Resolution 354 hot water. Recalculation for utilities by law

All conscious citizens are interested in the current rules for determining the amount of payments for utilities established at the moment.

Therefore, in accordance with the provisions of Resolution 354, important significant nuances may be identified and certain answers are given regarding the legality of certain actions.

Every citizen of the Russian Federation is considered a consumer of real state resources. The basis for the provision of such resources is the agreement concluded with public utilities.

In accordance with the law under consideration, all citizens of the Russian Federation have the opportunity to carry out recalculation by payments For the provision of utilities. In an updated editorial board and in the additions developed to it are provided with comprehensive information for owners and ordinary users of residential premises regarding possible emerging situations. In legal relationships, the guarantor acts itself.

What is considered in this law

The signing of the resolution was carried out in June 2011. Similar to other applicable legislative acts, this resolution really requires the definition of several very significant amendments that are formulated on a permanent basis without a specific binding to any period.

In accordance with the latest introduced changes, the general needs of citizens in supplying electricity are also discussed in this regulatory act.

We propose to pay attention to change, currently relevant:

In the considered decree clearly regulate Approved consumption standards and further payment of various resources by owners or simple users of residential premises. The updated editorial office will provide explanations within a certain period, more specifically when accrual for a full-fledged service package is made.

In Resolution No. 354, not only is explained in detail rules of work and the procedure for making money Funds as payment for the services of territorial communal organizations and housing and public utilities, but also is considered a specially developed project, which must be performed. The procedure for performing conditions and additional documentation are necessarily given in an annex to the decision.

From September of the next year is carried out planned distribution Regarding a specific performer. Starting from 2016, citizens are exempt from the obligation to regularly provide the testimony of measuring instruments that fix the flow rate of the communal. After making certain adjustments to the resolution under consideration, simplified payment scheme begins to operate.

If we consider location of languid needsIn the current resolution, the scheme of revising the coefficients of the existing rules for water management is indicated. There is also a procedure for the equipment of systems that ensure the satisfaction of general needs, measuring instruments. The President of the Russian Federation signed a decree in accordance with which a decrease in the established tariffing should be made about 10-15%, taking into account the specific region of residence.

IN recalculation issues regarding heating Residential premises This year established tariffs were adjusted. In this situation, citizens can expect to reduce costs for certain services by approximately 15%. On issues of communal services, a new section has been added, describing the rules for the supply of heat into apartment buildings. Starting from this year, the relevant decision of the government entered into force.

If you take into account the general needs, then the payment must be made in accordance with the current tariff plans. All comprehensive information on this issue can be obtained in housing and communal services. If the electricity supply is discontinued for a while, the mandatory recalculation will be carried out in accordance with the established tariffs.

Responsibility of side

On the performer He is responsible to domestic legislation in such situations:

If the Contractor violated the rules for the provision of sufficiently quality services, the consumer can count on exemption from the need for their payment. Also, the consumer in such a situation can demand a penalty in the amount provided for by the Legislative Base of the Russian Federation.

The performer can expect for exemption from liability For granted poor-quality utilities in the situation, if the deterioration occurred due to irresistible circumstances or as a result of the actions of the consumer himself. Unfinished obstacles have no relation to the violation of the obligations of the counterparties approved by the contractor, the lack of necessary funds to provide the quality of the services provided.

Regardless of whether any agreement was concluded between the performer and the consumer, damage compensation As a result of the provision of insufficiently high-quality utilities, it is still planning to legislation. If the lives or health of the consumer was caused by certain damage, the reimbursement is provided for over the next 10 years from the date of granting a not enough quality service. The maximum term for filing a lawsuit for the possibility of consideration of the fact of damage to the consumer is 3 years.

If the Contractor providing services for certain reasons causes damage to the health or property of the consumer, the latter is necessary make an appropriate In several copies (one per each participant, the agreement was signed). If the consumer in order to restore the violated right of the fault of the public utilities suffered certain costs, it can count on their subsequent compensation.

Order of recalculation

Recalculation of payments for certain utility services rendered during the period when the consumer was temporarily absent in the residential premises, is carried out in the manner determined by the norms of domestic legislation.

Such services not applicable Heating of premises.

Recalculation available In a situation where there are no accounting devices in the residential premises, the installation of which is impossible for technical reasons. If it fails to confirm the lack of a real technical capabilities of installing counters, or in a situation where defective counters are not repaired in accordance with the prescribed instructions, the recalculation procedure will not be implemented. Municipal services provided for generalic needs are not subject to any recalculation in the absence of a consumer in the residential premises.

Recalculation of payments For the communal services provided, taking into account the number of calendar days falling on the absence of a consumer in the residential premises. The date of departure and arrival in the cumulative number of days of no lack of interest. The recalculation is traditionally performed by the Contractor over the next 5 working days from the date of receipt of the notification from the consumer in the form of a signed statement.

The quality of the services provided by performers must necessarily comply with the standards established by domestic legislation. If the consumer does not receive what money pays, he is entitled to demand compensation.

Recent key changes

Resolution No. 354 regulates certain requirements for payment documentation, such as invoices, receipts on the introduction of rent.

The main change is considered the need strict indication of the size of one(generalic needs) in certain places of the payment document.

The new rules also indicate the need for preliminary adoption of appropriate measures by the owner who has been established in the residential premises. non-working measuring instrument. Act indicating that counters do not function properly is drawn up in advance. An organization engaged in installing either the repair of measuring devices can be selected by the consumer of utility services arbitrarily. In the first days of each month, accruals are made in accordance with the indicators of counters.

Here is the latter ChangeSubmitted by the Government of the Russian Federation to Resolution No. 354, for which the stories of attention:

1. All accruals for general work (water disposal, heating, electrical energy, cold and hot water) are now related to the categories of housing and are included in the expenditure of residential costs.
2. When calculating general costs, a formula is now involved, which determines the balance between the testimony of accounting general and apartment devices. In the absence of counters mounted on the house, the size of general deductions is determined based on the square of the apartment and the total amount of the area of \u200b\u200bthe community property (calculated in proportion to).
3. The standards that should be applied when calculating general expenses are entered. After the start of their application, all exceedments will be paid at the expense of HOA or management companies.
4. If the owner of the apartment was temporarily absent, then the recalculation of energy costs will be carried out only under the condition of the presence of meters on gas and water. Otherwise, the owner will need to document the fact of his absence, after which he will recalculate.
5. If no one is registered in the apartment, then the contributions to the account of housing and public utilities will be calculated depending on the number of owners.

This legislative act is told in the following video track:

Relations between utilities and citizens are governed by the rules for the provision of utilities of PP of the Russian Federation No. 354 with amendments from 2017 on the fundamental rights and obligations of consumers and suppliers of the LCA, as well as disputes between the parties, read in the article.

from the article you will learn:

The interaction of consumers of housing and communal services and those who provide them, since 2011, is described in the Decree of Government No. 354 - the rules for the provision of utilities. This legislative act is regularly adjusted. The last edition issued on September 9, 2017.

Rules for the provision of utilities for PP of the Russian Federation №354

Until 2011, the relationship between consumers and communal services was regulated by PP of the Russian Federation No. 307. With the entry into force of PP of the Russian Federation No. 354, many rules changed. Including, the following innovations appeared in the ruling:

• uNDE are introduced, often caused by the cause of disputes between citizens and managers;
• there is an opportunity to verify the quality of utility services provided through examination;
• debt time to disable services decreased from 6 to 3 months;
• it became possible to pay for the LCQ directly to the resources;
• consumers have received the right to put accounting instruments in separate rooms (this is necessary, mainly in communal apartments), and so on.

In general, the appointment of the document remained the same, although its volume has doubled. Obviously, every year more and more nuances appear, which must be included in the rules for the provision of utilities. For this reason, changes appear in the ruling. Clarifications prepared by specialists working in housing and communal services are helping to understand them.

What is included in the list of utilities?

Obtaining utilities is one of the basic rights of a citizen of the Russian Federation, regardless of its place of residence. The required list of LCD is supplied to the dwellings on an ongoing basis throughout the year. The exception is only heating. Heat is fed by the Special Regulations produced in each region depending on the weather and climatic conditions.

The rules for the provision of utility services allow all types of resources in case of repair or accidents. For such situations, the maximum allowable duration is indicated. It is calculated for the reporting period. If, throughout this period, the number and duration of the LCD shutdowns exceeds the established norms, the tenants may formally file claims.

We list those types of utilities that citizens should be provided.

1. Power supply. Its feed is mandatory, and any interruption is considered an extreme situation and is eliminated as soon as possible. Electricity is served without breaks at any time of the day. Its power according to the rules for the provision of utilities must comply with the needs of tenants.
2. Cold water supply. Cold water supply is carried out in a citywide or local network. If it is turned off, then the delivery of drinking water is organized before the column within walking distance. When filing water, the following requirements are required:
- compliance with sanitary standards;
- proper pressure;
- Fiveless smoothness.
3. Hot water supply. The feed is carried out through the central water supply. With its absence, general or intra-wood heating appliances are used.
4. Taking sewage drain. When summing up the water, its lead is placed in parallel. The dwelling system in the dwelling includes a common pipe (riser) and the pipes running to it from each of the points of water intake.
5. Heating. In the cold season is carried out around the clock. The rules for the provision of utility services determine the minimum temperature of the air to be maintained in the dwelling.
6. Gas. Houses are most often connected to gas supply with a main gas pipeline. If it is not, then it is permissible to use gas from replaceable cylinders or specially equipped storages for it.

A set of utilities depends on the level of home improvement and can vary significantly. If the tenants do not receive any resources, then the size of the monthly payment of the LCD will be lower. All these moments are prescribed in the contract with the service organization.

Changes in Government Decree 354 for 2017-2018.

Defined in PP of the Russian Federation No. 354 Rules for the provision of utilities to citizens in 2017 once again received a number of changes. Adjustments relate to the most relevant issues for consumers and public utilities. We give several important updates:

• the machines began to be considered non-residential premises and individual properties;
• communalists had the right to install control seals and other devices to track illegal interference with the operation of accounting devices;
• managing companies can be fined for unreasonably overestimated tariffs. This requires consumer circulation.

With the rules for providing utilities 354 with changes can be found right on our website. In the article you will find a link to the current edition of this document.

Payment for services housing and communal services

LCD consumers are obliged to produce their payment in full. Together with the duties, citizens receive a certain set of rights. Communal services must have the appropriate quality. In the improper execution of the management company of its duties, the tenants may terminate the contract with it and choose another organization.

In addition to the resources listed above, the consumption of which is monitored by counters or regulations, the tenants pay a number of services. Including, the following costs are prescribed in the receipt:

• on the maintenance of a multi-storey house;
• to perform major repairs;
• on the service of elevators (if available);
• on the removal of solid household waste;
• on the cleaning of entrances, the local territory and other common property;
• for payment of intercoms.

According to the rules for the provision of utilities, all of these expenses are calculated in the management company and are entered into the receipt. In some cases, it produces a sufficiently large number of items, with which it is not always possible to deal with the first time. In this case, each figure should have a justification. Any article fits in accordance with relevant rates and rates.

In the receipt, expenditure articles are divided into personal, belonging to a specific apartment, and generalive consumption. Many categories of citizens have benefits to pay for the LCA. They are indicated as the rationale for the application of the reduced tariff.

Rights and obligations of consumers and service providers

The rules for the provision of utilities are given a strict regulation of legal relations of suppliers of utilities and their consumers. It is devoted to chapter 4 and 5.

The serving organization in accordance with its set of rights and obligations should (may):

• promoting residents in a timely manner. It is engaged not only by providing resource consumer stipulated in the contract, but also serves the territory adjacent to the high-rise building, general and apartment premises;
• accept applications for repairs and execute them, timely troubleshooting, maintain a house in proper condition;
• require to pay for services in a timely manner, accrual for their disorders and fines. At the same time, the receipt must necessarily be mastered to which the consumer needs to make money;
• receive compensation from the state for beneficiaries paying for the LCD on reduced tariffs;
• control how the rules of operation of engineering networks and technical means are followed;
• check the counters installed in the apartments, the state of communications;
• have admission to all rooms.

In accordance with the rules for the provision of utilities of the Criminal Code, agreements with suppliers of the LCA are affixed. Residents should receive alerts about their emergency situations. Repair announcements, elimination of accidents and other deviations are postponed on accessible to all residences.

Consumers are assigned their rights and obligations. Including, they must (can):

• receive proper quality services in the required amount;
• contact the verification of the calculations made with the correction of the detected errors;
• receive acts and other documents with the help of which the damage from accidents is confirmed to further compensation;
• be sure to report to emergency services on force majeure situations;
• in a timely manner and fully accomplish your fee.

The rules for the provision of utilities warned consumers from various unauthorized actions. With their identification, significant fines can be accrued.

Settlement of controversial situations between consumers and utility suppliers

The main disputes in the field of LCA are connected with:

• by delay in consumers of the fees;
• committing by residents of unlawful actions (interference in the work of counters, damage to general-known property and so on);
• erroneous payment of payment for ku;
• non-fulfillment of the service organization of their duties.

The Criminal Code according to the rules for the provision of utilities can deal with non-payers of foams and disconnecting the supplied resources. Accustomed debtors can meet meetings and provide installments to repay debt. Unlawful actions are punishable by fines. They can overlap and collect, including, on the court.

Consumers if complaints are pleased, first of all, in the control company itself. Most violations are eliminated by this way. In addition to the Criminal Code itself, controversial situations may be considered:

• administration of the municipality;
• housing inspection;
• Rospotrebnadzor;
• prosecutor's office;
• court.

Nested files

• Rules for the provision of utilities to citizens under PP of the Russian Federation №354.doc

The rules for the provision of utilities are very detailed by the content and procedure for entering into a contract for servicing residential buildings, the provision and accounting of utilities. The main responsibility for activities in this direction is assigned to the management companies. For each type of utility services, two payments are introduced: for consumption directly inside the apartment and for consumption for generalic needs. Measures on the content of generalicity property include measures for energy saving, installation and removal of accounting devices, as well as the cost of maintaining information systems for accounting. These payments are introduced into the receipt for payment by a separate line. The decision determines the general procedure for concluding an energy service contract in residential buildings with payment for its results separately from payment for utilities.

On May 23, information was published on approval of new rules for the provision of utilities. New rules introduced. With the introduction of the New Rules by the Decree of the Government, Resolution No. 307 of May 23, 2006 is canceled and significant changes are made in the Government Decree No. 306 of 05/23/2006 and No. 491 of August 13, 2006. New rules are not immediately introduced immediately, and 2 months after making changes to the procedure for establishing and determining the regulations for the consumption of utilities in the Government Decision No. 306 of 23.05.2006. The Ministry of Regional Development of Russia is entrusted to prepare changes to this document over the next three months.

The rules for the provision of utilities are very detailed by the content and procedure for entering into a contract for servicing residential buildings and the provision and accounting of utilities. The main responsibility for activities in this direction is assigned to the management companies. In terms of concluding contracts, the decision is quite rigidly established for the maintenance of contracts: if the consumer concluded an agreement with the management company, which does not comply with the conditions for the new rules, the provisions of the Government Decree No. 354 dated 06.05.2011 are considered the current norm.

For each type of utility services, two payments are introduced: for consumption directly inside the apartment and for consumption for generalic needs. At the same time, the cost of consumption of utilities for general-friendly needs in an apartment building is introduced. It is ordered by calculations in the case when there is no collective accounting device.

The responsibility of the defaulter is tightened. Now restricting the provision of utilities may occur not after 6 months, as it is now, and after 3 months.

Consumers are given the possibility of imprisoning direct contracts with resource-supplying organizations to provide utilities.

Fully revised the calculation algorithms for utilities, both in the presence of accounting devices and in their absence. The norm is excluded when at the end of the year on consumers who have individual accounting devices installed, all the annual nonbalans of consumption on an apartment building was distributed.

The actual removal operator of accounting devices and the organizer of their operation becomes the management company. Also, the management company becomes an intermediary when fixing the facts of violation of the quality of public services provided.

Measures on the content of generalicity property include measures for energy saving, installation and removal of accounting devices, as well as the cost of maintaining information systems for accounting. These payments are introduced into the receipt for payment by a separate line.

The decision determines the general procedure for concluding an energy service contract in residential buildings with payment for its results separately from payment for utilities. The form of an energy service contract must be developed over the next 5 months by the Ministry of Regional Development and the Ministry of Economic Development.

The recalculation for utilities occurs on the basis of adopted legislation. If the owner has accounting devices, recalculation is automatic when information about new data is received. In the absence of devices with the temporary absence of the owner and all living in the apartment, recalculation is made according to the developed scheme.

What is recalculation

Recalculation is a newly made calculation of the consumer fee for utilities. If there were any errors or lining, and they are detected, the management company or housing and utilities compensates for the empty. But most often recalculation do, because the owners pay in many cases not by the actual consumption of any resource, but according to the standard.

What does it mean? If the owner's home or apartment puts the metering instruments, then this means that now it will pay not according to the standard, but by actually consumed water (electricity, gas). But sometimes failures occur, as in the following cases. For example, for heating, the fee is always made according to the standard.

The standard is defined as 1/12 last year's consumption for the year. And monthly we introduce firmly established (since last year) fee. At the end of the heating season in those apartment buildings, where generalical counters are delivered, housing and communal services makes recalculation and overpayment is returned to the consumer. There are adjustments in the opposite direction.

But the most common types of overpayments are private. The situation model is most often like this: the owner of the apartment does not send the meter indicators. This happens both in objective reasons and on subjective.

For example, forgetfulness or family leave can serve that the owner of the apartment temporarily does not transmit the data of its accounting device. In this case, the next month after the owner of the housing resumes the transfer of data, he will recalculate.

Legal acts

Recalculation has completely legal grounds. In 2011, the Government of the Russian Federation adopts a well-known resolution at number 354. All sections of this legal act are devoted to the rules for the provision of public utilities to the population.

In 2017, the next changes were adopted and, we can say how recalculations are currently doing. The board changes is reflected in the VIII paragraph. Some features are also reflected in the title: recalculation in the absence of consumers.

Here is considered only aspect that concerns residential premises without counters. With the meters, everything is clear, recalculation will be performed automatically when the next data from the accounting devices will be downloaded. Answers to all questions regarding the legality of the actions of utilities are given in the ruling.

Every citizen, the owner or tenant of the residential premises is consumer for this document. He and his family consumes state resources that provide various organizations or companies. In order to have a reason for the relationship, an agreement is concluded between the organization and the consumer of services.

The guarantor of relations between inter-performer and the consumer is the state and laws. In accordance with Resolution No. 354, all citizens have the right to recalculate utilities. Therefore, the order of recalculation in various situations is described in the new edition.

What is part of Resolution No. 354

What comes there:

• updated coefficients that determine the regulations of the drainage;
• the procedure for installing measuring instruments has been developed in detail;
• with the help of the ruling, the motive for installing the meter is intensified;
• a simplified payment scheme for heating was introduced;
• from 2016 to provide information from the meters has become optional;
• with the temporary absence of electricity or other services, payment for it is not charged;
• the procedure for performing listed conditions.

A special place is determined by the contractor to consumers and laws in cases:

• poor quality services;
• damage to life and health due to poor-quality services;
• non-receipt by the consumer of reliable information on the quality of services;
• the terms of the agreement are violated.

In violation of these conditions, the Contractor must free the consumer from payment or provide him with compensation. Regardless of whether the agreement was concluded between the performer and the consumer, the Contractor still reimburses the damage in the event of the provision of low-quality services.

Here are some points that are considered in the ruling:

1. No recalculation fee for generalic needs is recalculated. It is due to the case when the owner was absent and the residential premises temporarily empty.
2. With a two-tariff mode, the change in payment is possible only with respect to the variable component. With respect to the constant component, the following condition was introduced: if it recalculates it by law, then after a temporary absence of a citizen, it is produced within 5 working days. The days of absence are considered to be all except for the day of disposal and arrival.
3. The recalculation is made only if applications and the provision of documents confirm the duration of the absence. The request is made before departure or no more than a month after arrival.

As documents confirming the absence, adopted:

• a copy of a travel certificate with the application of travel documents;
• document on treatment in the hospital or in the sanatorium;
• travel tickets that are decorated in the name of the consumer, as well as the fact of their use;
• accounts for staying at the hotel, rented apartment, hostel;
• the document issued by the FMS on temporary registration;
• other documents that will be able to confirm the fact of the absence of the consumer.

The main advantage of this document is its transparency and simplicity of the presentation of all requirements. After its recycling, it became much easier to regulate its relationship to the performer and consumer.

On video recalculation

The main distinguishing features of the resolution and its changes are the course on the widespread installation of instruments. Therefore, apartment owners with meters have an explicit advantage in cases, for example, temporary absence.

Every citizen is interested, what a rule of calculating the cost of utilities is currently valid. Therefore, clause Art. 354 can reveal important questions, and give answers as it established the law.

Resolution 354 with the latest changes 2016,

The position from the Government of the Russian Federation on utilities was created in June 2011. After that, the law was required to make amendments, so every year in April, March, July, May, mid-June and in other months a new project was introduced. The Russian law for this period is valid according to the latest amendments. It is worth examining this right before considering amendments.

The Federal Law in Resolution 354 contains such sections:

• Providing services that the user will receive and the owner of the premises;
• The condition and main order of how the service is served;
• Accounting devices and calculation of the board size;
• Recalculation and accrual for heating, electricity, water;
• The question of canceling the provision of services;
• An application where there are calculation rules, as well as the formula and tariff standard;
• Changes that are entered into the act.

The current edition with the latest changes has some amendments in accordance with the current situation in housing and communal services. For December 2015, it took the amendments to be approved to enter into force in 2016. The federation also made changes to the government's vision of this document in September, April, in late January and other months. Many portals, such as a consultant plus, pay attention to the text of this position, so it is worth considering it in the last edge. For different types of services.

About utilities

Position number 354 regulates the consumption of housing and utilities resources for owners and users of residential apartments or non-residential premises. The new version of the Law of the Russian Federation contains standards for consumption and fee for them. For example, the document explains when the force of calculating the utility package is starting. The entry into force begins at the time of the occurrence of property rights, from the date of the return of the rental on the room, from the day of hiring and entering the apartment building. Judicial practice confirms the guarantor of compliance with the Resolution 354 throughout the territory of the Russian Federation, including the Moscow region, Kirov and Perm.

By heating

This section describes noticeable needs to provide heating to citizens. This item explains in the examples as the rules should be accrued to the length of heating and temperature in the apartment. The approved norms are adjusted for the temperature and heat, the amount of payment for heating is calculated.

By electricity

This subparagraph position determines the order for which the supply and distribution of electricity is carried out. The standards for voltage are indicated, the deadline that is possible by the temporary absence of energy, the calibration of lines and energy saving. During the year, a restriction on the absence is established. The editors contains the requirements for the voltage of the lines according to GOST.

General needs Resolution 354 pay or not to pay?

Many ask, pay or not pay for the account for general-made. The Housing Code provides that the costs of water supply and other services for generalic needs will be evenly entered into each individual receipt. This payment is important in relation to the provision of utilities, so everyone pays for receipts.

Recalculate for heating on a general aware meter for 354 decisions, the calculation formula

The performer is an invoice for the light or for hot water on the day of the receipt of the receipt on the meter. The recalculation for the cold is carried out according to the formula, where the volume of non-residential premises take place for non-residential premises for the discount period, the volume of hot water per apartment, the volume of hot water and the volume of water supply costs and multiplies to the area of \u200b\u200bthe apartment, divided into the area of \u200b\u200ball apartments. Today you can download the application for free, which contains order 354, where there is a form of calculation, adjustment and comments.