What you should know about drawing up an act on unmetered energy consumption

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Published: 05/30/2021

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It is difficult to imagine a modern home without a large number of appliances that regularly consume electrical energy. Therefore, for people, a power outage is a real disaster. To enjoy modern benefits, you must pay for electricity on time, otherwise the relevant services will be able to suspend or turn off the supply of services. If a person does not transfer payments for housing and communal services, in particular electricity, for too long, then he risks receiving a certificate of disconnection of electricity for non-payment.

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It is difficult to figure out the legality of these actions on your own, so experts recommend familiarizing yourself with the regulations and consulting with a lawyer.


Possible actions of the consumer in case of power outage and their consequences

  • 1 Providing an act according to the law
  • 2 How a power outage act is drawn up, as well as the nuances of sending it
  • 3 Who is the document issued to and is the owner of the apartment needed?
  • 4 Is it legal to turn off the lights if the owner of the house does not want to sign the document?
  • 5 Judicial practice

Why is paperwork necessary?

As noted above, the fact of a power outage must be reflected in a special act. This document performs the following main tasks:

  • for the utility service provider – acts as confirmation of the legality of actions related to limiting the supply of electricity;
  • for the owner of the apartment - can later be used in court to challenge the actions of the initiator of the termination of the supply of electricity (for example, if it is revealed that the amount of debt was calculated incorrectly).

Drawing up the act must be preceded by sending a corresponding notification to the electricity consumer.

As a rule, the procedure and method of its delivery to the addressee are prescribed as part of the electricity supply agreement. Failure to comply with this requirement may lead to the recognition of the action of turning off electricity as illegal (read about whether they have the right to turn off electricity for non-payment without a court decision).

Procedure for filing a complaint

In cases where power outages are systematic or the apartment is de-energized illegally, it is necessary to file a complaint.
You can contact your electricity supplier or management company regarding this issue. If the complaint remains unanswered, you can try to restore justice through Rospotrebnadzor, the district administration or the prosecutor's office. When an unlawful shutdown of electricity causes property damage or moral harm, a claim should be filed in court. There are no special requirements for complaints regarding systematic/unlawful power outages. The main thing is to present the circumstances of the case in detail and concisely.

To do this, the complaint must contain the following information:

  1. It is advisable to indicate the name of the authority (in full) when contacting the prosecutor's office.
  2. Full address of the authority.
  3. Applicant details: Full name, residential address, contact phone number.
  4. The name of the document, and in our case, “Complaint about power outage.”
  5. Address of the object, information about the status: property or social tenancy agreement.
  6. Reasons for disconnection: arrears of payment, interruptions in the work of the supplier, etc.
  7. Information about the date of restriction of energy supply, information about how the management company responded to the situation.
  8. Request to restore power supply.
  9. References to legal acts proving that the shutdown was carried out illegally.
  10. Information about the harm caused (if it was caused).
  11. Consent to the processing of personal data.
  12. Date of writing and signature.

Important! The complaint can be private or collective. In the second case, the document is signed by all citizens whose rights have been violated. By the way, collective complaints are considered more quickly.


Sample application to the prosecutor's office about illegal power outage

What documents and evidence will be required?

All previous appeals to supervisory authorities are attached to the complaint, in order of hierarchical subordination. For example, if a complaint is filed with the prosecutor's office, it must be accompanied by photocopies of responses from the management company, service provider, Rospotrebnadzor or district administration. Additionally, you will need title documentation for the residential premises: purchase and sale agreement or social lease, deed of gift, etc.

Receipts for payment for energy resources and testimony of neighbors at the entrance can be considered as evidence.

When is it considered?

The law clearly defines the time frame for consideration of such complaints. In particular, the citizen must receive a response within 30 days after the application. In exceptional cases, the review period may be extended, for example if additional checks are necessary.
In such situations, the applicant must be notified in writing. In any case, the maximum period for making a decision cannot exceed 60 days from the date of acceptance of the complaint by the authorized body. Read also: Federal Law 161 on the national payment system

What legislation is it regulated by?

The need to draw up an act on turning off the electricity supply is written in the Decree of the Government of the Russian Federation of May 4, 2012 No. 442 (clauses 7 and 11 (Section II). The same regulatory document also spells out cases in which the electricity supplier has the right to limit the supply of this resource .

Thus, the supply of this utility service may be partially or completely terminated on one of the following grounds (from clause 2 of section 1):

  • receipt by the resource supplying organization of a corresponding request from a bailiff;
  • failure by the consumer to fulfill the obligations specified in the electricity supply agreement (failure to pay fees for this service, violation of the connection procedure, etc.);
  • illegal connection to electrical networks, etc.

Thus, in all the cases described above, a power outage act must be drawn up. Otherwise, the apartment owner will be able to declare the actions of the supplier of this utility service illegal through the court.

Contents of the document

At the beginning, it should be noted that the content of this act may differ slightly depending on the method of turning off the electricity (what is the procedure for turning off the lights and how to find a way out in case of financial difficulties, find out here). There are two possible options:

  1. The consumer independently limits the supply of electricity in the presence of the initiator of this process. In this case, the act includes the following information (7 (Section II of the above-mentioned regulatory document):
      information about the electric grid company (full and short name, address, tax identification number and activity code);
  2. personal data of the service consumer (full name, passport or other identification card details);
  3. reason for interrupting the supply of electricity;
  4. resource delivery point;
  5. type of restriction imposed (partial or complete interruption of electricity supply);
  6. address, date and exact time of drawing up the act;
  7. the procedure for supplying electricity (if partial restrictions are introduced);
  8. the level of electricity consumption for other persons who are technologically connected to the owner of the premises, in respect of whom a complete cessation of electricity supply is introduced;
  9. technical measures taken to limit the supply of a given utility service;
  10. number, installation location and latest readings of the electric meter;
  11. information that the homeowner has refused to independently limit the supply of electricity (if such a fact exists);
  12. Full name of the person signing the act on behalf of the owner of the premises (if any).
  13. The resource supplying organization makes a disconnection through its facilities (if technically possible). In addition to the points listed above, the act drawn up in this case must also include:
      date and exact time of limitation of electricity supply;
  14. location of the premises in respect of which the restriction is imposed;
  15. reasons why the supply of utility services was not stopped (if necessary).

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 350-14-90

Additionally, it should be noted that the limitation of electricity supply can be complete or partial:

  • In the first case, the supply of electricity is permanently stopped.
  • The second option involves providing this service in a limited volume.

Additionally, it should be noted that, regardless of the type of prepared act, it must be signed by all parties to the process (consumer, initiator and executor).

Is there an approved form?

There is no officially approved sample act for disconnecting electricity for non-payment. As a rule, it is drawn up in any form, but taking into account the content requirements prescribed in the above-mentioned regulatory document.

Who draws up the document?

In accordance with clause 7 (1) of section II of the Decree of the Government of the Russian Federation of May 4, 2012 No. 442, the act on termination of the supply of electricity is drawn up by the initiator of this procedure, which may be:

  • a body that performs the functions of managing an apartment building, individual households (MC, HOA, housing cooperative, SOT, etc.);
  • an organization that provides energy supply services to the population.

Our portal contains information about the procedure for turning off lights in SNT and about debts. Read about what kind of debt and in what time frame the lights are turned off, what to do if the lights are turned off in the apartment.

In what cases is de-energizing premises considered illegal?

Let us immediately note that a power outage cannot be carried out at random, simply because someone wanted to put pressure on the debtor.
Even if a person has not paid for electricity for a long time, it is impossible to suddenly cut the wires going to his apartment. According to established rules, a power outage should not lead to negative consequences. In particular:

  1. Damage to property: personal and public.
  2. Violation of fire safety requirements.
  3. Creating a threat to the life and health of citizens.

The established procedure for limiting energy resources is regulated by the provisions of Government Decree No. 442. This document also contains a list of persons on whose initiative full or partial restrictions can be carried out. This includes the supplier, the energy distribution network company and the consumer.

If we talk about specifics, a power outage is considered unlawful in the following situations:

  1. If electricity is used to heat an apartment building, the power cannot be turned off in the winter, even if there is an outstanding debt.
  2. Disconnection for non-payment - if a person regularly pays for electricity, they cannot turn off their electricity for debts on water supply, sewerage and other utilities.
  3. A threat to life and health is created - for example, if a small child lives in the house or there is a sick person connected to life support equipment.
  4. Shutting off the entire entrance/house - limiting the supply of energy resources should not violate the civil rights of other residents.

Important! Restrictions in the supply of electricity cannot be sudden, even if a person has never paid for electricity. To turn off the electricity, the initiator is obliged to notify the payer in advance. This information is conveyed in any way: telephone call, registered letter, email newsletter. After receiving the notice, the debtor has 20 days to repay the debt in whole or in part. If there is no payment, a restriction on the supply of energy resources is introduced for 10 days. In cases where this measure does not have the desired effect, the room is de-energized for an unlimited period. Usually, until the existing debts are fully repaid.

Federal Law of December 28, 2013 No. 442-FZ “On the fundamentals of social services for citizens in the Russian Federation”

Read also: Law on school fees in 2021

Where is it going?

As a rule, a power outage act is drawn up in triplicate, each of which is subsequently sent to the following persons:

  • to a consumer of services in whose premises the supply of electricity has been limited;
  • the initiator of the entire process;
  • to the contractor (resource supply organization).

The initiator and the executor may be the same person. Thus, in this case, only two copies of the act are prepared.

In addition, if the fact of illegal connection to electrical networks has been established, then another copy of the act is also sent to the district police officer. He will have to conduct an investigation and, if this fact is confirmed, open a case against the violator.

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