Recalculation of fees for low-quality utility services (heating, hot water supply). Who is responsible for hot water in the apartment and what temperature should it be? Recalculation for hot water is justified

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 of December 7, 2011 No. 416-FZ “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 criteria for the quality of utility resources (Appendix 1), the procedure for their payment, provision, responsibility of the parties (Articles 149-160), practice recalculation (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” names hygienic requirements for the quality of resources and the 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 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 tariff cold water. 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 the water coming out of the tap does not exceed +40°C, the fee for its consumption is equal to the cost of cold water.

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 according to 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 name 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.

Hot water and heating should be available in every apartment building. But simply their presence is not always enough; services need to be provided at high level. If the services are of high quality, this will be the key normal life, security.

There are sanitary standards, hot water must be provided in accordance with them. It is worth seriously thinking about whether the water temperature in your apartment complies with SanPiN standards.

Unfortunately, for many consumers, the water temperature is not always appropriate. This leads to a number of inconveniences, as well as may pose health risks to residents. That is why it is worth taking such problems seriously.

ATTENTION! Negative consequences can affect your life. If you do not pay attention to the problem, the perpetrators will not bear any responsibility.

Standards for water supply to apartments

The water temperature in houses must comply with GOST, this is not considered a luxury, it is the norm. Hot water is an important component of every person's life.

But it often happens that utility service does not fulfill its obligations, does not provide the required heating of water in the system. You need to understand that all utility services are paid for by residents in full.

That is why you have full rights to put forward appropriate demands. Many residents wonder why such violations are observed.

ATTENTION! It is important to understand that the lack of water heating represents a lot of inconvenience in everyday life. You pay money for emptiness, because hot water is included in the receipts.

Every resident of a high-rise building knows that hot water costs several times more than cold water. That is why many people do not want to overpay for low-quality services.

Moreover, today there are meters almost everywhere. This is convenient - people use as much hot water as they need and dilute it if necessary cold water. If you use less hot water, you won't have to pay much. But if initially what comes from the tap is not hot, but warm water, then this causes great inconvenience.

But in this case, residents still pay for water as for hot water. Therefore, it is worth knowing the temperature of what hot water should be. In such a situation, you don’t want to overpay for anything, but an unreasonable fee is not the biggest problem.

It is worth mentioning the more serious risks that consumers have to face. Water that is not supplied in accordance with the parameters can cause health problems.

Especially in such an apartment people with weakened immune systems may be affected. Both in our country and in others, legislative documents have been developed that determine the water temperature in the apartment. If you focus on these requirements for water in apartments, then the quality of water supply will be high.

What documents dictate the norms?

It is worth listing the documents that set out the standards for water supply to apartments that are relevant for our country. In Russia it is:

• Sanitary and epidemiological rules and regulations. In particular, this is SanPiN 4723-88.
• Rules for the provision of utility services to owners and users of residential premises in multi-apartment and residential buildings. They were approved by Decree of the Government of the Russian Federation No. 354 of 05/06/2011.

It is from this documentation that it is determined what the water temperature for houses should be.

IMPORTANT! The regulatory framework in residential buildings indicates that the outlet temperature should be between 60 and 75 degrees. This is exactly the temperature that should be observed in hot water supply pipes, but the standards are not always observed.

But a small clarification is made, which represents a kind of exception to the rule. If the house uses a closed heating system, the wiring is made of galvanized pipes, minimum temperature should be 50-60 degrees ONLY during repairs and elimination of accidents

The upper limit is 60 degrees. These are the conditions that are prescribed in contracts for the maintenance of the house and the residents living in it.

So the standard temperature in a residential building should be reached a maximum of 2 minutes after the water was turned on. If the temperature has not reached the required values, then this is already a violation established rules. The norm in an apartment building must be observed in any case.

At the same time, hot water supply apartment building provided under the same conditions, both in summer and in winter time. Some deviations that may be observed due to the characteristics of the time of day are discussed. But they are minor.

During the daytime, a deviation of 3 degrees from the specified value is allowed.. It must be taken into account that the deviation can be observed both in larger and smaller directions. At night, from 0 o'clock to 5 o'clock, the deviation can be up to 5 degrees.

What to do if the temperature is not correct?

It is important for consumers to know exactly where to turn and what to do if the temperature standard has serious deviations.

First you just need to call the control room of the management company or housing and communal services and report that the water is at an inappropriate temperature. After all, this could happen due to a network failure.

IN in this case The dispatcher will inform you about the time frame for the problems to be resolved. But if there are no accidents, then the employee must accept the request.

ATTENTION! When contacting the relevant services, note the application number for yourself, and also write down the name of the employee who came to you. This is necessary so that misunderstandings do not arise later.

If the reasons for temperature non-compliance with standards are not known, then The management company must make a measurement. This is necessary in order to really find out whether the temperature regime was violated or not.

The organization must send you an employee who will take testimony and draw up the necessary report. According to this act, if the temperature is set too low, you can receive a recalculation.

It is important to understand that the organization must competently fulfill its obligations. Otherwise, she may receive a fine, since her activities are controlled by other services.

We measure water

If you simply say that the temperature of the hot water supply does not correspond to the norm, then it will not bear any fruit. You need to call the employees of the company that provides your home to your apartment.

There are situations when problems are noted with the boiler room, or there are some problems at the entrance to the house.

Temperature that is too low must be confirmed by an employee of the organization. To do this, he will take measurements using modern equipment. For authenticity measurements should be carried out in several places where water is collected.

When using water supply, you need to wait a couple of minutes until the water reaches nominal values. It is not recommended to take measurements until this point.

In order for a specialist to come to you, you need to leave an application with the management company or housing and communal services. After the check is completed, make sure that the employee draws up a report. It is this paper that will become the basis for troubleshooting and recalculation.

It’s worth understanding exactly how the measurement is made:

• First, a special glass is placed under the stream of water.
• A thermometer is placed in the collected liquid to the required mark.
• You need to wait until the thermometer readings become accurate.
• The readings are recorded.
• Signatures are added.
• One copy remains with the home owner for further action.

Performing recalculation

If a violation of norms has been established, and it is recorded in the act, then you need to insist on recalculation. You should not leave such a situation unattended and overpay money for something you did not receive.

The organization must be held accountable for its actions and inactions. Only minimal deviations, which are specified in the regulatory documentation, are acceptable.

If violations are detected, you can come to the Criminal Code and demand a recalculation. The organization must also eliminate the reasons that caused such a problem.

By the way, the recalculation is made precisely for the period during which you had to use inappropriate water. There is a special formula by which recalculation is made.

ATTENTION! The amount of payment for hot water supply should be reduced by 0.1 percent for every 3 degrees of deviation from the established norm.

If you are interested in hot water, how many degrees, then you should be guided by accepted standards when measuring. This is the optimal solution.

If there is a serious discrepancy, you should not overpay for hot water. Achieve recalculation for the entire period, in which utility companies provided you with services at an inappropriate level.

Useful video

Hot water distribution diagram in an apartment building.

Hot water supply is usually called the supply of water at elevated temperatures through a centralized pipeline and internal engineering structures to private and apartment buildings (including non-residential premises and jointly owned premises). This article is devoted to the calculation of hot water supply.

In this article you will learn:

• How is hot water supply calculated?
• What formula is used to calculate the hot water supply standard?
• How to recalculate hot water supply for general house needs.
• Why control the quality of hot water.

Calculation of hot water supply system

The calculation of a hot water supply system is based on calculating the heat for this type of water supply. The fact is that the average temperature of cold water is 10 °C, but at the outlet this figure is much lower, which creates discomfort for the consumer when using water from a mixer (60 °C). Based on this, when calculating, it is recommended to increase the temperature to 50°C.

The algorithm for calculating the average heat consumption for hot water extraction looks like this:

qm = m* t* c *∆t, kW*h,

where m is water consumption, l/h; t – operating time, h; ∆t – temperature difference; c – specific heat, kW x h/(l x°C).

• Hot water supply of an apartment building: nuances of quality control and refusal to pay

Calculation of hot water supply standards

The water supply rate (cubic meters per month per person) is determined as follows:

N = Sum (Q x n) x (4.5 + 0.07 + L) x 10, where

Q – water consumption by 1 water folding mechanism for 1 operation; n – number of operations using 1 water folding device for i – 7 days; L – the number of floors in an apartment building or residential building.

Consumption rates and average water temperature per operation

The hot water supply indicator (cubic meters per month per person) is calculated as follows:

Calculation of fees for hot water supply: 2 options

Calculation No. 1 – calculation: a hot water consumption meter is installed in the living room.

If an individual meter for hot water supply is installed in the apartment, the calculation of the fee for hot water supply will be made according to formula No. 1, as the product of the amount of hot water consumed in the apartment according to indications individual device accounting and tariff for hot water supply established for the region and service provider:

Formula No. 1

P i = V i p x T cr

V i p – volume(quantity) of hot water supply consumed during the billing period in a residential or non-residential premises, determined according to the readings of an individual or general (apartment) meter;

T cr – tariff(price) for hot water supply, established in accordance with the law Russian Federation.

Example of DHW calculation

Based on the meter readings, in January 2017. 4 m3 of hot water was consumed.

The cost of 1 m3 of hot water in this region, taking into account the services of an intermediary, is 90 rubles. 00 kop.

Having such data, you can calculate the hot water supply for this particular case:

4 x 90.00 = 360.00 rub.

Calculation No. 2 – there is no hot water consumption meter installed in the residential premises.

For such cases, formula No. 4 is used, which takes into account data on hot water consumption rates in the region, the number of people living in the apartment and the cost of hot water supply, taking into account the region and supplier.

Formula No. 4

P i = n i x N j x T cr

• the number of citizens permanently and/or temporarily residing in the apartment;
• the standard established for hot water supply for the region;
• tariff set for hot water supply for the region and service provider.

Example of DHW calculation

If we take as a basis that three people live in a room, the rate of hot water consumption in this region is 3.5 m 3 / person, and the tariff for hot water supply is 90 rubles. 00 kop. for 1 m 3, then calculate the amount of payment for use hot water on this living space you can do this:

3 x 3.5 x 90.00 = 945.00 rubles.

Calculation of hot water supply for general house needs

May 06, 2011 The Government of the Russian Federation signed Resolution No. 354 on a new procedure for calculating the amount of payment for utility services. According to this document, apartment residents must pay not only for the hot water they consume at home, but also for the hot water supply that serves the general needs of the building. These changes caused dissatisfaction among citizens, primarily because it was unclear what kind of surplus water is coming speech and what it is spent on in such significant volumes.

Below is a calculation of payment for hot water supply for general house purposes.

• Calculation No. 1 – calculation of domestic hot water supply for a house that does not have a hot water consumption meter installed.

The calculation of the amount to pay for hot water consumed for general house purposes occurs according to formulas No. 10, 15, which allow you to determine the volume of hot water consumed and the amount of the required payment, respectively.

Formula No. 10

P i one = V i one x T cr

• V i od– the amount of hot water that was spent for general house purposes in an apartment building and falls on residential or non-residential premises during the billing period;
• T cr– the cost of hot water supply according to the laws of the Russian Federation.

Formula No. 15

V i single 5 = N single x S oi x (S i / S rev)

• N one– the rate of consumption of hot water supplied during the billing period and spent for general house purposes in an apartment building;
• S i– the total area of ​​residential and non-residential premises in an apartment building;
• S about– the total area of ​​all residential and non-residential premises in an apartment building;
• S oi– the total area of ​​common premises in an apartment building.

Sample calculations

The rate of hot water consumption for general household purposes in the region is 0.3 m 3 per 1 m 2. The total area of ​​premises under common house management is 400 m2. The total area of ​​all residential premises in this apartment building is 4,000 m2. total area one apartment – ​​45 m2. In this region, the payment for hot water is 90 rubles. 00 kop. for 1 m 3. Using this data, we obtain the following calculations:

0.3 x 400 x 45 / 4000 = 1.35 cubic meters 1.35 x 90 = 121.50 rubles

• Calculation No. 2 - calculation of the domestic hot water supply of a house on which a hot water consumption meter is installed

To calculate the payment for hot water consumption, formulas No. 10, 12 are used, which allow you to determine the volume of hot water and the amount of payment, respectively.

Formula No. 12

Sample calculations

The amount of hot water that was consumed according to the general house meter is 2,000 m3. Amount of hot water consumed in all residential premises according to indications individual meters, equals 1,200 m 3. The amount of hot water consumed in those apartments where there are no individual meters is 500 m 3 . The total area of ​​the apartments in the house is 4,000 m2. The area of ​​one apartment is 45 m2.

The cost of 1 m 3 of hot water in the region under consideration, taking into account the interests of the service provider, is 90 rubles. 00 kop.

Based on the above data, the calculation of payment for hot water supply for general house purposes is as follows:

(2,000 - 1,200 - 500) x 45 / 4000 = 3.375 cubic meters 3.375 x 90.00 = 303.75 rubles

Summarizing the presented examples of calculations, it should be said that in the absence of a collective meter, the volume of hot water for common house needs will be determined by the area of ​​​​commonly owned premises and the tariff for hot water supply.

It is important to know that if excess cubic meters of hot water are detected, a common house meter will allow you to understand the reasons for this phenomenon. If there is no such meter, then it is not possible to find the cause of the excess and influence the amount of payment for general household hot water consumption.

• Checking water meters: frequency and legislative regulation

Calculation of hot water supply load

Calculation of the hot water supply load is required when the following occurs:

• reduction of design heat loads;
• reduction of heating costs;
• coordination of changes in the composition of heat-consuming installations (change in the number heating devices or disassembly ventilation system). This happens if the type of ventilation in the room is changed or a thermal curtain is installed;
• the need to confirm that the new heat load and heat energy consumption are within the design standards;
• planning your own heating system;
• planning an individual heat supply unit;
• if it is necessary to correctly distribute the heat load between subsubscribers;
• connection of new objects (single and/or complex structures) to the common heating main;
• signing a new agreement with the heat supplier;
• the need to specify thermal loads in non-residential premises for individual institutions;
• repayment by organizations of the cost of services by settlement method (in cases where it is impossible to install a meter);
• unreasonable increase in heat energy consumption by the supplier or management company.

As for the rights of consumers in the field of calculating thermal energy for hot water supply, they are fixed:

• in all standard contracts concluded regarding the supply of heat and energy resources;
• in the order of the Ministry of Regional Development of the Russian Federation dated December 28, 2009. No. 610 “On approval of the rules for establishing and changing (revising) heat loads.”

According to this document, the re-examination of contractual indicators should be preceded by the creation of a technical report, which will reflect the calculation of heat loads, and also provide arguments for the need to adjust or reduce the heat load on a specific facility.

In addition, the order of the Ministry of Regional Development of the Russian Federation dated December 28, 2009. No. 610 allows adjustments to be made to the calculation of heat for hot water supply, heating and ventilation in the following cases:

• when carrying out major repairs;
• when restoring internal engineering structures aimed at reducing waste of energy resources;
• when increasing the thermal insulation of a specific object;
• when carrying out other procedures aimed at preserving energy resources.

Before starting to review the thermal loads for existing buildings and connections to common system new objects required:

• collect all available information about the object;
• carry out an audit of the facility’s energy system;
• calculate thermal loads for hot water supply, heating and ventilation based on the test results;
• write a technical report;
• discuss the report with the heat and power supply company;
• make adjustments to an existing one or sign a new agreement with an energy supply company.

Hydraulic calculation of hot water supply

The main goal hydraulic calculation hot water supply is the calculation of the size (in particular, diameter) of the pipes through which water is supplied, and the costs of pressure. The starting value for such calculations is considered to be the second flow rate, which takes into account the value of the residual circulation:

qh, сir = qh (1 + kсir), l/s,

in this case, kсir is the residual circulation index.

To calculate this parameter, you need to divide the second flow rate by the circulation flow inside the hot water supply system. The formula will look like this:

kсir = f(qh/qсir).

In this situation, the conditions are such that kсir ≠ 0 only in the very first parts of the pipeline, despite the fact that qh/qсir is greater than two. In all other cases, kсir will be equal to 0. An important point is that the hydraulic calculation is made before calculating the circulation. This fact implies that the specialist is forced to put forward a hypothesis about the parameters of the qh/qсir ratio (for residential buildings, usually qh/qсir is greater than 2.0) and give reasons for it.

Calculation of the size of pressure costs in water risers, united by a ring jumper into sectional units, is carried out on the basis of calculated water costs with an index of 0.7. It is customary to take the calculated flow rate in ring sections as lower threshold the highest second consumption for one of the devices that is subject to maintenance.

As for the speed of water movement in the hot water supply pipeline, it should not exceed three meters per second. But it has been proven that water speeds exceeding one and a half meters per second cause noise.

In order to calculate the diameter of the riser when the resistance does not match, it is customary to take the calculated flow rate and pressure at the very base of the riser as a basis. If the resistance indicators are identical, the diameter of the outer riser is taken as a single value.

To carry out competent hydraulic calculations of any kind, it is necessary to have an understanding of the basic laws of hydrodynamics (among other things, the Darcy-Weisbach equation). But you need to be prepared that each area will impose its own specifics on the implementation of hydraulic calculations (for example, calculations in the field of hot water supply are very typical, which eliminates the need to calculate pressure costs separately).

There is an algorithm for calculating pressure losses in sections of the hot water supply system:

Н = i×l(1 + kl), mm,

where i is the specific linear pressure loss, mm/m; l is the length of the section; kl is an index that takes into account pressure losses in local resistances.

Indicators i are taken from the corresponding reference books.

Do not forget that there may be cases when hard water from the pipeline is heated to provide hot water supply. This situation is fraught with the appearance of growths inside the pipes (so-called hardness salts). In this situation, a nomogram is used to calculate the index i.

• Available and required pressures in hot water supply systems in water withdrawal mode

The pressure guaranteed at the input and used, if necessary, to supply water for hot water supply purposes is called available. Another type of pressure - required, is characterized by the fact that it serves to pass hydraulic resistance when supplying water to the most distant (distance and height) device.

If we take as an example closed system hot water supply, then the available pressure will be the pressure of the cold water supply at the junction with the hot pipeline. And to calculate the required pressure, the following formula is used:

Ntreb = Npod + Nsch + Nvn + Ng + Nsv,

where Npod is the pressure loss in the supply pipelines in water withdrawal mode; Nsch – pressure loss in the water meter (water meter); NVP – pressure loss in the water heater; Ng – the difference between the geodetic indicators of the highest possible device and the point of connection of the hot water supply system with the cold water supply; NSV – free pressure on the device (“to the spout”).

For open system supply of heat resources, which involves disassembling directly from the heating main, the available pressure will be return water supply heating mains in the connection point of the hot water supply system. The calculation of the required pressure (in the absence of a water heater) will be made as follows:

Ntreb = Npod + Nsch + Ng + Nsv,

where Ng is determined from the specific location of connection to the heating main. In hot water supply systems operating on the principle of gravity flow under the influence of the water column in storage vessels, the available pressure is taken directly from the geodetic difference between the water level in such a vessel and the highest device located. The calculation of the required pressure for this situation looks like this:

Ntreb = Npod + Nsv

• Water treatment technologies and schemes for their application in the housing and communal services sector

Recalculation and calculation of hot water supply

Article 542 of the Civil Code of the Russian Federation establishes that the quality of the provided energy resources must meet the criteria established by the law of the Russian Federation, as well as the clauses of the agreement on the supply of energy resources. Article 538 of the Civil Code of the Russian Federation prescribes the application of the above rules to relations arising during the supply of energy resources, since the law does not provide for any other procedure.

The temperature of hot water in water supply units is regulated by clause 2.4 of SanPiN 2.1.4.2496-09 “ Hygienic requirements to ensure the safety of hot water supply systems”, approved by the Resolution of the Chief State Sanitary Doctor of the Russian Federation dated April 7, 2009. No. 20. According to this document, t at the outlet should not go beyond 60 - 75 °C. The requirements of SanPin must be strictly observed by those legal entities whose occupation is related to the implementation and establishment of the hot water supply line.

Subparagraph “B” of paragraph 17 of the Rules for concluding contracts for the supply of energy resources speaks of the importance in this area of ​​such an indicator as the quality of the resources provided, which should ensure the maintenance of common property at the proper level. Utilities must be provided to citizens in full compliance with the Rules for the provision of utility services and connection conditions apartment buildings and common networks of engineering and technical support connecting them to centralized networks engineering and technical support (clause 20 of the Rules for concluding contracts for the supply of energy resources).

According to clause 5 of Appendix 1 to the Rules for the provision of public services, the quality of public services in the field of hot water supply must meet the following criteria: guarantee compliance temperature regime at the water collection point in accordance with the law of the Russian Federation on technical regulation and the provisions of SanPiN.

The responsibilities of the repair and construction organization, which is responsible for the supply of water, include ensuring its quality and desired temperature(in the range from 60 to 75 °C), although the law of the Russian Federation does not give strict regulations on this issue. The supplier company is responsible for ensuring that the coolant reaches citizens in proper quality. If the temperature of the water is less than the lower limit established by the standards (Resolution of the AS ZSO dated October 12, 2015 No. F04-24751/2015 in case No. A45-19993/2014), citizens have the right to file a claim in court, which will oblige the defendant (company - energy supplier) to correct the violations.

Clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities allows for deviations from the temperature limits established by law. So, deviation from accepted temperature at night from 00:00 until 05:00 may be 5°C; in the afternoon from 05:00 until 00:00 - 3 °C. Despite the existence of such reservations, such a provision is not considered the norm. Decision of the Supreme Court of the Russian Federation of May 31, 2013. No. AKPI13-394 states that such deviations are indicators of service provision poor quality.

In order for the hot water temperature at the water collection points to be 60 °C, at the entrance to the house it must be an order of magnitude higher. However, as already mentioned, there are no legislative requirements regarding this particular indicator, therefore, in the event of going to court, we can only talk about the fact that the repair and construction company must ensure that the temperature of the water entering the house is not less than 60°C.

When can the manager of an apartment building apply for a recalculation of the cost of hot water?

Paragraph 2 of Article 542 of the Civil Code of the Russian Federation gives citizens the right to refuse to pay for energy resources of inappropriate quality. But the supplier company is also allowed to demand compensation for energy losses from citizens in this case.

There are also legislative requirements regarding changes in the procedure for paying for consumed energy resources if they were not of adequate quality or were supplied intermittently beyond the permissible period (subparagraph “e” of paragraph 22 of the Rules for concluding resource supply contracts). The rules for the provision of utility services regulate the procedure for recalculating payments.

The current legislation of the Russian Federation recognizes the unconditional advantage of a system for monitoring consumed resources through the installation of meters on the border area between the area of ​​​​responsibility of the supplier company and the property of citizens. If a meter is installed at home and there are no complaints about its operation, then the indicators of this device can be considered evidence of the supply of insufficient quality water. The repair and construction organization must provide evidence refuting this information, otherwise the payment for expended resources must be recalculated (resolution of the AS UO dated January 11, 2017 No. F09-10932/16 in case No. A60-59444/2015).

This provision is also confirmed by subparagraph “B” of paragraph 111 of the Rules for the provision of public utility services, which determines the date and time of the start of the provision of low-quality services in accordance with the date and time recorded by the devices intended for this (for example, OPU, IPU, etc.). Moreover, the presence of a meter and its readings eliminates the procedure for confirming the provision of services of inadequate quality in accordance with the requirements of Section X of the Rules for the Provision of Public Utilities (Resolution of AS PO dated January 16, 2017 No. F06-15316/2016 in case No. A12-4577/2016).

In cases where appropriate measuring instruments is not installed on the building, to confirm the fact of provision of low-quality services, you will need to collect a number of documents, as well as follow the procedure set out in section X of the Rules for the provision of utility services:

• record the citizen’s signal to the emergency dispatch service (paragraphs 105, 106, subparagraph “b” of paragraph 111);
• agree with the citizen on the timing of checking the information provided about the violation, notify the repair and construction organization that the service it provides will be checked if the supplier does not know the reasons for the violation (clause 108);
• carry out an inspection upon a signal from the consumer; all data obtained during the inspection must be recorded in writing in a specific form (clause 109). The inspection is intended to confirm a violation in the quality of the service provided (the act of measuring the temperature at the point of analysis in a residential premises) and to clarify its reasons (the act of measuring the temperature at the entrance to the house).

Summary tables and calculations compiled by the Criminal Code unilaterally, in the absence of reports on the quality of public services, will not be accepted by the court as evidence (Resolution of the Central District Court of October 20, 2016 No. F10-2735/2016 in case No. A14-6593/2015).

Please note that regulations do not link the establishment of the fact of delivery of a low-quality resource with the fact of recalculation by the utility service provider to the owners of premises of payment for low-quality service (Resolution of the AS ZSO dated September 19, 2016 No. F04-3939/2016 in case No. A03-12727/2015), although such a condition may be included in resource supply agreement based on the agreement of the parties, and then must be respected.

• Tariff regulation of water supply: about negative trends

How hot water supply is recalculated

Subparagraph “D” of paragraph 22 of the Rules for concluding contracts for the supply of resources says that the recalculation of the cost of poorly provided services occurs in accordance with the Rules for the provision of public services. This is confirmed by the Decision of the Supreme Court of the Russian Federation No. AKPI13-394, which states that if there are no additional documents that record the procedure for recalculation, a representative of citizens living in an apartment building may qualify for a reduction in fees for the provision of services with a violation of their quality in accordance with the requirements of SanPin. Moreover, the recalculation should be carried out in the same way as the recalculation for direct consumers (resolution of the Central Election Commission of February 29, 2016 No. F10-5264/2015 in case No. A09-1717/2015).

Clause 101 of the Rules for the Provision of Utility Services prescribes that the fee for hot water supply for the billing period should be reduced by the total amount of payment for the entire period of provision of low-quality services in the cases specified in the documents (see Appendices 1 and 2 of the Rules for the provision of public services).

The total cost of services with poor quality can be determined by multiplying the cost of the service for the entire billing period (Appendix 2 of the Rules for the Provision of Public Utilities) by the ratio of the duration of the provision of low-quality services within this period to the total duration of the provision of the utility service for the billing period.

To calculate utility bills for hot water supply, the following values ​​are used:

Pi – the amount of payment for the provided utility service for the billing period (according to Appendix 2 to the Rules for the provision of utility services);

Δ – the total amount of payment for all days of provision of poor-quality services (or the amount by which payment should be reduced for the billing period);

t – duration of provision of low-quality services within one billing period.

The duration of the billing period is determined by the entire duration of the supply of energy resources in accordance with the principles of constancy and non-stop of this process. Based on the previously described rules for calculating payment (paragraph 2 of clause 101 of the Rules for the provision of utility services), you can create the following formula (assuming that the month consists of 31 days):

Δ = Pi x t / 31 days.

The reduction in payment for temperature violations occurs according to the following principle: payment is reduced by 0.1% for every 3°C different from the norm (Appendix 2 to the Rules for the Provision of Public Utilities) and for each hour in total throughout the entire billing period in accordance with Section IX of the Rules for the Provision of Public Utilities. If the hot water temperature drops below 40 °C, then each hour of service provision in a similar manner for the entire billing period is paid at the rate of payment for the use of cold water.

Calculations are based on the following parameters:

• the amount of payment for the corresponding service for the billing period within which failures in the organization of hot water supply were recorded (Pi1);
• the amount by which the service fee is reduced (in %) varies depending on fluctuations in water temperature: - 0.1% for every 3 °C;
• duration of service provision with quality violations in the aggregate for the entire billing period, expressed in hours (t1) and taking into account the rules of Section IX of the already mentioned rules.

Taking as a basis all the information indicated above, the calculation of the amount of fee reduction is carried out according to the following algorithm:

Δ = Рi1 x % x t1

The provision of paragraph 5 of Appendix 1 to the Rules for the Provision of Public Utilities allows this formula to be applied, despite the requirements of paragraph 101 of the same Rules.

Unfortunately, the previously given definitions contain imperfections that cause numerous disputes and even lead to the filing of lawsuits. Basically, the misunderstanding is associated with two quantities, the first of which (Pi1) helps determine the size of the payment reduction. According to paragraph 5 app. 1 to the Rules for the Provision of Public Utilities, this payment is characterized as payment for the billing period within which temperature violations occurred. However, it is worth considering in more detail the concept of a billing period and outlining its scope.

Clause 37 of the Rules for the Provision of Public Utilities speaks of the billing period as a period of time equal to one calendar month. This is confirmed by calculations in the Letter of the Ministry of Regional Development of the Russian Federation dated June 4, 2007. No. 10611-UT/07. It is known that in private clarifications the Ministry of Construction is also of the opinion that the monthly fee should be taken into account in the calculation.

It should be said that the definitions from the current Rules for the provision of public utility services coincide in meaning with the wording that has already ceased to have meaning in the form of activity criteria in the part under consideration (clause 5 of Appendix 1).

Clause 101 of the Rules for the provision of utility services states that payment for services for a billing period equal to a month is subject to reduction by the total amount of payment for each period of provision of services with violations, equal to one day. Thus, it is necessary to calculate the cost of providing poor-quality service for 1 day.

The decision of the Supreme Court of the Russian Federation No. AKPI13-394 decides that paragraph 5 of Appendix 1 to the Rules for the Provision of Public Utilities fixes such a change in the rules for paying for public services of insufficient quality, in which there is no possibility of not making payments at all for the supplied water with a violation of quality. If we take the value of the payment for the month as the value of parameter Pi1, then even in the case of short-term and non-serious violations, the amount of payment reduction will very quickly approach this indicator, and the citizen will have to be exempt from paying for hot water supply services for the month in question. Based on this thesis, judges often reject the claims of managers apartment buildings who provided calculations of the amount of payment taking into account the amount of payment per month.

Thus, the Resolution of the Supreme Court of the Russian Federation dated October 14, 2016. No. F01-3504/2016 in case No. A39-6742/2014 says that the developed payment system for the period of poor-quality implementation of water supply services, in which the degree of reduction in the amount of payment for hot water supply is considered cumulatively for the billing month, implies the possibility of not paying a wasted low-quality resource, however, this is wrong. If we take a case in which the temperature of water supplied to consumers was below normal by 18°C ​​continuously for 9 days, then according to this calculation system, payment for hot water per month will be 00 rubles. 00 kop. Having studied paragraph 101 of the Rules for the provision of public utility services in more detail, one can understand that the billing period for the provision of services with a violation of quality should be considered 1 day, which is confirmed by the opinion of many representatives of the panel of judges (see decisions of the AS ZSO dated October 25, 2016 No. F04-4511/2016 in the case No. A45-26014/2015, AS UO dated 03/31/2017 No. F09-1379/17 in case No. A60-14516/2016, dated 02/06/2017 No. F09-11636/16 in case No. A71-4808/2015).

However, in some cases, judges take the other side and recognize the legitimacy of calculating the amount of payment with a billing period of one month (see, for example, Resolution of the AS ZSO dated June 15, 2016 No. F04-2184/2016 in case No. A03-21553/2014).

As possible exit managers of an apartment building can request from the Ministry of Construction documentary evidence of the objective procedure for calculating the reduction in payment for hot water supply of inadequate quality, which can be used in court as evidence. However, the court has the right not to accept this document as evidence, justifying its position by the fact that the proposed documents do not have the status of normative acts.

In the case when the payment amount for one day is taken as a basis and a meter is installed on the house, it is more correct to carry out calculations based on the actual amount of water consumed per day, which was recorded by the device. If there is no meter, then calculations are carried out using a formula that requires dividing the total volume of resource recorded and delivered to the house by the number of days in the month.

Clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities requires that the payment for hot water be reduced by 0.1% for every 3 °C violation of the norm. The following criteria are also introduced here: deviation from temperature standards by 5°C at night and by 3°C during the day. Thus, the exact interpretation of this regulation implies that the payment for consumed hot water should not be reduced if its temperature at night did not fall above 55 °C and below 57 °C during the day. However, if the temperature continues to fall relative to the already reduced values, then for every subsequent 3°C ​​(i.e. up to 54°C) the payment will be reduced by 0.1% every hour (at 51°C - 0.2%, etc.). d.). This approach also found support among representatives of arbitration (resolutions of the Arbitration Court No. F09-1379/17 of March 31, 2017 in case No. A60-14516/2016, of the Far Eastern Military District of May 24, 2016 No. F03-976/2016 in case No. A24-1520/ 2015).

But the Decision of the Supreme Court of the Russian Federation No. AKPI13-394 says that the establishment in paragraph 5 of Appendix 1 to the Rules for the Provision of Public Utilities of permissible deviations from the temperature regime prescribed by SanPiN 2.1.4.2496-09, in fact, means making adjustments to sanitary and epidemiological standards, regulating the quality level of hot water, aimed at compliance with anti-epidemic measures. This situation comes into conflict with the already mentioned legislative norms and requires the recognition of this norm as invalid in this context. Thus, we return to the fact that any deviation from the prescribed standards will be equated to violations of the quality of service provision. The discussed criteria continue to apply in matters of the conditions and procedure for changing the amount of payment. Based on this, we can conclude that a percentage of 0.1% reduction in payment for the use of hot water of inadequate quality should be charged for any violation of the temperature regime (starting from 57°C during the day and 55°C at night). In accordance with the documentary base, this approach looks more correct. He also finds support in the judicial system.

Guided by these considerations, managers of apartment buildings must support their position with calculations that promise great benefits, and base their line on the fact that no deviations from temperature standards should be allowed.

There is also a nuance related to whether it is possible to calculate Exact size reduction of payment if the deviation from the norm does not coincide with the “step” prescribed in the standards. There is a point of view that recommends calculating the reduction in payment taking into account tenths if the temperature drops by less than 3°C. An example can be given when the water temperature dropped to 55°C during the day. In this case, it is possible to calculate that the percentage of reduction in payment for the cost of the service will be equal to 0.167% (5/3 x 0.1%). However, the question arises about the legality of such calculations. Clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities does not allow us to say that this correct solution. We remember that for every 3°C the payment decreases by 0.1%, this allows us to derive a certain pattern.

This is exactly the method of calculation that is given in Letter of the Ministry of Regional Development of the Russian Federation No. 10611-YUT/07. A Resolution of the AS UO dated October 28, 2016. No. F09-9955/16 in case No. A71-5017/2015 emphasizes that the calculation of the Criminal Code is incorrect, because takes tenths of a degree into account.

• Review of judicial practice on complaints about the quality of water supplied to MKD

Expert opinion

Why control the quality of hot water?

A.N. Sokolova,

tax lawyer

The reality is that direct consumers of hot water supply (ordinary citizens, schools, kindergartens and other organizations) cannot technical point vision using necessary equipment monitor the quality of hot water, determine its characteristics such as color, turbidity, the amount of iron and other substances contained in the water, etc. Also, not everyone can seek legal advice. All this implies that manufacturers and suppliers of heat and energy resources must approach their responsibilities with full responsibility.

A similar position is manifested in the implementation of strict control over the quality of services provided, in the prompt elimination of identified violations and the implementation correct calculation citizens for the services provided in this case. This result can be achieved if all parties to the process of providing the population and other entities with heat energy direct their efforts to control the quality of the services provided. It is important that organizations responsible for providing energy resources follow the letter of the law when it comes to payment for services and do not insist on payments for cases of quality violations. Their actions must be based on the following regulations:

• clause 2 art. 542 of the Civil Code of the Russian Federation - for organizations involved in the supply of energy resources;
• Rules for the provision of utility services - for management companies.

If you do not adhere to these standards, then it will be very difficult to get supplier companies to take proper measures to eliminate possible violations in the process of supplying energy resources. Violations of the rules for the provision of services in this area and incorrect calculation of the population for the low-quality resources provided do not allow optimizing the situation in this area in many localities.

The temperature of hot water in the tap according to the standard in 2020 is regulated by SNiP ( building codes and rules) N II–34–76 and SanPiN 2.1.4.2496-09. These documents determine the quality of water supplied to residential buildings

for household and drinking needs.

Inadequate quality of tap water In addition to the temperature, the hot water must match such parameters as

cleanliness and pressure. What good is hot water if it runs in a thin stream or is dirty? Increased pressure is also not a reason for joy: it entails breakdown of couplings, valves and other elements of the water supply system.

For hot water, pressure limits are set from 0.3 to 4.5 atmospheres. Exceeding these boundaries is a direct reason for contacting the Criminal Code for recalculation. Impurities in the aquatic environment can be either organic or inorganic

origin: rust, entry into the earth system, rotting wood, etc. If such cases are frequent and long-lasting, it is necessary to file a complaint with the water utility with a request to inspect the treatment systems, which should be carried out jointly with the housing office.