Recalculation of hot water: Decree 354

According to Decree of the Government of the Russian Federation No. 354, owners of residential premises in an apartment building have the right to recalculate utility services in the event of the provision of utility services of inadequate quality or with interruptions exceeding the established ones, or in the event of a temporary absence of a consumer from the residential premises. The management organization servicing the apartment complex cannot refuse to make such a recalculation. Today we will tell you who, how and when to recalculate utilities.

Let us recall that on December 28, 2015, part of the Federal Law No. 176 of June 29, 2015, regulating the responsibility of management companies for the provision of low-quality utility services and incorrect calculation of monthly payments for them, came into force. According to the new rules, in the listed cases, the management company is obliged to pay a penalty to the owner (or owners) of residential premises.

The conditions for the provision of utility services by the management company to the owners of residential premises are determined in the management agreement of the apartment building . At the same time, the management company cannot refuse to include in the contract the conditions for the provision of utility services, or, in fact, to provide these services.

The management company selected at the OSS begins to provide utility services to the owners of residential premises from the date specified in the OSS decision on the selection of the management company, or from the date of concluding the management agreement for the apartment building, but not earlier than the date of delivery of the utility resource under the agreement concluded by the management company with the RSO.

The termination of the supply of utilities by the management organization occurs from the moment of termination of the management agreement for the apartment building, or from the moment of termination of the agreement on the acquisition of a utility resource concluded by the management company with RSO.

Recalculation of utility bills can be made in connection with:

• use of residential premises by temporary residents;
• provision of utility services of inadequate quality or with interruptions exceeding the possible duration;
• temporary absence of a consumer or consumers (or one of the consumers) of utilities in the occupied residential premises;
• payment by the management company to the consumer of penalties established by the Federal Law and the MKD management agreement.

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Recalculation for the period of temporary absence of a utility consumer

The consumer's absence from the residential premises he occupies for more than 5 full calendar days in a row is considered temporary.

• During the period of temporary absence of the consumer in a residential premises that is not equipped with an individual or general metering device, recalculation is made for the utility services provided in such premises, with the exception of heating and gas supply utilities supplied for the purpose of heating residential premises (this is provided for in subparagraphs “e” and “ d" clause 4 of the "Rules for the provision of utility services to owners and users of premises in apartment buildings").
• Recalculation of the fee for water disposal utilities is carried out only if the amount of payment for cold or hot water supply is recalculated.
• There is no recalculation of utilities for general house needs .
• If we are talking about two-part tariffs, then the recalculation of the fee for utility services is carried out only in relation to the variable component of the fee; the constant component of the payment (attributable to the residential premises occupied by the consumer) is not subject to recalculation.

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Nuances and grounds for recalculating water consumption

In order for the recalculation to proceed without problems, little is required from the consumer. It is necessary to install meters (it is advisable not to lose technical passports) and take readings in a timely manner.

In this case, we can distinguish 4 situations that are considered the basis for changing the amount in the receipt:

1. Incorrect information - intentional or accidental. It is detected during a scheduled inspection - a walk-through of apartments by employees. They record the differences and transmit the data to the settlement center, where the charges are adjusted. In some cases of recalculation after checking water meters, the next receipt may come with a minus sign, and you will not need to pay for housing and communal services for the next 2-3 months.
2. Violation of the rules for connecting to the central water supply system. The inspection report is drawn up by specialists of the management company. As a result, the tenant receives an order to correct the connection, as well as charges for unaccounted for water.
3. Interference with the work of the IPU. If the seal is broken, then recalculation will be made only from the date of its renewal. In this case, the application is accepted no later than three months from the date of detection of the interference - a security measure against unauthorized actions.
4. Low quality CG. If non-compliance with the standards is confirmed, a decision is made in favor of the apartment owner. At the same time, he has the right to demand compensation from the management company - the case is regulated by Part 4 of Article 157 of the Housing Code of the Russian Federation and Section IX of Resolution No. 354.

Complications of the situation with incorrect charging usually occur in the absence of metering devices, as well as in some cases.

If statements for 2021 were not submitted

It's worth starting with the main thing. By analogy with the concept of a statute of limitations, there is a limited period in which an application can be filed.

Conditions for recalculation of water by meters if readings have not been submitted for a long time:

1. Indications were not provided for 1 to 5 months. In this case, the metering device is considered faulty, and the charge occurs according to the calculated average monthly tariff. In this case, recalculation is possible only after the responsible persons have checked the condition of the meters. If the device is in working order and the seals have not been damaged, then you can submit an application.
2. From six months or more. Missing 6 billing periods in a row is grounds for refusing to reduce the payment amount. In this case, the management company is obliged to initiate an inspection of the IPU and take readings. This issue is described in more detail in paragraphs 59 and 60 of Resolution No. 354.

You should not miss the dates for submitting information from meters for too long, since the difference in tariffs is significant. In addition, it is worth taking into account unforeseen circumstances, due to which 2 missed months can turn into six months, making the loss of funds irrecoverable. This threatens the formation of debt in payment receipts.

If there are no meters

A separate point is recalculation for utility bills in apartments where a meter is not installed. Such cases are described in Section VII of the Resolution. The basis for this is the absence of the tenant for more than 5 days in a row.

There are two nuances:

1. Only recalculation for hot and cold water is provided. Water disposal for general house needs is not affected.
2. Documents must be attached to the application to confirm the fact of departure.

At the same time, it is possible to appeal to legislative acts only if it is determined that it is impossible to install a water meter. If the metering devices are not at the consumer's request, the application will be refused.

The state strictly suppresses attempts to abuse rights. For example, providing an apartment for rent during absence. If it is discovered that someone is living on the premises, at best a refusal will be received, and at worst - liability for fraudulent activities.

Recalculation for hot water of inadequate quality

The most significant part of the payment for utilities is hot water supply.

The definition of hot water supply provides specific standards that it must comply with:

1. Heat. The minimum DHW temperature according to SanPiN is 65 degrees. At the same time, the permissible difference for the daily period has been established - a discrepancy of up to 3 (daytime) and 5 degrees (at night). If barely warm water comes from a hot tap (below 40°C), pay at the cold water tariff.
2. If the hot water supply is “rusty”, then you can initiate a check. In practice, the method is of little use when water of inadequate quality is supplied continuously, most likely, scheduled work is taking place. In this case, it is difficult to prove the fact of violation of the terms of their duration.

To recalculate for low-quality hot water, a special formula is used.

Formula for recalculating hot water of inadequate quality

The period during which the hot water supply does not meet the norm is from 40 to 64°C. Higher is acceptable, lower is considered cold. For every three degrees less than normal, the cost of the service drops by 0.1%. The calculation algorithm is specified in paragraph 101 of the Rules.

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Example

For convenience of calculations, we will take a tariff of 330 rubles per square meter.

During the month, a resource with a temperature of about 55°C was supplied from the hot water tap, then hot water is recalculated as follows:

1. A multiplier is determined - 0.1% for every three degrees of deviation. Total, 0.3%.
2. The tariff is divided by the number of calendar days in the period. 330 / 30 = 11 rubles for every 24 hours.
3. The fee for 1 day, the coefficient and the number of hours in the billing period are multiplied - 11 * 0.003 * 720 = 23.76. This is the recalculation amount.

Please note: the reduction in service is calculated not in tenths, but in fractions of a percent, i.e. not 0.1, but 0.001.

Recalculation for hot water during planned shutdowns

If the hot water supply is turned off during annual work at Vodokanal, the conditions specified in Decree of the Gosstroy of Russia No. 170 must be met:

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• duration of events every 12 months. – no more than 14 days;
• consumers must be notified 10 days before disconnection.

In case of violation of deadlines, the fee is reduced by 0.15% for each hour exceeded. If the duration is met, then no recalculation for hot water will be provided.

Note: there are also maximum deadlines for unscheduled suspension. In case of emergency, the hot water supply should not be turned off for more than 4 hours in a row.

Procedure for registration of recalculation

Recalculation of the fee for utility services is carried out for the number of full calendar days of the consumer’s absence, not including the day of departure from the residential premises and the day of arrival to it.

The consumer is required to submit a written application for recalculation of the amount of payment for CG before the start of the period of his temporary absence or no later than 30 days after the end of this period. The management company must make a recalculation within 5 working days after receiving such a statement.

The management company recalculates the amount of payment for utility services for the period of temporary absence of the consumer specified in the application; this period should not exceed six months.

If, after these 6 months, for which the management company recalculated the amount of payment for the utility bill, the period of temporary absence of the consumer continues, he is obliged to again submit to the management company a written application for recalculation for subsequent billing periods in connection with the extension of the period of his absence. In this case, the management company recalculates the amount of payment for the management company for the period specified in this application, but no more than 6 months following the period for which the management company has already made a recalculation.

Along with the application for recalculation, the consumer is obliged to provide the management company with documents that can confirm the duration of his absence. If this was not done, or if the documents provided do not confirm the period of absence specified in the application, the management company has the right to charge utility fees in full. Also, the Criminal Code has the right to apply penalties for late or incomplete payment of utility bills (Part 14, Article 155 of the Housing Code of the Russian Federation).

In a situation where an application for recalculation is submitted by the consumer within 30 days after the end of the period of temporary absence , the management company makes a recalculation for the period of temporary absence of its client, which, as mentioned earlier, must be documented.

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Recalculating water charges

To receive a recalculation for hot and cold water, each resident of the apartment must separately contact the management company or the service provider company. This must be done no later than 30 days after your return.

When the water supply is turned off, each recipient of the receipt must apply, having previously documented the fact of the lack of water. The certificate is issued by the management company. You can draw up an arbitrary act of lack of water with the signatures of two neighbors.

The time to submit an application is 30 days.

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Required documents

If no one lived in the apartment:

1. Confirmation from the employer about sending on a business trip.
2. Certificate of inpatient treatment.
3. Confirmation of hotel payment.
4. Availability of temporary registration in another apartment.
5. Certificate from the dormitory of the educational institution.
6. A document from the HOA confirming residence on the dacha plot.

If water supply services turn out to be of poor quality:

1. An act with the date of inspection and the address of the premises.
2. Expert opinion (you need to contact Rospotrebnadzor).

Submitting an application

It is written in free form; you must indicate:

1. Details of the organization to which the application was sent (can be found on the receipt).
2. Personal information.
3. Address of the apartment where the violations occurred.
4. Statement of the request for recalculation.
5. Indication of the period and type of unsatisfactory service.
6. Reasons with documentary evidence.

What should be included in the application

A management company employee accepting an application from a consumer to recalculate the amount of payment for a management company must pay attention to the execution of this document. So, it must indicate:

• FULL NAME. each temporarily absent consumer
• day of the beginning of the period of temporary absence
• end day of such period

The application must be accompanied by documents confirming the duration of the consumer’s temporary absence. They may be:

• a copy of the travel certificate or a copy of the order to be sent on a business trip with copies of travel tickets attached;
• certificate of being treated in a hospital or sanatorium-resort treatment facility;
• originals of travel tickets issued in the name of the consumer, or their certified copies. If an electronic travel ticket was purchased, a printout of it is provided to the Criminal Code;
• invoices for accommodation in a hotel, hostel or other place of temporary stay or their certified copies;
• a document of the body carrying out temporary registration of a citizen at the place of his temporary stay in cases established by law, or its certified copy;
• a certificate from the organization providing private security of the residential premises in which the consumer was temporarily absent, confirming the beginning and end of the period during which the residential premises were under continuous security and the use of which was not carried out;
• certificate at the location of the educational institution, boarding school, special educational and other children's institution with 24-hour stay;
• a certificate from a consular office or diplomatic mission of Russia in the host country or a certified copy of an identity document of a Russian citizen containing marks of crossing the state border of Russia;
• a certificate from a dacha, garden, or vegetable gardening partnership, confirming the period of temporary stay of a citizen at the location of such a partnership;
• other documents confirming the fact and duration of the consumer’s temporary absence from the residential premises.

All these documents, except for travel tickets, are signed by an authorized person of the organization issuing them, they are affixed with the seal of this organization, and assigned a registration number and date of issue. If documents are drawn up in a foreign language, they must be translated into Russian.

All copies of documents confirming the terms of the period of temporary absence of the consumer must also be certified. If the consumer provides the management company with both an original and a copy of one of the above documents, the management company must carry out a reconciliation, make a mark on the copy indicating its authenticity with the original and return the latter to the consumer.

The management company can make copies of any documents provided to it by the consumer, verify their authenticity and the completeness of the data disclosed in them.

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Recalculation for provision of CG of inadequate quality

Utility services provided by the management company to the consumer must comply with the requirements specified in Appendix No. 1 (Resolution of the Government of the Russian Federation No. 354).

The amount of payment for CG, if it was provided by the CM to the consumer in inadequate quality or with interruptions exceeding the possible maximum duration, for the billing period may be reduced, in some cases, even to the point of exempting the consumer from payment.

If you have any questions, you can always contact us for advice. We also help management companies comply with 731 RF Regulations on the Information Disclosure Standard (filling out the Housing and Communal Services Reform portal, management company website, information stands) and Federal Law No. 209 (filling out the Housing and Communal Services GIS). We are always happy to help you!