State Duma deputy Vasily Vlasov sent to the Minister of Construction and Housing and Communal Services Vladimir Yakushev to allow Russians not to pay for low-quality utilities. According to the parliamentarian, he regularly receives requests from citizens with complaints about high housing and communal services tariffs. Russians also note the discrepancy between the quality of services and sanitary and epidemiological standards.
The deputy proposed to give consumers the right not to pay for the relevant utilities during the entire billing period if water, electricity, gas or heat is supplied intermittently, as well as for the very fact that the composition and properties of water do not comply with legal requirements.
According to Vlasov, today in Russia there is a procedure for recalculating payments for utility services in case they do not comply with the standards, but such a procedure for the population is complex and not sufficiently clear.
How to prove that the services were provided with poor quality?
The service consumer can initiate recalculation of water or gas meters, but for this, appropriate evidence must be provided. In response to a complaint, the quality of services will be assessed by experts who will take the necessary measurements.
Question answer
In which regions can we expect the largest increase in housing and communal services tariffs in 2020? For example, when assessing the quality of cold water, they will check the pressure, chemical composition and appearance of the water, as well as hardness indicators. Cold water must be of proper quality, in accordance with the requirements of SanPiN 2.1.4.2496-09. If the cold water supply has deviations in supply pressure, the fee is reduced depending on the degree of deviation. A deviation from the established indicators of up to 25% entails a reduction in payment by 0.1% for the entire period of cold water supply with a pressure deviation, and a deviation of the cold water supply pressure by more than 25% entails the consumer being exempt from paying for this utility service.
As for the temperature of hot water, it should be no lower than 60 °C and no higher than 75 °C. This temperature threshold is necessary to ensure the death of bacteria. The minimum hot water temperature must be ensured regardless of the state of communications and heating equipment.
Heating is assessed taking into account the pressure in the system, as well as the temperature in the room. According to the standards, the air temperature in the apartment should be no lower than +18 °C, and in corner rooms - no less than +20 °C. In order to accurately determine the heat level, it is necessary to measure it in the middle of the room. In this case, all windows and doors must be closed. You can complain about the cold in the apartment if the temperature for five days after starting the heating is below the set values.
When determining the quality of the power supply, you should pay attention to the current and voltage.
Is it possible not to pay for the complete absence of services?
The legislation establishes standards for the time during which services can be disconnected. If in practice these deadlines are not met, the consumer has the right to apply for recalculation.
The permissible duration of a break in the supply of cold water is 8 hours (in total) for 1 month, 4 hours at a time (in case of an accident in centralized cold water supply networks).
Question answer
Is it true that we will now pay for garbage according to the number of bins? According to the rules for the provision of utility services, hot water supply must be organized in houses uninterruptedly and year-round. In this case, interruptions in the supply of hot water are allowed: no more than four hours at a time, in case of an accident on a dead-end main - up to 24 hours in a row. Within one month, interruptions in the supply of hot water should total no more than eight hours.
The maximum absence of electricity cannot exceed 2 hours if there are two redundant power sources or 24 hours with one source.
The permissible duration of a break in water disposal is 8 hours (in total) for 1 month, 4 hours at a time (including in case of an accident).
An interruption in gas supply is allowed for no more than 4 hours (in total) within one month.
The duration of the heating break is no more than 24 hours (in total) for one month; no more than 16 hours at a time - at an air temperature in residential premises from 12 °C to standard; no more than 8 hours at a time - at an air temperature in residential premises from 10 °C to 12 °C; no more than 4 hours at a time - at an air temperature in residential premises from 8 °C to 10 °C.
Chapter 13. Responsibility for failure to provide or poor quality provision of utility servicesAs the Federal Service for Supervision of Consumer Rights Protection and Human Welfare explained in its letter dated March 11, 2005 No. 0100/1745-05-32, civil legal relations of citizens with organizations (public associations, housing construction, dacha-building cooperatives, partnerships, etc.), if these relations arise in connection with the membership of citizens in these organizations. However, the legislation on the protection of consumer rights regulates relations regarding the provision of paid services by these organizations to citizens (including members of these organizations). So, for example, if the charter of a housing cooperative provides for the obligation of a cooperative to ensure the provision of paid utility services to citizens, then relations arising in connection with the provision of these services are subject to legislation on the protection of consumer rights.
As a general rule , relations regulated by the Law “On Protection of Consumer Rights”
, may arise from paid civil contracts for the purchase of goods, performance of work, provision of services, in particular (in relation to the housing and communal services sector):
– from contracts for the rental of residential premises (including social tenancy) in terms of performing work, providing services to ensure the proper operation of the residential building in which the corresponding residential premises are located, providing or ensuring the provision of necessary utilities to the tenant, carrying out routine repairs of the common property of an apartment building and devices for providing public services;
- from contract agreements (household, construction, maintenance of privatized, as well as other residential premises owned by citizens);
– from an energy supply agreement, which is a type of purchase and sale agreement, when the energy supply organization acts as the seller of the relevant type of energy (electricity, water, gas, heat).
Currently, all citizens living in both privatized and non-privatized apartments in multi-apartment residential buildings are consumers of housing and communal services. Their executor, i.e. a party to legal relations regulated by the relevant provisions of the Civil Code of the Russian Federation, the Housing Code of the Russian Federation, the Law of the Russian Federation “On the Protection of Consumer Rights” and other regulatory documents, in the context of the definition given in clause 3 of the Rules for the provision of utility services to citizens, a legal entity, regardless of its organizational and legal form, as well as an individual entrepreneur, providing utility services, producing or purchasing utility resources and being responsible for maintaining in-house engineering systems, with the use of which utility services are provided to the consumer. The executor may be a management organization, a homeowners' association, a housing construction, residential or other specialized consumer cooperative, and in the case of direct management of an apartment building by the owners of the premises - another organization that produces or acquires utility resources.
In addition, when determining the subject of the corresponding responsibility to the consumer, it is necessary to keep in mind that in certain municipalities a practice has developed in which the actual executor of housing and communal services is a local government body that exercises the functions of a management organization in relation to the relevant municipal housing stock directly through its structural divisions. This practice is unlawful, since it indicates that the government body is combining the functions of an economic entity, which contradicts the relevant provisions of Part 3 of Art. 15 Federal Law of the Russian Federation “On the Protection of Competition” dated July 26, 2006 No. 135-FZ, and in some cases, on a formal basis, may complicate the implementation of consumer rights protection based on the legal norms of the Law on the Protection of Consumer Rights, since this legislative act does not define government bodies at all authorities and local self-government as subjects of legal relations regulated by it.
When assessing the contractual relations actually established in the housing and communal services sector, special attention should be paid to considering the circumstances of disconnecting citizens - consumers from sources of electricity, heat, water, etc. Such actions in practice are usually carried out either as an appropriate “measure of influence” on unscrupulous payers of housing and communal services or are a consequence of non-payment to resource-supplying organizations for the utility services provided by them by performing organizations that ensure the provision of these services to citizens-consumers and are an obligated party in relation to them.
In accordance with paragraph 3 of Art. 541 of the Civil Code of the Russian Federation, a citizen who uses energy for domestic consumption has the right to use it in the quantity he needs, and the rights and freedoms of man and citizen can be limited only by federal law and only to the extent (according to paragraph 3 of Article 55 of the Constitution of the Russian Federation), in what is necessary for the purposes directly defined by this article of the Basic Law of the Russian Federation.
Based on the relevant provisions of paragraph. “a”, “b” clause 49 of the Rules for the provision of utility services to citizens, providing consumers of housing and communal services with adequate heat supply, electricity supply, cold and hot water supply is mandatory for the contractor.
At the same time, according to clause 5 of Art. 4 of the Law on Protection of Consumer Rights and para. “b” clause 49 of the Rules for the provision of utility services to citizens, each consumer has the right to ensure that services related to energy, heat and water supply of the residential premises he occupies meet in quality the mandatory requirements of regulations and standards, sanitary rules and norms and conditions agreement.
In accordance with paragraph 1 of Art. 547 of the Civil Code of the Russian Federation, in the event of non-fulfillment or improper fulfillment of obligations under an energy supply contract, the party that violated the obligation is obliged to compensate for the real damage caused by this (clause 1 of Article 15 of the Civil Code of the Russian Federation).
In the context of the relevant provisions of paragraph 3 of Art. 541, paragraph 2, 3 art. 546 of the Civil Code of the Russian Federation and clause 79 of the Rules for the provision of utility services to citizens, the only basis for a break (termination, restriction) in the supply of specified energy resources to citizens may be the need to carry out planned or urgent work in the energy supply system, as well as natural disasters and emergency situations beyond the control of the contractor and resource supplying enterprises (in particular, a break in the supply, termination or limitation of the supply of energy without the consent of the subscriber and without appropriate warning is allowed if it is necessary to take urgent measures to prevent or eliminate the accident, subject to the immediate notification of the subscriber about this).
At the same time, any provider of housing and communal services is obliged, in accordance with clause 49 of the Rules for the provision of utility services to citizens, to take timely measures to prevent and eliminate violations of the quality of these services, improve their consumer properties and prevent violations of technological processes during their provision.
The general grounds for compensation for harm caused to consumers as a result of defects in goods, work or services, as well as the persons responsible for such harm, the terms of compensation and the grounds for releasing the seller (manufacturer, performer) from relevant liability are determined by Art. 1095–1098 Civil Code of the Russian Federation and Art. 13, 14 of the Law on Protection of Consumer Rights.
In accordance with these standards, damage caused to the life, health or property of a consumer due to design, production or other defects of a product, work or service is subject to compensation by the seller or manufacturer of the product or service provider, regardless of their fault and whether the victim was in a contract with them relationship or not.
The only reason
In this regard, releasing the seller (manufacturer, performer) from the corresponding civil liability for violation of the quality of provision of utility services, in accordance with clause 79 of the Rules for the provision of utility services to citizens, can be the fact of force majeure proven by him.
The legal basis for compensation for moral damage to consumers is the relevant provisions of Art. 151, 1099–1101 Civil Code of the Russian Federation and Art. 15 of the Law on Protection of Consumer Rights.
Since all claims related to appropriate compensation for harm are of a property nature, if they are not satisfied voluntarily, the dispute can only be resolved by a court (Article 11 of the Civil Code of the Russian Federation, paragraph 1 of Article 17 of the Law on the Protection of Consumer Rights). At the same time, the participation of territorial executive authorities in the judicial protection of consumer rights is regulated by Art. 46, 47 Code of Civil Procedure of the Russian Federation and Art. 40 of the Law on Protection of Consumer Rights.
Now in more detail.
Citizens have the right to recalculation if they are provided with utility services of inadequate quality or with interruptions exceeding the established duration. The Rules for the Provision of Public Utilities to Citizens have Appendix No. 1, which clearly states under what conditions fees for utility services are subject to reduction.
During interruptions in the provision of utility services exceeding the established duration, as well as when preventive maintenance is carried out once a year, the payment for utility services in the absence of collective (common house), common (apartment) or individual metering devices is reduced by the amount of the cost of unprovided utilities.
The volume (quantity) of a non-provided utility resource is calculated based on the utility service consumption standard, the number of consumers (for water supply, sewerage, electricity and gas supply) or the total area of residential premises (for heating), as well as the time of non-provision of the utility service.
If the contractor, after concluding the contract, does not promptly begin to provide utility services, the consumer has the right to demand from the contractor compensation for losses incurred and payment of a penalty in accordance with civil law, legislation on the protection of consumer rights and the contract.
What are the consumer's actions in the event of failure to provide utility services or provision of inadequate quality?
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It is necessary to immediately notify the contractor’s emergency dispatch service or other service specified by the contractor. This notice may be given in writing or orally.
This message must be registered by the emergency dispatch service. In this case, the consumer is obliged to provide his last name, first name and patronymic, exact address of residence, as well as the type of utility service not provided or the utility service provided is of inadequate quality. The emergency dispatch service employee is obliged to provide the consumer with information about the person who accepted the application (last name, first name and patronymic), the registration number of the application and the time of its receipt.
If the emergency dispatch service employee knows the reasons for this request, he is obliged to immediately inform the consumer about this and make an appropriate note in the application log. This mark is the basis for the contractor to acknowledge the fact of failure to provide utility services or the provision of utility services of inadequate quality.
Otherwise, the emergency dispatch service employee is obliged to agree with the consumer on the exact time and date of establishing the fact of non-provision of utilities or checking the quality of provision of utilities. Based on the results of the inspection, an act on the non-provision of utility services or the provision of inadequate quality is drawn up, which is signed by the consumer (or his representative) and the contractor (or his representative).
The act of non-provision of utility services or provision of utility services of inadequate quality indicates violations of quality parameters, the time and date of the beginning of the non-provision of utility services or the provision of utility services of inadequate quality.
The start date of non-provision of utility services or provision of utility services of inadequate quality is considered to be:
a) the time the consumer submitted an application for the fact to the emergency dispatch service;
b) the time specified in the act, if the contractor identifies the fact of provision of utility services of inadequate quality;
c) the time of the start of the provision of utility services of inadequate quality, recorded by collective (community), common (apartment) or individual metering devices - in the case of recording the provision of utility services of inadequate quality by metering devices.
This act is the basis for recalculating the amount of payment for utility services, as well as for the contractor to pay a penalty for violation of its obligations in the amount established by federal laws and the agreement.
If the contractor or third parties cause damage to the life, health and (or) property of the consumer or persons living together with him, the common property of the owners of premises in an apartment building, the contractor (or his representative) and the consumer (or his representative) draw up and sign an act, in which records the fact of causing such damage. The specified act must be drawn up by the contractor and signed by his authorized representative no later than 12 hours from the moment the consumer contacts the emergency dispatch service. If it is impossible for the consumer (or his representative) to sign the act, it must be signed by two eyewitnesses.
The above acts are drawn up in 2 copies and have equal legal force.
The period of provision of utility services of inadequate quality is considered over:
a) from the date of signing by the consumer (or his representative) of the act on eliminating deficiencies in the provision of utility services;
b) from the moment of resumption of the provision of utility services of adequate quality, recorded by the appropriate metering device.
The legislation provides for administrative liability of the contractor for violations of the quality and procedure for the provision of public services.
So, in Art. 7.23 of the Code of Administrative Offenses of the Russian Federation provides for the imposition of an administrative fine in the amount of 5,000 rubles. for violation of the regulatory level or regime for providing the population with public services.
Table of contents
In what cases can you receive a recalculation for housing and communal services?
According to government decree No. 354, recalculation is possible in the event of the absence of residents in the apartment/house for five or more days, poor-quality services provided, or a complete lack of services. Recalculation of utility bills can be done for this period.
In case of temporary absence, those who have meters for electricity, hot and cold water have nothing to worry about, since payments will need to be made according to the meter readings. For those who pay according to the standards, a recalculation can be made if the apartment does not have the technical ability to install a meter and a corresponding act has been drawn up about this.
To receive a recalculation due to temporary absence, you need to contact the management company with an application and attach to it not only documents confirming the duration of the vacation, but also an inspection report to determine the technical feasibility of installing metering devices. Without providing an act, recalculation can only be received by those consumers who were absent from the apartment “as a result of force majeure,” for example, in the event of a flood or fire.
Multi-apartment tricks. How to bring a management company to clean water? More details
Record in the inspection report the reasons for the violation of the quality of services
Establishing the fact of provision of services of inadequate quality and searching for its causes is carried out at the point of demarcation of the balance sheet ownership of networks, at the border of the common property of an apartment building and centralized networks. With such a check, it is possible to establish who is responsible for the violation of the quality of the control system.
The procedure for establishing facts of provision of utility services of inadequate quality is set out in section X of RF PP No. 354. The main thing in the process of confirming the quality of services is to conduct an inspection of possible violations, after which an act is drawn up, where, according to clause 109 of RF PP No. 354, the following is recorded:
- date and time of inspection;
- established violations or lack thereof;
- testing methods and tools used;
- conclusions about the period of provision of services of inadequate quality.
Any interested participant in the inspection has the right to initiate an examination of the quality of a utility service (clause 110 of the RF PP No. 354). The reason for the violation of the quality of the control system can also be recorded by the ODPU.
For example, if the UA has hourly printouts of these metering devices, which indicate the temperature of the hot water supply in different periods, there is no need to draw up a report on the provision of services of inadequate quality (resolution of the AS UA dated January 11, 2017 in case No. A60-59444/2015, resolution of the AU SKO dated March 29, 2016 in case No. A32-23685/2014).
Below we will look at several court cases in which the management company was able to prove that the RSO was to blame for providing services of inadequate quality. This allowed management organizations not to pay for the supplied resource.
How can a management authority build relations with the Russian Socialist Republic after the adoption of RF PP No. 1090
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What documents can you use to confirm your absence?
The list of documents that must be attached to the application depends on the basis for the recalculation. In case of prolonged absence of the management company, you can provide the following documents:
— a copy of the travel certificate or decision, order, instruction or certificate of business trip; - a certificate from a sanatorium, hospital, etc.; — plane tickets, train tickets, etc., issued in your name (if your full name is indicated on them), or their certified copies; - invoices for accommodation in a hotel, hostel, etc. or their certified copies; — document on temporary registration at the place of stay or its certified copy; - a certificate from a private security organization indicating the period during which no one was in your home and it was continuously under guard; - a certificate stating that you were in an educational institution, orphanage, boarding school, special educational or other children's institution with 24-hour stay; — a certificate from the consulate or diplomatic mission of the Russian Federation confirming your stay abroad; — a certified copy of a foreign passport or other identification document containing marks of exit from and entry into the country; - a certificate from a dacha, gardening, orchard partnership about your temporary stay at the dacha; - other documents that confirm the fact and duration of absence.
Question answer
How can residents of energy-efficient houses save on utility bills? In case of provision of low-quality services, the main document will be the expert opinion. And in case of complete lack of service - the registration data number of the complaint filed.
What to do if regulations are violated?
The first step is to identify who is responsible for the quality of services provided. The contract specifies either the management company or the resource supplying organization itself.
Contact the performer
The contractor is notified of the quality violation. The message must be registered by an official, after which an inspection is scheduled. The inspection time is discussed with the tenant.
Drawing up an inspection report for the work provided
The invited specialist arrives at the appointed time, takes all the necessary measurements and draws up a report, which is submitted to the responsible organization. In the act:
- The time and date of the check are indicated.
- All identified violations and methods (tools, devices) for their detection are described.
- The initial time of violations is indicated.
Below you can see a visual form and a sample report on checking the quality of provided utility services and on poor quality of their provision.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
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The act is drawn up in the number of persons interested in the problem. If controversial issues arise, an independent examination is appointed.
Recalculation
If violations are established, the consumer has the right to demand a recalculation of payment for services, in accordance with Resolution No. 354 (Chapter 9, paragraphs 98-103). Based on the expert’s opinion, the consumer contacts his management company. This can be done by registered mail or in person by writing a statement. One copy is given to the contractor, the second remains in the hands of the tenant.
The complaint is registered in a journal, checked by an authorized person, after which a recalculation is made. In emergency situations, the emergency dispatch service is called, which is obliged, after eliminating the leak or breakdown, to document all the work performed. The drawn up act is also submitted to the responsible organization.
