Recalculation for utilities occurs on the basis of the adopted legislation. If the owner has metering devices, the recalculation takes place in automatic order upon receipt of new information. In the absence of appliances during the temporary absence of the owner and all those living in the apartment, the recalculation is made according to the developed scheme.

What is recalculation

Recalculation is a newly made calculation of the consumer's payment for utilities. If any errors or overlays have occurred, and they are identified, then the management company or housing and communal services will compensate for the overpayment made. But most often the recalculation is done, because the owners pay in many cases 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 actually consumed water (electricity, gas). But sometimes failures occur, as in the following cases. For example, for heating, payment is always made 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 common house meters are installed, housing and communal services recalculates 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 situation model is most often this: the owner of the apartment does not send meter readings. This happens both for objective reasons and for subjective ones.

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

Legal acts

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

In 2017, the next changes were adopted and it can be said 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.

Only the aspect that concerns residential premises without meters is considered here. Everything is clear with the counters, the recalculation will be done automatically when the next data from the metering devices is loaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

Each citizen, owner or tenant of a dwelling, is a consumer according to this document. He and his family consume public resources that provide various organizations or companies. In order to have a basis for a relationship, an agreement is made between the organization and the service consumer.

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

What is included in Resolution No. 354

What is included:

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

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

Bad quality services;
damage to life and health due to poor quality services;
non-receipt by the consumer of reliable information on the quality of services;
terms of the agreement are violated.

In case of violation of these conditions, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether the contract was concluded between the contractor and the consumer, the contractor still compensates for the damage in case of poor-quality services.

Here are some points that are considered in the Resolution:

The fee for common house needs is not subject to recalculation. This refers to the case when the owner was absent and the premises were temporarily empty.
Under the two-tariff regime, changing the payment is 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 made within 5 working days. Days of absence are considered all except the day of departure and arrival.
The recalculation is made only in case of submitting an application and providing documents that confirm the duration of the absence. The request is made before departure or no more than a month after arrival.

The following documents are accepted as proof of absence:

a copy of the travel certificate with the attachment of travel documents;
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;
a document issued by the FMS on temporary registration;
other documents that can confirm the fact of the absence of the consumer.

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 relationship.

The current legislation undergoes quite significant adjustments every year, and even those people who are constantly versed in the laws do not always have time to keep track of the changes that are taking place.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Citizens generally try to pay attention only to those norms of the current legislation that directly affect some of their areas of life, and, first of all, this concerns the payment of utilities, which makes up the bulk of the budget expenditures of the vast majority of families.

In particular, it will be useful for many to familiarize themselves with what regulations Decree 354 introduced with the latest changes in 2020 on utilities.

What you need to know

The recalculation of utilities is carried out in full compliance with the norms stipulated by the current legislation. If the owner of residential property has any metering devices, the recalculation procedure will be carried out automatically after information about the updated data is received.

If there are no appliances, and the owner will be absent for a certain period of time along with other people who permanently live in the apartment, the recalculation will be carried out according to the standard scheme.

The recalculation procedure itself provides for the re-calculation of the payment of a certain person for the utilities he uses. If any overlays or errors were found that were discovered during the further operation of the equipment, the management company or the housing and communal administration will fully compensate for the overpayment made.

In practice, in the overwhelming majority of cases, the recalculation is carried out for the reason that the owners of real estate pay for utilities not in the amount that they consumed, but in accordance with established standards.

If the owner of the property decided to install specialized metering devices in an apartment or a private house, this means that from now on, utilities will be paid to them in accordance with the indicators of these devices, and not according to established standards. In this case, it often happens that the equipment works with some kind of malfunction.

The standard is set in the form of 1/12 of last year's consumption of resources, in connection with which every month users of communal resources pay the corresponding amount established based on the results of the previous year.

At the end of the heating season in various apartment buildings equipped with common house meters, the housing and communal organization conducts a recalculation procedure and returns the overpayment to the consumer. In some cases, adjustments are made in the opposite direction.

The most common option for overpayments is private amounts, when the owner of the apartment does not send government bodies indicators of his counter for one reason or another, as a result of which the next month he should be recalculated.

It is worth noting that the recalculation procedure has legal grounds and is carried out in accordance with the standards specified in Decree No. 354, which is entirely devoted to the provision of public services to citizens. In 2017, certain adjustments were made to this normative act, in connection with which it is now possible to say exactly how the recalculations are carried out.

This regulatory act reflects only this procedure in houses that are not equipped with meters, since with meters the recalculation is carried out automatically after loading all the necessary information from metering devices into the information base.

Every citizen who is the owner or tenant of certain real estate, in accordance with the current legislation, belongs to the category of consumers, as he regularly uses public resources provided by various companies in accordance with the agreement.

In this case, the state acts as a guarantor of the legal implementation of the relationship between the consumer and the contractor, and in accordance with the norms of the above decision, each person has the right to receive a recalculation for utilities if there are certain grounds.

Decree and recent amendments to it

The amendments made to the said normative act were carried out in accordance with the norms of Decree No. 1498, which was adopted on December 26, 2012, and have been consistently implemented since 2020. The most significant in this case are the innovations that affected the procedure for calculating amounts for general house needs.

If the previously indicated payment belonged to the category of utilities, then from the new year it became housing, that is, the costs necessary to pay for hot and cold water supply, as well as sewerage, energy supply and heating are included in the costs of housing.

The volume of costs necessary to meet general house needs is set as a balance between the indicators recorded on all installed metering devices in the house, as well as meters that are present in the apartment of each tenant.

In this case, the chosen accrual method will directly depend on whether there is an appropriate metering device in the apartment building, since if it is not available, the amount of payments is set in accordance with the area of \u200b\u200bthe apartment in proportion to the total area of \u200b\u200bthe house.

First of all, the adjustments made affected the requirements that apply to the procedure for calculating payments for general house needs. The amount of due payments for an apartment is now set in accordance with the billing period, depending on the area of the residential apartment.

In accordance with Decree No. 354, it is necessary to determine the standards for general house expenses before June 1, 2020, and if, according to the results of the reporting period, exceeded standards for the use of utilities by citizens are not recorded, the costs in this part will have to be compensated by the management company or the HOA, while while the direct standard will be distributed among the residents.

The next adjustment affected the procedure for carrying out recalculations for consumed communal resources in the event that residents are absent from their apartment for a certain period of time. If at the same time metering devices are installed in the room, in principle, the recalculation will not be carried out, since the meters simply should not record the consumption of resources.

At the same time, if the consumer has documents confirming the impossibility of installing individual metering devices in the house, he is given the opportunity to recalculate.

Another innovation concerns the tariffing procedure for residential real estate in which there are no registered tenants.

If prior to January 1, 2020, utility bills were charged exclusively to apartments with registered or actually resident residents, the new rules will accrue the amount based on the total number of homeowners, and not on how many users utilities available in fact.

The owners of empty apartments are fully responsible for paying all charges in the field of housing and communal services in accordance with established standards.

General provisions

Decree No. 354 includes:

updated coefficients, in accordance with which the established standards for drainage are determined;
a detailed description of the procedure for installing measuring equipment;
a list of motivational measures for the installation of measuring instruments;
simplified payment scheme for heating apartments and private houses;
an indication that now there is no need to provide information from meters;
an indication that in the event of a temporary absence of tenants in the apartment, it is not necessary to pay utility bills for it;
the order in which all specified conditions must be met.

Special attention is paid to the fact that the contractor is liable to consumers in the event that an improper quality of services is recorded, damage to the health or life of citizens due to the unsatisfactory quality of the services provided, the consumer’s failure to receive the necessary information about the quality of the services provided to him, as well as violations established terms of the contract. In this case, the contractor must completely free the citizen from the need to pay utility bills or pay him appropriate compensation.

Terms of Service

The key conditions for the provision of public services are as follows:

consumers receive utility services from the moment determined by housing legislation;
the composition of public services provided to the consumer is established in accordance with the degree of improvement of a residential or multi-apartment building;
the consumer must receive a full list of utilities provided for by the drawn up contract;
if thermal energy, used in the house, is supplied through the use of centralized supply networks, the contractor must act in accordance with the terms of the heating period, which are established by the authorized body;
the provision of public services to consumers is carried out in accordance with the concluded paid contract;
the conditions under which utilities are provided are established in accordance with the agreement.

The parties in the process of drawing up such an agreement are the consumer in the form of a person interested in receiving certain utilities, as well as the contractor in the form of a company, responsible for providing housing with all necessary utilities.

The consumer can independently decide who exactly will act as his utility provider - a management company, a housing and communal organization, an HOA or a housing cooperative.

The agreement drawn up between the parties must reflect all the necessary conditions and the rules under which the agreed services must be provided. Residents should receive all the necessary information about certain points of the drawn up agreement, as well as be aware of the order in which this document is drawn up.

In the event that the consumer announces his intention or is already engaged in the consumption of utilities, the management company can issue a specialized act for him, regulating the main terms and norms in which the required amount will be transferred to the supplier.

Regardless of the existing type of property, citizens must be provided with a complete list of the services they need. In addition, the user has the right to independently regulate and add to the drawn up agreement additional measures aimed at improving the house along with the territory adjacent to it.

If the services provided are of poor quality or there are some other justified reasons, the consumer has the right to draw up an act indicating a violation of the terms of the contract.

Rights and obligations of the parties

The contractor is responsible to the law and the consumer in the following situations:

the quality of the services provided does not meet the established standards;
the poor quality of services has led to the fact that the health or life of citizens has been damaged;
the consumer does not receive reliable and complete information about the services provided to him;
the consumer suffered certain losses due to the fact that the contractor did not provide him with high-quality services.

If the contractor violated the rules affecting the provision of quality services, the consumer can count on complete exemption from the need to make any payment. In some cases, it also provides for the payment of a penalty in the amount determined in accordance with applicable law.

The Contractor can count on being completely released from liability in the event that insufficient quality utilities are provided, if the cause of the deterioration is the occurrence of any insurmountable circumstances or the actions of the consumer himself.

In this case, insurmountable obstacles do not include violations of various obligations on the part of the contractor's counterparties, as well as the lack of the required funds necessary to ensure the quality of services provided.

Regardless of whether an agreement has been concluded between the consumer and the contractor, compensation for damage caused due to the provision of utilities of inadequate quality must still be made.

If some damage was caused to the health or life of the consumer, compensation will be paid over the next ten years from the date of fixing the insufficient quality of services. The maximum allowable period during which the victim can file a claim with a requirement to consider the fact of the damage caused is three years.

If the contractor, who is responsible for the provision of services, for one reason or another caused damage to the property or health of the consumer, the latter must draw up the relevant act in several copies.

At the same time, the consumer must carefully use the engineering communications installed in his apartment, as well as allow authorized employees management company for carrying out all kinds of checks or taking readings from metering devices. In addition, it is the responsibility of the consumer to timely transfer payment for utilities, as well as to immediately notify the contractor about an emergency condition or any violations in general house or internal communications.

Calculation and payment

In accordance with current legislation billing period for utilities is one month, while the amount of payments is set in accordance with the tariffs adopted by the resource provider, taking into account territorial conditions and all kinds of surcharges.

The payment documentation should separately reflect the services provided in the residential premises, as well as those that were required to meet the general needs of the house.

It is worth noting the fact that a whole section is devoted to this, regulating in detail the rules for calculating payments in a number of situations. In particular, this applies to the calculation procedure according to the readings of installed metering devices, as well as in the event of their absence or partial equipment of the apartment. In addition, the section indicates a number of other situations, some of which provide for the use of the formulas specified in Appendix No. 2 to this resolution.

Utilities must be paid by the 10th day of the month following the billing month.

If the transfer is carried out on the basis of the contractor's payment documentation, the amount must be transferred before the 1st day of the same month. Other terms can be established only in the process of signing the contract, in accordance with which the provision of public services is carried out.

Recalculation and change in the size of the fee

The procedure for recalculating utilities is provided if people were absent from the apartment for a certain period of time and, accordingly, did not consume utilities.

In this case, the recalculation can be carried out only if the accrual of utilities was carried out in accordance with the standards, and not on the basis of meter readings, since, otherwise, the citizen provides instrument readings that will indicate a complete absence of consumption.

Adjustments were also made to the coefficient of drainage. On the this moment a recalculation of all coefficients that were in force earlier and directly related to the established standards for drainage is carried out.

After the final implementation of this procedure, it is planned to introduce new coefficients, in accordance with which the cost of the provided utilities will be calculated.

A decision is made to adjust the tariffs. In particular, it is planned to reduce their cost by 10-15%, but so far this innovation is only being considered by government agencies.

Other sections

In addition, the new regulation also regulates the decision conflict situations. In the vast majority of cases controversial situations appear due to incorrect calculation of utility bills or due to the fact that authorized employees of the utility service do not want to fulfill their immediate duties in order to eliminate certain problems that have arisen in the economy under their jurisdiction.

In any case, if a problem situation arises, a citizen will need to contact the supplier with an appropriate statement. In accordance with established rules it must be considered within the established time limits, after which a written report must be submitted to the applicant.

If this did not happen, then in this case the applicant will have the opportunity to file an appeal with the consumer rights protection society, the courts or the prosecutor's office.

In the overwhelming majority of cases, the parties in such situations try to resolve the conflict that has arisen out of court.

If the conflict reaches an insoluble stage, the final result can only be obtained in the course of the trial, when the relevant authorities impose on the guilty execution of the applicant's requirements or refuse to satisfy them.

What has been changed

The main revision, which took place in 2020, affected the verification procedure. The time for the inspection in the situations established by this paragraph is set within two hours from the moment the consumer received a message about a violation of the quality of the public services provided.

B) do not apply to relations that arise during the supply of gas to meet the household needs of citizens and the regulation of which is carried out in accordance with the Rules for the supply of gas to meet the household needs of citizens, approved by the Government Decree 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 the standards for the consumption of utility services specified in paragraph four of subparagraph "b" of paragraph 4 of this Decree.

3. Establish that the Ministry of regional development Russian Federation.

A) within 2 months, in agreement with the Ministry of Energy of the Russian Federation and with the participation of interested federal executive bodies, submit to the Government of the Russian Federation proposals for improving the Rules for the supply of gas to meet the domestic needs of citizens, approved by the Decree of the Government of the Russian Federation dated July 21, 2008 Mr. N 549, and the main provisions of the functioning of retail markets electrical energy, approved by the Decree of the Government of the Russian Federation of August 31, 2006 N 530;

Approve in consultation with Federal Service by tariffs approximate form a payment document for making payments for the maintenance and repair of residential premises and the provision of public services, as well as guidelines for its completion;

Submit, in agreement with the Ministry of Economic Development of the Russian Federation and the Federal Tariff Service in in due course to the Government of the Russian Federation a draft act on amendments to the Rules for establishing and determining standards for the consumption of utilities, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306, providing, among other things:

Exclusion from the volumes of communal resources taken into account when determining the standards for the consumption of communal services in a residential building, the volumes of communal resources provided for the maintenance of the common property of an apartment building, and regulatory technological losses of communal resources;

The procedure for establishing standards for the consumption of utilities, with the exception of gas supply, when using a land plot and outbuildings;

C) within 5 months, 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 utility consumption when using common property in an apartment building;

D) within 6 months, 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 survey report to establish the presence (absence) of the technical feasibility of installing such metering devices and the procedure filling it out.

5. Recommend to authorities state power of the constituent entities of the Russian Federation to approve the standards for the consumption of utilities in residential premises, the standards for the consumption of utilities for general house needs, the 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 that are made to the Rules for establishing and determining standards consumption of utilities specified in the fourth paragraph of subparagraph "b" of paragraph 4 of this Decree.

Clause 3 of Decree of the Government of the Russian Federation of July 21, 2008 N 549 "On the procedure for supplying gas to meet the domestic needs of citizens" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, N 30, Art. 3635);

Clause 5 of the amendments that are made to the acts of the Government of the Russian Federation approved by Decree of the Government of the Russian Federation of July 29, 2010 N 580 "On the amendment and invalidation of certain acts of the Government of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2010, N 31, Art. 4273).

1. These Rules govern relations for the provision of public services to owners and users of premises in apartment buildings, owners and users of residential buildings, including relations between performers and consumers of public services, establish their rights and obligations, the procedure for concluding an agreement containing provisions on the provision of public utilities services, as well as the procedure for quality control of the provision of utilities, the procedure for determining the amount of payment for utilities using metering devices and in their absence, the procedure for recalculating the amount of payment for certain types utility services during the period of temporary absence of citizens in the occupied premises, the procedure for changing the amount of payment for utility services in the provision of utility services of inadequate quality and (or) with interruptions exceeding the established duration, determine the grounds and procedure for suspending or restricting the provision of utility services, and also regulate issues related to the onset of responsibility of performers and consumers of public services.

"intra-house engineering systems" - engineering communications (networks), mechanical, electrical, sanitary and other equipment, which are common property of the owners of premises in an apartment building, designed to supply communal resources from centralized engineering networks to in-house equipment, as well as for production and provision by the contractor of utility services for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply).

In residential buildings, in-house engineering systems include those located within the land plot on which the residential building is located, as well as engineering communications (networks) located in the residential building, mechanical, electrical, sanitary and other equipment, with the use of which utility services are consumed;

"intra-apartment equipment" - engineering communications (networks), mechanical, electrical, sanitary and other equipment located in a residential or non-residential premises in an apartment building and not included in the internal engineering systems of an apartment building, using which utility services are consumed;

"household" - a residential building (part of a residential building) and adjoining and (or) standing separately on a common land plot with a residential building (part of a residential building) outbuildings (garage, bathhouse (sauna, swimming pool), greenhouse (winter garden) , premises for keeping livestock and poultry, other facilities);

"individual metering device" - a measuring instrument (a set of measuring instruments and additional equipment), used to determine the volume (quantity) of consumption of a communal resource in one residential or non-residential premises in an apartment building (with the exception of a residential building in a communal apartment), in a residential building (part of a residential building) or household;

"performer" entity regardless of the legal form or individual entrepreneur providing utility services to the consumer;

"collective (general) metering device" - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (quantity) of a communal resource supplied to an apartment building;

"utility services" - the implementation of the activities of the contractor to supply consumers with any communal resource individually or 2 or more of them in any combination in order to ensure favorable and safe conditions use of residential non-residential premises, common property in an apartment building, as well as land plots and residential buildings (households) located on them;

"communal resources" - cold water, hot water, electricity, natural gas, thermal energy, domestic gas in bottles, solid fuel in the presence of stove heating, used for the provision of public services. Domestic waste water discharged through centralized networks of engineering and technical support is also equated to communal resources;

Russian Federation

Decree of the Government of the Russian Federation of 05/06/2011 N 354 (as amended on 08/27/2012 with amendments that entered into force on 08/31/2012) "ON THE PROVISION OF PUBLIC SERVICES TO OWNERS AND USERS OF PREMISES IN APARTMENT BUILDINGS AND RESIDENTIAL BUILDINGS"

(as amended by Decrees of the Government of the Russian Federation of 05/04/2012 N 442, of 08/27/2012 N 857)

b) within 3 months:

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

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

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

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

the procedure for establishing standards for the consumption of utilities for general house needs;

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

c) within 5 months, 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 utility consumption 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 survey report to establish the presence (absence) of the technical feasibility of installing such metering devices and the procedure filling it out.

5. To recommend that the state authorities of the constituent entities of the Russian Federation approve the standards for the consumption of utilities in residential premises, the standards for the consumption of utilities for general house needs, the 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 that are made in the Rules for establishing and determining the standards for the consumption of utilities specified in paragraph four of subparagraph "b" of paragraph 4 of this Decree.

6. Recognize as invalid from the date of entry into force of the Rules approved by this Decree:

Decree of the Government of the Russian Federation of May 23, 2006 N 307 "On the procedure for providing public services to citizens" (Collected Legislation of the Russian Federation, 2006, N 23, Article 2501), with the exception of paragraphs 15 - 28 of the Rules for the provision of public services to citizens approved by the specified by a resolution (in terms of the procedure for calculating the amount of payment for a utility service for heating), and paragraphs 1 - 4 of Appendix No. 2 to these Rules (in terms of the procedure for calculating the amount of payment for a utility service for heating), which become invalid from January 1 2015

dated 27.08.2012 N 857)

Appendix No. 1
to the Rules for providing
utility services to owners
and users of premises
in apartment buildings
and residential buildings

(as amended by Decree of the Government of the Russian Federation of 04.05.2012 N 442)

the words "for communal services" shall be replaced by the words "for the communal heating service";

the words "subparagraphs "a" and "b" of paragraph 19," shall be deleted;

in the first paragraph, the words "in a residential area" shall be deleted;

subparagraphs "b" and "c"

"b) ensuring the readiness of in-house engineering power supply systems and electrical equipment, which are part of the common property, to the provision of public services of electricity supply;

c) maintaining the premises that are part of the common property in a condition that ensures the temperature and humidity in such premises established by the legislation of the Russian Federation;";

add subparagraph "d1" with the following content:

"e1) organization of places for the accumulation and accumulation of spent mercury-containing lamps and their transfer to specialized organizations that have licenses to carry out activities for the collection, use, neutralization, transportation, disposal of waste of hazard class I - IV;";

add subparagraphs "i" and "k" as follows:

"i) carrying out mandatory energy saving and energy efficiency improvement measures in relation to common property, included in the list of measures approved in accordance with the procedure established by the legislation of the Russian Federation;

j) ensuring the installation and commissioning of collective (common house) metering devices for cold and hot water, heat and electricity, natural gas, as well as their proper operation (inspections, Maintenance, verification of metering devices, etc.).";

paragraph 12 after the words "to carry out actions for the maintenance and repair of common property" shall be supplemented with the words ", with the exception of the actions specified in subparagraph "e1" of paragraph 11 of these Rules,";

Paragraph 29 shall be amended as follows:

"29. Expenses for the maintenance and repair of residential premises are determined in the amount that ensures the maintenance of common property in accordance with the requirements of the legislation of the Russian Federation, including, among other things, the payment of expenses for the maintenance and repair of in-house engineering systems of electricity, heat, gas and water supply, sanitation , reasonable expenses for the collection of debts for payment of residential premises and utilities, for taking readings of metering devices, maintenance information systems that ensure the collection, processing and storage of data on payments for residential premises and utilities, issuing payment documents for payment for residential premises and utilities. ";

add paragraphs 38(1) - 38(5) as follows:

"38(1). If the owners of premises in an apartment building before January 1, 2013 did not ensure that such a house is equipped with a collective (common house) metering device for the used communal resource and, at the same time, in accordance with paragraph 12 of Article 13 federal law"On Energy Saving and Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation" a collective (common house) metering device was installed, the owners of the premises are required to pay the costs of installing such a metering device on the basis of invoices and in the amount specified in paragraph two of this paragraph, except for cases when such expenses were included in the payment for the maintenance and repair of residential premises and (or) in the composition of the mandatory payments and (or) contributions established for members of a homeowners association or housing cooperative or other specialized consumer cooperative payment of expenses for maintenance, current and overhaul common property.

Invoices for the payment of expenses for the installation of a collective (common house) metering device, indicating the total amount of expenses for the installation of such a metering device and the share of the costs for installing such a metering device, the burden of which is borne by the owner of the premises, are issued to the owners of the premises by the organization that carried out in accordance with part 12 of Article 13 Federal Law "On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation" installation of a collective (common house) meter. The share of expenses for the installation of a collective (common house) metering device, the burden of which is borne by the owner of the premises, is determined based on his share in the right of common ownership of common property.

In case of disagreement with the amount of expenses indicated in the invoice for the installation of a collective (general house) metering device and (or) the share of expenses attributed to it, the owner of the premises has the right to contact the organization that installed such a metering device and issued the invoice with disagreements, and if disagreements are not settled, he has the right to appeal issued invoice in the manner prescribed by the legislation of the Russian Federation.

Citizens - owners of premises in an apartment building pay the invoices issued in accordance with Part 12 of Article 13 of the Federal Law "On Energy Saving and Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation".

38(2). The owners of the premises have the right to decide on the conclusion of an energy service agreement (contract) aimed at saving and (or) increasing the efficiency of consumption of communal resources when using common property (hereinafter referred to as the energy service agreement for general house needs), with managing organization, a homeowners association, a housing, housing-construction cooperative or other specialized consumer cooperative or on empowering the specified organization, partnership or cooperative with the authority to conclude in the interests of the owners on their own behalf or on behalf of the owners of an energy service contract for common house needs with an organization providing energy services.

An energy service contract for general house needs with a managing organization is concluded separately from the contract for managing an apartment building.

In the case of direct management of an apartment building, the owners of premises in an apartment building have the right to decide on the conclusion of an energy service contract for general house needs with resource supplying organization or other organization providing energy services.

38(3). The decision of the owners of the premises specified in paragraph 382 of these Rules is taken at general meeting owners of the premises and should contain, among other things, the following conditions for concluding an energy service contract for general house needs:

the amount of savings in utility resources in physical terms (a decrease in comparable conditions in the volume (quantity) of utility resources consumed for general house needs), which must be ensured as a result of the execution of an energy service contract for general house needs, and the period required to achieve such a savings value;

the price of an energy service contract for general house needs and the procedure for its payment;

the term of the energy service contract for general house needs.

Approximate terms of an energy service contract for general house needs are approved by the Ministry of Regional Development of the Russian Federation in agreement with the Ministry of Economic Development of the Russian Federation.

38(4). Payment of the price of the energy service contract for general house needs is carried out separately from the payment for utilities and the payment for the maintenance and repair of the dwelling.

38(5). The price of an energy service contract for general house needs is determined by agreement of the parties to such an agreement.";

b) The rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and the performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration, approved by the said Decree, to be supplemented with paragraph 6 (1) the following content:

"6(1). In case of non-fulfillment of work on equipping an apartment building with a collective (common house) metering device by the deadline established by the decision of the owners of the premises and at the same time including the costs of installing a metering device in the payment for the maintenance and repair of the residential premises, the amount of payment for the maintenance and repair residential premises, accrued to the owners of premises, citizens" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2008, N 30, art. 3635):

a) Paragraph 30 shall be stated as follows:

"30. The volume of gas consumed for the period from the day the gas meter was dismantled to send it for verification or repair and until the day following the day the seal was installed at the place where the gas meter after verification or repair is connected to the gas pipeline, but not more than 3 months in a row, is determined based on the volume of average monthly gas consumption by the consumer, determined by the gas meter for a period of at least one year, and if the period of operation of the gas meter was less than one year - for the actual period of operation of the gas meter. monthly period, the volume of gas consumed for each subsequent month up to the day following the day the seal is installed at the place where the gas meter after verification or repair is connected to the gas pipeline is determined in accordance with the gas consumption standards.

b) the first paragraph of clause 31 shall be stated as follows:

"31. If the subscriber in contractual the term did not provide the gas supplier with information about the readings of the gas meter, the volume of gas consumed for the past billing period and before the billing period in which the subscriber resumed providing the specified information, but not more than 3 consecutive months, is determined based on the volume of average monthly gas consumption by the consumer, determined by gas meter for a period of at least one year, and if the period of operation of the gas meter was less than one year - for the actual period of operation of the gas meter. After the specified 3-month period, the volume of gas consumed for each subsequent month up to the billing period in which the subscriber resumed the provision of the specified information is determined in accordance with the gas consumption standards.".

P 119 of government decree 354. On the provision of public services to owners and users of premises in apartment buildings and residential buildings