What is hot water on the receipt? RF Armed Forces on calculating the amount of thermal energy for water heating Utilities hot water supply

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Water is supplied to each apartment - cold and hot. Bills for it are issued according to the volume consumed by consumers - per cubic meters, which is easy to determine: you need to take meter readings on the first day of the new month and compare them with the readings on the first day of the previous month, the difference will be the actual water consumption for the past month.

To find out how much you will have to pay, you need to multiply the actual cubic meters used by the tariffs.

Calculation of tariffs is regulated by the following legislative acts:

To heat 1 m3 of water, you need to spend 0.055 Gcal according to the norm. heat;
the heating tariff in Astrakhan, for example, is 1,635.56 rubles/Gcal;
the result of the calculation is as follows: 3m3x0.055x1635.56 = 270 rubles.

Two-component cost breakdown hot water more correct and also more economical.

A new line has appeared in the housing and communal services receipt: cold water PC

Those residents who have not installed water meters in their apartments pay according to standard consumption. This can be beneficial only in one case - when the registration rules are violated, and in the area of the apartment where 1-2 people are registered, more people actually live, and the actual water consumption is much higher than that indicated in the receipt, because it is proposed to pay for consumption there two residents.

In all other cases, without meters for hot and cold water, you have to pay more than for the cubic meters actually used. The situation has especially worsened since this year, when a new line appeared in receipts: cold water pc.

The abbreviation PC stands for “increasing factor”, which increases the payment amount from 2017 according to the standards by another 1.6 times (RF PP dated April 16, 2013 No. 344), provided that technical feasibility for the installation of metering devices, at least collective ones, is available.

What is the water norm per day per person and per month in housing and communal services?

Consumption rates cold water per person in housing and communal services without a meter are approved by local governments for 1 person. and for Moscow (Resolution No. 75-PP) are:

Monthly consumption rates must be multiplied by the number of residents registered in the apartment, standard cubic meters are obtained, which must be multiplied by the tariffs in force in the current period of time in a particular locality. Amounts received are subject to payment if there are no meters.

It is worth spending time and incurring small financial expenses on the purchase and installation of apartment metering devices, but then paying only for those resources that were actually spent by the residents themselves.

The use of an increasing coefficient should encourage those who have not yet taken care of equipping their homes with water meters to quickly do so - the amounts in receipts for water will then be pleasantly surprised.

Direct-flow water supply is a system consisting of pumping station and pipe outlets. Recirculating water supply is more than economical option, because it uses fewer resources. The concept of heating cold water for domestic hot water means heating cold water to obtain hot water supply. An additional line has appeared in receipts for payment for this service. It is necessary to understand in detail how legal the charges are.

Preheating cold water for domestic hot water means heating cold water to produce hot water supply.

All services in receipts are regulated by Article 154 of the Housing Code. Cold water supply means cold water supply, and DHW supply means hot water supply.

Residential and industrial premises must be provided with optimal temperature.

According to accepted standards, values should be in the range of +50-60 °C.

Operators adjust readings based on environmental conditions. For heating, central and autonomous systems. Users of central water supply pay for hot water heating. Off-grid residents pay for gas and electricity.

Expert opinion

Mironova Anna Sergeevna

The cold water heating service includes several parameters. There are dead-end and looped boiler rooms that ensure the operation of the entire system. Uninterrupted operation is ensured using equipment and optimal conditions work.

The receipt includes the following for the DHW service:

Heating of water using equipment in boiler rooms and supplying it to the finished consumer.
Carrying out preventive work for maintenance of systems and mechanisms of heating equipment. Planned work and repair of routes in hot water supply networks.
Restoring the operation of boiler rooms around the clock. DHW is supplied on an ongoing basis, but in summer the power is used sparingly.

Accordingly, payment is made for heat and water.

Residents faced with systematic temperature loss are forced to burn their own water using a boiler and other automatic devices. The DHW service also remains on their receipts. To understand this situation, you need to turn to the legislation.

Thermal energy and heating in risers, as well as in heated towel rails, were not paid for until 2013.

Since 2013, Resolution No. 406 was adopted. It is based on the decision that users central system must pay bills on time on two counts. The two-component tariff in receipts implies thermal energy for water heating and cold water supply. In heating systems of a residential building, there are energy losses that are taken into account when creating standards.

Thermal energy and heating in risers, as well as in heated towel rails, were not paid for until 2013. Heat consumption was all year round. Consumers paid only for the cubic meters of water used, which was calculated using a coefficient.

To get out of this situation, the readings were divided into two components, and additional services appeared in the receipt for hot water supply.

At this time, payments for heating began to be charged only from April to October. The consumer now knows what bills are paid for. Starting from 2020, it is planned to approve consumption standards. There will be an additional charge for overspending.

Water heating equipment

Water for premises in an apartment building is heated using equipment in the boiler room. Professional installations include several DHW modules that ensure high-quality delivery of service to the consumer.

Main characteristics:

amount of fuel used;
thermal power of equipment;
maximum pressure in the system;
heated water temperature;
terms of use of the system.

Boiler equipment is selected depending on the rules and established standards.

Boiler equipment is divided into categories I and II. It is selected depending on the rules and established standards. When working, accuracy in measurements and work is important.

Standard system includes:

piping system;
boiler equipment;
pumping systems;
wastewater treatment plants;
gas equipment.

The operation of heating networks and heat supply is ensured by high-quality equipment. When systems fail, the service organization must promptly correct the failure. Hot water supply must be on a regular basis. Additional property maintenance fees may apply. apartment building.

Expert opinion

Mironova Anna Sergeevna

Generalist lawyer. Specializes in family issues, civil, criminal and housing law

An alternative option for heating hot water is the use of automatic boilers. But because of this, the consumer will have to pay for gas and electricity. The double payment option is not profitable.

Cold water is calculated simply, according to consumption, at established tariffs. The cost of thermal energy resulting from mechanical vibrations is calculated taking into account the rules and regulations.

Components of the service:

Established tariffs for the generation of thermal energy.
Possible costs for servicing complexes and systems.
Energy losses in pipelines during transportation.
The cost of services for delivering water to the consumer.

Payment for hot water supply is based on water consumption in m3. The readings of an individual apartment are taken into account, as well as values for general needs. It is customary to multiply the total consumption on the meter by specific values. The resulting values are multiplied by the tariff. In the receipt, calculations are made automatically. In order to check the work of housing and communal services or a service organization, you can independently obtain the values.

Hot water supply is an expensive service on the bill.

How to make your own calculation

Hot water supply is an expensive service on the bill. For high-quality supply of hot water, specialized equipment and its maintenance are required. To independently calculate the costs of domestic hot water, you need to take into account the rules and know all the components. First of all, you need to find out the tariff for thermal energy.

Dependence on metering devices:

If there is a meter, the coefficient for heating water is taken from its readings.
In the absence of metering devices, standard standard values are accepted.

Energy for heating for the needs of the house is proportionally divided among all owners, depending on the area of the premises. Standard values are used in the absence of a common meter.

Q – total volume of thermal energy;
Vtot. – volume consumed for heating;
Vind. – individual volume for each apartment.

V – total volume of water consumption;
N – standard values for consumption.

The results of calculating DHW depend on the cost of the elements in the formula, the presence of meters, and the type of heating supply to the house. It is better to take readings from communal meters with the person responsible for the house and a representative of the service organization.

Complaint due to incorrect calculation of receipt

After receiving discrepancies in the DHW data, first of all, they contact the organization providing the services. If they refuse to return the difference after an oral request, then the claim must be submitted in writing. An application is submitted to the General Director.

Sample application to the Criminal Code regarding the procedure for calculating rent.

You can leave the paper in person at the reception desk or send it by registered mail with confirmation of receipt. The response must be received in writing no more than 13 days from the date of receipt.

The management company should not ignore the request, but there are cases when a response is not received within the established time frame. Also, in case of refusal, they file an appeal to the court or prosecutor's office. The basis will be Article 395 of the Civil Code. An application to the administration is also in an effective way solve the problem of. The supplier must fully reimburse the costs caused by the calculation error.

You need to be patient, because it takes time to resolve the issue of recalculating the values for DHW.

The decision can be appealed and additionally contact Rospotrebnadzor.

There are reasons, because the service is not supplied in full, and the readings are erroneous.

Results

Water heating is an important service provided by the service organization. Payment is made in accordance with the law on hot water supply. The calculation is carried out automatically, but each consumer can check the received calculations. In case of an error, the difference must be compensated by recalculation. An additional column will appear on the receipt.

Hot water supply (DHW) is a 24-hour supply to the consumer hot water of appropriate quality, supplied in the required volumes via the connected network to the residential premises.

Requirements (standards) for the quality of hot water are determined by Russian Government Decree No. 354:

The temperature of hot water at the point of analysis must be at least 60 degrees. (for open centralized heating systems, not less than 50 degrees; for closed systems, not more than 75 degrees)
The total hot water shutdown time is 8 hours (total) for 1 month
The total shutdown time for hot water supply is 4 hours at a time; in case of an accident on a dead-end main, it is 24 hours.
The maximum period for carrying out preventive work in summer season– 14 days
The composition of the water must comply sanitary standards SanPiN 2.1.4.2496-09
The permissible deviation in the temperature of hot water at the point of water collection at night (from 0.00 to 5.00 hours) is no more than 5 °C
The permissible deviation in the temperature of hot water at the point of water collection during the daytime (from 5.00 to 00.00 hours) is no more than 3 °C
Pressure in the hot water supply system at the point of analysis - from 0.03 MPa (0.3 kgf/sq. cm) to 0.45 MPa (4.5 kgf/sq. cm)

For every 3 °C deviation from the permissible deviations in hot water temperature, the amount of payment for utility services for the billing period in which the specified deviation occurred is reduced by 0.1 percent of the payment amount. For each hour of supply of hot water, the temperature of which at the point of collection is below 40 °C, in total during the billing period, payment for consumed water is made at the tariff for cold water.

If the pressure differs from the established one by no more than 25 percent, the amount of payment for utility services for the specified billing period is reduced by 0.1 percent of the payment amount.
If the pressure differs from the established one by more than 25 percent, the amount of payment for utility services is reduced by the amount of the fee calculated in total for each day the utility service is provided poor quality.

Types of DHW systems:

Central. Water is heated at thermal substations (CHS) and from them, using pipelines, it is supplied to consumers.
Autonomous. To achieve the necessary temperature regime install special heating devices - boilers, storage boilers or geysers. This type of DHW organization is intended for small area premises - apartments or houses.

Designations (decoding) in housing and communal services receipts:

DHW KPU— hot water is metered using an apartment meter
DHW DPU— hot water is metered using a common household meter
ODPU DHW- general household hot water meter

Calculation of the amount of payment for utility services for hot water supply is carried out according to:

General house metering devices and depends on the number of residents registered in the apartment
Apartment metering devices (hot water meters)

Many people, when paying for utility services, are surprised to see the phrase “water heating” on the receipt. In fact, this innovation was adopted back in 2013. According to Government Decree No. 406, if available centralized system water supply must be paid according to a two-part tariff.

Thus, the tariff was divided into two components: the use of cold water and thermal energy. Now the calculation is made separately for two resources: water for hot water supply and thermal energy. That is why a column appeared on receipts indicating the amount of thermal energy spent on heating cold water. However, many believe that heating fees are charged illegally and write complaints to housing and communal services. To ensure the legality of this type of charge, you should learn more about this service.

The reason for this innovation was additional use energy. Risers and heated towel rails connected to the hot water supply system consume thermal energy, but this consumption was not previously taken into account in calculations of utility bills. Since heating fees can only be charged in heating season, heating the air through the use of a heated towel rail was not paid for as a utility service. The government found a way out of this situation by dividing the tariff into two components.

Equipment

If your water heater fails, your hot water bill will not increase. In this case, authorized employees of the management organization are required to repair the equipment urgently. But since repairs require payment, residents must still pay this amount. Although the heating bill will remain the same, the cost of repairs and maintenance of the property will increase. This is explained by the fact that water heating devices are part of the property of homeowners.

As for non-standard situations, when, for example, some apartments in multi-storey building has access to hot water, and the second - only to cold water; issues regarding payment for heating are resolved individually. As practice shows, residents are often required to pay for common property that they do not use.

Thermal energy component

If everything is quite simple when calculating payment for cold water (it is carried out on the basis of an established tariff), then not everyone understands what is included in the cost of such a service as heating.

The amount to pay for a service such as water heating is calculated taking into account the following components:

established tariff for thermal energy;
expenses required to maintain a centralized hot water supply system (from central heating points where water is heated);
cost of thermal energy loss in pipelines;
costs necessary to transport hot water.

Payment for utility services for hot water supply is calculated taking into account the volume of water used, which is measured in m3.

As a rule, the amount of required thermal energy is determined on the basis of general house values, which are shown by hot water meters and consumed thermal energy. The amount of energy used in each room is calculated by multiplying the volume of water used (determined by the meter) by specific consumption thermal energy. The energy volume is multiplied by the tariff. The resulting value is the amount required to pay for what is written on the receipt as “water heating”.

How to calculate it yourself in 2018-2019

Water heating is one of the most expensive utilities. This is explained by the fact that when heating it is necessary to use special equipment, powered by electricity. To make sure that the receipt shows the correct amount to be paid, you can do the calculations yourself and compare the resulting value with the amount indicated on the receipt. To do this, you need to find out the amount of payment for thermal energy established by the regional tariff commission. Further calculations depend on the presence or absence of metering devices:

If you have a meter installed in your apartment, then you can calculate the consumption of thermal energy based on its indicator.
If there is no meter, calculations should be made based on established standard indicators (set by an energy-saving organization).

If there is a general heat energy consumption meter in a residential building and individual meters installed in the apartments, the calculation of the amount for heating is calculated based on the readings of the general meter and further proportional distribution for each apartment. If such a device is not available, the amount required to pay for heating is calculated based on the standard energy consumption for heating 1 m 3 of water in the reporting month and the readings individual counter water.

Where to write a complaint

If the legality of the additional line “water heating” in receipts is in question, in order not to overpay for heating, it is recommended to first contact the Criminal Code with a request to explain what this item means. Appearances new line in the receipt is legal only on the basis of the decision of the owner of the apartment building premises. In the absence of such a decision, you should write a complaint to the State Housing Inspectorate. After filing a complaint with the Criminal Code, you must be provided with an answer with explanations within thirty days. If you refuse to justify why such a service is indicated in the receipt, you should file a complaint with the prosecutor's office with a claim in court. IN in this case, if you have already paid the amount indicated in the receipt, the basis for the claim will be Article 395 of the Civil Code of the Russian Federation. If a refund is not required, but you must pay for services that are not provided to you, file a claim to exclude the “water heating” line. In this case, it is worth referring to Article 16 of the Law “On Protection of Consumer Rights”.

In order to answer the question “What is thermal energy?” It is necessary to understand the difference between hot water and cold water, what affects the temperature of the water? It differs in the amount of heat it contains. This warmth, or otherwise thermal energy, cannot be seen or touched, it can only be felt. Any water with a temperature above 0°C contains some amount of heat. The higher the temperature of the water (steam or condensate), the more heat it contains. Heat is measured in Calories, in Joules, in MW/h (Megawatt per hour), not in degrees °C. Since tariffs are approved in rubles per Gigacalorie, we will take Gcal as the unit of measurement. Thus, hot water consists of the water itself and the heat energy or heat contained in it (Gcal). The water seems to be saturated with gigacalories. The more Gcal there are in the water, the hotter it is. In heating systems, the coolant (hot water) enters the heating system at one temperature and leaves at another. That is, he came with one amount of warmth and left with another. The coolant transfers some of the heat to environment through heating radiators. For this part that has not returned to the system, and which is measured in Gcal, someone needs to pay. With hot water supply, we consume all the water and, accordingly, all 100% of the Gcal in it, we do not return anything back to the system.

What is coolant?

All the hot water that runs through the pipes into the heating system or into the hot water supply system, as well as steam and condensate (the same hot water), is the coolant. The word coolant consists of two words - heat and carries. When making calculations, heat supply companies break down the coolant into Gcal and network water. The tariff for network water takes into account only the water itself, and does not take into account the Gcal in it. The hot water tariff takes into account both water and Gcal in it. The requirements for the coolant, depending on the purpose (for heating or for hot water supply), different requirements according to temperature and sanitary standards. The coolant for hot water supply has a minimum permissible temperature that must be provided by the heat supply organization, as well as increased quality requirements. For hot water supply purposes, it is taken drinking water, heats up and is released into the network. The coolant temperature for heating purposes depends on the outside air temperature (i.e. the weather). The colder it is outside, the more heating occurs. Conclusions: 1. When paying for heat, you will need to pay for both Gcal and network water. When paying for hot water, also if a separate tariff for hot water is not established. 2. Coolant - carries heat, hot water, also known as network water + Gcal in it. 3. Network water - water without Gcal. 4. In life, coolant and network water can mean the same thing. For those who want to understand this issue in more detail, we suggest that you familiarize yourself with the Rules for metering thermal energy and coolant.

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Is it legal to pay for water heating using a receipt in 2018?

Many people, when paying for utility services, are surprised to see the phrase “water heating” on the receipt. In fact, this innovation was adopted back in 2013. According to Government Decree No. 406, if there is a centralized water supply system, payment must be made at a two-component tariff.

The reason for this innovation was the additional use of energy. Risers and heated towel rails connected to the hot water supply system consume thermal energy, but this consumption was not previously taken into account in calculations of utility bills. Since heating fees can only be charged during the heating season, heating the air through the use of a heated towel rail was not paid for as a utility service. The government found a way out of this situation by dividing the tariff into two components.

Equipment

As for non-standard situations, when, for example, some apartments in a multi-storey building have access to hot water, and the second only to cold water, issues regarding payment for heating are resolved on an individual basis. As practice shows, residents are often required to pay for common property that they do not use.

Read also: Can the lights be turned off for non-payment of utilities?

Thermal energy component

The amount to pay for a service such as water heating is calculated taking into account the following components:

established tariff for thermal energy;
expenses required to maintain a centralized hot water supply system (from central heating points where water is heated);
cost of thermal energy loss in pipelines;
costs necessary to transport hot water.

Utility fees for hot water supply are calculated taking into account the volume of water used, which is measured in m3.

As a rule, the amount of required thermal energy is determined on the basis of general house values, which are shown by hot water meters and consumed thermal energy. The amount of energy used in each room is calculated by multiplying the used volume of water (determined by the meter) by the specific heat energy consumption. The energy volume is multiplied by the tariff. The resulting value is the amount required to pay for what is written on the receipt as “water heating”.

How to calculate it yourself in 2017-2018

Water heating is one of the most expensive utilities. This is explained by the fact that when heating it is necessary to use special equipment operating from the mains. To make sure that the receipt shows the correct amount to be paid, you can do the calculations yourself and compare the resulting value with the amount indicated on the receipt. To do this, you need to find out the amount of payment for thermal energy established by the regional tariff commission. Further calculations depend on the presence or absence of metering devices:

If you have a meter installed in your apartment, then you can calculate the consumption of thermal energy based on its indicator.
If there is no meter, calculations should be made based on established standard indicators (set by an energy-saving organization).

If there is a general heat energy consumption meter in a residential building and individual meters installed in the apartments, the calculation of the amount for heating is calculated based on the readings of the general meter and further proportional distribution for each apartment. If such a device is not available, the amount required to pay for heating is calculated based on the standard energy consumption for heating 1 m3 of water in the reporting month and the readings of an individual water meter.

Where to write a complaint

If the legality of the additional line “water heating” in receipts is in question, in order not to overpay for heating, it is recommended to first contact the Criminal Code with a request to explain what this item means. The appearance of a new line in the receipt is legal only on the basis of the decision of the owner of the apartment building premises. In the absence of such a decision, you should write a complaint to the State Housing Inspectorate. After filing a complaint with the Criminal Code, you must be provided with an answer with explanations within thirty days. If you refuse to justify why such a service is indicated in the receipt, you should file a complaint with the prosecutor's office with a claim in court. In this case, if you have already paid the amount indicated in the receipt, the basis for the claim will be Article 395 of the Civil Code of the Russian Federation. If a refund is not required, but you must pay for services that are not provided to you, file a claim to exclude the “water heating” line. In this case, it is worth referring to Article 16 of the Law “On Protection of Consumer Rights”.

Read also: Is it necessary to check water meters in Moscow?

If there is a need to appeal the actions of housing and communal services on issues related to violation of the rights of consumers of utility services, you should contact Rospotrebnadzor. If you have any questions about the tariffs established for housing and communal services, please contact Federal service according to tariffs.

zhkhinfo.ru

Gcal, coolant, hot and network water

Let Management Company Our Home will explain what we pay for and how the concepts listed above differ from each other. It is difficult for us, ordinary residents, to maneuver in technical terms.

Question from the site nashdomkch.ru

Sergey Kirilyuk, head of the energy department of the UZHK “Our Home”, answers:

Invoices for heat and hot water presented by heat supply companies may indicate the following tariffs: - per Gcal, (RUB/Gcal); - for network water (rub/t) or for coolant (rub/m3);

For hot water or domestic hot water (RUB/m3)

Not all consumers understand why their bills include a large amount for heat energy (RUB/Gcal), for hot water (RUB/m3), and then a relatively small amount for network water (RUB/m3). T). What is this additional fee? I will not give a dictionary definition of thermal energy, I will try to explain it “on my fingers”.

Think about how hot water differs from cold water, what affects the temperature of the water? It differs in the amount of heat it contains. This heat (or, in other words, thermal energy) cannot be seen or touched, it can only be felt. Any water with a temperature above 0°C contains some amount of heat. The higher the temperature of the water (steam or condensate), the more heat it contains.

Heat is measured in calories, in joules, in MW/h (megawatt per hour), not in degrees °C. Since tariffs are approved in rubles per gigacalorie, we will take Gcal as the unit of measurement. Thus, hot water consists of the water itself and the heat energy or heat contained in it (Gcal). The water seems to be saturated with gigacalories. The more Gcal there are in the water, the hotter it is.

In heating systems, the coolant (hot water) comes in at one temperature and leaves at another. The water releases some of its heat into the environment through heating radiators. For this part, which has not returned to the system, and which is measured in Gcal, someone needs to pay.

With hot water supply, we consume all the water and, accordingly, all 100% of the Gcal in it; we do not return anything back to the system.

What is coolant? All the hot water that runs through the pipes into the heating system or into the hot water supply system, as well as steam and condensate (the same hot water). The word coolant consists of two words - heat and carries. When making calculations, heat supply companies break down the coolant into Gcal and network water, which confuses some consumers.

If previously UZHK “Our House” charged for hot water according to DHW tariffs in rubles/m3, now we break down the coolant for DHW needs. In our invoices for hot water there is no tariff of rubles/m3. We bill for DHW in the same way as for heat, separately for network water and separately for Gcal.

The tariff for network water takes into account only the water itself, and does not take into account the Gcal in it. The hot water tariff takes into account both water and Gcal in it.

Depending on the purpose (for heating or for hot water supply), the coolant is subject to different temperature and sanitary standards. For hot water supply, there is a minimum permissible temperature that must be provided by the heat supply organization, as well as increased quality requirements.

In Kachkanar there is a 2-pipe open heat supply system, from which it is powered DHW system in each separately standing house- this was determined by the project during the construction of the city. IN summer period there is no circulation of the heating system, hot water is supplied through one of the pipes of the heating system (starting from the thermal power plant and to each consumer).

The temperature of the heating fluid depends on the outside air temperature (weather). The colder it is outside, the more we warm it up.

Conclusions: - when paying for heat, you will need to pay for Gcal. When paying for hot water - both for Gcal and for network water (coolant); - coolant - carries heat, hot water, also known as network water + Gcal in it; - network water - water without Gcal;

In life, coolant and network water can mean the same thing.

Tags: housing and communal services

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Payment for heat energy as part of hot water supply

By Decree of the Government of the Russian Federation dated 02/14/2015 No. 129, in order to regulate the procedure for applying two-component tariffs for hot water, amendments were made to the RF PP dated 05/06/2011 No. 354 and RF PP dated 05/23/2006 No. 306. According to the amendments made when establishing two-component tariffs for hot water supply (hereinafter referred to as DHW) “the amount of payment for a utility service for hot water supply is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide a utility service for hot water supply, and the cost of the component for thermal energy used to heat cold water for the purpose of provision of public services for hot water supply" (paragraph 6 of clause 38 of Rules 354), while the authorized body of the constituent entity of the Russian Federation "establishes a standard for the consumption of thermal energy used to heat cold water for the provision of public services for hot water supply" (clause 32(1) of Rules 306 ). And if the procedure for calculating the cost of hot water supply between the consumer and the utility service provider (hereinafter referred to as the ICU) was resolved (although to this day there are a huge number of cases of its violation), then when calculating between the ICU and the resource supply organization (hereinafter referred to as the RSO), problems arose and continue to arise disputes, especially in cases of equipping houses with common house metering devices, which determine both the volume of hot water consumption and the amount of heat energy in the composition of consumed hot water.

Heat in DHW: volume of consumption and cost to pay

If we consider the consumption of hot water in apartment buildings, it is easy to establish cases in which, with the same volume of hot water consumption, the heat consumption in the composition of this water will be different. Such cases include the consumption of “cooled” hot water in the house by those residents who wake up earlier in the morning or go to bed later in the evening in the absence of circulation in the house. Obviously, the water will be hotter during long-term one-time consumption compared to many short-term inclusions, even if the total volume of short-term inclusions is equal to the volume of long-term one-time consumption. During the inter-heating period, there is a significant difference in the temperature of hot water in houses of the same type (for which the same consumption standards are established) depending on the length of the hot water supply network from these houses to the RSO (distance of the apartment building from the boiler room) - residents of houses connected to the “end” segments of heating networks usually use less hot water than houses connected to “transit” pipelines of the same networks.

Probably, in order to create some kind of averaged unified calculation system, the Government of the Russian Federation decided to approve standards for heat energy consumption for DHW heating and gave the right to establish such standards to the constituent entities of the Russian Federation authorized to approve standards for the consumption of utility services. This eliminated the possibility of determining different prices for hot water (in rubles per cubic meter), for example, for residents of different apartments in the same apartment building. It should be noted that the different cost of hot water (in rubles per cubic meter) for residents of the same house in different months is also excluded - after all, the calculation of the cost of a cubic meter of hot water consumed by the consumer must be based on the cost of the component for cold water, the tariff for which approved by the subject of the Russian Federation, and the cost of the component for thermal energy, the tariff for which and the volume for each unit of water (heat standard for heating hot water) are also approved by the subject of the Russian Federation. Thus, the cost of one cubic meter of hot water does not depend in any way on the actual heat consumption for heating this water (measured or calculated in any way), but is calculated based only on those parameters that are approved by the state authorities of the constituent entity of the Russian Federation.

If we talk about the amount of heat energy consumed for the purpose of hot water supply by the entire apartment building (hereinafter - MKD), then, of course, this amount can be determined by such a common house metering device (hereinafter - OPU), which measures not only the consumption of hot water for the needs of hot water supply, but and the heat content of this water. The position of the overwhelming majority of RSO, which is that the heat supplied to the MKD is subject to payment in full, is reasonable and logical. No less logical is to determine the amount of heat energy in the DHW consumed by the entire apartment building, according to the control unit, which allows such an amount to be measured. At the same time, in the opinion of these RSOs, there is no need to apply the standard for the consumption of thermal energy used to heat cold water to provide public services for hot water supply, approved by the state authorities of the constituent entity of the Russian Federation. If the common house DHW meter does not have a function for measuring the amount of heat (and even more so if there is no control unit at all), the same RSOs consider the use of heat standards for heating DHW already necessary.

The position, of course, is not without logic, however, the current legislation of the Russian Federation does not give the right to choose whether to use the heat standard for heating hot water in the calculations or not to use it. The rules on the use in calculations of the standard consumption of thermal energy used to heat cold water to provide public services for hot water supply are imperative and subject to unconditional execution. At the same time, the legislation of the Russian Federation simply does not contain any norms on the possibility of using in calculations the readings of the control unit, which determine the amount of heat energy in the composition of the hot water supply. Thus, the use of such OPU readings in calculations, although logical, is not based on the law, and therefore is unlawful. At the same time, the use of heat standards for DHW heating in calculations is not a right provided for in individual cases (for example, the absence of a control unit, or the absence of a control unit function for measuring the heat content in DHW), but an obligation for any cases without exception.

From the above it follows that when calculating the cost of hot water supply (both between the consumer and the provider of the hot water supply service, and between the ICU and the distribution center), it is not the actual amount of heat energy consumed for heating water for the provision of public services for hot water supply, but the standard heat consumption for heating hot water supply .

What did the court find?

These circumstances were studied by the Arbitration Court of the Moscow Region, and then - on appeal - by the 10th Arbitration Court of Appeal, when considering the case on the claim of Orekhovo-Zuevskaya Heating Network LLC against the Avtoproezd HOA (case No. A41-18008/16) for recovery debts on payment for thermal energy. As third parties, the Main Directorate of the Moscow Region “State Housing Inspectorate of the Moscow Region”, the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Ministry of Construction and Housing and Communal Services of the Moscow Region were involved in the case.

In the Decision dated December 12, 2016 in case No. A41-18008/16, the Moscow Regional Court stated:

“Having directly, fully and objectively examined the evidence presented by the parties in support of the stated claims and objections, the court came to the following conclusion.

As established by the court, on September 26, 2012, Heat Supply Agreement No. 240 was concluded between the plaintiff and the defendant, according to which the plaintiff is the energy supply organization, the defendant is the subscriber.

In accordance with paragraph 1 of Article 539 of the Civil Code Russian Federation(hereinafter referred to as the Civil Code of the Russian Federation) under an energy supply agreement, the energy supply organization undertakes to supply energy to the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy...

Based on Article 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties. The procedure for payments for energy is determined by law, other legal acts or agreement of the parties.

In accordance with the provisions of Article 157 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by government authorities subjects of the Russian Federation in the manner established by the Government of the Russian Federation, at tariffs established by state authorities of the subjects of the Russian Federation in the manner established by federal law.

Part 5 of Article 9 of the Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply” establishes that tariffs for hot water in open systems heat supply (hot water supply) are set in the form of two-component tariffs using a component for coolant and a component for thermal energy.

According to Part 9 of Article 32 of the Federal Law of December 7, 2011. No. 416-FZ “On Water Supply and Sanitation”, tariffs in the field of hot water supply can be set in the form of two-component tariffs using a component for cold water and a component for thermal energy in the manner determined by the pricing principles in the field of water supply and sanitation approved by the Government of the Russian Federation.

Clause 88 of the Basic Principles of Pricing in the Sphere of Water Supply and Sanitation, approved by Decree of the Government of the Russian Federation dated May 13, 2013 No. 406, stipulates that tariff regulatory authorities establish a two-component tariff for hot water in closed system hot water supply, consisting of a cold water component and a thermal energy component.

Thus, the executive authorities of the constituent entities of the Russian Federation in the field of price (tariff) regulation make decisions on establishing two-component tariffs for hot water in accordance with the standards current legislation.

In order to regulate the procedure for applying two-component tariffs for hot water, Decree of the Government of the Russian Federation of February 14, 2015 No. 129 (came into force on February 28, 2015) amended the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by decree of the Government of the Russian Federation of May 6, 2011. No. 354 (hereinafter referred to as Rules No. 354), and the Rules for establishing and determining standards for the consumption of utility services, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 306 (hereinafter referred to as Rules No. 306).

Clause 38 of Rules No. 354 provides that in the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the hot water supply utility service, and the cost of the component for thermal energy used to heat cold water for the purpose of providing public hot water supply services.

In accordance with paragraph 42 of Rules No. 354, in the case of establishing two-component tariffs for hot water, the amount of payment for the hot water supply utility service provided to the consumer for the billing period in a residential premises equipped with an individual or common (apartment) meter is determined in accordance with formula 23 Appendix No. 2 to Rules No. 354 based on the readings of hot water meters and the standard consumption of thermal energy used to heat water, and in the absence of such a meter - based on the standard for hot water consumption and the standard for the consumption of thermal energy used to heat water.

At the same time, Rules No. 354 do not provide for the use of thermal energy as a utility service, which corresponds to the provisions of Part 4 of Article 154 of the Housing Code of the Russian Federation.

Taking into account the above, Rules No. 354 provide for the distribution of thermal energy used to heat cold water for the purpose of providing public services for hot water supply, within the framework of the standard for the consumption of thermal energy for heating water for the purpose of providing public services for hot water supply.

In this regard, the corresponding amendments made to Rule No. 306 provide that the standard for the consumption of public services for hot water supply is determined by establishing the standard for the consumption of hot water in residential premises and the standard for the consumption of thermal energy for heating water for the purposes of hot water supply.

Thus, according to paragraph 7 of Rules No. 306, when choosing a unit of measurement for consumption standards in relation to hot water supply (hot water), the following indicators are used:

in residential premises - cubic meters. meter of cold water per person and Gcal for heating 1 cubic meter. meter of cold water or cubic. meter of hot water per person;

for general house needs - cubic meters. meter of cold water and Gcal for heating 1 cubic meter. meter of cold water per 1 sq. meter total area premises included in the common property in an apartment building, or cube. meter of hot water per 1 sq. meter of total area of premises included in the common property in an apartment building.

This principle ensures fair distribution of thermal energy for heating a cubic meter of water among all consumers, depending on the volume of hot water consumption. In this regard, the procedure for determining the amount of payment for utility services for hot water supply, established by the Rules No. 354, fully complies with the requirements of the Housing Code of the Russian Federation and was established taking into account the exclusion of the occurrence of unfair financial burden on citizens.

Thus, regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the heat supply (hot water supply) system (open or closed), and also regardless of the season (heating or non-heating), the amount of heat The energy used to heat water is determined according to the standards established in the manner prescribed by law for the consumption of thermal energy to heat water for the purposes of hot water supply.

Accordingly, if there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices that measure the thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supply organizations.

In the case under consideration, Rules No. 354 do not provide for any other procedure for determining the amount of payment for utility services for hot water supply.

Civil rights and the obligations of the management organization or the homeowners’ association or housing cooperative or other specialized consumer cooperative (hereinafter referred to as the partnership, cooperative) to make payments for the resources necessary for the provision of utility services arise from resource supply contracts concluded in the manner prescribed by the Rules mandatory upon conclusion management organization or homeowners' association or housing cooperative or other specialized consumer cooperative of contracts with resource supply organizations approved by Decree of the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter referred to as Decree No. 124, Rules No. 124).

According to subparagraphs “d”, “e” of paragraph 17 of Rules No. 124, the procedure for determining the volumes of supplied communal resource, the procedure for payment for a utility resource are essential terms of the resource supply agreement.

At the same time, in conjunction with the requirements of Rules No. 124, when concluding a resource supply agreement, the Requirements for making payments for resources necessary for the provision of utility services, approved by Decree of the Government of the Russian Federation of March 28, 2012 No. 253 (hereinafter referred to as the Requirements), are also subject to application.

Clause 4 of the Requirements establishes that funds received by the contractor from consumers to pay for utility services are subject to transfer in favor of resource supply organizations.

In this case, paragraph 5 of the Requirements stipulates that the amount of payment by the utility service provider due for transfer in favor of the resource supplying organization supplying a specific type of resource is determined depending on the consumer’s payment for the corresponding utility service in the full amount specified in payment document, or with partial payment, which fully corresponds with the above provisions of Rules No. 124.

Based on the above, the amount of payment by the utility service provider in favor of the resource supplying organization is subject to determination taking into account the quantity Money received from consumers of utility services, as well as taking into account the volume of utility resources in the event that the resource supplying organization supplies a utility resource of inadequate quality or with interruptions exceeding the established duration.

In addition, management organizations (partnerships, cooperatives), being providers of utility services in an apartment building, purchase utility resources from resource-supplying organizations not for resale, but to provide the corresponding utility service to consumers and pay for the amount of utility resource consumed in such an apartment building from payments received from consumers for utility services.

In accordance with the Decision Supreme Court Russian Federation dated June 8, 2012 No. AKPI12-604, according to which, within the framework of Resolution No. 124, a management organization, partnership or cooperative is not an economic entity with independent economic interests different from the interests of residents as direct consumers of utility services. These organizations carry out activities to provide utility services on the basis of a management agreement for an apartment building and pay for the volume of utility resources supplied under the resource supply agreement only from received consumer payments. In this situation, the amount of payment for a utility resource under a resource supply agreement must be equal to the amount of payment for a utility service paid by all consumers of utility services in accordance with the Rules for their provision.

Taking into account the above, regardless of the agreement, the parties are obliged to follow the mandatory rules that govern the procedure for payment for utility services provided.

According to paragraphs 10, 11 of part 1 of article 4 of the Housing Code of the Russian Federation, relations regarding the provision of utility services, payment for residential premises and utilities are regulated by housing legislation.

In accordance with the provisions of Article 8 of the Housing Code of the Russian Federation, housing relations related, including the use engineering equipment, provision of utility services, payment of fees for utility services, the relevant legislation is applied, taking into account the requirements established by the Housing Code of the Russian Federation.

Taking into account the above, when concluding a resource supply agreement with persons managing an apartment building, and establishing conditions in it, including those regulating the procedure for terminating the supply of the corresponding type of communal resource to apartment house, you must first of all be guided by the norms of housing legislation, in particular Rules No. 124, taking into account the provisions of Rules No. 354.

Clause 5 of the Requirements establishes that the amount of the contractor's payment due for transfer in favor of the resource supplying organization supplying a specific type of resource is determined in the amount of the fee for a specific utility service indicated in the payment document, accrued to the consumer for a given billing period in accordance with Rules No. 354 (if payment by the consumer in full), and if the consumer does not pay in full - in an amount proportional to the amount of payment for a specific utility service in the total amount of payments indicated in the payment document for work and services performed (provided) for a given billing period.

Based on this, the homeowners association is obliged to cover obligations to resource-supplying organizations for the volume of communal resources using funds received from consumers to pay for consumed utilities for hot water supply, that is, calculated based on the standard consumption of thermal energy used to heat water in order to provide public services for hot water supply.

Based on the above, the Arbitration Court of the Moscow Region believes that the stated claims cannot be satisfied.

Guided by the articles of Art. 110, 112, 162, 167–170, 176 Arbitration Procedural Code of the Russian Federation, Arbitration Court of the Moscow Region

Refuse to satisfy the claims."

The Tenth Arbitration Court of Appeal, having considered the appeal against the decision of the Arbitration Court of the Moscow Region, adopted Resolution No. 10AP-805/2017 dated April 17, 2017 in case No. A41-18008/16, which repeated the arguments of the trial court, additionally indicating:

“The arguments of the appeal repeat the arguments of the claim and were rightly rejected by the court of first instance.

Taking into account the totality of the circumstances presented, the appellate court does not find any grounds provided for by law to re-evaluate the findings of the trial court and satisfy the demands of the appeal.

Guided by Articles 266, 268, paragraph 1 of Article 269, Article 271 of the Arbitration Procedure Code of the Russian Federation, the court

DECIDED:

The decision of the Arbitration Court of the Moscow Region dated December 12, 2016 in case No. A41-18008/16 is left unchanged and the appeal is not satisfied.”

conclusions

The Arbitration Court of the Moscow Region and the 10th Arbitration Court of Appeal, which supported its opinion, when considering case No. A41-18008/16, established that regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the type of heat supply system/ hot water supply (open or closed), regardless of the period of the year (heating or inter-heating), “the amount of thermal energy used to heat water is determined according to the standards established in the manner prescribed by law for the consumption of thermal energy for heating water for the purposes of hot water supply..., “If there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices that measure the thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supply organizations.”

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