Hot water temperature according to standard. IX

Numbers on the payment receipt utilities do not always reflect actual water consumption. Sometimes the management company adjusts the amount in big side based on the results of meter verification. Sometimes the reason is that the tenant gave the testimony incorrectly or a simple mistake by the utility workers. To recalculate your water bill using the meter, you must first determine the grounds for reducing the amount.

The apartment has a meter, but the management company charges fees according to the norm: reasons and algorithm of actions

The main regulatory act regulating the procedure for providing and calculating fees for utility services is Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, which contains the “Rules for the provision of utility services” (hereinafter we will call them Rules 354). Why can the management company charge for water according to the norm, and not according to installed counter?

1. Paragraph 59 of the “Rules...” mentions that such a situation may arise if the water meter does not pass verification at the right time. Readings from water meters with an expired calibration interval are not taken into account. In this case, payment for utility services (in the first 3 months) is calculated according to the amount of average consumption for the previous period. The duration of this period is 6 months before the end of the verification period.
2. Another reason is damage to the seals on the meter. In this case, you will have to pay a fine of 200 rubles. If it is revealed that the damage is a consequence of illegal connection and use of magnets, then this is already a criminal offense, and the fine can be increased to 300 thousand rubles.
3. Another reason is incorrectly transmitted reading data to the resource supply company. This is the most harmless reason, and the situation is easy to fix.

Whatever the problem, the main thing to remember is that the recalculation is done strictly after checking the water meters. When it is determined that the meter is in working order and the verification period has not expired, recalculation measures will be taken. Ultimately, the amount is adjusted in two cases:

• on the basis of an inspection report (verification) of a metering device or a protocol;
• on the personal initiative of the consumer. In this case, it is necessary to write an official statement to the Criminal Code.

If the fee continues to be charged at the rate without taking into account meters, you will have to follow the instructions for the second case. The sequence of actions under such circumstances:

1. Make sure that the period for verification of devices has not expired. To do this, just look at the meter's passport. This is where the manufacturer indicates the calibration interval. If documents are lost, you should contact for the necessary information. management company. You can also make an official request and restore your passport from the manufacturer (this is usually a paid service and is not provided in all cases).
2. Once it turns out that verification of water meters is not required, you can proceed to the next step. To do this, you need to call specialists from the management company and draw up a report. It must record the exact readings of the instruments.
3. Register an official statement. Attach documents received after inspection of the meters by specialists. It will also confirm that the meter does not need verification and is in in good condition.
4. Submit an application to the settlement department of the management company.

The application must be reviewed within five working days. If the outcome is positive, the amount for utilities will be recalculated. The part that was overpaid will be transferred to the future payment.

An application for recalculation will be approved only if the verification period has not expired and the seals are not damaged. Otherwise, you will have to put the metering device in order or change it.

What to do if you don't agree with your utility water bill

In accordance with clause 42 of Rule 354, the amount of payment for utility services provided in a residential premises equipped individual device metering (that is, by the meter), with the exception of the payment for the heating utility service, is determined based on its readings.

Utility workers counted more than the water meter shows

If the amount of water used in the issued receipt exceeds the readings of the meter, the procedure will be as follows:

1. You need to contact the utility company and report the difference between the data in the receipt and the actual meter readings. In some cases, it is enough to provide photographs of the metering device, which allows one to examine the visual identification marks of the device (seal, name, number), as well as establish its integrity.
2. Call specialists from the resource supply company to your home so that they can inspect the metering device and draw up a report that will serve as the basis for further adjustments in the calculations.
3. The utility service provider must recalculate (in accordance with clause 61 of Rule 354). As a result, the subscriber must either adjust the amount of payment or take into account the amount resulting from overpayment for water when paying for subsequent periods. The recalculation amount must be reflected in the receipt that will be sent to the subscriber.

Incorrect readings were provided

In a situation where a subscriber transmits erroneous meter readings, you should proceed in the following way:

1. If incorrect readings were transmitted once, any of the following should be done: possible ways transmit or report correct data, while informing representatives of the utility organization about the error.
2. If erroneous readings were transmitted over several periods, you will need to call representatives of the resource supply company to your home so that they can inspect the meter and draw up a report.
3. Utilities will recalculate the fee based on the meter readings taken during the inspection. Overpaid cash will also be taken into account towards payment of future periods.

Poor quality services

If a consumer is provided with a low-quality utility service, the consumer also has the right to demand a recalculation of the fee. For example, in a situation where, due to an accident, there was no water in the house for a long time. In accordance with state Sanitary Regulations and Regulations, the duration of the interruption in the provision of communal resource, as well as requirements for constant composition and pressure in the water supply system.

If these indicators are violated, the amount of water payment for the billing period is subject to reduction until the consumer is completely freed from the need to pay for such a service (clause 98 of Rules 354).

The algorithm of actions will be as follows:

1. Submitting a corresponding statement regarding the provision of low-quality services and a request for recalculation.
2. Waiting for notification from the resource supplying organization about measures taken ah, as well as the need to participate in the investigation of the reasons for which the situation of providing a low-quality resource arose.
3. Receive the results of the investigation in your hands, indicating all actions taken, measures taken, as well as recommendations.
4. Waiting for recalculation.

In some cases, it may be necessary to re-submit an application for recalculation of the amount payable; it all depends on the document flow of a particular utility company.

Next situation, in which recalculation is possible - discrepancy hot water established standards. In this situation, you should be guided by paragraphs 5,6,7 of Section II of Appendix 1 of Rules 354. The procedure will be similar to the above.

Network repair

The situation with network repairs is ambiguous, since it will be possible to demand a recalculation of the amount payable only if the provisions of Appendix No. 1 of Rule 354 are violated, namely:

• in case of accidents, the interruption in water supply is more than 8 hours in total for one month;
• the break is more than 4 hours in a row when applying cold water and more than 24 hours in the absence of hot water.
• During planned pressure testing, the duration of hot water shutdown is no more than 14 days per year, and consumers must be notified 10 days before the shutdown.

If deadlines are violated, the fee is reduced by 0.15% for each hour exceeded.
If there are water meters, the fee for missing hot water supply or hot water supply will not be charged in any case. Therefore, there is no right to demand a recalculation: in any case, you do not pay for a service not provided.

What to do if they refuse to recalculate water bills

Cases of refusal to carry out recalculation are not uncommon. Very often, utility companies unreasonably ignore the need for recalculation.

To prove that you are right, you need to receive an official refusal from the resource provider, containing the reasons and grounds. Next, with the received paper and available documents, you can apply for protection of your rights to the following government authorities:

1. State Housing Inspectorate of the Russian Federation.
2. Rospotrebnadzor.
3. Prosecutor's Office of the Russian Federation.

To substantiate your case, you will need to attach all supporting papers and calculations made. The result of the appeal will be an investigation initiated by the government agency, as well as a decision made based on its results.

If it is not possible to receive a paper with a refusal to recalculate, or utility workers simply ignore receiving an application from the consumer, in a complaint to the supervisory authority it will be possible to indicate this information, and also add that the recalculation is not carried out unmotivated and unreasonable.

The final authority where you can turn to protect your rights will be the court. However, filing a statement of claim there must already take place according to the standards established by the current Code of Civil Procedure of the Russian Federation. Judicial practice on this matter is quite extensive and very often courts oblige companies to recalculate.

Sample applications

The very fact that there is a water meter in the apartment does not always guarantee payment according to its data. This is influenced by a number of reasons that the consumer may encounter. In such circumstances, the main thing is not to worry and act according to the presented algorithm. The problem can be solved quickly and successfully.

Payments for utility services make up a significant share in the budget of Russians, often exceeding 1/5-1/4 of total income. That is why it is important to ensure that housing and communal services receipts include only the services actually consumed by the family (this also applies to water supply), and do not hesitate to demand a recalculation of payments.

What is recalculation for water in a housing and communal services receipt?

Depending on what amenities the living space is provided with, the consumer has to pay for cold and hot water, electricity, gas or solid fuel, drainage ( wastewater), collection and removal of waste (MSW). According to the payment for “utilities”, water (cold and hot), energy, and sanitation spent on maintaining common property are included. apartment building.

The total payment billed by the management company to the consumer tenant (or owner) is calculated from the readings individual counters(apartment) and public metering devices. If there are no meters, payment is calculated according to utility consumption standards. This procedure is also established for payments for water (Rules, approved by Decree of the Government of the Russian Federation No. 354 of 2011).

In some cases, a receipt for payment of utilities contains a recalculation column, which adjusts the total payment amount up or down. The amount is adjusted upward by resource supply organizations based on the results of meter checks, but to reduce the amounts for one reason or another, residents will have to write an application for recalculation.

The difference between the accrued and previously paid amount for water and the amount that actually needs to be paid is the amount of recalculation for water.

Grounds for recalculation

Current legislation provides for the possibility of recalculating amounts for water and other utility resources.

If there are meters in the apartment, this is done for one of the following reasons:

• Based on the results of checking the metering devices in the apartment. If the readings provided by the homeowner to calculate payments do not correspond to those found during the inspection by representatives of the resource provider, a recalculation is made based on the inspection data. In this case, it is possible that the amount will either decrease (if the readings were submitted with an overestimation of volumes) or increase it (if the readings were underestimated).
• In case of violation of the rules for connecting the consumer to networks. In this case, recalculation for the service is made on the basis of an act of the commission that established the fact of an incorrect connection. In this case, the consumer is charged additionally for the unaccounted resource (for water, this is done based on the throughput of the pipes) and is given an order to eliminate such a connection. If it is impossible to establish since when the incorrect connection has existed, additional fees will be charged for the three previous months (according to Article 354 of the Resolution, paragraph 62).
• In case of interference with the operation of meters. Common reasons recalculation on this basis is the loss of seals, missed deadlines after verification of meters, etc. Recalculation is made from the date of installation of seals and devices that allow recording unauthorized interference in the operation of meters, but no more than three months previous to the date in which interference with the operation of devices has been detected.
• When providing services (including cold water, hot water) with interruptions exceeding the standard duration, or poor quality(for example, low temperature hot water). At the same time, the person guilty of providing low-quality services or their absence is obliged to pay the consumer a fine (Part 4 of Art., Section 9 of Rules No. 354).

As follows from the above, the initiator of recalculation can be both the consumer himself and representatives utilities, authorized to conduct audits of the consumption of relevant resources.

The procedure for recalculating utilities

Adjustments to amounts accrued for utilities can be made:

• Based on a protocol or report of inspection/checking of metering devices;
• According to the consumer.

If the initiative is taken by a citizen-consumer of utilities, he must submit an application to the company providing the relevant services (heat supply or water utility). The application must be registered (make a note of acceptance on a copy of the application). If there are additional documents (inspection reports, quality reports, etc.), they are also attached to the application.

The application must be reviewed within no more than 5 working days. If the decision is positive, utility bills will be revised, and overpaid amounts will be offset against future payments (that is, in subsequent periods the consumer has the right to pay smaller amounts).

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.

How to recalculate water using a meter

The most common situation that requires recalculation of accrued amounts for cold water or hot water supply is incorrectly transmitted readings to the resource supply organization, which resulted in an overpayment for water.

The procedure to be followed is as follows:

• Record accurate instrument readings with the participation of suppliers. To do this, you need to call specialists from the heat and water supply organization and draw up a report.
• Attach a document for inspection of metering devices to the application and submit it to the billing department of the service provider.
• Expect recalculation, which will be reflected in the next payment receipt.

Recalculation for water according to the meter is done by the service provider in accordance with clause 61 of the Rules, approved. Resolution 354. At the same time, new meter readings taken on commission, at the request of the consumer, are accepted for recalculation only if it is established that the meters themselves are in good working order, the verification period has not expired, and the integrity of the seals has not been broken.

Hot water does not meet the norm - how to recalculate

Payment for hot water supply constitutes a significant part of all utilities, and its quality is not always satisfactory. If the faucet comes out rusty, or slightly warm water If there are interruptions in supply, the consumer has the right to count on recalculation of amounts for DHW of inadequate quality.

According to SanPiN DHW temperature should be at least 65 degrees, and according to the “Rules for the Provision of Public Utilities”, fluctuations during the day cannot exceed 3-5 degrees. According to the “Rules”, if the temperature of the hot water supply is below 40 degrees, it is paid at the rates of hot water supply, and if it does not reach the standard of 65 degrees, the cost of payment is reduced by 0.1% for every 3 degrees below the standard.

If the quality of water does not suit the consumer, he has the right to submit a claim to the management company (or HOA, housing cooperative).

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.

If the management company refuses to carry out an inspection, the residents have the right to draw up a joint act, which will subsequently become the basis for imposing a fine on the management company. If the fact of the temperature of the hot water supply is confirmed, it is attached to the application for recalculation, which is submitted to the heat supply organization (if an agreement is concluded with it), or to the management company (if, under an agreement with the consumer, payment is made through it). In this case, the period during which the service was non-conforming is indicated (such a period is determined according to paragraph 112 of Resolution 354).

The difference in domestic hot water bills is counted towards future periods (that is, subsequent months).

Who is responsible for hot water?

It often happens that in order to receive a recalculation for domestic hot water, the consumer has to find out who is responsible for hot water, its temperature and quality.

It should be remembered that citizens make mutual payments with those organizations with whom they have a concluded agreement for heat and water supply. Most often for the delivery of water to residents apartment buildings management companies are responsible, and heat supply organizations are responsible for the temperature and quality of water only up to the separation point (border) between centralized system

and home system.

Documents on the basis of which recalculation can be made

If a housing utility consumer requests a recalculation of payments for water, hot or cold, supporting documents must be attached to the application.

• Such documents may include:
• When clarifying the readings of metering devices - instrument inspection reports, verification document;

When supplying water of inadequate quality - a temperature measurement report, a report on the lack of water supply, water quality examination protocols, etc.

Sample application for recalculation of hot water

There is no established application form for recalculation of water charges.

By general rule, when writing such an application, it is necessary to indicate the name of the addressee - the organization to which the application is submitted (MC, HOA, resource provider), full name and address where the applicant lives (apartment, residential premises) for which recalculation must be made, and the text part, containing the reason and justification for the recalculation.

It is good to support the application with references to the Rules for the provision of utility services, SanPiN, etc. regulations. The documents attached to the application must be indicated in it. Be sure to sign and date the application, and also keep a copy with a note indicating its acceptance for consideration.

It is possible and necessary to know how to recalculate payments for utility services, including cold and hot water, if they do not meet the standard or if there are inaccuracies and errors in the transmission of information from meters. Just don’t forget about the procedure for providing recalculation and confirm your requirements with relevant documents.

We bring to your attention the material of our expert on legislation in the field of housing and communal services and his practical application , dedicated to the method of obtaining recalculation of fees for poor quality water arriving at our apartments - we will first of all talk about insufficiently hot water in taps and various aspects of returning part of the money paid for it.

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. Deviation from the requirements of the law in this part is violation of the quality of housing and communal services.
In this article we will talk in detail about the requirements for the quality of hot water supply (DHW), how to record violations and how to request a recalculation for poor quality service.
Often the hot water supply service is provided with poor quality; especially often, violations of the quality of hot water supply occur due to temperature conditions. This article will explain what requirements for hot water supply are established by law, how to identify and record violations of the quality of hot water supply and how to receive a recalculation for poor-quality service. The algorithm described in this article is also applicable to recording quality violations of other housing and utility services.

To successfully achieve the satisfaction of requirements for recalculation for poor-quality hot water supply services, you must:

• Identify violations of the quality of housing and communal services;
• Record a violation of the quality of housing and communal services in a certain manner established by law;
• Contact the contractor (for example, a management company) to eliminate the violation of the quality of housing and communal services;
• Contact the State Housing Inspectorate with an application to conduct a quality inspection of housing and communal services;
• Contact the contractor with a request to recalculate payments for poorly provided housing and communal services;
• If the contractor's requirements are not met, prepare a claim and go to court for a recalculation of utility bills.

That is, you follow the procedure for recording and activating violations of the quality of utility services, notifying the organization providing housing and communal services, presenting your requirements, and only in this case do you have a chance of success in your application for recalculation of utility payments.

1. How to identify violations in the quality of housing and communal services for hot water supply?
The main legal acts establishing standards for the quality of public services for hot water supply, in our opinion, are

• Decree of the Government of the Russian Federation dated May 6, 2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings"(Hereinafter Resolution 354).
• Federal Law “On Water Supply and Sanitation” No. 416-FZ dated December 7, 2011
• Federal Law “On the Sanitary and Epidemiological Welfare of the Population No. 52-FZ of March 30, 1999

Resolution of the Chief State Doctor of the Russian Federation No. 20 dated 04/07/2009 “On approval of SanPin 2.1.4.2496-09 (together with SanPiN 2.1.4.2496-09 “ Hygienic requirements to ensure the safety of hot water supply systems. Amendment to SaePin 2.1.4..1974-01.Sanitary and epidemiological rules and regulations).

Here are the main indicators of hot water quality that are required by the legislator for this utility service.

Requirement

Permissible break duration and permissible deviations from the quality of the control system. Conditions and procedure for changing the amount of payment for quality violations
Hot water must be supplied uninterruptedly and around the clock. Interruption of hot water supply for a total of no more than 8 hours per month,
- 4 hours at a time,
- in case of an accident on a dead-end highway - 24 hours in a row;
- in connection with the production of annual repairs and preventative work in engineering and technical networks for providing hot water - in accordance with SanPiN 2.1.4.2496-09 Exceeding the interruption in the provision of hot water serves as the basis for a recalculation of 0.15% of the payment for the billing period for each subsequent hour of non-provision of hot water.
Ensuring that the hot water temperature at the point of water collection meets legal requirements (SanPiN 2.1.4.2496-09)

P.2.4. The temperature of hot water in water collection points, regardless of the heating system used, must be no lower than 60 °C and no higher than 75 °C. Deviation from the hot water temperature at the water collection point that meets the requirements for technical regulation is not allowed in accordance with the Decision of the Armed Forces of the Russian Federation dated May 31, 2013 No. AKPI13-394.

For every 3⁰C deviation from the permissible deviations in hot water temperature, the fee is reduced by 0.1 percent of the fee determined for the billing period for each hour of deviation from the permissible deviations.

For each hour of supply of hot water, the temperature of which at the point of collection is below 40⁰С, in total during the billing period, payment for consumed water is made at the tariff for cold water

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.

If the pressure differs from the established one by more than 25 percent, the amount of the fee is reduced by the cost of the service accrued in total for each day of provision of low-quality utilities (regardless of meter readings)

2. How to correctly record a violation of the quality of public services?

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.

Having discovered that the contractor does not comply with the specified quality standards for hot water supply services, you must record this, and such recording occurs according to a strictly defined procedure, deviation from which may result in a refusal to recalculate the fee.

If the provider has discovered the provision of a low-quality service, he is obliged to inform the consumer within 24 hours about the reasons and expected duration of the violation of the quality of the CG.

If the fact of provision of a poor-quality service is discovered by the consumer, he notifies the emergency dispatch service of the contractor or another service specified by the contractor.

The consumer can make an application orally (for example, by telephone) or in writing; the application is subject to mandatory registration by the dispatch center. The consumer reports his last name, first name, patronymic, address of the premises in which the provision of poor-quality utility services was discovered, and the control room employee is obliged to provide information about the person who received such a message (i.e., full name), registration number of the message and the time of its registration.

If the reasons for providing a low-quality service are known to the contractor, he informs them to the consumer immediately, and a corresponding note is made in the message log. If the reason for the quality violation is unknown to the employee of the contractor’s control room, the quality of the service is checked. The inspection is scheduled no later than 2 hours from the moment the consumer reports a violation of the quality of the heating system, unless a different time is agreed upon with the tenant.

The most important part of the procedure is drawing up quality violation reports.

Situation 1: The contractor agrees with the consumer that there is a violation of the hot water supply. Organizes a service quality check, and the parties jointly draw up an act. Upon completion of the inspection, an inspection report is drawn up, which must indicate:

• Date and time of the inspection,
• identified violations of service quality parameters, for example, temperature violations (indicate the temperature).
• methods (tools) used during the inspection to identify such violations,
• conclusions about the date and time of the beginning of the quality control violation

The inspection report is drawn up according to the number of persons participating in the inspection, signed by such persons, 1 copy each goes to the consumer, the contractor and other interested parties participating in the inspection.

Situation 2: As often happens, the representative of the contractor avoids signing the inspection report; in this case, the act is signed by other participants in the inspection and at least 2 disinterested persons.
Advice: make a note on the act that the executor avoided signing the act.
Situation 3: During the inspection, the parties argue about whether there is a violation of the quality of the utility service.
IN in this case there are two ways: either call a representative of the State Housing Inspectorate to conduct a re-inspection or conduct an examination of the quality of the utility service;
1) Repeated inspection of the quality of utilities with the participation of representatives of the State Housing Inspectorate invited by the contractor, representatives of the public association of consumers. The inspection takes place in this order if none of the persons interested in the inspection initiated an examination of the quality of the utility service. The inspection report must indicate the date and time of the re-inspection. Thus, failure to fulfill your complaint and violation of your rights as a consumer is grounds for GZHI inspectors to conduct an unscheduled inspection.
2) An interested party may initiate an examination of the quality of a utility service.
How is quality assessment carried out? Any interested participant in the inspection has the right to initiate an examination of the quality of a utility service. The selection of a sample of a communal resource must be carried out or organized by the contractor.
What in this case must be reflected in the act? Who initiated the examination? interested participants of the inspection about the results of the examination.
The contractor is obliged to receive the conclusion containing the results of the examination and attach it to the inspection report and, no later than 3 days from the date of receipt of the expert opinion, transfer its copies to all participants in the inspection.

If an examination of the quality of CG is possible at the place where it is provided, the consumer, contractor, and other interested participants in the inspection determine the date and time of a re-inspection with the participation of an invited expert.
In this case, the act must reflect: the date and time of the re-inspection, who is the initiator of the examination, which participant in the examination will invite the expert and from which organization. The costs of conducting the examination are borne by the contractor, however, if the examination established that there was no violation of the quality of the control system, the consumer will reimburse the costs of its conduct.

Situation 4: The Contractor does not respond to requests, does not conduct an inspection, or it is impossible to notify him of the fact of a violation of the quality of the control system due to improper organization of the 24-hour emergency service.
The consumer has the right to draw up a certificate of quality control of the CG in the absence of the contractor. In this case, the act is signed by the chairman of the MKD council (chairman of the HOA, housing cooperative) and at least two consumers.
Tip 1: in writing, i.e. by registered mail with acknowledgment of delivery or by telegram, notify the contractor about conducting a quality control check on the CG on a certain day, indicating that there is a violation of the quality of the CG.
Tip 2: In case of improper operation of the control room, draw up an appropriate report. It must be signed by the chairman of the MKD Council (chairman of the HOA, housing cooperative) and at least two consumers. After drawing up this paper, all acts of inspections in the absence of the performer will be considered legitimate.

Thus, in order to receive a recalculation of payments for low-quality housing and communal services, it is necessary to record violations of the quality of utility services in accordance with a clear procedure.

3. Within what time frame is the contractor (for example, a management organization) obliged to respond to your application and eliminate shortcomings in the quality of public services?

1. (General rule) Complaint about the quality of utility services
pp. “k” clause 31 of Resolution No. 354 Within 3 working days from the date of receipt of the complaint, the executor is obliged to send a response to satisfy the complaint or to refuse satisfaction, indicating the reasons for the refusal.
2. Application to find out the reasons for the violation of the quality of the utility service (for example, by calling the control room)
Clause 104 of Resolution No. 354 The Contractor must immediately inform the consumer about the reason for the violation of the quality of the CG, if he knows the reason, which is noted in the application log.
within 1 day, the contractor notifies the consumer of the reasons for the provision of low-quality utility services, if the reasons were previously unknown).
3. Application for inspection of the quality of a utility service (clause 108 of Resolution No. 354) within 2 hours, the contractor must agree on the time of inspection of the quality of a utility service with the consumer from the moment of receiving a message about the violation from the consumer (orally or in writing).

4. How long before you can request a recalculation of low-quality housing and communal services.
So, you have recorded violations and in order to contact the contractor for a recalculation of the fee, it is necessary to clearly define the period of such recalculation; for this it is necessary to determine the moment of the beginning of the violation of the quality of the service and the moment of resumption of the provision of high-quality service.
From what moment is it considered that a utility service is provided with a deviation from the standards?
1. When the contractor discovered a deviation from the quality of the utilities that he provides and independently noted in the logbook the facts of violations of the quality of public services;
2. When the consumer has discovered and reported to the emergency dispatch service about a violation of the quality of the CU, if during the inspection the fact is confirmed, including based on the results of the examination.
3. From the moment of the beginning of violations of the quality of CG, which were recorded by a collective (community), common (apartment), individual metering device or other measuring device, which is intended for these purposes and is used in accordance with the requirements of the legislation of the Russian Federation on the uniformity of measurements, if the specified devices capable of storing recorded information.
4. From the moment of confirmation during the inspection or during the examination, a violation of the quality of the utility service, if the contractor does not conduct an inspection or cannot be notified due to improper organization of the work of the control room. Advice: in this case, the procedure for drawing up the act must be given special attention (see paragraph 2 Situation 4).
At what point does the period of poor quality provision of public services end?
1. The contractor recorded in the registration log the date and time of the resumption of the provision of utility services to consumers specified by the contractor;
2. When the consumer called the dispatch service and reported that the provision of high-quality utility services had been resumed;
3. After drawing up a report on the results of the inspection based on the results of eliminating the causes of violation of the quality of public services (the date and time are indicated in the report).
4. From the date and time of resumption of the provision of utility services of adequate quality, which are recorded by a collective (community), common (apartment), individual metering device or other acceptable means of measurement, if these devices are capable of storing recorded information.
Thus, in order to receive a recalculation of low-quality utility services that are provided poorly, it is necessary to perform a number of actions, namely:
identify and properly record that the service is provided in deviation from the requirements of the law,
determine the period for which you will request recalculation,
calculate the amount of such recalculation,
make a demand to the contractor, i.e. person who provides utility services.

What additional evidence can confirm that the services provided were of poor quality?
To confirm the period for recalculating fees for low-quality housing and communal services, it is possible and necessary to provide the contractor with additional evidence that the services are provided in violation of the law. In particular, such evidence can serve not only as a log of applications to the control room and inspection reports, but also previously issued instructions from the Civil Housing Inspectorate, records of parameters of utility resources, and the like.
Having collected all the evidence, it is necessary to submit a request to eliminate violations in the quality of utility services, with a request to recalculate utility payments, since in cases of this category it is necessary to carry out a pre-trial settlement procedure (claim procedure).
The Consumer Rights Protection Law provides a number of advantages to the plaintiff: the choice of the court in which the claim will be heard, for example, you can file a claim at your place of residence (alternative jurisdiction), and not in general procedure(at the location of the defendant). Consumers are exempt from state duty for claims up to 1 million rubles, and if they apply for protection of rights to a consumer rights protection society (CPS), the consumer is exempt from state duty regardless of the amount of the claim, and in addition does not bear the cost of a power of attorney. OZPP has the right to represent consumers in court on the basis of a simple written application.

Editorial staff of the portal about real estate and all aspects comfortable life in them, the site reminds that all materials from the pen of A. Kolesnikova, one of our regular authors, can be read at.

If, in accordance with these Rules, the amount of payment for a utility service for a billing period is not finalized and is subject to further adjustment, then the amount of reduction in the payment for a utility service for such a billing period cannot exceed the finally accrued amount of payment for the corresponding utility service for such a billing period.

99. During interruptions in the provision of public services exceeding the established duration, as well as during interruptions in the provision of public services for repair and maintenance work within the established duration of breaks, the amount of payment for such public services, calculated in the absence of a collective (common house), individual or common (apartment) metering device for the corresponding type of utility resource is reduced by the amount of payment for the volume of utility services not provided.

100. Volume (quantity) of utility services not provided during the billing period for general house needs in apartment building in the absence of a collective (common house) metering device for the corresponding type of utility resource, it is calculated based on the duration of non-provision of the utility service and the standard consumption of the utility service for general house needs.

The volume (quantity) of utility services not provided during the billing period to a consumer in a residential or non-residential premises in the absence of an individual or general (apartment) meter for the corresponding type of utility resource is calculated:

based on the duration of non-provision of utility services and the consumption standard for utility services - for residential premises;

based on the duration of non-provision of utility services and the estimated consumption of utility services, determined in accordance with paragraph 43 of these Rules - for non-residential premises.

The volume (quantity) of unprovided communal heating services is calculated only in cases where an apartment building is not equipped with a collective (common building) heat energy meter or when an apartment building is equipped with a collective (common building) heat energy meter and not all residential or non-residential premises apartment buildings are equipped with individual or shared (apartment) heat energy meters.

101. When providing a utility service of inadequate quality in a billing period, the amount of payment for such a utility service, determined for the billing period in accordance with Appendix No. 2 to these Rules, is subject to reduction by the amount of payment calculated in total for each period (day) of provision of such a utility service of inadequate quality, in the cases provided for in Appendix No. 1 to these Rules, and for the cases provided for in paragraph 148(53) of these Rules, the amount of payment for a utility service of inadequate quality is subject to reduction in the manner provided for in Appendix No. 3 to these Rules.

(see text in the previous edition)

The amount of payment calculated in total for each period of provision of a utility service of inadequate quality is determined as the product of the amount of payment for a utility service determined for the billing period in accordance with Appendix No. 2 to these Rules, and the ratio of the duration of provision of a utility service of inadequate quality in the specified billing period to the total duration of provision of utility services in such billing period.

102. When applying two-rate tariffs, utility fees are reduced:

a) when carrying out repair and maintenance work that entails interruptions in the provision of utility services and the duration of such interruptions does not exceed the periods established in Appendix No. 1 to these Rules - only in relation to the variable component of the payment for utility services, which is determined in accordance with the law Russian Federation O government regulation tariffs based on the volume of consumption of the corresponding type of utility resource;

b) when providing a utility service of inadequate quality and (or) with interruptions exceeding the duration established by Appendix No. 1 to these Rules, including in connection with repair and maintenance work, - in relation to all components of the payment for utility services.

103. If the contractor is a resource supplying organization that, in accordance with an agreement containing provisions on the provision of utility services, does not provide maintenance of in-house engineering systems, then such organization changes the amount of payment for utility services in the event that there is a violation of the quality of utility services and (or ) interruptions in the provision of public services occurred up to the boundary between the elements of in-house engineering systems and centralized networks of engineering and technical support.

In this case, if a violation of the quality of public services and (or) interruptions in the provision of public services exceeding their established duration occurred in intra-house engineering systems, then no change in the amount of payment for a utility service is made, and consumers have the right to demand compensation for losses caused to them, including those caused by payment for a non-provided utility service or a utility service of inadequate quality from persons attracted by the owners of premises in an apartment building or the owners of residential buildings (households ) for maintenance of in-house engineering systems.

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Please note that clause 5 of Appendix 1 to the Rules for the Provision of Utilities also indicates the permissible deviation of the temperature of hot water at the point of water collection from the temperature that meets the requirements of the legislation of the Russian Federation on technical regulation:

– at night (from 0.00 to 5.00) – no more than 5 °C;

– in the daytime (from 5.00 to 00.00) – no more than 3 °C.

However, these provisions do not in any way reduce the temperature, which is an indicator of the quality of hot water. Deviation from the established requirements (temperature below 60 and above 75 °C) means the provision of a service of inadequate quality (see Decision of the RF Armed Forces dated May 31, 2013 No. AKPI13-394).

If the utility service provider has an obligation to ensure that the hot water temperature at water collection points (in apartment taps) is not lower than 60 °C, it is logical to assume that at the entrance to the house the water temperature should be slightly higher (due to objective losses of thermal energy in intra-house networks). However, we emphasize once again that the regulations do not contain specific requirements for the temperature of hot water entering the house. Therefore, in legal proceedings we're talking about on the requirements for RSO to ensure that the temperature of hot water entering the house is not lower than 60 °C.

When does the manager of an apartment building have the right to recalculate the cost of hot water?

In accordance with paragraph 2 of Art. 542 of the Civil Code of the Russian Federation, in the event of a violation by the energy supply organization of the requirements for energy quality, the subscriber has the right to refuse to pay for such energy. In this case, the energy supplying organization may demand compensation from the subscriber for the cost of what the subscriber unjustifiably saved due to the use of this energy.

By virtue of paragraphs. “d” clause 22 of the Rules for concluding resource supply contracts, when establishing in the contract the procedure for determining the cost of the supplied utility resource, it is taken into account that in the event of RSO supplying a utility resource of inadequate quality and (or) with interruptions exceeding the stipulated duration, the amount of payment for the utility resource changes in the order , defined by the Rules provision of public services.

Legislation gives absolute priority to the accounting of supplied utility resources using meters, installed, as a rule, at the border of the balance sheet of the RSO networks and the subscriber (provider of public services). Therefore, if there is a working operating control unit, put into operation properly, recording water temperature indicators, reports on the parameters of the utility resource, according to the operating control unit, are sufficient evidence of the supply of hot water of inadequate quality. If RSO does not refute the information specified in these documents, such reports are quite sufficient to establish the fact of supply of a resource of inadequate quality and carry out recalculation (resolution of the AS UO dated January 11, 2017 No. F09-10932/16 in case No. A60-59444/2015, AS SKO dated March 29, 2016 No. F08-484/2016 in case No. A32-23685/2014).

This conclusion is consistent with paragraphs. “c” clause 111 of the Rules for the provision of public utility services, by virtue of which the date and time from which it is considered that the public service is provided with a violation of quality is the date and time of the beginning of the violation of the quality of the public service, which was recorded by the OPU, IPU or other means measurements intended for these purposes and used in accordance with the requirements of the legislation of the Russian Federation on the uniformity of measurements, if the specified metering devices and measuring instruments are capable of storing recorded information. In this case, the utility service provider does not need to comply with the procedure for establishing the fact of providing low-quality services in accordance with Section. X Rules for the provision of public services (resolution of AS PO dated January 16, 2017 No. F06-15316/2016 in case No. A12-4577/2016, AS ZSO dated September 19, 2016 No. F04-3939/2016 in case No. A03-12727/2015, AS Central Election Commission dated February 29, 2016 No. F10-5264/2015 in case No. A09-1717/2015).

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. In particular, compliance with the procedure set out in Section. X Rules for the provision of public services:

– the fact of the consumer’s contact with the emergency dispatch service is recorded (clauses 105, 106, paragraph “b”, clause 111);

– the date and time of the inspection are agreed upon with the consumer, the RSO is notified of the upcoming inspection of the quality of the utility service, if the reasons for providing the consumer with a service of inadequate quality are unknown to the contractor (clause 108);

– an inspection is carried out, the results of which are documented in an act (clause 109). As part of the inspection, the fact of provision of a service of inadequate quality is established (the act of measuring the temperature at the point of analysis in the residential premises), as well as the reason (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 the 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 can be included in a resource supply agreement based on agreement of the parties and then must be observed.

Recalculation method

From the provisions of paragraphs. “d” clause 22 of the Rules for concluding resource supply contracts directly follows that the reduction in the cost of a utility resource of inadequate quality is calculated in the manner established by the Rules provision of public services. The arbitrators come to the same conclusion based on the conclusions made in the Decision of the Supreme Court of the Russian Federation No. AKPI13-394: in the absence of any other act regulating relations related to changes in the amount of payment for the provision of public services for hot water supply, the manager of the apartment building has the right to demand from the RSO reduction of payment in case of delivery to homes of a resource that does not meet the requirements of SanPiN, in the same manner as established for the recalculation of fees for services for end consumers (resolution of AS PO dated January 16, 2017 No. F06-15316/2016 in case No. A12-4577/ 2016, AS CO dated February 29, 2016 No. F10-5264/2015 in case No. A09-1717/2015).

Recalculation algorithm

According to clause 101 of the Rules for the provision of utility services, when a utility service is provided in a billing period of inadequate quality, the amount of payment for such a service, determined for the billing period in accordance with Appendix 2, is subject to reduction by the amount of the fee calculated in total for each period (day) of provision of such utility service. services of inadequate quality, in the cases provided for in Appendix 1 to these rules.

The amount of payment calculated in total for each period of provision of a utility service of inadequate quality is determined as the product of the amount of payment for a utility service determined for the billing period in accordance with Appendix 2, and the ratio of the duration of provision of a utility service of inadequate quality in the specified billing period to the total duration of provision of utility service. services in such billing period.

Let us introduce some notation.

The amount of payment for utility services determined for the billing period in accordance with Appendix 2 to the Rules for the provision of utility services is – Pi, and the amount of payment calculated in total for each period (day) of provision of such a utility service of inadequate quality (that is, in fact, the amount of reduction) – Δ . Duration of provision of utility services of inadequate quality in the billing period – t. The total duration of the provision of utility services in the billing period, taking into account the rule on the continuous and uninterrupted provision of hot water supply services, is equal to the duration of the billing period.

The above procedure for calculating fees (paragraph 2 of clause 101 of the Rules for the provision of utility services) can be presented as follows (let’s assume that there are 31 days in a month):

Δ = Pix t/31days

In accordance with clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities, for every 3 °C deviation from the permissible deviations in hot water temperature, the amount of payment for utility services for the billing period in which the specified deviation occurred is reduced by 0.1% of the amount of the payment determined for such a billing period in accordance with Appendix 2 to the Rules for the Provision of Public Utilities, for each hour of deviation from permissible deviations in total during the billing period, taking into account the provisions of Section. IX Rules for the provision of public services. For each hour of supply of hot water, the temperature of which at the point of collection is below 40 °C, in total during the billing period, payment for consumed water is made at the tariff for cold water.

The following indicators are used in this calculation:

– the amount of payment for utility services for the billing period in which there was a deviation from the permissible deviations in hot water temperature (Pi1);

– percentage reduction in the size of the fee (%), takes the values ​​“0.1” with a deviation of 3 °C, “0.2” with a deviation of 6 °C, etc.;

– period of deviation from permissible temperature deviations in total during the calculation period, taking into account the provisions of Section. IX rules (t1), determined in hours.

Thus, the amount of the fee reduction can be calculated using the following formula:

Δ = Pi1X %x t1

As you can see, this formula differs from that given in paragraph 101 of the Rules for the provision of utility services. However, the norm of paragraph 5 of Appendix 1 has priority as a special one. This conclusion is confirmed by law enforcement practice.

The above formulations are far from perfect, as evidenced by various options interpretations, as well as numerous court proceedings on this issue. There are ambiguities regarding the first two factors.

Fee amount to which reduction percentage applies

The first indicator of the formula is the value, the share of which forms the amount of the reduction in the size of the fee (Pi1). Clause 5 of Appendix 1 to the Rules for the Provision of Utility Services states that this is a fee for the billing period in which the hot water temperature was reduced. What billing period is meant here?

In accordance with clause 37 of the Rules for the provision of utility services, the billing period for payment of utility services is set equal to a calendar month. The Letter of the Ministry of Regional Development of the Russian Federation dated June 4, 2007 No. 10611-YUT/07 provides an example of a calculation, from which it is clear that the payment is meant specifically for a calendar month. By the way, the wording of the current Rules for the provision of utility services is actually no different from the wording of the no longer valid rules in the part under consideration (clause 5 of Appendix 1). 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.

Meanwhile, clause 101 of the Rules for the Provision of Public Utility Services states that the amount of payment for the billing period (month) should be reduced by the amount of payment calculated in total for each period (day) of provision of such a utility service of inadequate quality. That is, it is necessary to calculate the amount of payment for each day of provision of poor-quality services.

In addition, the Decision of the Supreme Court of the Russian Federation No. AKPI13-394 specifically noted: clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities establishes the conditions and procedure for changing the amount of payment for the provision of public services for hot water supply of inadequate quality, which does not allow for a complete refusal to pay the cost of hot water water supplied in violation of its temperature regime. If we assume that the amount of payment per month should be taken as the indicator Pi1, even with short and insignificant deviations in the temperature of hot water from the standard, the amount of reduction will reach this same amount of payment and the consumer will be exempt from paying for hot water of inadequate quality in a given month. It is this circumstance that many arbitrators put at the forefront when they accept the calculation of RSO based on the amount of payment per day and reject the calculation of the manager of the MKD based on the amount of payment per month.

For example, in the Resolution of the Supreme Military District of October 14, 2016 No. F01-3504/2016 in case No. A39-6742/2014 it is noted: the method proposed by the Criminal Code for reducing the amount of payment for a low-quality resource, according to which the percentage of reduction in the amount of payment for hot water supply is determined in total for the month and multiplied by the amount of payment for hot water supply for such a month, is actually aimed at exempting the management company from paying the cost of the consumed low-quality resource, which is unacceptable. Thus, when hot water is supplied at a temperature with a deviation of 18 °C below the standard for every hour for nine days, the monthly payment for hot water, if we accept the Criminal Code method, will be equal to zero. From the literal interpretation of clause 101 of the Rules for the provision of utility services, it follows that the billing period for the provision of utility services of inadequate quality is one day. This opinion is shared by many arbitrators (see decisions of the AS ZSO dated October 25, 2016 No. F04-4511/2016 in case No. A45-26014/2015, AS FER dated April 4, 2017 No. F03-6488/2016 in case No. A24-495/2016 , 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, there are also cases when arbitrators listen to the explanations of the Ministry of Construction and recognize the calculation based on the amount of payment per month as correct (see, for example, Resolution of the AS ZSO dated June 15, 2016 No. F04-2184/2016 in case No. A03-21553/2014) .

Thus, managers of apartment buildings can be recommended to contact the Ministry of Construction for clarification of the procedure for calculating the reduction in the amount of payment for hot water of inadequate quality and, having secured the document, to support their position in court. At the same time, one must be prepared for the fact that the court will reject this approach, citing the fact that the clarifications are not normative acts.

By the way, if the indicator of the amount of payment per day is selected, if there is an operating budget, it is advisable to calculate it according to the actual volume of water consumption per day, recorded by the meter. In the absence of operational resources, the calculation should be carried out arithmetically: the total volume of the resource supplied to the house and accepted for calculation must be divided by the number of days in the month.

Fee reduction percentage

In accordance with clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities, for every 3 °C deviation from the permissible deviations in hot water temperature, the fee is reduced by 0.1%. At the same time, the permissible deviation of the temperature of hot water at the point of water intake is already indicated by no more than 5 °C at night and by no more than 3 °C during the day. Based on the literal interpretation of the above norm, the fee for hot water is not reduced if the water temperature was not below 55 °C at night and 57 °C during the day. Accordingly, when the daytime temperature drops by another 3 °C (that is, to 54 °C), the fee is reduced by 0.1% per hour, when it drops to 51 °C - by 0.2%, etc. This item supported by the arbitrators (resolution of the Arbitration Court No. F09-1379/17 dated March 31, 2017 in case No. A60-14516/2016, resolution of the Arbitration Court No. F03-976/2016 of May 24, 2016 in case No. A24-1520/2015).

However, the Decision of the Supreme Court of the Russian Federation No. AKPI13-394 states 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 actually means a change in the sanitary and epidemiological standard for the quality of hot water, which is anti-epidemic measure. Such legal regulation contradicts the above-mentioned norms of legislation and entails the recognition of the contested norm as invalid in the given interpretation. Deviation from the established requirements means the provision of a service of inadequate quality. In terms of the conditions and procedure for changing the amount of the fee, the norm in question continues to apply.

Therefore, the percentage reduction in the fee must be applied for any deviation from the standard, that is, if the hot water temperature drops during the day to 57 °C, the percentage reduction will be 0.1%, if it drops to 54 °C - 0.2%, etc. This option seems more logical and fair. It is known that the courts support him too.

This means that, again, it is advisable for the manager of the apartment building to justify his demands by citing a more advantageous calculation, being ready to defend before the court the position that it is inadmissible to reduce the temperature of hot water in comparison with the standard indicator.

The second issue with calculating the reduction percentage is whether it can be defined as a number that is not a multiple of 0.1. The fact is that when the temperature of hot water decreases not by 3 °C, but less, some experts recommend determining the percentage of decrease taking into account tenths, proportional to the ratio of the temperature deviation to the “step” of 3 °C. For example, if the hot water temperature during the day was 55°C, the percentage reduction could be calculated as 0.167% (5/3 x 0.1%). Is it correct? From the wording of clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities, it is hardly possible to draw such a conclusion. For every 3 °C deviation, the fee is reduced by 0.1%. From a literal interpretation of the norm, we can draw a conclusion about the relationship between the water temperature and the percentage reduction.

By the way, this approach is demonstrated in the Letter of the Ministry of Regional Development of the Russian Federation No. 10611-YUT/07. And in the Resolution of the AS UO dated October 28, 2016 No. F09-9955/16 in case No. A71-5017/2015 it is noted that the calculation of the Criminal Code is incorrect, since it includes tenths of a degree.

About the communal resource for the maintenance of common property

Since 2017, the concept of a communal resource consumed for the maintenance of common property was introduced. Within the framework of the Rules for concluding resource supply contracts, the requirements for the quality of a communal resource consumed in the maintenance of common property do not differ from the requirements for the quality of a communal resource purchased for the purpose of providing utility services to consumers. Therefore, the manager of the apartment building has the right to demand recalculation in relation to the entire volume of the resource supplied to the house, which is the subject of the agreement with RSO. This statement is true even if direct contractual relations have developed between the RSO and consumers regarding the provision of utility services, and the manager of the apartment building only acquires from the RSO the resource consumed in the maintenance of the common property.

Please note that the Rules for the provision of utility services provide for the recalculation of fees for low-quality utility services, which are understood as services provided on the premises (when managing a house of a management company, HOA). At the same time, the current legislation (including the Rules for the maintenance of common property) does not detail the procedure for calculating payments for utility resources for the purpose of maintaining common property as part of the payment for the maintenance of residential premises, and even more so does not provide for the procedure for recalculating this payment in the event that the hot water used in within the framework of activities for the maintenance of common property, there was insufficient temperature. Therefore, it seems that at present there is no basis for recalculating the payment for hot water for consumers in order to maintain common property, if at the entrance to the house the operating authority recorded an unacceptable low temperature water and (or) the fact of provision of public services for hot water supply (in residential premises) of inadequate quality has been established.

About the supply of hot water at a two-component tariff

In a situation where a two-component tariff for hot water is established for the RSO, the MKD is equipped with a control unit that takes into account the volume of coolant and the amount of thermal energy; the calculation with the RSO according to the readings of the OPU, without taking into account the standard for thermal energy consumption for water heating, seems to comply with the law. You can read more about this in the material by S. N. Kozyreva “The volume of excess consumption at one-way service station with a two-component tariff for hot water supply.” At the same time, the MKD manager must pay consumers of utility services based on the specified standard, since this is directly prescribed by formula 23 from Appendix 2 to the Rules for the Provision of Utility Services.

For information: there are cases when the manager of an apartment building managed to defend the use of the standard for water heating in settlements with RSO (Resolution of the Tenth Arbitration Court of Appeal dated April 17, 2017 No. 10AP-805/2017 in case No. A41-18008/2016) and, on the contrary, the use the actual volume of thermal energy according to the indications of the control center in settlements with consumers (Resolution of the Tenth Arbitration Court of Appeal dated 02/20/2017 No. 10AP-119/2017 in case No. A41-58445/2016, left unchanged by the Resolution of the Autonomous District of Moscow dated 05/11/2017 No. F05-4667 /2017).

Since the OPU records the actual volume of thermal energy consumption for water heating, it is this that must be paid to the RSO. It is illogical to use any mechanisms to reduce the cost of a resource due to a deviation in hot water temperature. Let us remember, in accordance with paragraph 2 of Art. 542 of the Civil Code of the Russian Federation, in the event of a violation by the energy supply organization of the requirements for energy quality, the subscriber has the right to refuse to pay for such energy. In this case, the energy supplying organization has the right to demand compensation from the subscriber for the cost of what the subscriber unjustifiably saved due to the use of this energy. The principle of payment for actually consumed energy is enshrined here.

On the contrary, since, in accordance with formula 23, the payment for hot water for consumers is calculated based on the standard rate of thermal energy consumption for heating water (which is established taking into account the provision of the proper temperature of hot water), consumers can qualify for a reduction in the payment for hot water if its temperature deviated from the standard, in accordance with clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities. Similarly, if the apartment building is not equipped with a control unit that records the amount of thermal energy for heating water, and in calculations with the RSO the thermal energy consumption standard is used, the apartment manager has the right to reduce the cost of hot water.

According to the interpretation of the rules current legislation, given by the RF Armed Forces, there are no permissible deviations from standard temperature hot water at the tap point. Any deviation indicates inadequate quality of the utility service. The same is true for the quality indicators of the utility resource at the point of delivery. Recalculation for management companies is carried out in the same way as for consumers, in accordance with the Rules for the provision of utility services. Law enforcement practice reveals several controversial issues regarding the application of this methodology. Key point: The percentage reduction should be applied to the fee per day, not per month. Let us add that with a two-component tariff, if there is a control unit that takes into account the volume of thermal energy in hot water, there is no reason to recalculate the fee for low-quality hot water for the building manager.