How to get a recalculation of fees for low-quality hot water. Recalculation of fees for low-quality utility services (heating, hot water supply) Recalculation of hot water supply

Explanations on the procedure for recalculating fees for the provision of low-quality utilities for heating and hot water supply

GZHI of the Kemerovo region explains to residents the procedure for recalculating fees for the provision of low-quality utility services for heating and hot water supply.

WHAT STANDARDS SHOULD THE QUALITY OF PUBLIC SERVICES MEET?

According to the rules and regulations for the provision of public utility services, they must be provided to consumers in the required volumes and of proper quality. Otherwise, the amount of payment for a particular utility service is subject to reduction.

For heating, the air temperature in the living room should be at least +20 °C (at corner rooms— +22 °C). In this case, the permissible excess standard temperature- no more than 4 °C, a permissible decrease in the standard temperature during the day is not allowed, at night (from 0.00 to 5.00 hours) - no more than 3 °C.

For hot water, the temperature at the water intake points should be no lower than 60 °C and no higher than 75 °C. 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 allowed by no more than 5 °C, in the daytime (from 5.00 to 00.00 hours) - by no more than 3 °C.

HOW MUCH CAN I REDUCE THE AMOUNT OF PAYMENT FOR POORLY PROVIDED PUBLIC SERVICES?

If the temperature of the supplied hot water differs from the specified one, or the air temperature in the living room does not meet the standards, then this is considered a service poor quality.

According to the law, for each hour and degree of deviation in air temperature in a residential area, in total during the billing period in which the specified deviation occurred, the amount of payment for utility services is reduced by 0.15% (k = 0.0015).

As for hot water supply, for every hour and for every 3 °C deviation from the permissible deviations in hot water temperature, the utility fee is reduced by 0.1% (k = 0.001).

And if the temperature of hot water at the point of collection is below 40 °C, then for each hour of such supply, payment for the consumed water must be made at the rate for cold water supply.

WHAT SHOULD BE DONE TO ACHIEVE A RECALCULATION OF PAYMENTS FOR POORLY PROVIDED PUBLIC SERVICES?

It is important to understand that recalculations for poorly provided utility services are made only if all legal requirements for the procedure for establishing the fact of provision of such services are met. So, first of all, residents should contact their utility service provider - this can be a resource supply organization or a management company. A message about a violation of the quality of a utility service can be submitted in writing in the form of a statement () or orally; it must be registered by the organization's emergency dispatch service. Within two hours of receiving the request, its employees are required to conduct an inspection of the living space and take temperature measurements, the results of which must be entered into a special act of the established form. It is drawn up in several copies according to the number of interested parties participating in the inspection, one of the acts is handed over to the consumer (or his representative), the second copy remains with the contractor.

If the utility service provider refuses the owners, they can draw up the document themselves. In this case, the act is signed by two consumers and the chairman of the council apartment building and transferred to the management company.

Together with an act indicating non-compliance temperature regime regulatory indicators, the owner must fill out an application requesting recalculation for poorly provided utility services (). Thus, these two documents are the basis for reducing the heating fee.

To determine the recalculation period, after eliminating the causes of violation of the quality of the utility service, the contractor is obliged to make sure that the consumer is provided with a utility service of appropriate quality in the required volume and draw up an act on the results of the inspection based on the results of eliminating the causes of violation of the quality of the utility service, which is signed by the consumer (or his representative ) and performer.

HOW TO CORRECTLY MAKE INDEPENDENT TEMPERATURE MEASUREMENTS IN A RESIDENTIAL PREMISES?

To determine the temperature in a room, it is measured at interior wall each room at a distance of one meter from outer wall and one and a half meters from the floor.

Measuring range and permissible error measuring instruments must meet the requirements according to which the maximum deviation is 0.1 °C. Otherwise, when measuring with a household thermometer, a measurement error of 1-2°C for such a device can lead to a situation in which “overheating”, if present, will not be detected, and therefore no consequences in the form of recalculation will occur.

EXAMPLE OF RECALCULATION OF PAYMENT IN CONNECTION WITH THE PROVISION OF POOR-QUALITY HEATING SERVICES

Apartment area – 54m2;
Consumption standard - 0.017925 Gcal/m2;
The cost of 1 Gcal is 703.38 rubles. /m2;
Number of days in a month - 30 days. ;
Number of days when the temperature exceeded the norm – 7 days;

Deviation of temperature from the norm and maximum permissible deviations - by 3 degrees (temperature in the apartment is 27°C with permissible values ​​​​of 24°C);

The decrease for each degree and each hour when a violation occurred is 0.15% (0.0015).

1. The cost for heating per month will be: 54m2 x 0.017925 Gcal/m2 x 703.38 rubles. = 680.84 rub.;
2. Accrual for the period in which the violation was established is 680.84 rubles/30 days. x 7 days = 158.86 rub.;
3. 3℃ x 0.0015 x 7 days. x 24 hours x 158.86 rub. = 120.1 rub.;
Amount to be paid: RUB 680.84. — 120.1 rub. = 560.74 rub.

Thus, the payment in this situation will be reduced by 18%

According to sanitary standards, hot water from the tap should be from 60 to 75 *C. If the water temperature is less than 60 * C, then a recalculation must be requested.

17.03.2011 I called the control room with a request to measure the water temperature. According to government decree 05/06/2011 N354 “On the provision of commercial services to owners and users”, the procedure should be as follows:

106. A report of a violation of the quality of a utility service can be made by the consumer in writing or orally (including by telephone) and is subject to mandatory registration by the emergency dispatch service. In this case, the consumer is obliged to provide his last name, first name and patronymic, the exact address of the premises where a violation of the quality of the utility service was discovered and the type of such utility service. The emergency dispatch service employee is obliged to inform the consumer about the person who received the consumer’s message (last name, first name and patronymic), the number under which the consumer’s message was registered, and the time of its registration.

107. If an employee of the emergency dispatch service of the contractor knows the reasons for the violation of the quality of public services, he is obliged to immediately notify the contacting consumer about this and make an appropriate note in the message log.

108. If the employee of the emergency dispatch service of the contractor does not know the reasons for the violation of the quality of the utility service, he is obliged to agree with the consumer on the date and time of checking the fact of the violation of the quality of the utility service.

109. Upon completion of the inspection, an inspection report is drawn up. [...] The inspection report is drawn up in the number of copies according to the number of interested persons participating in the inspection, signed by such persons (their representatives), 1 copy of the act is given to the consumer (or his representative), the second copy remains with the contractor, the remaining copies are transferred to interested parties participating in the verification.

COMPLAINT about refusal to recalculate fees for hot water.

On March 17, 2011, at my request in connection with the low temperature of the hot water supply, the chief engineer of ZhEU-54 LLC, Khairetdinova Kh. The temperature of hot water in the bathroom and kitchen was measured.

After draining hot water for 5 minutes, the temperature of the pipes was measured. Since in the bathroom the hot water in the tap comes from the heated towel rail pipe, the temperature in the report is indicated as “return temperature (dry): 40.5 * C". Hot water measurements in the kitchen are indicated in the report as “DHW supply temperature: 50*C”.

The repeated temperature measurement provided for by paragraph 74 of the Government of the Russian Federation of May 23, 2006 N 307 “On the procedure for providing utility services to citizens” was carried out only on April 12. The temperature of the hot water in the bathroom was 44*C.

In response to my request to recalculate the payment for DHW, I received a response dated 04/11/2011 No. 766 with the following content: “according to the act, the DHW temperature is 50*C, the temperature in the bathroom was not measured. The DHW temperature corresponds to standard values, recalculation is not made.” Thus, among other things, there is a discrepancy in the answer with the fact that the temperature of hot water in the bathroom was measured and was equal to 40.5 * C

I did not agree with this decision and on April 19 sent a second request, in which I demanded a recount in accordance with paragraph 6 of Appendix No. 1 of Rules 307. In the response dated April 25, 2011 No. 864, all my arguments were ignored and again there was only a reference to paragraph 5 of Appendix No. 1 Rule 307.

I insist that the recalculation should be made in accordance with paragraph 6 of Appendix No. 1 of Rules 307, since there is a violation of sanitary standards and the presence of paragraph 5 of Appendix No. 1 of Rules 307 does not mean that the management company has the right to violate sanitary standards.

So, according to SanPiN 2.1.4.2496-09:
1.2 Real sanitary rules are binding on everyone legal entities, individual entrepreneurs, whose activities are related to the organization and (or) provision of centralized hot water supply systems.
2.4. The temperature of hot water in water collection points, regardless of the heat supply system used, must be no lower than 60 °C and no higher than 75 °C.

According to paragraph 6 of Appendix No. 1 of the Rules “On the procedure for providing utility services to citizens,” approved by Decree of the Government of the Russian Federation of May 23, 2006 N 307, one of the requirements for the quality of utility services in terms of hot water supply is constant compliance of the composition and properties of hot water with sanitary standards and rules.

The fact that such an indicator as water temperature relates to the properties of water follows from the combined interpretation of the provisions of SanPiN 2.1.4.2496-09 (in particular, clause 2.1.) and Rules 307 (clause 6 of Appendix No. 1).

According to paragraph 6 of Appendix No. 1 of Rules 307, it is stipulated that deviations in the composition and properties of hot water from sanitary norms and rules are not allowed; if the composition and properties of water do not comply with sanitary norms and rules, payment is not made for each day of provision of a utility service of inadequate quality (regardless of the indications metering devices).

In addition, the requirement of SanPiN 2.1.4.2496-09 to maintain a hot water temperature of at least 60*C does not contradict, but only tightens the requirement of paragraph 5 of Appendix No. 1 of Rules 307, according to which the hot water temperature must be at least 50*C for closed systems centralized heating.

ASK:
1) bring OJSC "UZHKh Kalininsky district of the urban district of Ufa RB" to administrative responsibility under Part 2 of Art. 14.4 Code of Administrative Offenses and Art. 6.4 Code of Administrative Offenses
2) issue an order to recalculate the payment for hot water supply for March in accordance with paragraph 6 of Appendix No. 1 of Rules 307, considering the period of provision of utility services of inadequate quality from March 17, 10:00 to March 31, 24:00
3) due to the fact that the response to my request dated April 19 was issued only on April 25, I ask you to warn OJSC "UZHH Kalininsky district of the urban district of Ufa RB" about the inadmissibility of violating the requirements of paragraph 49, subparagraph "I" of rules 307, according to to which a notice of acceptance of this requirement and subsequent satisfaction or refusal to satisfy it, indicating the reasons for the refusal, must be sent to the applicant within two working days, otherwise an administrative case may be initiated under Part 1 of Article 14.8 of the Code of Administrative Offenses
4) due to the fact that SanPiN 2.1.4.2496-09 does not provide standards according to which deviations in water temperature would be allowed during the first minutes, I ask you to explain to ZhEU-54 LLC that the water temperature should be measured without first draining the water. *

10.05.2011 a whole delegation arrives to measure the water temperature: a representative of Rospotrebnadzor, an employee of the Federal State Institution "Center for Hygiene and Epidemiology in the Republic of Belarus", Chief Engineer ZhEU-54, two important representatives of Kalininsky UZHH.

23.05.2011 comes the answer from Rospotrebnadzor:


1.06.2011 UZHH notifies:

Receipt arrives:

16.06.2011 Just in case, I’m writing a statement asking for an explanation of exactly how the recalculation was calculated:

In accordance with paragraph 49 (subparagraph "r") of the Decree of the Government of the Russian Federation "on the procedure for providing utility services to citizens" dated May 23, 2006 N 307, I ASK you to provide documents within 3 working days confirming the correctness of the recalculation of fees for hot water supply in the receipt to payment for June 2011

21.06.2011 The ERCC issues a certificate. The text is hard to read, but the point is that the refund amount was calculated using the formula: (<Тариф горячей воды> - <Тариф cold water>) * <Объём горячей воды> * (<количество дней с температурой ниже 60 *С> / <количестве дней в месяце>)

1. SanPin: http://www.rg.ru/2009/05/22/sanpin-dok.html
2. Old resolution: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=114260
3. New resolution:

Obtaining services is one of the topics that requires knowledge at the level of regulations and legal precedents. The work of public utilities is far from free of complaints from residents. And getting poor quality services you need to understand that utility services must pay for these inconveniences.

One of the most common violations of the rights of residents as consumers is reduced hot water supply parameters. For this, utility companies are obliged to comply.

The cost of hot water supply is determined in the following main ways:

1. If there is a water meter - by multiplying the established tariff by the number of cubic meters of water consumed based on the water meter readings.
2. With unmetered consumption, payment is the product of the standard consumption per consumer, the number of persons registered in the housing and the calculated tariff.

The full estimated cost is charged upon quality provision of the service. Such parameters are regulated by legal norms. According to SanPin 2.1.4.2496-09, the supplied hot water, at the place where the resident receives it, must correspond to a temperature range from 60 degrees to 75 maximum. Such conditions must be provided all year round.

There are minor changes in parameters depending on the time of day. So, during the daytime deviations are possible, but not more than 3 degrees. At night from 0 o'clock to 5 o'clock this deviation is no more than 5 degrees.

Actions when a temperature discrepancy is detected

To receive a refund for poor quality services, you must submit an application for recalculation under the hot water supply item. . The application is drawn up on the essence of the issue with a copy of the temperature measurement report attached. The reduction in payment is made directly for the period recorded in the act.

It is important to know how to correctly recalculate water supply. There are several types of calculations:

1. At a hot water temperature below 40 degrees, the cost of a cubic meter of water is equal to the price per cubic meter of cold water.
2. For temperature parameters above 40 degrees and up to standard values, the calculation consists of a reduction of 0.1 percent of the payment for every 3 degrees from the norm.

The actions also differ depending on the presence of a meter. By paying for the service according to the standard, the cost of hot water at low temperatures is reduced in the usual way using formulas. If there is a meter, recalculation of water supply depends on timely transmitted meter readings. If the meter readings have not been transferred to the management company for more than 6 months, then insisting on a refund or not charging excess amounts may be problematic.

The issue of revising payment for poor-quality services must be resolved in parallel with eliminating the reasons that led to this situation. The reason may be a malfunction engineering equipment. And fixing it may take some time. long time. Only persistence will help you return the opportunity to receive quality service.

Planned shutdown of hot water supply is carried out at summer period for repair of water supply networks, in case of accidents, equipment interruptions.

The law provides for a clear mechanism for utility services to calculate payments.

1. The Housing Code of the Russian Federation dated December 29, 2004 N 188-FZ establishes quality criteria for the provision of housing and communal services.
2. Federal Law No. 416-FZ dated December 7, 2011 “On Water Supply and Sanitation” regulates legal relations in the field of water resources provision, lists the requirements for quality and safety water resources.
3. Federal Law No. 2300-1 of 02/07/1993 “On the Protection of Consumer Rights” defines the rules of interaction between sellers (performers) and buyers.
4. Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of residential premises in multi-apartment buildings” contains quality criteria utility resources(Appendix 1), the procedure for their payment, provision, responsibility of the parties (Articles 149-160), recalculation practices (Chapter 8).
5. Decree of the Government of the Russian Federation dated February 26, 2016 No. 1498 “On issues of providing utilities and maintaining common property in an apartment building” makes some clarifications for resource supply organizations and citizens.
6. SanPiN 2.1.4.2496-09 “Hygienic requirements for ensuring the safety of hot water supply systems” calls hygienic requirements to the quality of resources, organization of centralized water supply systems.

Is it legal to charge

Current legislature, the rules of contractual relations establish that money can only be charged for services actually provided. Therefore, the amount of payment for hot water supply during a planned long break is reduced by this amount.

The legislator has established the permissible duration of non-provision of hot water:

• a total of 8 hours per month;
• no more than 4 hours at a time;
• 24 hours in case of an accident on the highway.

The maximum duration of a hot water supply interruption in summer can be two weeks. If renovation work are delayed, the issue of payment arises acutely. It is produced for the entire time the resource is unavailable.

The issue of accrual may arise not only among residents who have not provided their plumbing systems counters. If they are available, the citizen independently transmits meter readings and controls the correctness of their reflection in receipts. But when cold water flows from both taps and the meter turns to hot, the fee must also be recalculated. To avoid such situations, it is better to turn off the riser during breaks.

IMPORTANT! If there are no meters, then charges are made according to the standard depending on the number of persons registered in the living space.

Should recalculation be made during a planned shutdown?

Hot water should not be paid in full for a period of time longer than allowed, when the water temperature does not exceed +40°C. At this time, the cost gradually decreases to the cold water tariff. If the receipt contains an incorrectly accrued amount for hot water supply, you need to request a recalculation.

If there is a planned outage for 14 days, no service fee will be charged. If the repair is delayed, and from the tap water is coming not exceeding +40°C, the fee for its consumption is equal to the cost of cold.

How it happens

Recalculation is done until complete release from payment for hot water supply.

IMPORTANT! Regarding the current break: every hour in excess of the permissible shutdown, the size of the DHW fee should be reduced by 0.15%.

If restoration work is delayed, the total should be calculated at the cold tariff.

Deadlines

The consumer will see the result of the recalculation in the receipt of the current month. If the amount remains the same, you need to contact government supervisory authorities to protect your rights.

How to do it

If the water shutdown was done as planned, it turned out to be long-lasting, or the emergency dispatch service accepted requests from residents, most often the cash settlement center (CSC) independently adjusts the fee for the unprovided resource. If this does not happen, you must apply there with a corresponding application.

Statement

The claim is sent to the management of the RCC, which is obliged to make accruals. The document must contain information:

1. Full name of the head, name of the recipient organization.
2. Full name, registration address of the applicant.
3. The title of the document is Application.
4. Accurate information about the failure to provide water: date, time, information about the presence or absence of metering devices. If they are available, then add the water meter readings before and after the break. There must be references to the agreement with the management company or RSO.

IMPORTANT! Attach to the application a receipt with an overcharged fee, an act on the provision of poor-quality services, if one was drawn up, an extract on the absence of arrears in payments, a document on ownership or a lease agreement.

What to do if refused

When the cash settlement center refuses to recalculate, it is necessary to involve government authorities in resolving the dispute.

It is necessary to send a written complaint to the State Housing Inspectorate and Rospotrebnadzor.

If this does not help, you can contact the prosecutor and then resolve the dispute through the courts.