Home / Judicial defense / Fine for lack of water meters 2021
The new rules for verifying household meters came into force on September 24, 2021, from that moment the amendments to Federal Law-102 dated June 26, 2008, introduced into it by Federal Law-496 dated December 27, 2019, gained legal force. Now the meters will be verified in the following order:
In accordance with paragraph 81 of Resolution No. 354, equipping a residential premises with individual metering devices is the responsibility of the owner. This means that he is obliged to purchase and provide installation at his own expense, paying for the appropriate services of a person authorized to maintain cold water supply networks and who has the necessary knowledge and permission to perform such work.
Russians were reminded of the end of the moratorium on checking water meters
- An apartment building belongs to the category “building with low energy consumption”.
- The building is deemed unsafe or dilapidated by regulatory authorities.
- If communication systems are faulty and require replacement.
- It is impossible to read meter readings due to the design of the water wiring.
— If the benefit expires from October 1 to December 31, it will continue to be provided automatically. The subsidy will be accrued for the next six months without application and in the same amount. Options are now being considered to extend the simplified procedure for receiving benefits until the spring of next year. True, at the moment this issue has not yet been resolved,” said Erdni Mandzhiev, a lawyer at the European Legal Service.
Major changes
Let me briefly recall the essence of the new law. We are talking about Decree of the Government of the Russian Federation No. 554 of April 18, 2021, which came into force on July 1, 2021. A lot has been written about this law, and the main point was that now the replacement or purchase of a new meter must be carried out by resource supply organizations, and not by the owners, as was previously the case. Verification now also occurs at the expense of the resource supplier. These organizations have 6 months to install or verify the meter after the owner applies.
How responsibility has changed
Recently, legislation in the housing and communal services sector has undergone a number of changes. The changes especially affected the metering device. This is a very important topic, because the main amount in the receipt is charged for the consumption of resources, and this is water, electricity and heating. All these resources can be controlled thanks to meters, thereby eliminating overpayment, as was the case before, when some residents paid for others due to the equal distribution of payments among everyone. A simple example. There are 40 apartments in the building and 100 people are officially registered, but in fact 130 live, of which 30 are not registered. Water consumption in this case will be higher, but cubic meters were distributed only to 100 people who are officially registered. As a result, residents were forced to pay part of these costs for others. But let's move on to the essence of the issue. Let's consider a fairly common question that residents ask under the new law, what responsibility do they now bear, and in fact, the responsibility for metering devices has really changed.
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— the approved consumption standard for cold water supply utilities (for apartment buildings or residential buildings with centralized cold and hot water supply with bathtubs 1500 - 1700 mm long) per person per month is 4.85 cubic meters. meter/person
Significance of the test
The essence of water meters is to obtain accurate information about the consumption of the resource, so that the owners of living space do not overpay for the volume that they did not use. That is why it is important to monitor the serviceability of the metering device and replace it on time.
Cold and hot water have different effects on equipment. For example, due to chemical additives that interact with high temperatures, hot water is very aggressive in its effect on the mechanical parts of the meter. In this regard, it is necessary to check the hot water meter more often than the cold water meter. However, checking does not mean that the equipment will have to be changed. It is likely that the device will simply be installed in its original place and sealed. Replacement is required when the service life expires or when it breaks down if repair does not correct the problem.
For hot water meters, inspections are carried out every four years, and for cold water meters - every six years. The service life itself is listed in the technical passport of each device; depending on the model, it can be six, twelve or eighteen years.
Housing and communal services in Russia
This act did not affect water consumption control devices. Now that the question of the mandatory installation of gas meters is no longer an issue; water meters will have to be installed in any case, the public has begun to look for ways to either not do this at all, or how to do it cheaper.
If there are no water meters, what is the fine in 2021?
Water meter A water meter is a device designed to measure and account for the volume of water passing through the water supply system at the location where the meter is installed. The counter had a vane design and transmitted the rotation of the impeller to the dial through a gear counting mechanism. Vortex ultrasonic meters for industrial use were first introduced in Japan in the city. Water meters entered everyday life in the city.
Government Decree No. 354, paragraph 62 states that unauthorized connection of metering devices and other indoor equipment to water supply networks is prohibited. If the controller detects such a violation, the following actions are taken:
This is the reason for the conflict. Self-installation of a water meter is not prohibited; employees of customer service departments even offer the option of installing a water meter by the owner or a hired specialist. But! This requires:
Mandatory replacement of water meters with electronic ones
- notify the management company, DEZ or resource supply organization (depending on where exactly the service contract was concluded);
- the presence of a controller or an authorized specialist of an accredited company.
Thus, the verification was not canceled; it could not have been carried out due to the coronavirus, but now it has again become mandatory. If you send data from a meter that has not passed the next verification, the first three months will be charged according to average indicators, and then according to the standard with an increasing factor of 1.5.
Differences between metering devices
Since the main task of metering devices is to obtain the most accurate information about the amount of resource consumed, it is extremely important that they work properly. Any deviation from the norm already indicates that the information provided is incorrect, which means that the owner, in case of a late response to this, has the right to be required by law to pay tariffs with increasing coefficients. Considering that, as a rule, equipment is installed, on the contrary, to save on paying for this utility service, this is a very unpleasant moment. Moreover, tariffs are regularly increased, and the payment amount is calculated based on the number of registered people.
You need to know that absolutely all metering devices are subject to scheduled inspections and have a limited service life. The hot water meter is checked more often than the cold water meter. This is due to the fact that mechanical parts of equipment in contact with high temperatures, to which chemical additives are added, are susceptible to aggressive influence and quickly become unusable, requiring repair or complete replacement. The frequency of their inspection is, accordingly, less than that of similar equipment that calculates cold water consumption.
End of the moratorium
Thus, the verification of water meters raises the most questions. During the pandemic, the rules for checking water meters were suspended; in 2021 (Resolution of the Government of the Russian Federation No. 424 of 04/02/2020) they began to operate again.
Why is meter verification needed?
First of all, it is recommended not to delay verification after the end of the moratorium. In Moscow in 2021 and other regions, verification delays, rushes and queues in specialized organizations have already been recorded.
On December 19, a law came into force prohibiting advertising of devices and various instructions that can be used to distort data on household meters. It should be recalled that the law provides for liability for those who take information from such advertising into service. The Parliamentary Newspaper looked into how those who are tempted by the opportunity to pay less for utilities can be punished.
If, as a result of such actions, large damage was caused, that is, over 250 thousand rubles, criminal liability arises under Article 165 of the Criminal Code in the form of a fine in the amount of up to 300 thousand rubles or in the amount of the convicted person’s income for a period of up to two years. Imprisonment for up to two years with a fine of up to 80 thousand rubles is also possible.
One cheats, but everyone pays
According to Article 17 of the Administrative Code, persons who unauthorizedly use electrical and thermal energy, as well as gas, must pay a fine in the amount of 10 to 15 thousand rubles, officials - from 30 to 80 thousand rubles, legal entities - from 100 to 200 thousand rubles.
As for new buildings put into operation after the Law came into force, they must definitely be equipped with all the necessary meters: gas, water and electricity. This means that all residential premises must be put into operation with such devices.
- Without removing the meter. Specialists go to the site and perform water meter tests. As a result, the owner receives a certificate indicating the date and test results. This is convenient for residents - you just need to provide unhindered access to the meter - and requires minimal time.
- With the counter removed. Representatives of the company dismantle it, take it to the laboratory and take measurements there. If they find a small problem with the mechanism, they can fix it and install the meter back. In the case where the meter is checked on site, nothing can be corrected. Therefore, the master may offer to remove it and take it for repairs or issue a certificate with a conclusion on replacement.
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Rules for installing water meters in a private house in 2021
The homeowner himself is obliged to monitor the end of the inter-inspection period and promptly contact specialized organizations involved in inspection and issuance of the relevant act. You can find out the expiration date of such a period from the meter installation report or the previous verification report. We do not recommend postponing the verification procedure until the last few days, but take care of it in advance.
- purchase water meters for hot and cold water;
- contact a specialized service to install them;
- After installing and checking the operation of the equipment, contact the management company to register the device and register it.
Approved dates
Before talking about what time meters really need to be changed, it is necessary to take into account the intervals for checking water meters. For example, equipment for hot water is checked once every four years, for cold water - once every six years. If, as a result of the inspection, no faults were identified or they were eliminated, there is no need to change the water meters. They continue to serve either until the next inspection or until their useful life expires.
It is worth noting that the service life of water metering devices is not the same for all models. On average, they last twelve years, but one model may be designed for only six years, and another for eighteen. You can find out about the operating time when purchasing new equipment, as well as by looking at the technical passport. It must indicate this period, that is, an indicator of when this model needs to be changed if a breakdown or other damage has not occurred earlier.
The owner of the real estate must monitor the expiration of the service life. You need to deal with replacement issues not when the device is no longer suitable, but at least a month before, or even a month and a half before. As for scheduled inspections every few years, they also cannot be skipped, but they are usually reminded of them with written notices that come along with payment receipts.
Who should install the meter?
Law No. 261, adopted in 2009, stipulated the obligation to install meters, but there was no mechanism for applying penalties for failure to comply. Therefore, no one imposed a fine for failure to install a meter. Only seven years later, adjustments were adopted, according to which sanctions began to be applied to citizens who did not install metering devices for purely subjective reasons.
Sanctions for failure to install
According to current legislation, all residential property owners must install a water meter. This norm has been in effect for several years, however, even now there are apartments and houses where there are no metering devices. The reasons are standard: poor awareness of citizens, high cost of equipment, or others. At the same time, installing a meter provides a significant reduction in utility costs. In its absence, the calculation is carried out according to the average standard water consumption per person. This standard exceeds the actual consumption several times, since it includes not only the actual consumption of the resource, but also possible leaks and illegal use. As a result, the total payment takes a significant hit on the budget, especially if several people live in the apartment.
At the same time, paragraph 84 of Rules No. 354 provides for the obligation of the utility service provider to carry out the inspection provided for in paragraph 82 of Rules No. 354 if the consumer (the owner of the premises or a person using the premises in an apartment building consuming utilities on another legal basis) fails to provide evidence to the contractor individual or general (apartment) metering device for 6 consecutive months no later than 15 days from the date of expiration of the specified 6-month period, another period established by the agreement containing provisions on the provision of utility services, and (or) decisions of the general meeting of premises owners in an apartment building.
Water meters: how are the responsibilities of the apartment owner and the management company distributed?
— 3 months – the period of unauthorized intervention in the operation of the metering device, determined in the specified amount due to the fact that interference in the operation of the metering device was allowed on July 20, 2021 (more than 3 months from the date of establishment of the fact of unauthorized intervention) and the last check of the condition of the metering devices was carried out 6 months ago;
How is it determined: was there interference with the operation of the meter?
What sanctions are faced by the apartment owner if (real or imaginary) interference with the operation of the water meter is discovered during the inspection? We are publishing clarifications from the Department of Housing and Construction Supervision of the Sverdlovsk Region on this issue
If you don't like this, you just need to install a water meter. It will show the real number of cubes used, and accordingly, you will pay much less. However, unless you really consume a lot of liters per month.
How to calculate the fine
In situations where, during a routine check of water supply metering devices, the use of any additional devices and items that affect its stable operation was revealed, a fine will be issued against the apartment owner.
The cost of a fine for a water meter is calculated using the following algorithm:
- The date from which the water meter does not operate normally is determined. Water consumption is recalculated. The resulting value is increased tenfold and multiplied by the current tariff.
- If it cannot be determined in the absence of evidence and testimony, then the amount of the penalty is calculated based on the date of the last check of the metering devices. In situations where for some reason the inspection was not carried out, the amount of the fine is calculated over a three-year period.
If it is not possible to determine the date from which the water meter is working incorrectly, and accordingly, it is impossible to determine the amount of stolen resources, then the average value of water consumption for one day is taken as a basis, increased tenfold, multiplied by 1096 days (the number of days in 36 months). The resulting value is multiplied by the current water tariff. The final result is the amount of the fine.
Are water meters needed?
But many are concerned about fines for not installing meters. Which, in fact, is completely absent. And you don’t have to be afraid that someone will come to your house and forcefully install meters, despite your resistance. The regulatory documents say that the citizen will have to provide the inspector with access to the apartment, but there is no word that he must give the go-ahead for the installation of the meter.
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Situations in which the counter cannot be set
Despite the fact that three years ago the state was quite strict about the installation of counting devices, the population was in no hurry to purchase them for use. Why did this happen, despite the fact that they offered almost free installation of devices? The following reasons will help you understand:
In private homes, metering devices are safer than in a standard apartment building. However, whatever the reasons for the absence or damage of the seal, in any case, a fine for breaking the seal will be issued to the owner of the residential property.
Organization of inspection
Regardless of who changes the water meter in the apartment, checking the previous device is paid and its cost fluctuates within one thousand rubles. The payment method is not important. This can be done even without leaving home via the Internet. The organization of the inspection itself is also simple, however, you will have to decide how exactly the inspection will be carried out.
Ways to check water meters:
- Dismantling of the water meter with inspection by specialists from the water utility;
- Mandatory inspection of equipment with the involvement of a licensed specialist from a private organization (the license must be state-owned and not expired);
- Dismantling the meter and checking it by a private licensed company is the same procedure as in the case of a water utility, but faster.
Each owner of a real estate property has the legal right to choose the inspection method, that is, to decide who exactly will do it and how. However, it should also be taken into account that private organizations provide services, the cost of which is higher than that of the water utility.
To officially and correctly replace the meter, you will need a valid reason, since this fact must be recorded.
Fine for violating the integrity or breaking the seal
The discovery of a magnet on a device is recorded by an act in the presence of the electricity consumer or a person who has the right to represent his interests. The completed document is signed by both interested parties. If the electricity buyer disagrees, he or she will file written objections, indicating in them that it has nothing to do with the installation of the magnet on the meter.
Unmetered and non-contractual electricity consumption
When trying to recover money from the violator, representatives of the supplier organization may warn the customer about criminal liability. You should know that the absence of a seal on an electricity meter or the installation of an unsealed meter in an apartment is an administrative offense, liability for which is regulated by the provisions of the agreement concluded by the parties and the Code of Administrative Offenses of the Russian Federation.
Water protection zone is a territory that is adjacent to the coastline (the boundaries of a water body) and on which a special regime for carrying out economic and other activities is established in order to prevent pollution, clogging, siltation of water bodies and depletion of their waters, as well as to preserve the habitat of aquatic biological resources and other objects of flora and fauna. Coastal protective strip is a territory within the boundaries of water protection zones with additional restrictions imposed on plowing land, placing dumps of eroded soil, grazing farm animals and organizing summer camps and baths for them.
Many citizens resort to various methods and methods of saving in order to deceive water consumption meters, thereby reducing the monthly payment. It is necessary to understand that all manipulations of this kind are a direct violation of current legislation and are punishable by a fairly large fine. In this regard, it is necessary to consider this point in detail.
Will a magnet help?
Very often, various Internet resources describe the possibility of deceiving utility metering authorities using a powerful magnet. In fact, the effect of this method is small. Moreover, a magnet will only help with older models of meters that operate by moving a metal disk.
It is not possible to deceive modern meter models using a magnet. It is also worth noting that common meters are installed in each apartment building, which keep total records of water consumption from all apartments.
Accordingly, even if you manage to somehow deceive the metering device, this will be revealed at the end of the month, when the indicators of meters in apartments will be compared with the general building metering devices.
