Recalculation for water if there are meters in 2021

Often in the bills that fall into our mailbox, you can see items that make the hair on your head stand on end

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For some, the figures for payments for water and electricity are off the charts, others are confused by general household needs and expenses for them, and others are perplexed to discover fees for rain!

Residents of a house on Transportnaya Street in the city of Kungur pay 7 rubles a month for rainwater entering the sewer system. The line “One Tax for Wastewater” was added to payment bills quite recently and on completely legal grounds.

Residents, of course, were surprised: will they have to pay for rain only when it rains or all year round? The water utility, which issues bills, has dashed the hope of seasonality: you will have to pay all the time, and in order to collect money according to this column, there is a special order that calculates the general house drainage needs. It also describes rainwater that flows through sewer manholes into sewers, and the consequences of accidents on intra-house networks.

There is, of course, an exception in Russia - a house where utility bills are similar to telephone numbers, but this does not bother the residents at all. He is, of course, located in Moscow, and his address is known from numerous news reports. The living space was glorified by Evgenia Vasilyeva, a former employee of the Russian Ministry of Defense, who was accused of embezzling more than 800 million rubles.

The head of the HOA of this house in Molochny Lane is ex-Minister of Defense Anatoly Serdyukov. At the initiative of the building manager, the payment system now depends not on the number of rooms, but on the square footage. The monthly payment for utilities is 113 thousand rubles. You will have to pay 27 thousand a month for cleaning the rugs, and there is also an annual payment of 380 thousand rubles for the collection of payments itself. However, for the owner of the 13-room apartment, Evgenia Vasilyeva, they made an exception and left lenient rates.

Starting July 1, utility bills in the country officially increased in price. Payments received in August will be calculated at the new rates. Perhaps it's time to take a good look at the receipt and throw away everything unnecessary. The website EG.RU has figured out what you can refuse and not pay.

Include in the receipt information about the grounds for all recalculations and additional charges

A resident of one of the apartment buildings in the Tver region contacted the State Housing Supervision Authority. She complained about incorrect charges for housing and communal services made on her personal account by the management organization. The consumer considered that the amount of debt indicated in the payment document was too high.

The GZHN body conducted an unscheduled documentary audit of payment calculations on the applicant’s personal account made by the management organization. According to the Administration, as of March 2021, the consumer owed more than 7 thousand rubles for housing and communal services. The audit showed that the debt was overstated by 2 thousand rubles.

GZHI also indicated that in the invoice for December 2021, the MA should have reflected the overpayment made by the resident of the house for housing and communal services in the amount of 0.43 rubles, however, in the specified document there are charges of 4.5 thousand rubles and a debt of almost 1 thousand rubles. At the same time, the management did not provide information in the payment document about recalculations during this period and their reasons.

The supervisory authority issued an order to the management organization to eliminate the violation and excluded the excessively accrued amount of debt from the receipts of the resident of the house. The managing organization did not agree with the position of the GZHN body. She argued that the owner, paying the payment for December according to preliminary calculations in December, knew that in January of the next year there would be a recalculation of the payment for heating and hot water supply.

The UO filed a lawsuit demanding that the order of the State Housing Supervision Authority be declared illegal and unenforceable (case No. A66-9398/2018). The organization referred to the fact that the order does not contain any criteria or calculations that would indicate how the service provider is obliged to exclude the debt from receipts and for what payment period.

What is required and what is prohibited to be placed on payment documents
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Sample application for recalculation

If an individual does not agree with the amount that is accrued for payment in a single payment document for some utility service, then he may not pay money for it, but fill out a statement expressing the grounds for reducing the price for using it, as well as requiring recalculation. This document must be drawn up according to the application form. General information is written in the upper right corner, then the name of the document is indicated, after that all other information is stated, and the details are entered at the very bottom.

The method by which the application is submitted does not matter. Individuals can print the application on a computer, and then transfer it to paper, print out the document form and add the missing data with their own hands, or complete it entirely by hand.

How to design a “hat”

Not all utility service employees have the authority to review documents drawn up for the purpose of carrying out the recalculation procedure. In this regard, the document must be addressed specifically to the manager. On the right side of the sheet is written the name of the position, and in the line below the official name of the organization acting as a provider of housing services, the cost for which was calculated incorrectly.

After this, information about the user is also written down on the right side of the sheet. First of all, the surname, first name, and patronymic are indicated. Then, just below, the address of the consumer where he resides permanently is displayed. This is done so that the individual can receive written notifications directly related to the recalculation. Therefore, if the applicant lives in one place, but at the same time requires a recalculation related to another property object of which he is the owner, then the address of the first object must be indicated.

What to write in the main part

After the document title is displayed in the center of a new line, the applicant can begin to express his requests and claims to the utility organization. An individual needs to write that he requests a recalculation of the accrued cost for such and such services. As a rule, when using a ready-made application form, the names of these services are already indicated in brackets. These include electricity, sewerage, gas, and hot and cold water. The applicant must cross out those services that should not be recalculated. Then the following data is indicated:

Dates. The applicant must display the period for which he wants the recalculation to be made. First of all, the day, month and year of the beginning of the recalculation are entered, and then its end date. It should be noted that the written dates are taken into account when calculating the days for which the cost for a certain type of service is recalculated. If, for example, the application contains the following dates: 01/21/2019 – 01/25/2019, then the recalculation will be done in five days.
Causes. In order for the price to be changed, compelling reasons are required. In this regard, the application must indicate on the basis of which the individual believes that he is entitled to a recalculation. After this, these facts are analyzed, and if they meet legal standards, then a revision of the accrued cost for a particular housing service is still carried out. If the reason for the recalculation was the absence of individuals on the territory of the property, then it is necessary to list the last names, first names and patronymics of all those residents who were not present, and also display the corresponding dates.
Document details. In order for the above text to be considered reliable, it must be supported by documentary evidence. Therefore, if the owner of the apartment was absent for some period of time, you will need the appropriate document. For example, this could be a certificate from a medical institution indicating that an individual is within its walls, plane tickets, and so on. If the basis for the recalculation was the unsatisfactory quality of housing services, then this can be confirmed using a special document issued by an appraiser.

All documents that will be mentioned in the application must be attached to it. If it is not possible to provide the originals, then copies are allowed. In the very bottom line of the document, on the left side, the applicant’s signature is affixed, and on the right edge of it, the last name, first name and patronymic of the individual to whom it belongs is indicated.

It should be noted that if an individual has a need to recalculate services related to heating, or some other services that were not mentioned above, then he needs to use a completely different sample application.

Sample application for recalculation of electricity

The application form looks like this:

Here you need to fill in all the fields:

To: indicate the name of the head of the MES department, if you know. If you don’t know, then write to the “Head of Mosenergosbyt”.
From: your full name, passport details, address.
Contact phone number.
Account number.
Unnecessary services are crossed out from the list. All that remains is the power supply.
The application indicates the address of the premises to which recalculation is required.
The reason why this service is needed. Write as it is: for example, due to the fact that no testimony was submitted or no one lived in the apartment, etc.
If the reason is a breakdown of the meter, then attach a device inspection report drawn up by an authorized specialist.
Indicate the most recently submitted readings.
The period for which recalculation is required.
The date and signature are placed at the bottom.

Remember that recalculation is not always made in favor of the homeowner. You may need to pay Mosenergosbyt extra for the supply of electricity.

So, now you know how to recalculate electricity if necessary. You can independently control your personal account in your Personal Account or contact the Contact Center operator by calling 8 (499) 550-9-550 daily from 08:30 to 20:30.

If possible, warn consumers about upcoming recalculations

The court of first instance sided with the management organization: the data indicated in the invoices for payment of housing and communal services reflects the state of the personal account of the resident of the house according to the accounting registers of the management organization. Such registers take into account the actual payment by the consumer for the services provided and form the amount of debt, which is indicated in the payment documents.

According to the court, the State Housing Authority did not provide a counter-calculation that would prove that the amount of debt on the consumer’s personal account was overstated. The supervisory authority ordered the management agency to eliminate the consequences of a possible violation, and not to identify and eliminate its cause.

The judge also noted that the management company in the receipt dated December 25, 2017 notified the consumer that the accruals in it are preliminary and non-final: with the final calculation of the fee in January 2021, the formation of an overpayment and debt is possible.

At the same time, at the moment when the State Housing Inspectorate body sent an order to the management organization, the applicant no longer had any claims against the management authority regarding the calculations, which she reported to the supervisory agency.

The court decided that the order of the Civil Housing Inspectorate violates the principle of enforceability and does not allow the MA to determine the method of its implementation. The document does not contain specific calculations based on meter readings or instructions for specific actions to eliminate violations. Therefore, the order was declared illegal and unenforceable.

2.3. Recalculation of electricity charges in case of temporary absence of a consumer

In this case, recalculation is made on the basis of a written application from the consumer for recalculation, submitted before the start of the period of temporary absence of the consumer or no later than 30 days after the end of the period of temporary absence (clause 91 of Rules No. 354

The application must be accompanied by documents confirming the duration of the period of temporary absence, as well as an inspection report to determine the lack of technical ability to install a metering device.

If an application is submitted before the start of the period of temporary absence, the consumer has the right to indicate in it that documents confirming the duration of the temporary absence cannot be submitted along with the application (with a description of the reasons) and will be presented after the consumer returns (clause 92 of Regulation No. 354

The recalculation is made based on the number of complete calendar days of absence, excluding the day of departure from the residential premises and the day of arrival at the residential premises (clause 90 of Rules No. 354

Include in the receipt information about a failure in the program that caused the recalculation

The supervisory authority filed an appeal. GZHI referred to the fact that the management organization did not indicate in the applicant’s payment documents during the disputed period information about recalculations, additional charges and their grounds. This, as the department argued, is a violation and proves the unlawfulness of accruing a debt of 2 thousand rubles on the consumer’s personal account.

The management organization, in turn, insisted that it warned the residents of the house about additional charges in January during the final calculation of utility bills - a message about this was posted on the receipt dated December 25.

The UO also explained that there was a glitch in the software doing the calculations. Due to the failure, payments for heating and hot water supply on consumers’ personal accounts were underestimated. After software errors were identified in January, additional charges for November 2021 occurred.

Why should the management authority send paper payment documents to residents?
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How is it produced?

If you decide to recalculate the cost of the electricity you consumed, you need to submit an official application to the appropriate organization that carries out payment calculations. As a rule, these are management companies, homeowners' associations or housing cooperatives; there are also other electricity suppliers, but this depends on the specific case.

How to write an application for recalculation of utilities?

Rice. 2. Sample application for recalculation

Look at Figure 2; the header of the application indicates the position and full name of the head of the relevant organization, if known to you. Otherwise, you can write “To the Manager and the Name of the organization.” Next, the header indicates who it was written from, write your full name, address, you can also indicate a phone number, this will greatly simplify feedback from you.

Below is the text of the application for recalculation:

In the recalculation column, cross out all unnecessary types of utility payments and leave only electricity supply.
Under it, indicate the period of time for which you want to recalculate.
Next, indicate the reason why the organization providing the utility service must recalculate. We discussed the options above, but in the text of the application it is better to indicate briefly. For example: absence of readings, non-occupancy of residents, incorrect readings taken, faulty metering device, calculation of fees according to consumption standards does not correspond to reality (relevant for contractual consumers).
In the column for reasons for recalculation, you write down the corresponding document that provides the basis for this. In addition to the columns proposed in the description, you can refer to the Housing Code, Rules for the maintenance of common property in apartment buildings, Rules for the provision of utility services. If you have a meter malfunction report drawn up by an authorized specialist, indicate it and be sure to attach a copy, as with any other document. There is no need to attach a copy of the regulatory documents.

Do not include the recalculation amount as a debt when first included in the receipt

The appellate court, having examined the circumstances of the case, did not consider the management organization’s arguments weighty, and the decision of the first court was correct, since the management organization did not indicate the basis for the recalculations and information about them in the consumer’s payment documents:

for December 2021 due to a software glitch,
for December 2021, issued in January, about actual accruals in comparison with preliminary ones made in December.

The absence of such information is a violation of clause 69 of RF PP No. 354. As the court noted, because of this, the management organization had no legal grounds to reflect the debt at the beginning of the month in receipts for December 2021 and in subsequent periods.

Information about all recalculations and additional charges, as well as their grounds, must be indicated in receipts for the period when the recalculations were made, but not as a debt. These amounts will become a debt if they are not paid on time after they are indicated on the payment document.

The fact that the applicant renounced claims to the calculations made by the management organization does not prove the illegality of the order. According to the court, this only indicates that the administration has taken measures to implement it.

Having analyzed the situation, the appellate court came to the conclusion that the State Housing Property Authority lawfully issued an order to the management organization to exclude excessively accrued debt from the payment for housing and communal services on the applicant’s personal account.

The court also did not agree with the conclusion of the first instance that the requirements of the Civil Housing Inspectorate specified in the order were unenforceable. The MA was not deprived of the opportunity to correctly reflect accruals and recalculations for the disputed period and confirm the grounds for additional accruals in accordance with clause 69 of the RF PP No. 354.

The decision of the court of first instance was overturned, and the claim of the UO was rejected, which was later confirmed by the cassation court and the Supreme Court of the Russian Federation.

Protection of personal data when entering them into payment documents and in the GIS housing and communal services
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Recalculation for water

Resolution No. 354 allows recalculation for cold, hot water and other resources. The recalculation procedure itself depends on whether the apartment has a meter or does not.

If there is a meter, there may be several reasons for recalculation.

When accounting indicators were submitted incorrectly. Supplier representatives may periodically check the performance of individual metering devices. Perhaps the owner submitted incorrect data to reduce the amount of utility payments, or simply wrote down the numbers incorrectly. Recalculation can increase the payment amount (while hiding the correct indicators) or reduce it.
Recalculations for water are also carried out when the consumer has violated the rules for connecting to networks. To confirm the fact of connection with violations, a special commission is created and a report is drawn up. According to this act, the consumer is charged the amount to be paid for the unaccounted resource. And then the connection should be eliminated.
In the case of an illegal connection to the water supply, it is sometimes difficult to determine how long the consumer has been using the resource. In this case, Resolution 354 requires payment to be calculated for three months and according to standard consumption rates.
The basis for recalculation is also interference with the operation of the meter, damage to the seal, or missed deadlines for checking the device. A new amount is calculated for the time when the filling was installed (but not more than three months).
The reason for the recalculation may be the low quality of the services provided, interruptions in the supply of hot water in this case, or its supply at a low temperature. A supplier who has violated its obligations must, under Article 157 of the Housing Code of the Russian Federation, pay a fine to the consumer.

The basis for recalculation may be different; in the situation, both suppliers and consumers are to blame.

All new connections to utilities and networks of the house should be carried out with the help of specialists from the Management Company (another housing and communal services organization) and with permission.

Comply with the requirements of clause 69 of the RF PP No. 354 and order No. 43/pr

The requirements for the payment document are set out in clause 69 of RF PP No. 354. If the consumer of services receives a recalculation for the period, then it is necessary to enter into the payment document the amount of recalculation and the grounds for additional charges or reduction of the fee (clause “g” of clause 69 of RF PP No. 354).

The management organization in the above-described case No. A66-9398/2018 had grounds to recalculate the fee, but at the same time made two mistakes, which led to the order of the GZhN body:

She did not indicate in the payment documents information about the recalculation of fees and the grounds for this.
The amount of additional charges was immediately attributed to the consumer’s debt for housing and communal services.

To avoid getting into such a situation, utility service providers must include recalculation amounts in their invoices. Requirements for information on recalculations in receipts for housing and communal services are set out in section. 6 annexes to the order of the Ministry of Construction of the Russian Federation dated January 26, 2018 No. 43/pr.

At the same time, the MA should remember that the amount of additional charges becomes a debt only after it was indicated on the receipt and was not paid on time.

Incorrect counter data

Incorrect data on cold or hot water supply transmitted to the resource supplier is one of the most common reasons for recalculation. If the consumer notices an overpayment, he can contact the Management Company and request a recalculation . There is a certain procedure.

The consumer calls specialists from the heat and water supply company so that they record the exact readings of the metering devices and draw up a report on this matter.
Such a document is attached to the application. The service provider needs to record documents and transfer them to the billing department.
If everything is done correctly, recalculation receipts should arrive next month.

The main document for recalculation for hot water supply is Resolution No. 354 and the Rules approved by it (clause 61).

It is important that the meters themselves are in good working order and meet all requirements. Only in this case will their indicators be taken into account by the billing department of the supplier company.