. If the consumer has not reported a poor-quality service, the MA does not consider it necessary to correct problems and recalculate, even if it is aware of such a violation.

As a result, the consumer is forced to expend significant effort to establish the fact of inadequate quality or exceeding the duration of the interruption in the provision of CG, to achieve compliance with legal norms and to obtain the required recalculation. The effort spent is time, money, nerves. As a result, almost all consumers who have an understanding of the recalculation procedure refuse to submit claims.

Consumers who do not understand the recalculation procedure either do not make demands or violate the procedure established by law and do not achieve results.

With the introduction of fines in favor of the consumer, the value of proving the fact that the quality of the utility service is inadequate or the duration of the interruption in its provision has been exceeded significantly increases. The number of requests for recalculation (and payment of a fine) will increase significantly. After all, now the consumer can claim not only an insignificant recalculation of the cost of the utility bill, but also receive additional funds in the form of a fine. Moreover, a “successful operation” to collect a fine from the contractor will certainly lead to the “exchange of positive experience” with neighbors, friends, acquaintances, which will entail chain reaction increasing demands for recalculation and payment of fines in favor of consumers.

Fraudulent consumers

From the total mass of consumers demanding recalculations, individuals stand out who fabricate facts of violation of the quality of services. Many management companies, homeowners' associations, and housing cooperatives encounter this.

Example

When there was a flood in the apartment, it turned out that the victim lost a huge amount of equipment, furniture, and other interior items that supposedly could not be used after the flood. Thus, a dilapidated table, which the apartment owner planned to throw away soon, after the flood can be documented to turn into a new one kitchen set, and even with the postscript “two pieces”.

Quite often you may encounter the fact that owners of residential premises unauthorizedly re-equip elements of common property - risers for cold and hot water supply, heating, etc. In case of accidents and damage to property due to non-compliance technical regulations during repairs, the owners of the premises assure that they have nothing to do with the re-equipment and are the full responsibility of the management company, homeowners association, housing cooperative. According to the law, it is the contractors who are responsible for the condition of the common building systems, but not the owners of the premises in which they are located. individual elements these systems.

Such premises owners seek personal gain, they easily draw up false reports of violations, and are ready to present false evidence in court if this brings them financial or other benefits.

These actions are absolute fraud. It seems very likely that the introduction of fines in favor of consumers will be used by fraudsters, who are probably already thinking up clever schemes for the purpose of illegal personal enrichment.

Decisions of the State Housing Authority bodies

The Housing Code of the Russian Federation has vested the bodies of Goszhilnadzor (GZHN) with the authority to identify those responsible when identifying the fact of a violation of the provision of quality management services. It is important to pay attention to the following circumstances.

There are no representatives of GZhN in settlements that are not regional centers. Guidelines to determine the number of managers, specialists and employees of the state housing inspection of the subject Russian Federation, approved By order of the State Construction Committee of Russia dated July 7, 1999 No. 41, the standard number of, for example, inspectors is established at the rate of one person per 2 million square meters. m of housing stock (the total number of employees of the State Housing Inspectorate, including management, departments of information, economic and regulatory support, is set at the rate of less than 1 person per 1 million sq. m of housing stock).

The position of the public utility service can be predicted with high accuracy - the contractor (managerial organization, homeowners' association, housing cooperative) is almost always to blame for violations of the quality of public services.

So, locality, in which less than 100 thousand people live, cannot claim that at least one inspector can deal with its housing and communal services issues. At the same time, the number of consumer complaints about violations of the quality of the provided utilities can be quite large. Physically, one inspector cannot serve 60–80 thousand CP consumers.

And we are not even talking about the fact that a representative of the State Housing Authority will go to the site - no one even assumes this. It is even unlikely that consumer statements can be examined in more or less detail at all. It is more likely that decisions are made superficially, and those responsible are assigned quickly and simply, without detailed investigations. No human, time or financial resources are provided for detailed investigations.

And the choice of the culprit from two organizations: RSO and the executor of the KU - seems quite obvious. Especially considering two important factors.

1. Any civil servant remembers that bankruptcy, reorganization of a management company, HOA, housing cooperative will not cause such a resonance as bankruptcy or termination of the activities of one of the RSOs. The change of water supply goes unnoticed by most residents, which cannot be said about the disappearance of water, heating, and electricity.
2. Based on the “presumption of guilt of the contractor, many inspectors subconsciously consider the management company to be obviously guilty. They are psychologically ready to make appropriate decisions and interpret any doubts not in favor of the CG performers.

The position of the Housing Authority seems to be predictable with high accuracy - violations of the quality of the management system will almost always be the fault of the contractor (UO, HOA, housing cooperative).

• Powers of the housing inspection in relation to management companies, HOAs and residents

Expert opinion

D. Yu. Nifontov,

Project Manager for Housing and Public Utilities at Akato Central Distributor Center

A number of legislative, by-laws and other legal acts must be subject to changes. To do this, a viable strategy must be developed, within which clear proposals must be formulated. To do this, it is advisable to interact with government authorities, participate in meetings, meetings of expert communities, and public discussions.

The specifics of MKD management are characterized by:

• complexity and inconsistency of housing legislation;
• lack of resources for legislative and rule-making activities at the Administration;
• disunity of CG performers.

Let's be somewhat clear.

Housing legislation is often characterized by inconsistency, often illegality and unreasonable interpretations by authorities and local governments, as well as by numerous housing experts, as a result of which tensions in the housing and communal services industry are aggravated. As a result, it is difficult to formulate proposals for optimizing these standards.

Most management companies operate in conditions of high shortage of all types of resources and high accounts payable. Even if individual specialists are identified and provided with developments, this does not guarantee effectiveness in solving this problem.

Many management organizations, homeowners' associations, housing cooperatives operate in conditions of fierce competition, in which it is impossible to unite, exchange information, mutual consultations, etc. Attempts to introduce ideas for self-regulation of management executives, development of self-regulatory organizations of enterprises and organizations in the housing and communal services sector, whose activities are aimed at defending the interests of its members turned out to be a failure. There are practically no organizations capable of interacting with the authorities on behalf of CG performers.

The first two factors are actually quite difficult to overcome in short time, but eliminating the disunity of the CG performers, uniting them into a representative company that will be able to effectively protect the interests of the management company, homeowners association, housing cooperatives before the regulatory authorities is a reasonable and completely feasible idea. We recommend that management organizations, homeowners' associations, housing cooperatives more actively build constructive relationships with the owners of premises, and above all, inform them more quickly and reliably.

Keep in mind that the owners of the premises are the customers of the services of the management company, homeowners association, housing cooperative. They have the right to receive detailed, reliable information. When consumers do not receive the necessary information, they begin to look for other sources of information. And in conditions of imposing the stereotype of the “concept of enmity” on CG performers, this information, as a rule, is negative.