The Moscow administration published the hot water shutdown schedule for 2020

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 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 that hot water is supplied is 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?

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, water pressure, chemical composition, transparency, and hot water supply temperature are assessed. 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 Rules No. 354 contains the following provisions: the energy supply organization is obliged to provide the consumer with 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, 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 according to the general rules for drawing up this business document.

The supply of cold water, hot water, thermal energy, electrical energy and gas to non-residential premises in an apartment building, as well as the disposal of waste water, is 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. The work of public utilities is far from free of complaints from residents. And when receiving low-quality services, you need to understand that utility services must pay for these inconveniences.

Useful information for the consumer

The consumer needs to know:

  1. Utilities have the right to turn off hot water for no more than 8 hours a month, and for 4 hours a day.
  2. The duration of planned preventative shutdowns by law does not exceed 14 days.
  3. Management companies or homeowners' associations, on behalf of water and heat supply organizations, are required to notify residents 10 days in advance about upcoming repairs.
  4. Hot water temperature standards should be within 60-75° C depending on the time of day (at night the temperature can be lowered, since there is no active use).

If utility services do not comply with the mandatory conditions for the provision of hot water supply, you can safely defend your violated consumer rights.

Where to go for recalculation?

In case of refusal to recalculate, the citizen is left to decide what to do next: he has the right to apply at his own choice to Rospotrebnadzor (for the 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 out of the tap, if there are interruptions in supply, the consumer has the right to count on recalculation of amounts for hot water supply of inadequate 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.

How does the DHW system work?

In order to understand why hot water is turned off in the summer, you should consider the basic features of the water supply system in Russian cities.

Since in winter the temperature drops below zero in almost all regions of the country, it is necessary to provide comfortable living conditions for people in cities where the use of stove heating in every home is difficult. For this purpose, a central heating system is used, when a large amount of water is heated in one place, from where it is supplied through pipes to several residential premises at once.

The organization of central heating in all cities of the country ended back in the days of the USSR; over the past time, no significant changes have been made to the built system. Heating methods have changed somewhat, productivity has increased significantly, but the pipes themselves have not improved at all.

In the last century, all operating conditions were not taken into account, so today many technical solutions are outdated and cannot ensure stable operation.

The same pipes are used to supply cold and hot water, but the destruction of the latter occurs much faster. This is influenced by high temperatures, accelerated corrosion processes and other factors.

If we take into account the age of creation of the entire system, it becomes clear that a significant part of the objects (especially pipes) are in unsatisfactory condition, which is why various utility accidents occur.

To ensure that city residents are not left without heating and hot water in winter, the hot water supply system is turned off every year in the summer.

Centralized hot water supply is typical mainly for cities of the former USSR. Most countries in the world use only cold water supplies, which often have backup pipes. In this regard, the need for regular maintenance with house shutdowns is less pronounced. In addition, climatic conditions and the geographical extent of the entire country have a significant influence.

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. You can learn how management companies make money by supplying hot water at insufficiently high temperatures 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.

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N 580 “On amendments and invalidation of certain acts of the Government of the Russian Federation” (Collected Legislation of the Russian Federation, 2010, N 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 2020. 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. The amount of refund or non-charge for hot water supply in case of non-compliance with the standard temperature is a means 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.

Compliance with the rules

The cost of hot water is reflected in monthly utility bills. It is calculated as follows:

  • if the apartment has a meter installed, then the cost is equal to the unit price multiplied by the number of cubic meters used according to the meter;
  • if there is no meter, then it is calculated depending on the number of people living in the apartment, the established consumption standards per person and the tariff at src=»https://kaminguru.com/wp-content/uploads/2018/01/voda.jpg» class= "aligncenter" width="740″ height="489″[/img] Having the right water temperature protects against the appearance of pathogenic bacteria

According to SanPiN, the temperature of the water supplied to apartments must be no lower than 60ºС and no higher than 70ºС.
These standards were not introduced by chance. In a warm environment, pathogenic bacteria multiply quickly, especially Legionella, which causes a serious disease - Legionella pneumonia. In 2007, there was an outbreak of this disease, which affected more than 160 people, and 5 of them died. This is useful: heating standards SNiP.
The Legionella bacterium has the following characteristics:

  • dies at temperatures above 55ºС;
  • actively reproduces in an environment with temperatures from 20 to 45ºС;
  • at temperatures below 20ºС it freezes.

This video will tell you about the possible causes of low water temperature:

The hotter the water, the fewer infections it contains. But there is another danger: it is easy to get burned from being too hot, so high-temperature water can only be supplied together with cold water. in the rules for providing CG :

  • from midnight to 5 o'clock in the morning the temperature is allowed below normal by 5ºC;
  • the rest of the time it can deviate from the norm by no more than 3ºС in one direction or another.


    There are temperature deviation standards; increasing them requires a recalculation of payment

The rules for recalculating payment for services are also indicated there. They are as follows:

  • for every 3ºС below the specified deviations, the fee is reduced by 0.1% per hour;
  • if the water temperature is 40ºС or lower, then it is paid as cold.

Management companies do not have the right to deviate from these norms, since the service is paid monthly by residents. The control of public services is carried out by the State Housing Inspectorate and other organizations. Their duty is to consider citizens’ complaints and conduct inspections of management companies against which complaints have been filed.

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

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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

Rules for the provision of utility services (PP No. 354) dated May 6, 2011.

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."

Temperature measurement

Not everyone knows where to complain if the hot water is not up to standard. To achieve board recalculation, you need to measure the temperature in the pipes. Utilities won't do this, so residents will have to measure it themselves. The data they collect will become the basis for contacting the appropriate authorities.


To achieve temperature recalculation, it is necessary to measure it correctly

You need to measure the temperature like this:

  • open the tap and drain hot water for 3-5 minutes;
  • Fill a glass jar to the brim;
  • Place a thermometer in it and see the result after a few minutes.

If it turns out that the hot water in the apartment has a low temperature, then you need to seek to increase it and recalculate the payment. If the temperature is below 60ºС or above 75ºС, then a claim is submitted to the dispatcher of the management company or housing and communal services. He is obliged to register it indicating the address, date, time, as well as the name of the accepting employee. If the temperature has dropped due to an accident, the dispatcher must inform the time frame for its elimination.

If the water supply is working properly, then a housing and communal services employee is sent to the residents who filed the claim to conduct an inspection. In this case, an act is drawn up for both parties. If residents are not satisfied with the result of the inspection, they can order an examination, the results of which are also recorded in the report. But if the expert finds out that the temperature corresponds to the norm, then they will have to pay for the examination.

If representatives of utility services refuse to carry out an inspection, then the residents of the house can draw up a report on their own. A document obtained as a result of an examination or drawn up independently will become the basis for recalculation of payment. A fine is imposed on the person who commits the violation.

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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:

  1. 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.
  2. 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.

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 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:

  1. Only recalculation for hot and cold water is provided. Water disposal for general house needs is not affected.
  2. 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 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:

  1. 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.
  2. 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 specified in paragraph 101 of the Rules.

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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:

  1. A multiplier is determined - 0.1% for every three degrees of deviation. Total, 0.3%.
  2. The tariff is divided by the number of calendar days in the period. 330 / 30 = 11 rubles for every 24 hours.
  3. 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:

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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.

Hot water outages in Moscow. Schedule by address

26.04.2020

Water / Water outages

Hot water outages in Moscow by address. Interactive service. 2020

Hot water outages in Moscow in 2020 will begin on July 1. The duration of outages should not exceed 10 days. When there is no hot water in your home, you can find out using a special online service published by the Moscow authorities.

To clarify the timing of turning off hot water in your home, you need to open the item “When is hot water turned off?” in the form below. and start typing your address. By selecting the correct option from the hint lists, you will receive information about your home.

You can also find out more information about the timing of hot water shutdowns on the website of the Moscow United Energy Company (MOEK).

The service looks like this:

To find out information about your home, you need to start typing the address you are interested in in the information entry box, and then select it from the drop-down list of “tips”.

If you do not find your address in the widget, please contact your management company for information about when hot water will be turned off in your home. Most likely, hot water is supplied to your home not by MOEK, but by another company.

Hot water shutdown schedule by address. Administrative districts of Moscow

  • Central Administrative District (CAO) of Moscow
  • Northern Administrative District (NAO) of Moscow
  • North-Eastern Administrative District (NEAD) of Moscow
  • Eastern Administrative District (VAO) of Moscow
  • South-Eastern Administrative District (SEAD) of Moscow
  • Southern Administrative District (SAD) of Moscow
  • South-Western Administrative District (SWAD) of Moscow
  • Western Administrative District (JSC) of Moscow
  • North-Western Administrative District (NWAD) of Moscow
  • Zelenograd Administrative District (ZelAO) of Moscow
  • Troitsky Administrative District (TAO) of Moscow
  • Novomoskovsk administrative district (NAO) of Moscow

Hot water outages in Moscow by address. A little about the history and reasons

They started publishing interactive graphs of hot water outages at addresses in Moscow about five years ago. Before this, MOEK, at best, posted Excel files on the Internet with lists of houses and streets. Well, until the mid-2000s, it was possible to find out about hot water outages only from advertisements in the entrance. And in this sense, of course, the capital’s utility workers have come a long way over the past ten years.

Why does the problem of hot water outages arise? The fact is that the heat and hot water supply system in Moscow was formed during the Soviet period and is characterized by extreme centralization. From large thermal power plants, the coolant (in simple terms, steam) is supplied directly to houses. And only in very rare cases do houses have their own boiler rooms (heating boilers are installed).

As a result, in order to carry out the necessary preventive and repair work, it is necessary to turn off the supply of coolant (and hot water is heated from it) for several blocks at once. Otherwise, the central heating pipes cannot be repaired. As a result, residents suffer. They have to sit for weeks without hot water.

Hot water outages - timing and start dates of outages in 2020

Hot water outages in Moscow in 2020 begin on July 1. During outages, preventive maintenance and major repairs are carried out at district heating stations and central heating points. Repairs are carried out using modern energy-saving technologies. Diagnostics of networks, hydraulic tests, and also, if necessary, relocation of pipelines are carried out.

A few years ago, Muscovites lived without hot water for almost a month, then three weeks (21 days), then 2 weeks (14 days), and today the maximum period for turning off hot water is 10 days.

Why are there hot water shutdowns in Moscow in the summer?

Hot water shutdowns are associated with so-called “hydraulic testing” tests. They are carried out following the results of a repair campaign on heating networks. For what?

This is how the utility companies themselves formulate the goals of hydraulic tests:

checking the strength and density of pipelines and their elements, including all welded joints, as well as identifying weak points caused by corrosion and fatigue of pipeline metal;

  • checking the quality of repairs performed on heating networks;
  • identifying defects and eliminating the causes of heat and coolant losses;
  • ensuring trouble-free operation of heating network equipment and reliable heat supply to consumers during the heating season.

What does the legislation say about the rights of citizens in connection with mass outages of hot water in the summer?

The current legislation of the Russian Federation forms the requirements for the organization of hot water supply in apartment buildings as follows.

Permissible duration of hot water supply interruption:

  • 8 hours (total) for 1 month;
  • 4 hours at a time;
  • in case of an accident on a dead-end highway - 24 hours;
  • when carrying out preventive maintenance (once a year);
  • shutdown of hot water supply systems should not exceed 10 days.

How do I pay for hot water during a power outage?

In the summer, when hot water is turned off for scheduled repairs, a recalculation must be made for consumers - no payment is made for hot water at this time.

In case of an unscheduled shutdown, which is associated with a malfunction of engineering equipment - both main and intra-house, a recalculation is also made. If the owner of the home (premises) did not receive hot water in the required volume or there were interruptions in its supply, he can count on the recovery of moral damages and payment of penalties provided for by the Law on the Protection of Consumer Rights. It is 3% of the monthly tariff for each day of failure to fulfill obligations by the management company or supplier organization.

A deviation from standard values ​​of 3 degrees during the day and 5 degrees at night (from 0 o'clock to 5 am) is allowed. If the temperature of “hot” water is below 40 degrees, you can pay for it as for cold water.

Turning off hot water in summer. How to escape?

As evidenced by opinion poll data, 45% of Russians heat water on the stove during hot water outages. Women (52%) and respondents with low incomes (51%) do this especially often. At the same time, some of them are thinking about buying a water heater, while others consider this invention dangerous.

Those who use the stove have different attitudes towards turning off the water. Some people are very annoyed by this: “I’m going crazy from this”; “This shutdown just infuriates me!”; “Three weeks of hot water outage is an excessively long period of time for carrying out repair and maintenance work on heating networks”; "Horror. And I’m trying to live somewhere else.” Others treat this period calmly: “Adapting is not a problem”; “Not the worst loss. A modern person can easily do without hot water for some time.”

Every fifth respondent (20%) acquired a water heater. More often, this solution to the problem is preferred by Russians aged 40-49 years (27%) and respondents with high incomes (23%). “Three weeks without hot water is a disaster!” - they explain their decision. True, many of those who decided to buy a water heater say that for them the shutdown of hot water lasts more than three weeks: from a couple of months to decades.

9% of respondents do not experience inconvenience due to the hot water being turned off, since they are hardened enough to take a cold shower. Men (14%) and those with high incomes (11%) more often boast of such hardening. According to them, a cold shower is invigorating and good for the skin.

6% of Russians go to friends and relatives to wash themselves during difficult periods. “Very convenient: I ate, washed, talked,” they comment.

Another 3% of respondents believe that turning off the hot water is a good reason to go to the bathhouse. “There is nothing more beautiful than on a hot summer day to forget about the bustle of the metropolis and find yourself in a sauna among beautiful and interesting people, and at the same time wash yourself. Moreover, the sauna is good for the skin,” said the respondents.

3% of respondents offered other answers. Here are the most interesting of them: “I go to the pool”; “I don’t wash,” “I wash at work,” “I swear.”

Some Russians are lucky and have no problems with hot water. 9% have a gas water heater.

Well, 5% of respondents do not turn off hot water in the summer. Lucky ones))

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. 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:

  1. Name of the management company and responsible person.
  2. FULL NAME. and the applicant's contact information.
  3. Please recalculate.
  4. Indication of justifications with references to laws.
  5. Information about the accrual of fees, the amount of which is disputed.
  6. 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.

Recalculating water charges

To receive a recalculation for hot and cold water, each resident of the apartment must separately contact the management company or the service provider company. This must be done no later than 30 days after your return.

When the water supply is turned off, each recipient of the receipt must apply, having previously documented the fact of the lack of water. The certificate is issued by the management company. You can draw up an arbitrary act of lack of water with the signatures of two neighbors.

The time to submit an application is 30 days.

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Required documents

If no one lived in the apartment:

  1. Confirmation from the employer about sending on a business trip.
  2. Certificate of inpatient treatment.
  3. Confirmation of hotel payment.
  4. Availability of temporary registration in another apartment.
  5. Certificate from the dormitory of the educational institution.
  6. A document from the HOA confirming residence on the dacha plot.

If water supply services turn out to be of poor quality:

  1. An act with the date of inspection and the address of the premises.
  2. Expert opinion (you need to contact Rospotrebnadzor).

Submitting an application

It is written in free form; you must indicate:

  1. Details of the organization to which the application was sent (can be found on the receipt).
  2. Personal information.
  3. Address of the apartment where the violations occurred.
  4. Statement of the request for recalculation.
  5. Indication of the period and type of unsatisfactory service.
  6. Reasons with documentary evidence.

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.

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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.

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."

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 at them and without being interested in what they are actually paying money for. But in recent years, people have increasingly become 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, a list of necessary documents is approved, clear wording is spelled out as to what is included in poorly provided utility services, 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.

This is important to know: Payment for sewerage in an apartment building by receipt

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 according to the average consumption rate. 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 inspection officials of the authorized organization (performer) are unable to establish the date of the unauthorized connection, then additional fees will be charged starting from the date of the previous inspection 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 are talking about 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 temporarily residing consumers in the absence of individual or apartment meters (see paragraphs 32, 56, 57 of the RF PP), in this case payment must be made by the 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.

Grounds for recalculation

Recalculation may not be possible in every situation. All details are specified in the Decree of the Government of the Russian Federation dated May 06, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.”

There are 3 significant and legitimate reasons when receipts are required to be reviewed:

  • When the apartment is empty for a long time (from 5 days) . If several people are registered in a residential area, then each resident must apply for recalculation with a separate application. The receipt will be recalculated, taking into account all days of absence of residents.
  • The water supply was suspended for some reason . At the same time, there are standards for the permissible period for disconnection - 8 hours per month. In case of serious accidents - no more than 24. You can safely demand a recalculation in connection with a water outage if it has not been there for longer. The only exception is the planned suspension of resource supply (regulated by SanPin 2.1.4.2496-09).
  • Poor water quality . You cannot use it, and you do not need to pay for such a service. The qualitative component is such parameters as chemical composition, pressure, temperature (for hot water), transparency. These characteristics will be measured by specialists and a conclusion will be issued. You can immediately contact Rospotrebnadzor with it.
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If there are meters

You just need to submit evidence for the period of lack of water. Then the next receipts will come taking into account the overpayment for the service not delivered.

Important: devices must be sealed. This means that when installing a meter, you need to notify the water utility. Otherwise, recalculation will be refused.

In the absence of installed meters

At this point, installing a meter is a responsibility. Therefore, if there are no meters, you will have to pay bills all year round. Even if the water is often turned off. In some houses, the water supply pipes are laid in such a way that it is impossible to install a separate meter for the apartment. To make a recalculation, you must provide a certificate stating that it is not technically possible to install meters.

Such confirmations are issued by the management company (MC).

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 general terms in the Housing Code of the Russian Federation. 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, which indicates where the citizen submitted it, possible reasons for filing, how much they paid before recalculation, when the testimony was last taken 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.

Legislation

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