Recalculation for hot water of inadequate quality. How to get a recalculation of fees for low-quality hot water An example of calculating a reduction in fees for hot water

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Consumed accounting system utilities improving every year. Electronic resources have appeared for remotely entering readings and even devices that independently send data from the meter. However, it is not always possible to completely eliminate errors, and the cost of utilities, in particular water supply, is often overpriced. Recalculation for water helps to avoid further overpayment in such cases.

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Legal regulation and grounds for recalculation of hot water supply and hot water supply

In order to validly file an application, you need to know the relevant legislative norms. Issues of payment for utility services are regulated by several acts. The most detailed procedure is specified in Resolution 354.

Government Decree No. 354

It contains the following provisions:

terms of use;
rights and obligations of the owner, as well as the organization providing services;
payment order;
cases of recognition of housing and communal services as low-quality, including facts of violation of their provision;
features associated with use central system Cold water supply and hot water supply, or a separate column;
responsibility of the parties.

There is no need to fully delve into the text of the document to solve the problem. You should pay attention to specific articles.

Recalculation for hot water is possible if:

there were errors when entering data into the accounting system - when there was a discrepancy with the actual readings;
water does not meet sanitary and hygienic standards after purification (approved);
the pressure in the water supply pipes is lower than required;
emergency work deadlines were violated.

All bases are indicated starting at. Paragraphs 86 to 98 describe the recalculation procedure.

Other legislation

Water supply issues are also covered by other legal documents:

. You can refer in the text of the application to, indicating that the amount of payment is linked to the regional tariff. The components of payment for utility services are also established - cold water supply, hot water supply, sewerage and energy.
With concepts about water supply of apartment buildings residential buildings, as well as the rules DHW supplies, can be found in .

It is not necessary to refer to these sections, but knowledge of them can help in cases of protracted disputes with the management company.

Watch the video:"Do-it-yourself recalculation of housing and communal services. Part 1."

Nuances and grounds for recalculating water consumption

In order for the recalculation to proceed without problems, little is required from the consumer. It is necessary to install meters (it is advisable not to lose technical passports) and take readings in a timely manner.

In this case, we can distinguish 4 situations that are considered the basis for changing the amount in the receipt:

Incorrect information - intentional or accidental.
Revealed during scheduled inspection– staff visiting apartments. They record the differences and transmit the data to the settlement center, where the charges are adjusted. In some cases of recalculation after checking water meters, the next receipt may come with a minus sign, and you will not need to pay for housing and communal services for the next 2-3 months.
Violation of the rules for connecting to the central water supply system.
The inspection report is drawn up by specialists of the management company. As a result, the tenant receives an order to correct the connection, as well as charges for unaccounted for water.
Interference with the work of the IPU.
If the seal is broken, then recalculation will be made only from the date of its renewal. In this case, the application is accepted no later than three months from the date of detection of the interference - a security measure against unauthorized actions.
Low quality CG.
If non-compliance with the standards is confirmed, a decision is made in favor of the apartment owner. At the same time, he has the right to demand compensation from the management company - the case is regulated by and.

Complications of the situation with incorrect charging usually occur in the absence of metering devices, as well as in some cases.

If statements for 2020 were not submitted

It's worth starting with the main thing. By analogy with the concept of a statute of limitations, there is a limited period in which an application can be filed.

Conditions for recalculation of water by meters if readings have not been submitted for a long time:

Indications were not provided for 1 to 5 months.
In this case, the metering device is considered faulty, and the charge occurs according to the calculated average monthly tariff. In this case, recalculation is possible only after the responsible persons have checked the condition of the meters. If the device is in working order and the seals have not been damaged, then you can submit an application.
From six months or more.
Missing 6 billing periods in a row is grounds for refusing to reduce the payment amount. Wherein Management Company is obliged to initiate an inspection of the IPU and take readings. This issue is described in more detail in.

You should not miss the dates for submitting information from meters for too long, since the difference in tariffs is significant. In addition, it is worth taking into account unforeseen circumstances, due to which 2 missed months can turn into six months, making the loss of funds irrecoverable. This threatens the formation of debt in payment receipts.

If there are no meters

A separate point is recalculation for utility bills in apartments where a meter is not installed. Such cases are described in. The basis for this is the absence of the tenant for more than 5 days in a row.

There are two nuances:

Only recalculation for hot and cold water is provided. Water disposal for general house needs is not affected.
Documents must be attached to the application to confirm the fact of departure.

At the same time, it is possible to appeal to legislative acts only if it is determined that it is impossible to install a water meter. If the metering devices are not at the consumer's request, the application will be refused.

The state strictly suppresses attempts to abuse rights. For example, providing an apartment for rent during absence. If it is discovered that someone is living in the premises, best case scenario you will receive a refusal, and in the worst case, liability for fraudulent actions.

Recalculation for hot water of inadequate quality

The most significant part of the payment for utilities is hot water supply.

Definition of DHW provides specific standards that it must comply with:

Heat. Minimum temperature DHW at – 65 degrees. At the same time, the permissible difference for the daily period has been established - a discrepancy of up to 3 (daytime) and 5 degrees (at night). If from hot the tap is coming barely warm water(below 40°C) – payment at the cold water tariff.
If the hot water supply is “rusty”, then you can initiate a check. In practice, the method is of little use when water of inadequate quality is supplied continuously, most likely, scheduled work is taking place. In this case, it is difficult to prove the fact of violation of the terms of their duration.

To recalculate for low-quality hot water, a special formula is used.

Formula for recalculating hot water of inadequate quality

The period during which the hot water supply does not meet the norm is from 40 to 64°C. Higher is acceptable, lower is considered cold. For every three degrees less than normal, the cost of the service drops by 0.1%. The calculation algorithm is indicated in paragraph.

Example

For convenience of calculations, we will take a tariff of 330 rubles per square meter.

During the month, a resource with a temperature of about 55°C was supplied from the hot water tap, then hot water is recalculated as follows:

A multiplier is determined - 0.1% for every three degrees of deviation. Total, 0.3%.
The tariff is divided by the quantity calendar days in the period. 330 / 30 = 11 rubles for every 24 hours.
The fee for 1 day, the coefficient and the number of hours in the billing period are multiplied - 11 * 0.003 * 720 = 23.76. This is the recalculation amount.
The resulting value is deducted from the monthly tariff. The total payment will be 330-23.76 = 306.24 rubles.

Please note: the reduction in service is calculated not in tenths, but in fractions of a percent, i.e. not 0.1, but 0.001.

Recalculation for hot water during planned shutdowns

If the DHW is turned off during annual work at Vodokanal, the conditions specified in:

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duration of events every 12 months. – no more than 14 days;
consumers must be notified 10 days before disconnection.

In case of violation of deadlines, the fee is reduced by 0.15% for each hour exceeded. If the duration is met, then no recalculation for hot water will be provided.

Note: there are also maximum deadlines for unscheduled suspension. In case of emergency, the hot water supply should not be turned off for more than 4 hours in a row.

How to write an application for recalculation

There is no strict format for writing an application. It is enough that it contains all the necessary data. In addition, information about the applicant and the organization to which the application is being submitted should be correctly indicated. It is also worth preparing the necessary documents and taking into account the deadlines for filing an application.

Statute of limitations for recalculating hot water

This nuance is important for consumers of utility services if it is impossible to install metering devices. There are time limits for filing an application in case of departure. You must apply for a recalculation no later than 1 month from the date of return. If there is a delay, the accrual adjustment will be denied.

It is best to write an application before departure, attaching documents confirming the period of absence. Application processing time – 5 working days.

Application for recalculation of water by meters

The application must be submitted in writing.

It should contain:

Name of the management company and responsible person.
FULL NAME. and the applicant's contact information.
Please recalculate.
Indication of justifications with references to laws.
Information about the accrual of fees, the amount of which is disputed.
Signature and date.

The easiest way is to draw up an application for recalculation of water according to meters using the sample.

Required supporting documents

Before contacting the Criminal Code, you need to collect documents to attach to the application.

These include:

certificate of verification of the meter with a certificate of reconciliation of readings;
results of hot water temperature measurements;
documents on shutting off water supply;
expert opinion on the quality of hot water samples.

The more documents you can provide, the higher the chance of a decision in favor of the consumer. The presence of all relevant acts on the problem is an indicator of the correctness and validity of the appeal.

Where to complain if a water recalculation is refused

After submitting an application without evidence, the management company may refuse recalculation.

Other legal grounds:

violation of statute of limitations;
ignoring the need for responsible persons to have access to meters to verify the IPU.

If the application was drawn up correctly, the documents are attached, but the Criminal Code still refuses to recalculate, then you can file a claim. It is submitted to the state housing inspection.

It is necessary to describe the problem, complain about the illegal actions of the management company, list the names of employees and the dates of submission of applications. The text may refer to a violation of the Housing Code by the management company - and in the form of failure to fulfill obligations. The complaint should be accompanied by a copy of the application, ideally with a return receipt from an employee of the management organization.

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Don't understand the article or need help? Ask our in-house lawyer a question through the Online Consultant form or leave a comment. We will definitely answer!

Please note: in order to improve work with consumers, most management companies record conversations. It would be useful to indicate the dates and approximate times of calls if there were attempts to solve the problem by phone.

Appeals to the inspectorate are considered in accordance with the following procedure:

registration – within three working days;
The examination itself takes 1 month, during the same period inspections are carried out;
the response is sent to the specified contact information.

As a result, it is possible to initiate a procedure to analyze the activities of the management company, which may result in large fines and the transfer of the problem to the court. Sometimes facts are discovered that do not allow the housing inspectorate to act within its competence. In this case, the applicant receives a refusal with an explanation and an indication of the authorities to which the claim is forwarded.

Judicial practice on recalculation after verification of water meters

The last authority to turn to if recalculation is necessary is the court. The claim should list violations of articles of the Housing Code and rights by the Criminal Code. In this case, the state fee is not paid, since the appeal is considered a claim for the protection of consumer rights.

Additionally, the possibility of pre-trial settlement and the amount of compensation to be paid by the management company are indicated. Otherwise, a standard claim is drawn up.

Going to court is a last resort, and it usually doesn’t come to that. Recalculation for water by meters is a standard procedure, and most often occurs due to a common error. It is important to promptly respond to inflated charges in payments and seek compensation.

Watch the video:"Do-it-yourself recalculation of housing and communal services. Part 2."

Hello, in this article we will try to answer the question “How to Recalculate Hot Water According to Resolution 354.” You can also consult with lawyers online for free directly on the website.

If there is no hot water control unit that records the temperature of the coolant (the house is not equipped with a control unit put into operation in in the prescribed manner, or is equipped with a control unit that does not measure the water temperature, but records the coolant flow and the amount of thermal energy), the fact of delivery of hot water of inadequate quality must be confirmed by a set of documents.

What is the procedure for recalculating utility fees for hot water supply of inadequate quality?

If the hot water temperature is less than 60 degrees, then according to the same scheme, a deduction of 0.1% is made for every three degrees below the norm.

The actions also differ depending on the presence of a metering device. 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.

STEP 6: If in the period following the submission of the application for recalculation, it is not made, you have the right to contact the regional public housing authority (State Housing Inspectorate) with an application for an inspection, to which all drawn up acts must be attached (see sample application ).

Pressure in DHW system at the point of water collection it should be from 0.03 MPa (0.3 kgf/cm²) to 0.45 MPa (kgf/cm²). Pressure deviation in the hot water system is not allowed. For each hour when the pressure deviated from the set value by up to 25 percent, the fee is reduced by 0.1% of the fee for the billing period.

N 1190 “On the Rules for determining the amount of payment for utility services paid by tenants of residential premises in dormitories included in the housing stock of organizations carrying out educational activities, under rental agreements for residential premises in a dormitory.”

Recalculation of hot water according to Resolution 354 in case of temperature mismatch

Poor quality services. Independent quality measurements are not recognized by managers, so they must be carried out by specialists. During measurements, the water pressure is estimated, chemical composition, transparency, hot water temperature. If you have any doubts about the quality of water, you can contact Rospotrebnadzor.

Before determining the temperature of the hot water at the tap point, it is necessary to drain the hot water for no more than 3 minutes. Here are the main indicators of hot water quality that are required by the legislator for this utility service.

Recalculation for water according to the meter is done by the service provider in accordance with clause 61 of the Rules, approved. Resolution 354.

If it is discovered that the procedure for connecting the consumer’s in-house equipment to the in-house engineering systems has been violated.

Clause 5 of Appendix No. 1 to Regulation No. 354 contains the following provisions: the energy supply organization is obliged to provide the consumer hot water, the temperature of which corresponds to the established SanPiN 2.1.4.246-09, deviations are allowed by no more than 5°C at night, and no more than 3°C during the day.

Each utility and housing service must be provided with high quality and in accordance with the standards established by the legislation of the Russian Federation.

Before you make an official request for a measurement, you need to carry out this procedure yourself. Having opened the tap with hot water, you need to let it drain for about 3 minutes, then fill the container with liquid and measure it with a household thermometer, waiting a few minutes until the thermometer column stops.

Each utility and housing service must be provided with high quality and in accordance with the standards established by the legislation of the Russian Federation.

The government adopted a new resolution No. 354 of 05/06/2011, according to which it is possible to receive a recalculation for utilities under certain conditions.

If interruptions exceed the standards, then for each extra hour the water bill is reduced by 0.15%. For example, if there is no hot water for a day, then the payment for water will be reduced by 3% (the permissible downtime has been exceeded by 20 hours).

The application for recalculation does not have a strictly established form and is written in free form By general rules registration of this business document.

Supply cold water, hot water, thermal energy, electrical energy and gas in non-residential premises V apartment building, as well as wastewater disposal, are carried out on the basis of resource supply agreements concluded in writing directly with the resource supplying organization.

Obtaining services is one of the topics that requires knowledge at the level of regulations and legal precedents. Job utilities Far from no complaints from residents. And when receiving low-quality services, you need to understand that utility services must pay for these inconveniences.

Where to go for recalculation?

In case of refusal to make a recalculation, the citizen is left to decide what to do next: he has the right to apply own choice to Rospotrebnadzor (for quality of services), the prosecutor's office or the court.

Payment for hot water supply constitutes a significant part of all utilities, and its quality is not always satisfactory. If rusty or lukewarm water comes from the tap, if there are interruptions in supply, the consumer has the right to count on a recalculation of the amounts for Inadequate DHW quality.

Terms for recalculation of utilities

According to clause 104 of the Rules, an examination upon the fact of a person’s application must be carried out within 2 hours (or at another time as agreed by the parties). The inspection report is drawn up by commission, and the consumer is given his own copy.

However, these provisions do not in any way reduce the temperature, which is an indicator of the quality of hot water.

For example, if you did not have hot water for two weeks, then the amount of payment for hot water should be reduced by the cost for these two weeks (provided you do not have cold and hot water meters). Decree 354 regulates not only your rights, but also your obligations in relation to management companies, housing and communal services enterprises or HOAs.

The procedure for recalculating utilities

Statement of claim for the provision of utility services for hot water supply of inadequate quality and a reduction in fees for hot water. There is not enough information about how management companies make money from hot water supply high temperature, you can find out from the video: Did you like the article? Follow site updates on VKontakte or Twitter.

If for some reason the residents of the house were absent from the apartment for more than 5 days, they have the right to receive a recalculation of utilities during their absence.

N 580 “On amendments and invalidation of certain acts of the Government Russian Federation"(Collected Legislation of the Russian Federation, 2010, No. 31, Art. 4273). In the first case, it is much easier to obtain a recalculation, since it is enough to write the required application in a timely manner and provide documents confirming your absence from the apartment for a certain time. In the second case, it will be necessary to record the fact of violation of the quality of services and the timing of their provision.

The new edition of PP 354 came into force at the end of 2015. This legislative act regulates the procedure for generating bills for housing and communal services and establishes consumption standards.

Violations of the norms that are recorded in the act should not go unnoticed. Refund amount or non-charge for hot water supply in case of discrepancy standard temperature These are funds that should not be overpaid.

However, according to Resolution 354, the amount of charges for utilities can be recalculated in your absence.

C - in closed. The water temperature in the hot water supply system must be maintained using an automatic regulator, the installation of which in the hot water supply system is mandatory. The water temperature at the outlet of the water heater of the hot water supply system must be selected from the condition of ensuring the normalized temperature at the water supply points, but not more than 75 degrees.

Rules for recalculation for hot and cold water with and without meters in 2020 - Resolution 354, formulas, sample statements in case of disconnection or inadequate quality of services

The system for accounting for consumed utilities is being improved every year. Electronic resources have appeared for remotely entering readings and even devices that independently send data from the meter. However, it is not always possible to completely eliminate errors, and the cost of utilities, in particular water supply, is often overpriced. Recalculation for water helps to avoid further overpayment in such cases.

Legal regulation and grounds for recalculation of hot water supply and hot water supply

Don't understand the article or need help? Ask our in-house lawyer a question through the Online Consultant form or leave a comment. We will definitely answer!Ask a question >>>

Government Decree No. 354

It contains the following provisions:

terms of use;
rights and obligations of the owner, as well as the organization providing services;
payment order;
cases of recognition of housing and communal services as low-quality, including facts of violation of their provision;
features associated with the use of a central cold water and hot water system, or a separate column;
responsibility of the parties.

There is no need to fully delve into the text of the document to solve the problem. You should pay attention to specific articles.

Recalculation for hot water according to Resolution 354 is possible if:

there were errors when entering data into the accounting system - when there was a discrepancy with the actual readings;
the water does not meet sanitary and hygienic standards after purification (approved by SanPin 2.1.4.1074.1);
the pressure in the water supply pipes is lower than required;
emergency work deadlines were violated.

All grounds are indicated starting in section VIII of the Resolution. Paragraphs 86 to 98 describe the recalculation procedure.

Other legislation

It is not necessary to refer to these sections, but knowledge of them can help in cases of protracted disputes with the management company.

Watch the video: “Do-it-yourself recalculation of housing and communal services. Part 1."

Nuances and grounds for recalculating water consumption

In this case, we can distinguish 4 situations that are considered the basis for changing the amount in the receipt:

Incorrect information - intentional or accidental.
It is detected during a scheduled inspection - a walk-through of apartments by employees. They record the differences and transmit the data to the settlement center, where the charges are adjusted. In some cases of recalculation after checking water meters, the next receipt may come with a minus sign, and you will not need to pay for housing and communal services for the next 2-3 months.
Violation of the rules for connecting to the central water supply system.
The inspection report is drawn up by specialists of the management company. As a result, the tenant receives an order to correct the connection, as well as charges for unaccounted for water.
Interference with the work of the IPU.
If the seal is broken, then recalculation will be made only from the date of its renewal. In this case, the application is accepted no later than three months from the date of detection of the interference - a security measure against unauthorized actions.
Low quality CG.
If non-compliance with the standards is confirmed, a decision is made in favor of the apartment owner. At the same time, he has the right to demand compensation from the management company - the case is regulated by Part 4 of Article 157 of the Housing Code of the Russian Federation and Section IX of Resolution No. 354.

Complications of the situation with incorrect charging usually occur in the absence of metering devices, as well as in some cases.

If statements for 2020 were not submitted

It's worth starting with the main thing. By analogy with the concept of a statute of limitations, there is a limited period in which an application can be filed.

Conditions for recalculation of water by meters if readings have not been submitted for a long time:

Indications were not provided for 1 to 5 months.
In this case, the metering device is considered faulty, and the charge occurs according to the calculated average monthly tariff. In this case, recalculation is possible only after the responsible persons have checked the condition of the meters. If the device is in working order and the seals have not been damaged, then you can submit an application.
From six months or more.
Missing 6 billing periods in a row is grounds for refusing to reduce the payment amount. In this case, the management company is obliged to initiate an inspection of the IPU and take readings. This issue is described in more detail in paragraphs 59 and 60 of Resolution No. 354.

If there are no meters

A separate point is recalculation for utility bills in apartments where a meter is not installed. Such cases are described in Section VII of the Resolution. The basis for this is the absence of the tenant for more than 5 days in a row.

There are two nuances:

Only recalculation for hot and cold water is provided. Water disposal for general house needs is not affected.
Documents must be attached to the application to confirm the fact of departure.

The state strictly suppresses attempts to abuse rights. For example, providing an apartment for rent during absence. If it is discovered that someone is living on the premises, at best a refusal will be received, and at worst - liability for fraudulent activities.

Recalculation for hot water of inadequate quality

The most significant part of the payment for utilities is hot water supply.

The definition of hot water supply provides specific standards that it must comply with:

Heat. The minimum DHW temperature according to SanPiN is 65 degrees. At the same time, the permissible difference for the daily period has been established - a discrepancy of up to 3 (daytime) and 5 degrees (at night). If barely warm water comes from a hot tap (below 40°C), pay at the cold water tariff.
If the hot water supply is “rusty”, then you can initiate a check. In practice, the method is of little use when water of inadequate quality is supplied continuously, most likely, scheduled work is taking place. In this case, it is difficult to prove the fact of violation of the terms of their duration.

To recalculate for low-quality hot water, a special formula is used.

Formula for recalculating hot water of inadequate quality

Example

For convenience of calculations, we will take a tariff of 330 rubles per square meter.

During the month, a resource with a temperature of about 55°C was supplied from the hot water tap, then hot water is recalculated as follows:

A multiplier is determined - 0.1% for every three degrees of deviation. Total, 0.3%.
The tariff is divided by the number of calendar days in the period. 330 / 30 = 11 rubles for every 24 hours.
The fee for 1 day, the coefficient and the number of hours in the billing period are multiplied - 11 * 0.003 * 720 = 23.76. This is the recalculation amount.

Please note: the reduction in service is calculated not in tenths, but in fractions of a percent, i.e. not 0.1, but 0.001.

Recalculation for hot water during planned shutdowns

If the hot water supply is turned off during annual work at Vodokanal, the conditions specified in Decree of the Gosstroy of Russia No. 170 must be met:

Don't understand the article or need help? Ask our in-house lawyer a question through the Online Consultant form or leave a comment. We will definitely answer!Ask a question >>>

duration of events every 12 months. – no more than 14 days;
consumers must be notified 10 days before disconnection.

In case of violation of deadlines, the fee is reduced by 0.15% for each hour exceeded. If the duration is met, then no recalculation for hot water will be provided.

Note: there are also maximum deadlines for unscheduled suspension. In case of emergency, the hot water supply should not be turned off for more than 4 hours in a row.

How to write an application for recalculation

Statute of limitations for recalculating hot water

It is best to write an application before departure, attaching documents confirming the period of absence. The processing time for the application is 5 working days.

Application for recalculation of water by meters

The application must be submitted in writing.

It should contain:

Name of the management company and responsible person.
FULL NAME. and the applicant's contact information.
Please recalculate.
Indication of justifications with references to laws.
Information about the accrual of fees, the amount of which is disputed.
Signature and date.

The easiest way is to draw up an application for recalculation of water according to meters using the sample.

Required supporting documents

Before contacting the Criminal Code, you need to collect documents to attach to the application.

These include:

certificate of verification of the meter with a certificate of reconciliation of readings;
results of hot water temperature measurements;
documents on shutting off water supply;
expert opinion on the quality of hot water samples.

Where to complain if a water recalculation is refused

After submitting an application without evidence, the management company may refuse recalculation.

Other legal grounds:

violation of statute of limitations;
ignoring the need for responsible persons to have access to meters to verify the IPU.

If the application was drawn up correctly, the documents are attached, but the Criminal Code still refuses to recalculate, then you can file a claim. It is submitted to the state housing inspection.

It is necessary to describe the problem, complain about the illegal actions of the management company, list the names of employees and the dates of submission of applications. In the text, you can refer to the management company’s violation of the Housing Code – clause 2.3 of Article 161 and clause 2 of Article 162 in the form of failure to fulfill obligations. The complaint should be accompanied by a copy of the application, ideally with a return receipt from an employee of the management organization.

Don't understand the article or need help? Ask our in-house lawyer a question through the Online Consultant form or leave a comment. We will definitely answer!Ask a question >>>

Please note: in order to improve work with consumers, most management companies record conversations. It would be useful to indicate the dates and approximate times of calls if there were attempts to solve the problem by phone.

Judicial practice on recalculation after verification of water meters

Additionally, the possibility of pre-trial settlement and the amount of compensation to be paid by the management company are indicated. Otherwise, a standard claim is drawn up.

Watch the video: “Do-it-yourself recalculation of housing and communal services. Part 2."

Recalculation of Hot Water in 2020 According to Resolution 354

Hello, in this article we will try to answer the question “Recalculation for Hot Water in 2020 According to Resolution 354.” You can also consult with lawyers online for free directly on the website.

Often, residents of houses and apartment owners pay utility bills, without looking into them and without being interested in what they actually pay money for. But in last years people increasingly became interested in utility tariffs and their own rights. In particular, many people learned that it is possible to recalculate utility services according to Resolution 354.

Decrees of the Government of the Russian Federation regulate certain issues of providing citizens with certain services. Section eight regulates the procedure for recalculating water meter readings.

The latest amendment, which is reflected in Government Resolution No. 354, is devoted to such housing and communal services as the provision of gas.

The latest changes to the wording of Government Decree 354 of the Russian Federation in 2020

If the services provided are of such poor quality that, as a result of consumption, damage has been caused to the health or lives of people. If the owner does not have metering devices, and he is not at the place where he owns the apartment for a long time, recalculation will be carried out according to the usual scheme.

When checking the condition of the metering devices, it may turn out that the metering device is in good condition, for example, the seals on it are not damaged, but its readings differ from those that the consumer submitted to calculate the cost of the utility service for the billing period preceding the inspection. After recalculation, it may turn out that the consumer did not pay for the service in full or, conversely, overpaid for it. In the first case, he may receive a requirement to pay an additional fee, and in the second, a notification of an overcharged fee.
We will talk about the most interesting issues for consumers of utility services that are resolved by the “Rules for the provision of housing and communal services”. Naturally, they are associated with the formation of the cost of utility services and the ability to recalculate in the event that these services were not provided or were of poor quality.

The government adopted a new resolution No. 354 of 05/06/2011, according to which it is possible to receive a recalculation for utilities under certain conditions. This resolution clearly states in which cases recalculation is possible, the procedure for recalculation, and a list has been approved necessary documents, there are clear formulations of what is included in poorly provided utilities, and so on. People do not always have time to track changes in current legislation, even those who understand the laws. Citizens pay attention to legal norms and, first of all, to utility bills, because this is the most significant part of the family budget.

According to the standard, the owner needs to know from what period a recalculation can be made. If there is a meter in the first three months, the fee is determined by average norm consumption. Further calculations take place according to the standards provided for in the corresponding region.

The Office of Rospotrebnadzor for the Tyumen Region informs about cases provided for by current legislation that establish the possibility of recalculating the amount of fees for utility services.

Water consumption is calculated according to the standards specified in the law. Of particular importance are the meter readings, which must be of proper quality and provide valid readings. If it shows incorrect values, recalculation may be refused.

If unauthorized interference with the operation of a meter located at the consumer is detected. If the inspectors officials the authorized organization (performer) will not be able to determine the date of the unauthorized connection, then additional fees will be charged starting from the date of the previous check of the meter.

The basis for the recalculation of utilities is provided for in Decree of the Government of the Russian Federation dated May 6, 2011 N 354. They are contained in various paragraphs of the Rules. Not in all cases we're talking about on recalculation in favor of the consumer. For example, clause 62 of the Rules talks about recalculation in favor of the resource supplying organization when the consumer interfered with the operation of the meters and distorted the readings, for example, using popular neodymium magnets. Here is a complete list of when recalculation is possible:

temporary absence of the consumer (more than 5 days, which is documented) in the occupied residential premises, where there is no technical possibility of installing metering devices (section 8 of the Russian Federation Regulations);
provision of utility services of inadequate quality and (or) with interruptions exceeding the established duration (section 9 of the RF PP);
change in the payment method for heating services (recalculation is made in the first quarter of the year following the year in which the payment method was changed (clause 42 of the RF Regulations);
underestimation of meter readings by the consumer, revealed by verification (clause 61 of the Russian Federation Regulations);
malfunction of the meter or damage to the seal after the verification period has expired (calculation is carried out according to the average monthly readings of the meter according to clause 59 of the RF PP, and after the expiration of the period specified in clause 59 to clause 60 of the RF PP - using standards, and if the consumer provided readings of such a metering device, the contractor carries out recalculation (sections 6.7 of the RF PP);
distortion of readings due to unauthorized interference in the operation of meters or connections (clause 62 of the Russian Federation Regulations);
use of residential premises by temporary residents in the absence of individual or apartment meters(see clauses 32, 56, 57 of the Russian Federation Regulations), in this case payment must be made by a permanently residing consumer

The state acts as a guarantor of the relationship between the contractor and the consumer, so that the citizen receives a recalculation for utility services. Between the indicators on the metering devices in the house and the meters in the owner’s apartment, a balance is established for the volume of costs of the needs of the house.

Situations in life are different. It happens that the residents of an apartment go on vacation, and the apartment is empty for some time. Or, for example, the only person living in the apartment goes on a business trip, ends up in the hospital, or goes to the country. In any case, the apartment has been empty for some time. And, if no measures are taken, then the bill for utilities that you did not use in your absence will need to be paid in full. A legal entity that provides housing and communal services will have to bear responsibility before the provisions of the law if it fails to fulfill its own obligations or if they are performed in bad faith.

Recalculation of payments for certain utility services provided during the period when the consumer was temporarily absent from the residential premises is carried out in the manner determined by the norms of domestic legislation.
There is a need to rent a plot for the construction of several non-permanent metal garage boxes in Nizhny Novgorod.

What is included in the ODN according to Decree 354 of the Government of the Russian Federation

In accordance with the tariffs determined in the Russian Federation, the contractor determines the cost of housing and communal services. The quality of services provided by providers must necessarily comply with the standards established by domestic legislation. If the consumer does not receive what he pays for, he has the right to demand compensation.

Thus, the Rules operating on the basis of Government Decree 354 of the Russian Federation dated May 6, 2011, as amended for 2020, specify and expand concepts that are given only in the Housing Code of the Russian Federation general view. In particular, the Housing Code of the Russian Federation deciphers only such concepts as “residential premises” and “management organization”.

Recalculation is done by submitting an application indicating where the citizen submitted it, possible reasons submission, how much they paid before recalculation, when the readings were taken for the last time and other conditions.

The contractor has the right to draw up an act establishing the number of citizens temporarily residing in the residential premises in order to calculate the cost of services. If it is discovered that the procedure for connecting the consumer’s in-house equipment to the in-house engineering systems has been violated.

In addition, it cannot be ruled out that consumers suffered material damage as a result of using low-quality utility services. It may also turn out that the rights of individuals who use certain housing and communal services, regulated in the relevant agreement, were violated. As in previous cases, the performer will be considered guilty and will be punished.
If we take into account general house needs, then payment must be made in accordance with the current tariff plans. All comprehensive information on this issue can be obtained from the housing and communal services department. If the supply of electricity is interrupted for some time, mandatory recalculation will be carried out in accordance with established tariffs.

How is the ODN standard for electricity calculated and what is its size in 2020?

In extremely rare situations it happens that due to Low quality services provided, the client’s well-being deteriorated, even to the point of death. In this case, the supplier will face criminal penalties.
If the contractor has violated the rules for providing sufficiently high-quality services, the consumer can count on being exempt from paying for them.
If the owner of residential property has meters, recalculation of utility services will be carried out automatically after providing information about new data in full compliance with the norms of current legislation.
From April 1, 2017, municipal resources are considered equal to wastewater, the withdrawal of which occurs according to centralized networks engineering and technical support (354th Decree of the Government of the Russian Federation with the latest amendments in 2017).

At the same time, recalculation occurs only when the residential premises are not equipped with common or individual accounting(counters). Payments for general house needs, however, are not recalculated. They are calculated according to the tariffs and standards provided for in the corresponding region.
Housing on completion heating season recalculates and either returns the money paid or adjusts reverse side. Overpayment is a common option when the owner does not send meter readings to government agencies for various reasons, therefore, he is required to recalculate the next month.

If a consumer living in a residential premises that is not equipped with an individual or common (apartment) meter due to the lack of technical feasibility its installation, is temporarily absent and does not live in the residential premises.

Another situation when it is possible to recalculate utility bills is the poor quality of provision of relevant services, or a delay in the timing of their provision (for example, heating should have been turned on on October 1, but was turned on only on October 3). In order to achieve recalculation, it is necessary to record the fact of violation and improper provision of utility services.

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.

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.
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.
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.
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 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).
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.
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 repair work is delayed, the issue of payment arises. 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:

Full name of the head, name of the recipient organization.
Full name, registration address of the applicant.
The name of the document is Application.
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 the overcharged fee, an act of provision poor quality service, if it was drawn up, an extract on the absence of arrears in payments, a document of 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.

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.

In fact, it turns out that ZhEU-54 does not have such a practice. For example, a suitable form is not provided:

COMPLAINT about the refusal to recalculate the payment 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 hot water, a response was received dated April 11, 2011 No. 766 with the following content: “according to the act, the temperature of the hot water is 50*C, the temperature in the bathroom was not measured. DHW temperature corresponds to standard values, recalculation is not performed." 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 utilities 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. *

* Later it turned out that to measure the water temperature, a three-minute drain of water is still provided

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", the chief engineer of 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 "p") of the Russian Government Decree "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 for payment for June 2011

21.06.2011 UZHH sends a letter to the ERCC:

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

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

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