Who has to pay ODN: tenants or management company? Excess ODN: who pays and what to do? Excess consumption for general house needs.

24.08.2022

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Energy companies began to collect debts from management companies.

My management company began to deal with the bad debtors of our house. There are four of them so far, they have debts for utilities for three to four months. It would seem a little, a little more than 60 thousand rubles for the whole house. But since the process of accumulating debt can take on an avalanche-like character, the Criminal Code is doing the right thing. Moreover, recent changes in legislation increase penalties for late utility payments.

Of course, no OEIRC will collect debts, so the entire burden falls either on management companies or on energy suppliers.

By the way, according to the latest data, the debt of managing organizations to JSC "TNS energo Tula" exceeded 356 million rubles, moreover, due to the systematic non-payment of managing organizations for ODN. On average, debt accumulated over the course of a year.

The Regional Arbitration Court has already satisfied 72 lawsuits filed by power engineers against management organizations in the amount of more than 213 million rubles. Moreover, the bailiffs are engaged in the recovery of already 40 executive documents.

The guarantee supplier has to collect it from the management companies, although the consumers are the residents of a particular house.

Almost every apartment building has a common house electricity meter that records the energy consumption of the entire house. These are not only light bulbs in the entrances that burn during the day, but also garages, shops that consume electricity throughout the house. ODN is decomposed into all owners, but there is one small “but”. Household norms cannot exceed the norms approved by the authorities. Thus, excess consumption (according to paragraph 44 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of 05/06/2011 No. 354) hangs on management companies.

This is true?

From the point of view of logic and common sense - no. That is, the government, by setting low standards, shifts excess consumption to management companies. Thus, it is guaranteed to bring them to bankruptcy.

Meanwhile, as of November 1, the Arbitration Court of the Tula Region satisfied the claims of TNS energo Tula JSC against the following management organizations: Gradservis CJSC - more than 35 million rubles; CJSC Khoroshiy Dom - more than 28 million rubles; CJSC "Partner" - more than 25 million rubles; ECOZHILSTROY LLC - more than 25 million rubles; LLC City Communal Service - more than 8 million rubles; LLC "Nash Dom" - more than 8 million rubles; Zhilischnik-2 LLC - more than 7 million rubles; LLC "Efremovskaya Management Company" - more than 6 million rubles; LLC "PARTNER" - more than 5 million rubles; CJSC Domouprav - more than 4 million rubles; LLC "Partner plus" - more than 3 million rubles; LLC "Engineer Pro" - more than 3 million rubles; Nash Dom-Plavsk LLC - more than 2 million rubles; CJSC Managing Company for Housing and Public Utilities - more than 2 million rubles; ODOEV Management Company LLC - more than 1.5 million rubles; Novogurovskaya Management Company LLC - more than 1 million rubles; SUVOROV UTILITY NETWORKS PLUS LLC - more than 1 million rubles; Light City LLC - more than 1 million rubles.

You say the power engineers are to blame? Of course not! They are only trying to collect debts for consumed energy resources in full compliance with the law adopted by the Russian government and the regulations of the regional authorities.

The main problem, in my opinion, is that we are trying to consume as in a market society, but live according to the laws of socialism. This will not work, otherwise the economy will collapse, which, in fact, is already happening ...

All comments in the community "Tula manager"

Comments of the head of the department for methodology and work with individuals of JSC "TNS energo Tula" Gorodnichey S.V.

In accordance with Rules No. 354, the calculation of ODN is carried out as follows: - in apartment buildings that are not equipped with common house metering devices, based on the ODN standards approved by order of the Ministry of Construction and Housing and Utilities of the Tula Region dated May 16, 2013 No. 46 (from 07/01/2015 .with amendments and additions made by the Order of the Ministry of Construction and Housing and Communal Services of the Tula Region dated July 1, 2015 No. 64).

In multi-apartment buildings equipped with common house metering devices, in which a direct method of control is chosen, household consumers are presented for payment with the amount of ODN, determined based on the readings of the common house metering device in accordance with paragraph 13 of section III of Appendix No. 2 to Rule No. 354 (the difference between the volume of electrical energy recorded by a common house metering device and the total volume of individual consumption of electrical energy in all apartments is distributed to consumers in proportion to the area of apartments);

In multi-apartment buildings equipped with common house metering devices, in which the management method is chosen: by the managing organization, partnership or cooperative, household consumers are charged with the amount of ODN, determined based on the readings of the common house metering device in accordance with paragraph 13 of section III of Appendix No. 2 to the Rules No. 354, but not more than the normative volume of ODN. The difference between the standard volume of ODN and the volume of ODN determined on the basis of the readings of a common house meter (hereinafter referred to as Delta) is presented for payment to managing organizations, HOA. The main reasons for the excess volume of ODN are:

1. Not timely transfer of readings of individual meters by consumers or the transfer of incorrect readings;
2. Lack of individual metering devices;
3. Depreciation of intra-house networks;
4. Unauthorized connections to the intra-house network.

In the Kurgan region, management companies have announced imminent mass bankruptcy due to the fact that they have to pay out of their own pockets for excess consumption of electricity and water in the common areas of high-rise buildings.

Part of the hot water is "lost" simply "according to the laws of physics" - due to its cooling: the supply volume is clearly greater than the return volume. Photo: Tatyana Andreeva / RG

New rules for old basements

Recall that in April this year, amendments to the Housing Code came into force, which allow homeowners in apartment buildings (MKD) to conclude direct contracts with resource providers, bypassing management companies (MC). In this regard, the Kurgan region turned out to be ahead of the rest: here, since 2010, consumers have directly entered into contracts with resource-supplying organizations and settled with them through the Unified Cash Settlement Center, so payment for common house needs (ODN) did not affect the interests of the Criminal Code.

Everything has changed since January last year, when the next amendments were made to federal legislation, thanks to which ODN turned from a utility into a housing service. The difference is fundamental: for utilities (electricity, water, heat, gas) we pay resource-supplying organizations, and housing is provided by the management company under an apartment building management agreement. The payment for ODN is now included in the line "maintenance of the dwelling" and is calculated according to the standards established in the regions. These are the costs of entrances, courtyard, elevator, intercom, basement: they need to be washed, cleaned, illuminated and heated. This also includes the loss of utility resources in case of accidents, water used for flushing and pressure testing of engineering systems and for watering lawns and flower beds, as well as maintenance of playgrounds, street lighting.

All these expenses are proportionally distributed among the apartment owners, they pay for the ODN to the management company, and it already pays off with the suppliers. Residents are calculated according to the standard, and if the cost of ODN is higher, then the difference must be paid by the management company. As conceived by the developers of the law, such a measure is designed to encourage public utilities to engage in energy saving, to ensure that residents transmit meter readings on time, there are no gusts and leaks in engineering networks, theft and illegal connections. But these good intentions turned into a real headache for the managers of the Kurgan region and put them on the brink of survival, since resource companies issue invoices to the management company for actual consumption, and it sometimes exceeds the standard by several times.

Losses included in the bill

The largest bill received by the director of the Shadrinsk management company Yuri Solovyov for ODN was 110,070 rubles 51 kopecks. The generating company put up this amount for a month - for 743 cubic meters of hot water used for general house needs in a five-story building with 74 apartments, where only 118 people live. Previously, when the management company itself was the supplier of communal resources, the house spent no more than 15 cubic meters - 2096 rubles came out in money, they fit into the standard. Where did it come from 50 times more now, if there were no leaks, accidents in the house, the basement is dry?

Representatives of the Criminal Code tried to figure it out. The reason lay in the law of physics. The houses have meters installed on both the supply and return pipelines. As you know, the hotter the water, the greater its volume. Thus, at the output without any leaks, the losses turned out to be significant.

But this is only the technical side of the problem, not the most serious one. And the main trouble is that the Criminal Code, in fact, has to pay for negligent apartment owners who do not transmit the readings of individual devices on time and do not pay for the consumed resources. The Criminal Code cannot punish such non-payers. Why, they are not even able to find out how many such tenants are in the house, because the manager does not have access to their counters: only resource-supplying organizations have the right to control readings every six months. According to them, only a third of the residents transmit meter readings. By the way, in many other regions, the readings of individual meters are taken by specialists of the Criminal Code as contractors of public services, and there are no such problems there.

The essence of ODN is gone as such, - Yuri Solovyov laments. - If earlier it was really spending on maintenance of common areas, now it is the difference between the indicators of common house and apartment metering devices. No one knows how many resources specifically go to the maintenance of common areas. It would be fair then in the law to change the name from ODN to "reimbursement of costs in favor of resource-supplying organizations."

Resource companies issue invoices to the management company for actual consumption, and it sometimes exceeds the standard by several times

By the way, residents of high-rise buildings can make a decision at a general meeting and take on all the expenses for one-stop living, but this happens extremely rarely - it’s easier to blame everything on the management company. According to Solovyov, where common house metering devices are installed, the standards should be abolished altogether. This will motivate the owners to hand over testimony in time, and most importantly, it will increase their responsibility towards their neighbors.

Don't pay for your neighbor

Payment for excess consumption of communal resources at the ODN excites not only Shadrin residents. Recently in Kurgan there was a meeting of the city authorities with the heads of management companies, resource-supplying organizations, senior houses, and public figures. The directors of the management company cited truly astronomical figures, for example, last year, resource workers charged 262,000 rubles more for one company for hot water than accrued to homeowners. 150 thousand rubles were charged for cold water, and the supplier demanded 347 thousand. According to the director of another manager, during the month the house received 600 cubic meters of cold water, of which the residents spent 80 - the rest allegedly went to the ODN. And there are many such examples.

Where can the Criminal Code get the money to pay for excess consumption? There is only one source - an item of expenses for the maintenance and current repairs of the house. In other words, the same apartment owners. But even these funds are sometimes not enough. The situation is heating up: the Criminal Code refuse to pay, resource providers sue them. You can’t make any claims against them either: they work strictly according to the law. In the meantime, there are proceedings, debts are overgrown with penalties and fines. If things go on like this, public utilities complain, they will face bankruptcy.

According to public utilities, where common house metering devices are installed, the standards should be abolished. This motivates residents to submit their testimony on time and will increase their responsibility towards their neighbors.

The prospect of leaving houses without maintenance, of course, does not suit the city authorities.

Citizens and management companies must submit meter readings on a monthly basis. Until this happens, the situation will not change, - said Anzhela Bykova, a representative of the energy sales company.

According to the mayor's office, there are 1866 apartment buildings in Kurgan, councils have been created in 70 percent of them, chairmen who are senior in the entrances have been elected. According to officials, it is this asset that resource providers and management companies need to rely on in order to put things in order together with the transfer of meter readings. By the way, in small houses, where almost everyone knows each other, there are almost no problems with identifying unscrupulous payers. But in high-rise buildings with hundreds of apartments, everything is more complicated: firstly, many simply do not let inspectors in, and secondly, the activists themselves do not really want to make enemies.

According to Vladimir Semyonov, a member of the housing and welfare commission of the city council of veterans, in every house there are those who have not paid for years, so the problem needs to be solved at the legislative level, and not force the Criminal Code and conscientious residents to pay for their neighbors.

(ODN), which are determined by the authorized body of the subject of the Federation as of November 01, 2016. At the same time, excess consumption will be paid not by residents of an apartment building (MKD), but by a utility service provider - a management or resource supply organization.

The payment for utility services consumed at the ODN is limited by the standards that are established separately by each subject of the Russian Federation. Residents will not be required to pay more than this indicator. Only the general meeting of owners of all premises in the MKD is authorized to decide on the payment of ODN in excess of the established standard. But if such a decision has not been made, the excess of ODN must be paid by the contractor of the utility service.

Mikhail Men, Minister of Construction and Housing and Public Utilities of the Russian Federation

At the forums of communal services, disputes are growing about who should pay for the excess ODN. We decided to clarify the solution to this issue.

Who pays for the excess ODN

First, you need to understand who is the actual executor of public services.

According to paragraph 8 of the "Rules for the provision of public services", approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354, the supplier of these services are organizations or enterprises that have entered into a contract for the provision of public services with the end consumer. He is responsible for the payment of excess ODN.

Excess ODN is like pouring money down a pipe

Prior to the general meeting of the owners of the premises on the choice of a way to manage the house, the conclusion of a management agreement and the start of the supply of a communal resource under an agreement concluded between the MA and the RSO, the RSO is recognized as a utility service provider.

Under the validity of the MKD management agreement concluded between the MA and the end users of public services, as well as the contract for the supply of a communal resource concluded between the MA and the RSO, the MA is recognized as the provider of public services. But only from the date of the actual release of the energy resource under the supply contract.

Provided that the RSO is recognized as a service provider, it has every opportunity to optimize the costs of energy resources provided for ODN. It is obliged not only to supply services, but also to be responsible for compliance with the norms of its consumption.

Andrey Chibis, Deputy Minister of Construction and Housing of the Russian Federation:

A review of judicial practice on excess ODN proves that the court does not recognize the right of the RCO to re-issue invoices for exceeding the established standards for a management company or HOA, if direct contracts for the supply of energy resources concluded between the RCO and end users of the service are still in force.

In what cases is the payment for excess ODN assigned to the RSO

The Federal Law of June 29, 2015 "On Amendments to the Housing Code of the Russian Federation" recognizes agreements concluded between a resource supply organization (RSO) and end users of public services concluded before the entry into force of the law. Obligations under these agreements remain until the expiration of their validity, or until one of the parties declares its desire to terminate the agreement.

In such cases, the excess ODN is obliged to pay for the RSO, which is not entitled to re-billing the MA.

Currently, a draft law “On Amendments to the Housing Code of the Russian Federation” is being prepared, in which special attention is paid to the upcoming transition to a new system of contractual relations between the RSO and owners or tenants of residential and non-residential premises in MKD. In particular, the Housing Code will be supplemented by Article 157, paragraph 2 of which provides that contracts for the supply of MKD with communal resources “are concluded by a resource supply organization<...>with each of the owners of premises in an apartment building acting on their own behalf.

When the excess ODN is paid by the Criminal Code

Unless otherwise provided by the decision of the general meeting of owners of residential and non-residential buildings, the management company (MC) with which the contract has been concluded must pay for the excess consumption of communal resources at the ODN. MKD management is a complex service, which should include resource supply. If the ODN exceeds the established standard, this is a defect of the MA, which, guided by the requirements of the legislation on energy saving, should strive to save consumed resources, take measures to save energy and increase energy efficiency in the entrusted MKD. But this reduces profits.

Therefore, until June 30, 2015, the Criminal Code made a lot of efforts to convince the owners of the premises to conclude direct resource supply contracts. Thus, they were able to distribute the excess volume of RTOs among the owners of premises in a managed MFB in proportion to the area of these premises and not invest their own funds in the modernization of energy-consuming systems.

How RSO to conclude an agreement with the Criminal Code

In order for the RSO to conclude a contract for the supply of utilities with the UK, it is necessary, first of all, to terminate the existing contracts with the end users of the resource - the owners of residential and non-residential premises in the MKD.

Then you need to send to the Criminal Code a proposal to conclude a contract for the supply of the resource, attaching to it a draft contract signed by the RSO.

After the signing of the resource supply agreement by both parties, the agreement enters into force, and from that moment the RSO acquires a legal basis for billing for ODN consumed in excess of the established limit, not to the owners of the premises in the MKD, but to the management company that serves it.

How to reduce ODN in an apartment building

An effective way to reduce the consumption of energy resources at the ODN is the automated control of resource readings via telecommunication channels, in particular, via radio.

The main advantages of automated collection of meter readings:

accuracy of accounting for energy consumption from each device;
effective reduction of time and resources for data processing;
availability of the received readings from any computer online;
the ability to quickly add any number of new devices to the system with an increase in the number of serviced MKDs.

The automated system for commercial accounting of energy resources "STRIZH" operates according to the LPWAN protocol. The range of one base station is up to 10 km without the use of hubs and repeaters.

Solutions to reduce ODN to 1.5%
for RSO/UK/HOA

In continuation of the article.

Then the calculation formula will look like: Vi one \u003d (V about - Σu Vu nezh. - Σv Vv lived.n. - Σu Vw lived.p. - V cr) × (Si ∕ S about), where:

V about - readings of the total counter;
Vu nezh - the amount of electricity spent in non-residential premises;
Vv residential - consumption by an apartment not equipped with individual meters;
Vw residential - consumption by an apartment equipped with individual meters;
V kr - the amount of energy used by the utility service provider for the production of heating and hot water supply (in houses that are not equipped with a centralized provision of the relevant resources);
Si - area of the apartment;
S about - the total area of all apartments in the house.

Based on the formula, it is clear that each apartment owner pays for ODN in proportion to the area of \u200b\u200bhis apartment in the total house.

Does uo have to pay for excess

Attention

Residents of such houses have to pay for common utilities according to different standards. Regional authorities will take this into account and recalculate the indicators.

Important

Contact the management company. She can take the initiative to recalculate the standards. UK, HOA and housing cooperatives have such a right by law.

Recalculation of housing and communal services Several management companies can submit a collective application for the calculation of the standard even for individual houses. For example, there are only five houses with innovative technologies in the region.
They use solar energy to illuminate the yard, and wastewater cleans and waters the flower beds. By default, the authorities will not calculate separate standards for such houses.
But if the management company substantiates the request, they can calculate. The management company will provide the exact calculation. If the receipt for January has already arrived, ask for readings from common house meters and calculation according to the standard.

Management tricks. Is it correct to charge consumers for one?

The Ministry of Construction allowed to pay less than the norms for the maintenance of common property in an apartment building - according to the readings of common house meters. From January 1, for general house needs, they pay according to regional standards.

Info

Some management companies used the new law to further enrich themselves at the expense of tenants. They accrued payment for common house needs according to the standards, even if they saved electricity and water in the house for general needs.

The Ministry of Construction explained when it is possible to pay less than the norms. If the consumption of resources according to the general house meter is below the norm, only the actual consumption needs to be paid.

It is worth checking your receipts and dealing with the management company. The Ministry of Construction also instructed the regions to take into account the technical features of houses, even if these parameters are not specified in the general rules.

For example, there are no energy-saving measures in the general rules, but they must be taken into account.

Who has to pay the excess

Real estate

But ODN is set according to the standard, and even at a price of 4.57 per kW. Houses and a stove, and light all the time ... I pay for individual consumption in the region of 200 rubles. And the same amount is put up for me for ONE. It’s as if we have a 20-horn chandelier on each landing and the light is on all day and night ... A gigantic amount is obtained around the house. I was in the Criminal Code, I was told that all accruals were made in accordance with the latest changes in the LCD. However, in the press, on TV, officials and leaders of the region and the city declare the opposite. That the Criminal Code began to count incorrectly, and for February everything will be recalculated.

But nothing has changed in the receipt for February. The Criminal Code states that no documents have been received from the Ministry of Regional Tariffs on the recalculation. Who is right?

The Ministry of Construction explained how to pay for common house needs

The amount due will go towards repairs and maintenance. Please note: owners who have not installed metering devices will pay for services with an increasing coefficient of 1.5.

Local authorities will have to determine the standards for settlements by June 2018. While the authorities have not decided on the indicators, the old standards will be applied.

ODN standard for water Calculated indicators are set for each month. Sizes from 0.029 to 0.067 cubic meters per square meter. 5 common house payments for water:

cleaning stairs and platforms in the entrance;
watering the front garden and lawn near the house;
water losses during the repair of heating systems;
water discharge in the internal networks of the house

Good to know: according to the norms, the volume of water is provided for wet cleaning of the entrance and flushing the heating system twice a year.

Calculation of one for electricity in an apartment building

For those owners who do not have meters in the apartment, ODN is distributed based on the ratio of the area of \u200b\u200bthe apartment to the total living space of the house. What is an EOD for electricity? Lamps that illuminate the previously listed common areas in the house and near the house consume a certain amount of electricity.

There is also an elevator and other communications that are in common use. Of course, these are expenses, and far from small for a year. These ODNs are distributed to all owners of residential areas of the house. Previously, the communal organization that managed the house could bill the ODN for electricity by subtracting the energy consumed from individual apartment meters and general house readings. It was not possible to control how correctly each owner was invoiced for ODN. And here it was permissible to have some craftiness, or, to put it simply, a scam, of the managing organization.

How to dispute the overcharge for one electricity bill?

Note! From January 2018, in houses where the ODN payment exceeds the standards or the readings cannot be determined due to the lack of meters, residents can pay for services at the rate. All excess costs are paid by the UK. How payment is made According to clause 1 of article 154 of the RF LC, the fee for ODN in 2018 is calculated and indicated on the invoice issued by the HOA or the Criminal Code, being part of the payment for the maintenance of the dwelling.

Now ODN cannot be included in the payment for water or electricity based on the area of the premises. But at the same time, the payment for ODN cannot exceed the consumption standard for general house needs, established by regional legislation.

One electricity

When determining the standards, such technical and design features of high-rise buildings as:

number of storeys;
deterioration of engineering systems;
type of water supply system;
equipping the house with equipment.

The standards for utility costs for the maintenance of common house property will be calculated on the basis of the standard that each subject of the Russian Federation must establish before 06/01/2017. That is, it is impossible to talk about average tariffs in the Russian Federation yet.

This will become clear after the approval of the values throughout Russia. To establish average standards, specialists will need to install a common meter for an apartment building and calculate the difference between general and individual consumption.
It is worth remembering that more electricity consumption in your apartment will mean a larger amount of payment for ODN for electricity. Electricity ODN on the meter As already mentioned, paying for ODN, which must be done and what is said in the government decree, is required as the difference between personal meters and common house. If you have a meter, it is easy to find out who pays how much and where the overpriced bills come from, and it is the right of any apartment owner to demand a recalculation if there are suspicions of incorrect calculations or charges overthrown the norm. If such cases are identified, it is required to write an application addressed to the head of the management company, which any apartment building has, and in the absence of such, contact the local housing and communal services department.

Is the management company entitled to issue an invoice for electricity for one MKD

lighting in houses of entrances and adjacent territories;
the cost of cleaning common areas;
heating costs for the common area.

But you should know what exactly is included in the ODN. In addition to the indicated energy costs, general house needs include:

operation of elevators;
application of water supply pumps;
use of intercoms and alarms;
emergency lighting of attics and basements;
technological losses associated with the features of the installed electrical equipment.

ODN for water supply is:

washing of landings and garbage chutes;
lawn watering;
flushing communications;
loss of domestic water networks;
pressure testing of the heating system;
repair and commissioning of the heating system.

Other resource costs are not included in the ODN.