Resolution 354 conclusion of a contract. Recalculation of utility bills according to the law. What is covered in this law

Everyone knows that managing housing and communal services (abbreviated as housing and communal services) is a rather troublesome and time-consuming business. Russian legislation contains an extensive database of documents regulating this branch of economic activity. However, now all bills relating to the housing and communal services sector are changed and finalized almost every month in order to build a clear system of control over the work of utility organizations. In this article, we will take a closer look at issues related to government bill No. 354 on public services and understand how the amount of payment for electricity, water supply, heating is calculated and what formula is used to recalculate heating costs using a common house meter.

Decree 354 as last amended 2016

The key document regulating the relationship between utility services and residents of houses is considered to be Order of the Government of the Russian Federation No. 307 on the basic rules for the provision of utility services to tenants, which came into force in Russia in May 2006. Changes and additions to this bill were made regularly until 2011. It was this year that another Decree No. 354 “On the provision of public services” was issued, after which the previous law of 2006 lost its force. Law No. 354 of the Russian Federation regulates the accounting of resources supplied to the population such as water, electricity, heat, and so on. December 2014 brought new changes to the configuration of this document. In its new edition, all of the above points were taken into account and additional information was added. In 2015, new changes were made to the Rules, which primarily affected those citizens who own privatized housing, but have not yet taken care of installing communal and personal accounting devices.

About utilities

Resolution No. 354 is a rather voluminous document, consisting of 17 main ones, which in turn include 161 points. Despite the sincerely clerical name of Bill No. 354, all tenants need to familiarize themselves with it. The first section of this resolution reveals the purpose of the entire document. In particular, that it was created to regulate the relationship between service providers and their consumers. The approved rules thoroughly explain the procedure for accrual, recalculation, distribution and payment for housing and communal services, both taking into account the readings of counting devices and without them.

For heating

Based on the Federal Code, we can highlight the main provisions on the basis of which the owner of a living space can urgently request a recalculation for the service used. For example, the document stipulates that the minimum temperature in residential premises of apartment buildings in winter should not drop below +18º C, and throughout the entire heating season. For rooms located in the corner apartments of the building, this indicator should not fall below +20º C. If a certain region of Russia has an average daily temperature of -31º C or lower, then the above characteristics increase by another +2º C.

In the event of a temporary emergency shutdown of the system, equipment repairs must be carried out very quickly, and the total number of hours allotted to the contractor to shut down the system should not exceed 24 hours (total for the month).

For electricity

The calculation of the ODN electricity tariff began after the order of the Russian government dated May 23, 2006. On September 1, 2012, new rules for providing com. services to owners of apartment buildings.

General household needs in Resolution 354 - to pay or not to pay?

General house needs, as a rule, are not correctly interpreted by apartment residents. Almost everyone believes that this receipt includes payment for light, light bulbs in the entrances and water consumed for the technical needs of the entire building. However, in addition to the listed expense items, ODN also include a whole host of expense items that are sometimes not necessary for maintaining a home.

Recalculation for heating using a common house meter according to Resolution 354 - calculation formula

Recalculation for heating according to the common house meter according to Resolution 354 occurs according to the following formula:

Recalculation for utilities occurs on the basis of adopted legislation. If the owner has metering devices, recalculation occurs automatically when information about new data is received. In the absence of appliances during the temporary absence of the owner and all residents of the apartment, recalculation is made according to the developed scheme.

What is recalculation

Recalculation is a new calculation of the consumer's payment for utilities. If any errors or irregularities occur and they are identified, the management company or housing and communal services will compensate for the overpayment. But most often recalculation is done, because owners in many cases pay not according to the actual consumption of any resource, but according to the standard.

What does it mean? If the owner installs metering devices in a house or apartment, this means that now he will pay not according to the standard, but according to the water actually consumed (electricity, gas). But sometimes failures occur, as in the following cases. For example, heating fees are always paid according to the standard.

The standard is defined as 1/12 of last year's consumption per year. And every month we pay a fixed fee (since last year). At the end of the heating season, in those apartment buildings where communal meters are installed, the housing and communal services make a recalculation and the overpayment is returned to the consumer. There are also adjustments in the opposite direction.

But the most common types of overpayments are private. The model of the situation is most often this: the apartment owner does not send meter readings. This happens for both objective and subjective reasons.

For example, forgetfulness or a family vacation may be the reason why the apartment owner temporarily does not transmit the data from his meter. In this case, the next month after the property owner resumes data transfer, he will be recalculated.

Legal acts

The recalculation has completely legal grounds. In 2011, the government of the Russian Federation adopted the well-known Resolution number 354. All sections of this legal act are devoted to the rules for the provision of public services to the population.

In 2017, further changes were adopted and, one can say, how recalculations are currently being made. The situation with the change in fees is reflected in paragraph VIII. The name also reflects some features: recalculation in the absence of consumers.

Here we consider only the aspect that concerns residential premises without meters. Everything is clear with the meters; recalculation will be done automatically when the next data from the metering devices is downloaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

Every citizen, owner or tenant of residential premises, is a consumer according to this document. He and his family consume government resources provided by various organizations or companies. In order to have a basis for the relationship, an agreement is concluded between the organization and the consumer of services.

The guarantor of the relationship between the contractor and the consumer is the state and laws. In accordance with Resolution No. 354, all citizens have the right to recalculation of utility bills. Therefore, the new edition describes in detail the procedure for recalculation in different situations.

What is included in Decree No. 354

What's included:

• updated coefficients that determine drainage standards;
• the procedure for installing measuring instruments has been worked out in detail;
• with the help of the Resolution, the motive for installing a meter is strengthened;
• a simplified heating payment scheme has been introduced;
• since 2016, it has become optional to provide information from meters;
• in the event of a temporary absence of electricity or other services, payment for it will not be charged;
• the order of fulfillment of the listed conditions.

A special place is given to the responsibility of the performer to consumers and laws in the following cases:

• poor quality of services;
• damage to life and health due to poor quality services;
• failure of the consumer to receive reliable information on the quality of services;
• the terms of the agreement are violated.

If these conditions are violated, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether an agreement was concluded between the contractor and the consumer, the contractor will still compensate for damages in case of provision of poor-quality services.

Here are some points discussed in the Resolution:

1. Payment for general house needs is not subject to recalculation. This refers to the case when the owner was absent and the living space was temporarily empty.
2. In a two-tariff regime, changes in payment are possible only in relation to the variable component. With regard to the constant component, the following condition has been introduced: if its recalculation is established by law, then after the temporary absence of a citizen it is carried out within 5 working days. All days of absence are counted except the days of departure and arrival.
3. Recalculation is made only if an application is submitted and documents are provided that confirm the duration of absence. The request must be submitted before departure or no more than a month after arrival.

The following are accepted as documents confirming absence:

• a copy of the travel document with travel documents attached;
• document on treatment in a hospital or sanatorium;
• travel tickets issued in the name of the consumer, as well as the fact of their use;
• bills for staying in a hotel, rented apartment, hostel;
• document issued by the FMS on temporary registration;
• other documents that can confirm the fact of the consumer’s absence.

The main advantage of this document is its transparency and simplicity of presentation of all requirements. After its revisions, it became much easier for the performer and the consumer to regulate their relationships.

Video about fee recalculation

The main distinguishing features of the Resolution and its amendments are the policy towards widespread installation of devices. Therefore, owners of apartments with meters have a clear advantage in cases of, for example, temporary absence.

In accordance with Article 157 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached:

Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings;

changes that are being made to the resolutions of the Government of the Russian Federation on the provision of utility services.

2. Establish that the Rules approved by this resolution:

a) apply to relations arising from previously concluded agreements containing the conditions for the provision of public services, in terms of rights and obligations that arise after the entry into force of these Rules;

b) do not apply to relations that arise during the supply of gas to meet the municipal and household needs of citizens and which are regulated in accordance with the Rules for the supply of gas to meet the municipal and household needs of citizens, approved by Decree of the Government of the Russian Federation dated July 21, 2008 N 549 ;

c) come into force after 2 months from the date of entry into force of the changes that are made to the Rules for establishing and determining utility service consumption standards specified in paragraph four of subparagraph “b” of paragraph 4 of this resolution.

3. Establish that explanations on the application of the Rules approved by this resolution are provided by the Ministry of Regional Development of the Russian Federation.

4. To the Ministry of Regional Development of the Russian Federation:

a) within 2 months, submit, in agreement with the Ministry of Energy of the Russian Federation and with the participation of interested federal executive authorities, to the Government of the Russian Federation proposals for improving the Rules for the supply of gas to meet the household needs of citizens, approved by the Decree of the Government of the Russian Federation dated July 21, 2008 No. 549, and the main provisions for the functioning of retail electricity markets, approved by Decree of the Government of the Russian Federation of August 31, 2006 No. 530;

b) within 3 months:

approve, in agreement with the Federal Tariff Service, an approximate form of payment document for payment of fees for the maintenance and repair of residential premises and the provision of utilities, as well as methodological recommendations for filling it out;

approve, in consultation with the Federal Antimonopoly Service, the approximate terms of the management agreement for an apartment building;

submit, in agreement with the Ministry of Economic Development of the Russian Federation and the Federal Tariff Service in the prescribed manner, to the Government of the Russian Federation a draft act on amending the Rules for establishing and determining standards for the consumption of utility services, approved by Decree of the Government of the Russian Federation dated May 23, 2006 N 306, including:

exclusion from the volumes of utility resources taken into account when determining standards for the consumption of utility services in residential premises, the volumes of utility resources provided for the maintenance of the common property of an apartment building, and standard technological losses of utility resources;

the procedure for establishing standards for the consumption of utility services for general household needs;

the procedure for establishing standards for the consumption of utility services, with the exception of gas supply, when using land and outbuildings;

c) within a 5-month period, approve, in agreement with the Ministry of Economic Development of the Russian Federation, the approximate terms of an energy service agreement aimed at saving and (or) increasing the efficiency of consumption of utilities when using common property in an apartment building;

d) within a 6-month period, approve the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of the inspection report to determine the presence (absence) of the technical feasibility of installing such metering devices and the procedure filling it out.

5. Recommend that government authorities of the constituent entities of the Russian Federation approve standards for the consumption of utilities in residential premises, standards for the consumption of utilities for general house needs, standards for the consumption of utilities when using a land plot and outbuildings no later than 2 months from the date of entry into force of the changes being made c Rules for establishing and determining standards for the consumption of utility services specified in paragraph four of subparagraph “b” of paragraph 4 of this resolution.

6. The following shall be declared invalid from the date of entry into force of the Rules approved by this resolution:

Decree of the Government of the Russian Federation of May 23, 2006 No. 307 “On the procedure for providing utility services to citizens” (Collected Legislation of the Russian Federation, 2006, No. 23, Art. 2501);

paragraph 3 of the Decree of the Government of the Russian Federation of July 21, 2008 N 549 “On the procedure for supplying gas to meet the household needs of citizens” (Collected Legislation of the Russian Federation, 2008, N 30, Art. 3635);

paragraph 5 of the changes that are made to the acts of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation dated July 29, 2010 N 580 “On amendments and invalidation of certain acts of the Government of the Russian Federation” (Collection of Legislation of the Russian Federation, 2010, N 31, Art. .4273).

Chairman of the Government
Russian Federation
V. Putin

Now all the efforts of management companies are focused on compliance Disclosure Standard according to Government Decree No. 731. And it is right. However, we should not forget that there are other legislative acts that regulate the activities of management companies. These include Government Decree No. 354 of May 6, 2011, which sets out the rules for the provision of utility services to owners of premises in apartment buildings and the procedure for providing information on them.

In addition to the rules for the provision of utility services to owners of premises in apartment buildings, 354 the Resolution also contains information on the need to disclose information to residents of the building regarding the utility services provided. In particular, paragraph “p” clause 31 of PP No. 354 states that the contractor is obliged to provide the consumer with the CG through a concluded agreement, announcements on information boards in the entrances of apartment buildings or in the local area, on information stands in the contractor’s office the following information:

• information about the executor of the management company (name, legal address, state registration data, full name of the manager, work schedule, addresses of Internet sites on which the management company should post information about itself);
• address and telephone number of the control room, emergency service;
• tariff rates for utility resources, surcharges for them and details of regulatory legislative acts;
• on the right of consumers - to apply for the installation of metering devices to an organization that, in accordance with the Federal Law “On Energy Saving and Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation,” must satisfy this need and provide an installment plan for payment for services;
• procedure and form of payment utilities;
• CP quality indicators, deadlines for eliminating accidents and violations of the procedure for their provision;
• data on the maximum permissible power of electrical appliances, equipment and household machines that the consumer can use;
• names, addresses and telephone numbers of local executive authorities exercising control over compliance with these rules;
• if it is decided to establish a social norm for electricity consumption in a constituent entity of the Russian Federation, then information about its value, conditions of use/non-use for groups of households and types of residential premises, for consumers receiving old-age and/or disability pensions, for residents of emergency housing stock or with a degree of wear and tear from 70%;
• information about the consumer’s obligation to inform the contractor about changes in the number of registered people in the residential premises;
• information on electricity tariffs for the population within and above the social norm for its consumption.

Checks

If information on any issue or appeal from citizens is not disclosed or provided, then consumers of utility services can file a complaint against the management company not only with the State Housing Property Authority, but also with the prosecutor’s office. The activities of the prosecutor's office are regulated by Federal Law No. 2202-1 of January 17, 1992, as amended in the current version of July 13, 2015, “On the Prosecutor's Office of the Russian Federation.”

Based on this law, the prosecutor's office has the right to conduct an inspection of the management company after receiving a complaint or other requests from the public about a violation, as well as file lawsuits and initiate administrative cases. Also, the prosecutor’s office can conduct unscheduled inspections of the management company for compliance with the law and licensing requirements in the housing and communal services sector.

If the prosecutor's office receives a complaint or appeal from citizens, your management company will receive a request for specific information. If the violations are minor, then they can be eliminated pre-trial and the applicant can be asked to withdraw the complaint.

Regarding the disclosure of information, the prosecutor's office checks the boards in the entrances of apartment buildings or in the local area, as well as information stands in the office of the Criminal Code. When first going to court, the plaintiff, represented by the prosecutor’s office, demands that the identified violations be eliminated within a specified period. If the Criminal Code ignores the demands of the prosecutor’s office and the court, then when the claim is filed again, we are talking about collecting fines from the management company for non-compliance with the Information Disclosure Standard.

Arbitrage practice

We have selected several striking examples from recent judicial practice to clearly show you how and for what they can be fined management company according to Government Decree No. 354.

In the first half of 2015, the Rostov-on-Don Court ordered Tektonik Management Company, at the request of the prosecutor’s office, to place all the necessary information in accordance with paragraph “p” of paragraph 31 of PP No. 354 on notice boards in the entrances of houses and on an information stand in its office. The order was fulfilled on time, and the management company avoided a fine.

The Primorsky Territory prosecutor's office filed a claim for violation of licensing requirements for managing apartment buildings at the Granat Management Company. The company was accused of violating paragraph “p” of paragraph 31 of PP No. 354, since the information required by this regulatory legal act was not posted in the necessary sources.

In the statement of claim, the prosecutor demanded that, within a month from the date of entry into force of the court decision, information about the provider of public services, Management Company Granat, should be placed in a number of apartment buildings that are managed by the company.

In June 2015, Granat Management Company approached us with a request to help solve a problem related to information disclosure. We granted the management company’s request, thanks to which Granat Management Company managed to avoid a claim for the initiation of an administrative case and fines that could have resulted from consideration of such a case. The demands of the prosecutor's office were satisfied on time.

Solution

What needs to be done to avoid falling under an order or administrative penalty from the prosecutor’s office and the State Housing Property Inspectorate? First of all, comply with the licensing requirements for management companies and comply with the Information Disclosure Standard (Government Decree No. 731).

To fully comply with the Information Disclosure Standard, you must post information about your management company and managed homes in all sources required by law:

• Online Housing and communal services reform
• on the website of the management company
• at the information stand in the company office

Please note that paragraphs. “p” clause 31 of Government Decree No. 354 establishes another source for disclosing information - this is a notice board in the entrance of an apartment building. Therefore, you will need to duplicate information about the provided utility services in this source of information.

Of course, you can’t keep track of everything, and we understand perfectly well that in addition to your main job, you also have to deal with paperwork, as well as explore the Internet. Often, the staff of a management company is limited to a small number of employees (no more than 3-5 people). Everyone is busy with their own business and cannot take on additional work.

But with the introduction of licensing of management companies, we have to find a way out of the situation. You can act, for example, like Management Company “Granat”, which turned to us for help. As a result, they received a ready-made website for the management company that fully complies with the requirements of the Information Disclosure Standard.

As a result, the necessary information entered into the Housing and Communal Services Reform portal was automatically integrated into the management company’s website, from where the management company was able to print completed copies and use them to display an information stand and notice board at the entrance of the apartment building.

We help management companies avoid thousands of fines and disqualification. We already have a lot of experience in this matter. Contact us for help! We are always ready to help you!

Every citizen is interested in what rule for calculating the cost of utility services is in effect now. Therefore, paragraph Art. 354 can reveal important questions and provide answers as prescribed by law.

Decree 354 as last amended 2016,

Regulations from the Russian government on public utilities were created in June 2011. After this, the law required amendments, so every year in April, March, July, May, mid-June and other months a new draft was introduced with changes. Russian law for this period is in force according to the latest amendments. It is worth examining this law before considering amendments.

Federal law in resolution 354 contains the following sections:

• Providing services that the user and owner of the premises will receive;
• The condition and main order of how the service is provided;
• Metering devices and fee calculation;
• Recalculation and accrual for heating, electricity, water;
• Question about cancellation of services;
• An application containing calculation rules, as well as the formula and tariff standard;
• Changes made to the act.

The current edition with the latest changes has some amendments in accordance with the current situation in housing and communal services. As of December 2015, it was necessary to approve amendments that will come into force in 2016. The federation also made changes to the government’s vision of this document in September, April, at the end of January and other months. Many portals, such as consultant plus, pay attention to the text of this provision, so it is worth considering each part of it in the latest edition. for different types of services.

About utilities

Regulation number 354 regulates the consumption of housing and communal services resources for owners and users of residential apartments or non-residential premises. The new edition of the law of the Russian Federation contains consumption standards and fees for them. For example, the document explains when the power of payment for a utility package begins. Entry into force begins at the moment of ownership rights, from the day the lease for the premises is concluded, from the day of renting and entry into the apartment building. Judicial practice confirms the guarantor of compliance with Resolution 354 throughout the Russian Federation, including the Moscow region, Kirov and Perm.

For heating

This section describes the general house needs for providing heating to citizens. This paragraph explains in examples how much, according to the rules, the duration of heating should be charged based on time and temperature in the apartment. Temperature and heat are regulated according to approved standards, and the amount of payment for heating is calculated.

For electricity

This subparagraph defines the procedure for the supply and distribution of electricity. voltage standards, the period that is possible due to a temporary lack of energy, line checking and energy saving are indicated. During the year there is a limit on the time of absence. The edition contains requirements for line voltage according to GOST.

General household needs Resolution 354 to pay or not to pay?

Many people ask whether they need to pay or not pay the general house bill. The Housing Code provides that costs for water supply and other services for general house needs will be included evenly in each individual receipt. This payment is important in relation to the provision of utility services, so everyone pays receipts.

Recalculation for heating using a common house meter according to Resolution 354, calculation formula

The contractor issues an invoice for electricity or hot water on the day the meter receipt is issued. Recalculation for cold water is carried out according to the formula where the volume for non-residential premises, the volume for individual apartments, the volume of hot water and the volume of water supply costs are subtracted from the unaccounted volume of water for the accounting period and multiplied by the area of ​​the apartment divided by the area of ​​all apartments. Today you can download a free application that contains order 354, where there is a calculation form, adjustments and comments.