Recalculation of payments for housing and communal services - in what cases is it possible, how to submit an application, within what time frame

How is the water fee determined?

Payment for water is a concept that includes not only the cost of the resource itself. It also consists of the costs spent on supplying and ensuring proper quality of water.

The final amount is also affected by the presence of in-house measuring devices at the consumer’s disposal. After they are installed, the fee is calculated by multiplying the readings by the tariff.

According to (hereinafter referred to as Resolution No. 354), the components of payment for water supply by meters can be distinguished:

Payment for cold water supply (CWS) according to readings received from an individual meter.
Payment for hot water supply (DHW) according to the readings of the apartment meter.
Payment for sewerage services according to the apartment meter.
Share payment in cold water costs spent on general house needs.
Share of DHW costs for general household needs.
Share payment in the structure of costs for sanitation services for the needs of an apartment building.

Find out more about what HVS and ODN are on the receipt.

Apartment buildings have common metering devices that measure the water consumption of the entire building. If you subtract the amount of individual apartment expenses from the total expense, the costs for general household needs (CHN) will become clear. They reflect the excessive consumption of water, associated both with good purposes, such as watering the local area, and with poor organization of water supply: leaks in risers and the like.

Read more about sewerage for general house needs in 2021.

Legal basis

Section 7 of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) is devoted to payment for utility services. In Part 2 of Art. 157 of the Housing Code specifies that water supply fees are calculated in accordance with the tariffs established by the region. Basic concepts in the field of water supply and sanitation are regulated.

The key link in regulation is the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings (Resolution No. 354). They establish the rights and obligations of the consumer and the seller, and provide a scheme for recalculating the amount of water charges.

Cases involving increased water charges

At the initiative of the supplier or management organization, the price of water may change upward in the following cases:

Based on the results of checking the values of metering devices, periodically carried out by representatives of the supplier. Recalculation of readings after verification occurs quite often. If the tenant underestimates the readings, then the detection of a violation will be followed by charging for water according to the data taken by the inspector.
If any irregularities are detected in the meter connection. In addition to the act requiring the removal of the connection, the resident will be charged an additional fee based on the volume of water that he could have consumed.
If an external influence on the meter is detected: broken seals, damaged integrity. The recalculation is similar to the second basis.

Read more about who should check the water meters in the apartment.

Reasons for reducing water charges

The consumer has the right to put forward a demand for a reduction in water charges. The RF Housing Code and Resolution No. 354 identify the following grounds for downward recalculation:

Temporary absence from housing. This is relevant for apartments without meters, as well as to explain the lack of submission of information on the meter.
Provision of services of inadequate quality and/or their complete absence. If there is no water or cold water flows from a hot tap, you should act quickly.

A specialist must record the violation. To do this, you should contact the dispatch service. The dispatcher is obliged to accept the message, register and report its number.

According to the regulations contained in section 10 of Decree No. 354, the inspector must arrive within 2 hours from the moment of the call. During the inspection, he will assess the temperature and water pressure and draw up a final report.

The inspection report is confirmation of the validity of the recalculation requirements.

Let us remind you that recalculation can also be performed if a technical error is detected in the calculations. Typos and inaccuracies are common. The fact of their detection should be reported to the management organization.

Reasons for recalculating fees

The law defines cases when the amount of payment for utility services is subject to recalculation. These include:

Actual absence from place of residence.
Inconsistency of the services provided with quality requirements.

It should be noted that each user has the right to contact the management company or other authorized authorities with a complaint if he believes that the payment for utility services was calculated incorrectly.

Not living in an apartment

The actual absence of a person at the place of residence may serve as a basis for recalculating payment for the provided utility services. However, this will be possible under a number of circumstances. First of all, this is the duration of absence. It is determined by Decree of the Government of the Russian Federation of May 6, 2011 No. 354. The period must exceed five full actual days. In this case, it does not matter whether it is working days or not. Then there are no individual metering devices in the room itself. However, their installation cannot be carried out due to lack of technical capabilities. If devices are missing, but could be installed, then recalculation is not performed.

The exception is force majeure circumstances - war, natural disasters, serious illness. If a person was not able to live in the premises for such reasons, then the amount of payment will be adjusted, provided that this is documented.

Recalculation is made in proportion to the time of the person’s actual absence.

Services of inadequate quality

Current legislation stipulates that the utility services provided must meet quality standards. If this rule is violated, the consumer can initiate a payment recalculation procedure.

Quality is determined by:

The duration of the break in their provision complies with the requirements of the law.
The quality of water supply - composition, properties, pressure and temperature of water.
Frequency and voltage in the electrical network.
Pressure and properties of gas.
Air temperature in the room.
The pressure level in the heating system.

Indicators for the provision of some poor-quality services, for example, water temperature or electricity voltage, can be determined quite accurately using individual or general metering devices. The composition of the water is checked by experts.

If the consumer believes that the quality of services does not meet the established requirements, he must contact the management or resource-providing organization or other authorized authority to conduct an inspection. For this purpose, a commission is created, in whose work experts can be involved. Based on the results of the inspection, a decision will be made, which will become the basis for recalculating payments for utility services.

Rules for charging fees in the absence of submission and incorrect submission of data

If the apartment has a water meter, the tenant has the right to report its readings. But it is not always possible to use this right. And if you haven’t submitted your testimony for a long time, the water fee may increase.

The accrual rules are determined by clause 59 of Resolution No. 354. In clauses. “b” is fixed: if the data is not transferred, the fee for the first 3 months is calculated taking into account the average consumption for the previous six months. If the tenant has forgotten about the meters for more than 3 months, then the payment is made according to consumption standards (clause 60), but without a coefficient.

When resuming the submission of information, the consumer may think about whether they should recalculate the water bill if they have not submitted the information for more than 3 months. There is no recalculation for the previous period. According to paragraph 31 of the Resolution, the supplier is obliged to use readings from apartment meters only for the billing period for which they were taken.

If readings were also taken in June for April-May, only the water used in June will be paid for on the meter.

Many payers have a question about what to do if the readings were reported incorrectly: the figure was changed upward, the readings for hot and cold water were mixed up, and so on.

When contacting the supplier, the fee will be recalculated, and the overpaid money will become an advance payment for the following months. Another option: the tenant will be credited for the amount underpaid for services in the previous billing period. This scheme of action is also valid if the electricity meter readings were transmitted incorrectly.

Recalculation by water meters if readings were not transmitted

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In this article, we will consider the question of how possible it is to obtain a recalculation of the amount of payment for water meters if the consumer did not transmit readings, as well as how legal it is to refuse such a recalculation.

Recalculation by water meters

First of all, it should be noted that having an individual water supply meter (meter) in an apartment, not everyone and is not always able to submit its readings within the prescribed period to calculate the amount of payment for a certain billing period (month).

Payment for failure to provide readings from an individual water meter (meter) is charged as follows:

→ within 3 months (billing periods) - based on the average monthly readings of such a meter (which are determined for the previous 6 months),

→ and then, if the readings were never transmitted by the consumer, based on the consumption standard established for water supply and the number of people living in the apartment (residential building).

This calculation procedure is provided for in paragraphs. b) paragraph 59 of the Rules approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 (hereinafter referred to as the Rules).

Time passes, and after, for example, 4 months, the consumer decides to transmit the actual readings of the individual meter. The contractor accepts these readings and begins to calculate the amount of the fee based on the actual readings of the meter.

The question arises: can a consumer receive a recalculation of the amount of payment for water supply for a period in which individual meter readings were not transmitted, and the calculation of the amount of payment was made not based on actual consumption, but on the basis of average monthly readings and consumption standards ?

Yes, it is possible to receive a recalculation of the amount of payment for this period in accordance with the following provisions of the Rules:

According to paragraphs. j(1)) of paragraph 33 of the Rules, the consumer is not obliged, but has the right, if he has an individual meter (meter), to take monthly readings and transfer them to the contractor no later than the 25th day of the current month .

In paragraphs g) paragraph 31 of the Rules states that the contractor is obliged to accept readings from an individual metering device (meter) from the consumer, as well as to check the condition of the metering device and the reliability of the readings provided by the consumer .

Calculation of the amount of payment for water supply in the event of failure to provide meter readings must be made in the manner specified in clauses 59 and 60 of the Rules, and the contractor is obliged to recalculate the amount of payment for water supply if, when checking the condition of the meter (which will reveal that the meter is in working order, the seals on are not damaged), as well as the reliability of the data transmitted by the consumer about his testimony, a discrepancy will be revealed between the actually consumed volume of water supply and the volume that was presented to the consumer for payment - this is provided for in paragraph 61 of the Rules.

Moreover, we are talking not only about charging fees if the actually consumed volume of water supply turns out to be less than the accrued amount (overpaid amounts are subject to offset in future periods), but also about additional charges if it turns out that the consumer has consumed more water supply than was presented to him for payment according to average monthly readings and standards.

The amount of the fee is recalculated based on the readings of the meter being checked, and the difference in the volume of water supply is considered consumed for the billing period in which the meter is checked and the reliability of its readings is carried out , unless, of course, the consumer proves otherwise.

As for recalculating the amount of payment for water supply if meter readings are not provided, it is necessary to consider 2 cases:

The first case: recalculation of the payment amount if the consumer independently determines that during the period when meter readings were not transmitted to them, the volume of water supply that was presented for payment is greater than the volume of water supply consumed by the meter. For example, 2 people are constantly registered in the apartment, the volume of cold water supply accrued according to the average monthly readings and according to the standard was 26 m3, and according to the meter readings, the actual consumption of cold water for the same period was 12 m3. The difference is 14 m3 - overpayment.

The second case: recalculation of the fee if the accrued volume of water supply is less than that which was presented for payment during the period of failure to provide evidence. For example, 1 person is constantly registered in the apartment, the volume of cold water supply accrued according to the average monthly readings and according to the standard was 12 m3, and according to the meter readings, the actual consumption of cold water for the same period was 22 m3. The difference is 10 m3 - underpayment.

In both cases, a recalculation of the amount of the fee must be made. This is provided for by the provisions of the Rules, this position is supported in the Ruling of the Supreme Court of the Russian Federation dated August 26, 2019 No. 302-ES 19-14339 in case No. A 33-27839/2018, in which the executor challenged the order of the supervisory authority, which indicated the need to recalculate the size payments to the consumer in accordance with the actual meter readings. The court sided with the supervisory authority and did not cancel the order obliging the contractor to recalculate the amount of payment to the consumer in accordance with actual consumption. Also, an explanation on this issue was given by the Ministry of Construction of the Russian Federation in a letter dated February 10, 2021 No. 4070-AT/04.

If we consider the first case of recalculation (when the accrued volume of water supply exceeds actual consumption, an overpayment on the part of the consumer is formed), then having discovered the difference in the accrued fee and actual consumption for the period when the readings were not provided, the consumer can contact the contractor to recalculate the fee .

It is important to note that recalculation of the fee can be requested after the contractor has checked the condition of the meter and its readings , based on the results of which a report is drawn up, where, in fact, the actual meter readings at the time of the check are recorded.

According to paragraphs 82-84 of the Rules, the contractor is obliged to check the accuracy of the information provided by consumers about meter readings and check the condition of the meters .

If the contractor does not check the meter and its readings, the consumer can initiate a check of the status of his meter independently by sending a corresponding request (application) to the contractor. According to clause e(2)) of the Rules, such a check must be carried out by the contractor within a period not exceeding 10 working days from the date of the consumer’s request.

Upon checking the condition of the meter and its readings, the contractor is obliged to recalculate the amount of the fee in accordance with the meter readings .

How to correctly write an application to a management company, HOA or housing cooperative

Refusal to carry out such a recalculation is illegal, and in this case the consumer has the right to send an appeal (application) to the supervisory authorities - the housing inspectorate - to conduct an inspection regarding the refusal to recalculate the amount of the fee.

If we consider the second case of recalculation (when the accrued volume of water supply is less than actual consumption, an underpayment on the part of the consumer is formed), then consumers are in no hurry to contact the contractor, and in most cases, they still do not transmit meter readings, paying for the consumption standard.

But these consumer actions are not a way out to reduce the fee. The Contractor has the right to independently initiate a check of the condition of the meter and its readings. And according to paragraph 84 of the Rules, the contractor is obliged to do this if the consumer does not transmit evidence for 6 months in a row .

Thus, having identified an underpayment for actual consumption, the contractor still has the right to recalculate the amount of payment and additionally charge the unpaid volume of water supply. In addition, it is necessary to take into account the following that when the tariff for water supply increases, which, as a rule, is carried out annually, the amount additionally charged for payment may turn out to be higher than if the volume actually consumed was charged in the billing period in which it was consumed .

That is why, for the consumer himself, it is important to timely transmit the readings of the individual meter to the contractor in order to charge for the billing period in which the water supply was consumed , besides, today contractors, in most cases, provide various ways of transmitting the readings of individual metering devices, including remotely - telephone, Internet or other methods, and the consumer should not have problems with transmitting readings.

How to request a recalculation of water charges based on the meter

To receive a recalculation of water charges, you need to inform the service organization (MC, HOA, housing cooperative) or the service provider if the water supply agreement was concluded with him directly. The data from the payslip will help you understand where exactly to go.

Recalculation of water meter readings in 2021 is carried out upon written application. It is drawn up in free form, but requires the presence of mandatory information:

Full name of the applicant.
Residential address.
Request for recalculation.
His period.
Reasons for carrying it out with supporting documents attached.

There are two ways to submit:

send the application by registered mail with acknowledgment of delivery and a list of the contents, keeping the receipt and notification;
Appear at the organization in person and register your application with the responsible person. You should take two copies of the application with you; the employee must put a registration number, date and signature on yours.

You have only 30 days to apply. Changes to the payslip will be visible next month.

It is also worth mentioning how to recalculate water meters if readings have not been submitted. Although the provisions of Resolution No. 354 do not provide for recalculation at the request of the tenant, in practice many management companies reduce the fee. In addition, after checking the meters, based on clause 61, the supplier will be obliged to recalculate based on actual consumption. In any case, it would not be superfluous to submit an application for recalculation.

What documents to prepare

To carry out recalculation, you need to provide documents. Their composition depends on the reasons for changing water payments. So, if you did not provide evidence due to temporary absence from your place of residence, you should prepare:

Statement.
A document confirming the fact of absence indicating the period: travel certificate, tickets, certificate of being treated in a hospital, and so on.

For recalculation related to low quality of services / lack thereof:

Statement.
Service verification report.
The results of an expert opinion, for example, on the composition of water, other evidence.

The management company does not want to recalculate: a complaint to the State Housing Property Inspectorate

In case of refusal, first contact the State Housing Inspectorate with a complaint about the actions of the Criminal Code. In it, succinctly indicate the essence of the problem, the reaction of employees of the management organization and other important information.

In some cases, only a complaint to the housing inspectorate can resolve disputes between the owners of residential premises in the apartment building and the employees of the management company.

Important! The result of the work of the State Housing Inspectorate over the previous year was the identification of a large number of violations of the law. This is mainly the provision of low quality housing and communal services. In addition, many residential buildings are included in the list of emergency and dilapidated buildings.

It makes sense to contact the housing inspectorate if there is no response to repeated complaints to the management organization. If the problem cannot be resolved directly with the Criminal Code, or a gross violation of the Housing Code of the Russian Federation is revealed, also report them to the State Housing Inspectorate.

Before filing a complaint with the inspectorate, please read some of the nuances.

complaints to the State Housing Property Committee against the management company for free payment in word format

Ignorance of them may cause the application to be returned or refused:

Make your complaint only in writing. In it, briefly describe the situation that has arisen with references to the norms of the Housing Code and their violations,
back up your words with strong arguments. It is important that you complained to the management company many times, but there was no response to this. Evidence must be written,
Attach to the complaint an appeal indicating receipt marks or an extract taken from the telecom operator about calls made to ADS numbers. By now, all management companies already record telephone calls from clients. In the application it is enough to indicate the date and time of calls to the Criminal Code,
Make a complaint to the housing inspectorate in two copies. They will have one left. The second one will be returned to you, but before that it will be marked with the incoming number, date, surname and position of the employee who accepted the document.

If you were not given an acceptance note, then send your complaint by Russian Post by registered mail with acknowledgment of delivery.

ATTENTION! Look at the completed sample complaint to the State Housing Property Committee against the payment management company:

Where to go if cold water comes instead of hot water?

How to get water recalculation without a meter

If there is no metering device, there is still a chance to save money. But recalculation is available only if there is a confirmed lack of technical ability to install a meter (section 8 of Decree No. 354).

There are other features of recalculation:

it is possible if the period of continuous absence of the consumer from housing exceeds 5 days;
payment for sewerage is recalculated when recalculating the payment for hot water supply and hot water supply;
the cost of water for ODN is not recalculated.

To reduce your payment you need:

Write a statement indicating all absent residents, dates of departure and arrival, and reasons.
Attach documents confirming your absence to your application.
Submit an application to the service provider.

It is important to remember: if the tenant submits an application before departure, the recalculation will be made within 5 working days or no later than 30 days after the end of the period of absence.

Where to complain if a recalculation is refused

It is the responsibility of the supplier and management organization to change the amount of payment for water supply services depending on the circumstances. If the management company refuses to recalculate water costs, you can find leverage.

First, you should receive a written refusal from the company. You can complain about this refusal to the prosecutor’s office and Rospotrebnadzor. An appeal, supported by a written refusal and a copy of the application for recalculation, will become a reason for verification. If the requirements are justified, a recalculation will be made.

If the instructions of the regulatory authorities do not find a response, there is another chance to restore justice - a trial. It will also help in compensation for moral damage. You can go to court without going through the supervisory authorities.

Read more about where to complain about the Management Company.

Low quality of services

Hot water is expensive, the payment for it is a significant part of the amount in the receipt. Therefore, it is important that the accrual for this utility service is made correctly.

Not only the indicator of resource consumption is important, but also the quality of the water itself, its temperature (it must meet the standards).

If these requirements are not met, there is a compelling reason for recalculation. According to SanPiN standards, the water in the hot water pipes must have a temperature of at least 65 degrees, deviations during the day should not go beyond 3-5 degrees.

Perhaps the temperature is only slightly below normal, then the payment should be reduced by 0.1% for every 3 degrees.

IMPORTANT! If the water in the hot water pipes is below 40 degrees Celsius, it should be considered cold when calculating payments.

The consumer can control the quality of hot water supplies himself; in case of violation of the contract with the supplier and SanPiN standards, submit an application to the housing and communal services company servicing the house. Employees of this company are required to come to the applicant’s address within 2 hours after submitting the application and check his information .

An inspection report must be drawn up, one copy of which must be in the hands of the consumer.

Not all management companies will want to admit to the poor quality of their work. If an application about low water temperature in the hot water pipes was refused, no one came to check the information, you can invite your neighbors and draw up a joint report.

As a result, the management company will receive a significant fine from higher organizations. But a conscientious company will send its specialist, he will confirm the fact of cold temperature, this will become the basis for an application for recalculation.

In the application for recalculation, it is necessary to indicate in what period the service was provided of poor quality. Recalculation will allow you to return the amount that was unreasonably spent on paying for the service. But the money is not given to the consumer; it is credited to future utility bills.