Can hot water be turned off for non-payment in one apartment - the law, the procedure for shutting off, liability for violations

Legal requirements for the procedure

The provision of housing and communal services to citizens is regulated by the Rules approved by Decree of the Government of the Russian Federation No. 354 of 05/06/2011. According to this document, the supplier may suspend or limit the provision of services after sending a preliminary notification to the debtor.

The consumer must be familiar with the warning 30 days before the expected sanctions.

The grounds for suspension of the service are considered to be:

1. Non-payment within three months.
2. Incomplete payment for the same period after receiving notification from the supplier.
3. Violation of the debt repayment agreement concluded between the debtor and the supplier.

The same document states that, according to sanitary standards, it is prohibited to suspend the supply:

• cold water;
• heating;
• gas intended for heating;
• sewerage.

Without them, the premises automatically become unfit for habitation, therefore, the Housing Code of the Russian Federation is violated. A direct ban on turning off cold water and heating is contained in paragraph 307 of the Decree of the Government of the Russian Federation.

Utilities have the right to turn off:

• hot water;
• electricity;
• intercom;
• gas intended for cooking.

Valid reasons for non-payment

According to the Rules, there are several reasons why water, like other services, may be turned off without prior warning to residents.

This can be done in the following cases:

• in case of an emergency in utility networks;
• in case of natural disasters;
• if there is a fact of unauthorized connection to utility networks;
• upon receipt of an order to disconnect the service due to the unsatisfactory condition of engineering systems.

Also, water can be turned off during maintenance or maintenance of utility networks. In this case, residents must be warned about this disconnection 10 days in advance.

To avoid sanctions for non-payment and other penalties being applied, the person must prove that he has good reason for non-payment.

There are cases when the family income is below the subsistence level. Thus, if a family’s income does not even reach the lower level of the subsistence level, the family is considered poor. Low-income families are provided with benefits for services. It is imperative to confirm that family members are not employed.

Very often, employers delay payment of wages to their employees. If a person cannot pay utility bills on time due to his employer, because he does not have enough finances, then these circumstances are considered valid. A mandatory condition in this case is the provision of a certificate from the place of employment indicating the period from which the employee will not be given money.

If you fall into debt, having dependents softens the terms of payment. If your family has small children who directly depend on you and your income, and you have not reached the subsistence level, then the state provides assistance to such families. If you have elderly relatives of retirement age or disabled people living with you, this is definitely a valid reason for the debt.

In such cases, the state provides one-time one-time assistance in the form of financial assistance. This lump sum cash payment is called a subsidy. It is issued for six months for each family member. If the rent debt continues to grow after two months after the provision of financial assistance, subsidies are canceled and penalties are introduced.

It is not uncommon to hear people complaining about water being turned off without notifying them. The reasons for such shutdowns may be emergencies or the threat of accidents in utilities. Hot water may suddenly be turned off due to emergencies in the city. In winter, some areas of the water supply system cannot withstand frost, and cracks appear in the pipes.

In small towns, this phenomenon is not uncommon; water from pipes flows onto the roads and freezes. Ice appears on the roads and emergency situations arise. An emergency situation may arise due to a natural disaster. To avoid such global problems with water, water supply systems must be regularly checked, and pipes must be replaced with new ones after their expiration date.

The reason for the disconnection may be the unauthorized connection of your equipment to the central riser in the basement of a multi-story building. When people use high-power appliances and the network is not designed to handle such loads, failures and accidents can occur. In such cases, turning off the water is inevitable.

When the amount accrued for payment is not repaid in full, it is also possible to suspend the water supply.

Before repair work and maintenance, residents must be notified of the shutdown of housing and communal services ten days before the work is carried out. When repair work is completed, water supply must be restored within two days.

Procedure for turning off water for non-payment

Restriction of water supply to the defaulter is carried out in the following order:

1. The debtor is sent a notice of the expected suspension of water supply if the debt is not paid within 30 days. The warning is delivered by registered mail or handed to the addressee against a signature (read more about the rules for drawing up various documents about turning off water here).
   A properly drafted warning should contain the following points::
   • full name of the debtor;

   residential address;

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2. account number;
3. debt period;
4. amount of debt;
5. debt repayment date.
6. If the debt is not repaid within the allotted time, the service provider will limit it, if such a technical possibility exists. The management company is obliged to additionally warn the consumer 3 days before the proposed actions.
7. The utility supply restriction is in effect for 30 days . If the debtor does not take action to pay the debt within the allotted time, the utility service is turned off.
8. Suspension of water supply does not mean that the debtor may not pay the resulting debt. The supplier has the right to recover funds through the court.

Warning about turning off water for non-payment, sample

Temporary resource blocking

According to the law, people have the right to turn off the water supply without prior notice only temporarily if a natural disaster or force majeure occurs (pipeline or heating pipeline failure), as well as when a threat of an emergency is identified. The law does not provide for any further cases of disconnection without notification. Even if this is a planned shutdown, the management company is responsible for notifying residents at least three days in advance.

You don’t need to think long about the example, since everyone knows the planned summer shutdowns of hot water, when repair and maintenance work is carried out on the utility systems of apartment buildings.

Without notification, the management organization has the right to turn off utility services due to the fault of residents, for example, when:

• The owner of the apartment connected to any engineering system without permission;
• Communication systems in the premises are in disrepair, due to which there is a clear threat of flooding for residents;
• The owner of the premises was responsible for the accident;
• The owner or tenant made illegal changes to the communication structure (activities without permission, not coordinated with the regulatory authority, such as moving a radiator to another location or to a balcony);
• The authorized bodies issued a corresponding order.

We invite you to read: Valid reasons for voluntary dismissal

How is it done?

Restriction or suspension of the supply of utility services is possible only if these actions do not cause inconvenience to other owners of the premises and do not create a threat of harm to the common property of the apartment building.

Turning off hot water for non-payment in a separate apartment is carried out by shutting off or welding the pipes . Often, defaulting owners try to prevent utility workers from allowing them into the apartment. But such a position can lead to additional expenses.

Non-payers can install a plug on the water supply pipe from the basement of the apartment building using a special device. This manipulation is carried out for a certain cost, which managers also collect from the debtor.

As a result, the owner will have to pay the arrears in utility payments, late fees, and the cost of installing and subsequently removing the plug from the pipe.

IMPORTANT . Non-payment within 3 months must be in full. If during the specified period the owner of the premises paid at least one ruble for water supply, disconnection for debts will be considered illegal.

Amount owed when water is turned off

The owner of the property is obliged to timely pay for the provided household needs. The premises can be purchased, received by donation or in another way, but the specifics of payment do not change. This is indicated by paragraphs of the Housing Code. They clarify that the obligation to make contributions for economic services applies to all people who live in privatized and municipal premises.

Often, utility prices when staying in a private house are slightly lower than the state cost grid. Therefore, before entering into an agreement with any service provider, it is necessary to familiarize yourself with their tariffs.

The country's legislation says that a person who does not pay for any utility needs for more than three current calendar months becomes a defaulter. If this continues for more than six months, the tenant becomes a malicious defaulter.

When a citizen is in a municipal apartment, he pays rent along with utility bills. However, in order not to fall into the category of malicious debtors, he can pay for some services once every six months.

But there are also additional rules that apply here. For frequent such tricks, a person can be evicted to a hostel. The provided six square meters are unlikely to please the settler. Of course, such cases occur infrequently; for this, the city must have reserve funds, which is not standardized everywhere.

When and what services can be disconnected for non-payment.

If a small child lives in the apartment, it is almost impossible to complete such a procedure. The easiest way is to turn off the hot water in one apartment for debts. Gorvodokanal employees can install plugs on the main pipes, which, of course, is an illegal act. The supply of gas and light is limited.

The tenant is given a notice of repayment of the arrears, which indicates the payment period. If the debts are not canceled within the given time, penalties for housing and communal services begin to accrue. The State Housing Code, article number 155 indicates that the penalty is calculated after ten days of no overdue payment.

Actions of the debtor in case of illegal disconnection

If a citizen believes that the water supply was turned off by suppliers illegally, he must act as follows:

1. Send a written application to the management company with a request to restore the water supply and recalculate for the period of shutdown.
2. If water does not appear in the apartment within three days, a claim is filed to be sent to Rospotrebnadzor and the Prosecutor's Office. A copy of the statement sent to the management company is attached to the claim.

The owner of the premises may also file a claim in court.

The claim is accompanied by photos and videos confirming the lack of utilities in the apartment, as well as witness statements.

Effective evidence is an inspection report drawn up in the presence of two witnesses.

You can find out more about where to complain about illegal shutdown of hot water and heating here.

How to restore water supply after a legal shutdown?

Disconnecting an apartment from the water supply and blocking the sewerage system certainly causes a lot of inconvenience and interferes with normal life, especially if there is a small child in the family, so every tenant wants to get rid of these inconveniences as soon as possible. But he often resorts to measures that are not entirely legal, that is, he tries to dismantle the locking systems himself using improvised means.

Such actions in most cases lead to violations of the integrity of the sewer system, which, in turn, will inevitably entail penalties for the damage that was caused.

If you are truly a persistent offender and all the measures taken against you by public utilities are justified from the point of view of housing legislation, then you will be able to regain your water supply, and thereby comfortable living conditions in your home, only if you pay off all debts to service providers.

You have two options for repaying the debt:

1. Pay the accrued amounts in full, preferably in one payment. After funds are received into the account of the management company or water utility, within two days the water supply will be resumed and all plugs from the sewer drains will be removed. This procedure must also be paid by the person from whom the debt is collected.
2. If your financial situation is quite deplorable and you cannot afford to pay off the entire amount of the accumulated debt, however, you have a desire to cover the debt, then the utility services can and probably will meet you halfway. What to do? In such a situation, it is envisaged to conclude an agreement between the subscriber and the resource provider on the restructuring of the stuck debt. This means that the amount you must pay is divided into parts that are repaid within the terms specified in the contract. And then the water will return to your home again.

At the same time, do not forget to make current payments.
If this does not happen, and debts begin to accumulate again, then you may again find yourself without water, because in such a situation its supply may be turned off again, and this can be done without warning. Since installment plans cannot be provided to all defaulters, what should you do to get it?

The following options are possible:

• if non-payment of utilities is caused by delay in payment of wages. Then you need to contact your management company with a document from the place of work, which confirms this delay, indicating from what time payment has not been made;
• if all family members collectively have an income that does not reach the subsistence level. Then each person living in the apartment provides a certificate from their official place of work (or study, employment center). If you are not officially employed or are not employed, you will not receive the status of a low-income family;
• the presence of the status of a large family, as well as children under the age of majority, family members with disabilities who require costs for their treatment, maintenance, training, confirmed by documents, makes it possible to receive installment plans or subsidies;
• if you temporarily lost your job, this will also be a valid reason.

Due to these reasons, you have the right to both defer payment (or pay it off in installments) and to receive financial assistance from the state to cover the debt to the utility service. This subsidy is valid for six months, however, it is very easy to lose it if you just fall behind on your utility bills more than twice in a row.

How to make a claim and complaint?

There are no unified forms for drawing up claims and complaints, so they are drawn up according to the general rules for drawing up business papers:

1. The management company's claim is drawn up in the name of its director. The document contains the following points:
   • name of company;

   personal data of the applicant (full name, address, contacts);

2. the essence of the claim with references to the norms of law. In this paragraph, it is necessary to indicate the illegality of disconnection due to lack of notification or partial payment;
3. the requirement to restore the supply of utility services within a specific time frame and recalculate payments for the period of shutdown;
4. date and signature.

The claim must be accompanied by a receipt for payment of the invoice (if available).

Sample complaint from the management company about turning off hot water.

5. A complaint to the Housing Inspectorate or the Prosecutor's Office is filed after receiving a negative response from the Criminal Code or when the consumer's requirements are completely ignored. It is drawn up in the name of the head of the organization and includes items:
   • name of company;

   personal data of the applicant;

6. description of the circumstances of the case indicating the fact of illegal water shutoff. This paragraph describes filing a claim with the Criminal Code and reports the content of the organization’s response;
7. please evaluate the actions of the management company’s employees;
8. date and signature.

Attached to the complaint is a copy of the complaint sent to the Criminal Code and the response received from it.

9. A statement of claim is filed in court after receiving a response from the regulatory authorities. provided that the problem has not been solved or if it is possible to prove the moral damage caused by the shutdown. Such cases are within the jurisdiction of district courts, so you need to contact this organization.
   The document is drawn up according to general rules and includes points:
   • name of the judicial authority;

   plaintiff's details: full name, residential address, telephone number;

10. details of the defendant: full name of the management company, full name of the director, legal address, telephone number;
11. statement of claims. This paragraph describes the circumstances of turning off the water supply, the date of filing a claim with the Criminal Code and the content of the response. You can also describe the circumstances of contacting regulatory authorities. Your own claims must be supported by references to the violated norms of the law;
12. We request that it be illegal to turn off the water supply based on current legislation.

Attached to the statement of claim are copies of the claim to the Criminal Code and the complaint to the regulatory authorities, as well as the responses received from these organizations.

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IMPORTANT . The outcome of the case when going to court directly depends on the correctness of the statement of claim. Therefore, it is more advisable to seek help in its preparation from a qualified lawyer.

Actions of the apartment owner when the water is turned off

Incidents often occur when the heating network turns off the water without advance warning. The supplier is obliged to restore the provision of economic needs, even if there is a large debt for the resource. Then the utility structure must give written notice and provide 30 days to repay the debt.

However, if a tenant has a complete arrears for the last three months, the first can pay a few rubles to be transferred from the category of debtors.

Complaint about illegal disconnection

If heating network workers cut off water to a debtor without warning or unreasonably stopped supplying a resource without a debt, citizens have the right to resort to the following actions:

1. Contact the management company in writing with a request to restore the interrupted water supply. The text of the application may contain a reference to Resolution No. 354 and the recalculation.
2. If the submission has not been resumed within 3 days, file a claim to be sent to the prosecutor’s office and Rospotrebnadzor.
3. Apply to the magistrate with a petition to restore economic needs.

To create an evidence base, you will need to collect some documents.

These could be:

• photographic and video shooting;
• testimony of other residents of the apartment, neighbors of the entrance;
• invite home employees of the management company, homeowners association or housing office to draw up an act.

Of course, you can’t often count on the latter; the heating network will interfere with the formation of this document. Then you need to request an official written refusal.

Samples of claims for illegal water shutoffs

A written request to resume an illegally disabled service is submitted to the responsible employee of the company or sent to its address by registered mail with notification. When visiting the organization in person, the claim should be submitted in two copies. The first will remain with its management, the second will be stamped with receipt indicating the date and signature.

Sample application for the resumption of housing and communal services in the event of illegal disconnection.

There is no standardized form of demand; therefore, it is drawn up according to the general conditions for drawing up business documents.

The information should be here:

• name of the municipal institution;
• full name of the manager;
• FULL NAME. the applicant, his registration address, cell or landline phone number;
• the essence of the requirement with references to legislation;
• the illegality of the organization’s actions if the shutdown occurred without prior notice or partial payment;
• the requirement to resume the supply of a business service indicating the acceptable time limits and to recalculate for the period of its absence;
• date of filing the complaint, personal signature.

The claim is supplemented with a payment receipt showing that there is no debt.

The management structure is obliged to give a reasoned written response within 10 days after receiving the complaint. Rospotrebnadzor, Housing Inspection or Prosecutor's Office feedback within 30 days. You can submit a claim to the last resort after a written negative response from the heating network or the absence of any response.

The complaint must contain the following information:

• structure name;
• personal data of the citizen;
• description of the illegal shutdown of hot water, negative response from the management company;
• request for assistance in fact;
• date, signature.

The copy is supplemented with copies of the complaint against the heating network and its response to the user.

Below are complaints to regulatory authorities:

You can see an example of writing an appeal to the Prosecutor's Office at this link.

Complaint form for lack of hot water.

Responsibility of the management company for illegal disconnection

The law provides for liability of suppliers for illegally turning off water:

1. Administrative liability - a fine of 500 to 1,000 rubles for officials and from 5,000 to 10,000 rubles for legal entities.
   This measure is applied by regulatory authorities if violations are established (Article 19.1 of the Code of Administrative Offenses).
2. Criminal liability is established by the court in the event of material or moral harm being caused to the owner.
   The act carries a fine of up to 200,000 rubles and imprisonment of up to 3 years.

   If a person’s death occurs as a result of illegal actions, imprisonment is possible for up to 5 years. In addition, a ban is imposed on the right to hold leadership positions for three years.

3. Arbitrariness is punishable by a fine of 80 thousand rubles (or in the amount of six months' salary) or forced labor for up to 200 hours.
   If there are threats against the debtor, arrest for up to six months is applied. In exceptional cases, the court increases the term to 5 years (Article 330.215 of the Criminal Code).

If the disconnection is declared illegal due to lack of notification, the debtor receives a paper and is given a 30-day period to repay the debt. You will have to pay the bills anyway.

The illegally turned off water supply must be restored within three days, and payments must be recalculated.

Methods for filing a claim with the Criminal Code and response deadlines

A claim to the management company for illegal shutdown of water supply can be submitted to the responsible employee or sent to the organization by registered mail with notification. When submitted in person, the claim is drawn up in two copies . The receiving employee must sign and date the copy remaining with the applicant.

A response from the management company must be received within 10 days from the date of receipt of the claim. A response to a complaint to Rospotrebnadzor, the Housing Inspectorate or the prosecutor's office must follow within 30 days. If organizations violate the deadlines for taking measures, the consumer should file a claim in court.

The consumer is obliged to pay for the services provided to him in a timely manner and in the proper amount, so that the management company does not have grounds for turning off their water. If managers exceed their authority and turn off the water illegally, it is worth calling them to account and restoring their own consumer rights.

What to do in case of illegal shutdown

If an individual believes that the suspension of services was carried out illegally, he needs to submit an application to the Criminal Code, demanding restoration of the supply of housing and communal services and recalculation for the time of non-provision of services.

If the application has not been resumed within 3 days, the complaint must be submitted to the prosecutor’s office and Rospotrebnadzor. It must be accompanied by a copy of the application that the owner filled out with the Criminal Code. It is also possible to file a claim in court. It must be accompanied by photo and video materials that confirm the absence of certain services, and testimony of witnesses. An inspection report drawn up in front of 2 witnesses will serve as irrefutable evidence.