Legislation

1. The Housing Code of December 29, 2004 No. 188-FZ, in Articles 155, 157, speaks of a mandatory change in housing fees if service organizations allow interruptions in the supply of light, gas, water, and heat for a long time.
2. Government Decree No. 354 of 05/06/2011 describes the procedure for the provision of public services; Section 9 contains information that allows you to confirm the poor performance of public utilities.
3. Government Decree No. 491 of August 13, 2006, in Section 4, names the rights of homeowners and establishes the rules for changing fees in the event of poor-quality services.
4. Law on the Protection of Consumer Rights No. 2300-1 of 02/07/1992, in Article 22, establishes the deadline for responding to citizens’ requests.

What is recalculation in housing and communal services receipts for water, utilities and resolution 354

In the general understanding, recalculation in the housing and communal services sector means an adjustment of previously paid payments for utility services, as a result of which accrued amounts may be reduced or increased. In the latter case, the owner of the premises will have to pay the missing difference.

A complete list of grounds for reviewing fees for housing and communal services is described in Decree of the Government of the Russian Federation dated May 6, 2011 No. 354.

In accordance with paragraphs. g clause 69 of section VI of the mentioned normative act, this information must be reflected as a separate line in the receipt for payment of utilities (in addition to rent). In the future, this document must be sent to the consumer no later than the 1st day of the month following the period subject to payment.

What are the grounds for recalculating fees?

They are required to recalculate fees for utilities in the absence of services, poor quality of services, or interruptions in the supply of light, heat, gas, water, or electricity.

Poor quality services

Services that differ from those provided for by law are considered to be of poor quality. The consumer will have to prove their non-compliance. To do this, you can call specialists from the utility organization. They must take measurements and draw up a report. The document is created in two copies, one of which is kept by the owner of the property.

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In this case, you should clearly know the balance sheet distinction between the consumer and the supplier organization. Acts of service provision are drawn up at the demarcation point. For example: such a point is the entrance to the building. If the temperature at the common building heat metering station corresponds to the standard, but the apartment is cold, claims against the management company. This means that the pipes have not been flushed for a long time, or there are other reasons.

If utility companies do not respond to the application, you will have to fill out the form yourself. In this situation, you will need instruments that allow you to make measurements, and several neighbors. The paper must contain information about the time and place of measurements. The procedure for carrying them out must be described. For example: the hot water tap is turned on all the way. A thermometer is placed under the stream to record the temperature. Indicators are entered into documents. For accuracy, measurements should be taken several times a day. All participating people must sign the document.

The hot water temperature should be +60°C. A slight deviation from the norm is acceptable: 3 degrees during the day, 5 at night. Indicators below +40°C are considered cold water and are paid according to cold water supply tariffs. The maximum value should not exceed +75°C. The parameters are given in SanPiN 2.1.4.2496-09 dated 04/07/2009.

The network voltage should be 220 volts, but deviations of 10% are allowed. Reduced indicators indicate poor quality electricity. You can measure them using a household voltmeter; this is done in the electrical panel. The readings may be reduced by faulty appliances located in the apartment.

For the provision of low-quality services, penalties and fines are provided.

Important: requests for recalculation must be supported by documents.

Network repair

Utility companies are required to warn about upcoming repairs, shutdowns of water, electricity, gas, and heat several days in advance. No payments will be made during the work.

For emergencies, troubleshooting times have been established. For example: there may be no light in apartments for 24 hours in a row, but no more than 3 days per year. If the electricity goes out regularly, you need to write a claim to the management company demanding a recalculation.

Residents of apartments without meters can apply for this. They pay for services at average rates.

Recalculation of water disposal is impossible without changing the payment for consumed water.

Temporary absence

If a person plans to not live at home for some time (going on vacation, a long business trip), and does not have individual metering devices in the apartment, you can contact the management company with a request not to charge payments during your absence.

Services paid for using intra-apartment meters are not subject to recalculation. You will also have to pay for the maintenance of common property and heating.

Reducing the number of residents

In the event of a divorce, in the event of the death of a tenant, rent is not calculated. To exercise the right, you need to inform the management company that the number of people living has decreased and attach a supporting document: an extract from the migration service or a death certificate.

Receiving benefits and subsidies

If a person retires, becomes disabled, or receives assistance from the state, he can count on reduced payments. This should be reported to the management organization. When paying for services according to the general rules, such people may require recalculation.

The provision of benefits is carried out by the Department of Social Protection of the Population. The registration takes place at their place, and then this institution sends the lists to the organizations that provide utility services, where recalculation is carried out.

Incorrectly transmitted meter readings

If the homeowner made a mistake by reporting inflated meter readings installed in the apartment, he may ask for a review of the accrued fee. Mandatory recalculation will be carried out if the information is incorrect. Must be double-checked by a controller.

The management company may not take into account meter readings if seals are broken, the instrument verification period has expired, or unauthorized connections to networks are detected. From the moment it is discovered that residents have violated the rules for using public utilities, the latter will be assessed according to established standards.

In what cases is such a statement written?

An entire section (VIII) of the Government of the Russian Federation of May 6, 2011 No. 354 is devoted to the procedure for recalculating payments for utility services.

Thus, within the framework of this regulatory document the following is described in detail:

• When citizens have the right to claim a reduction in the amount accrued for housing and communal services.
• The conditions that must be met for this and how a letter containing a request to receive such a preference is drawn up.

Did not reside temporarily

In accordance with clause 1 of Section VIII of the above-mentioned Decree of the Government of the Russian Federation, citizens have the right to apply for a recalculation in the event of a temporary absence from the territory of the relevant living space. In this case, it is necessary to comply with the following conditions:

• the period of absence from the residential premises is more than 5 calendar days;
• the apartment should not be equipped with a device for metering the consumption of the corresponding utility resource due to the impossibility of installing it from a technical point of view (this circumstance must be confirmed in accordance with the procedure established in 2020).

If the consumer does not have documentary evidence of the impossibility of installing meters, or this equipment is in faulty condition, then he will not be provided with a recalculation of utility bills.

The only exception is the case when all residents were absent from a particular premises for reasons of force majeure (if there is documentary evidence of this fact). This is stated in paragraph. 2 clause 86 of section VIII of the Decree of the Government of the Russian Federation No. 354.

Death of the registered

Expert opinion

One important point should be noted right away. Sometimes the relatives of the deceased (if he lived alone in the apartment) are of the opinion that in the situation, since he is no longer in a specific living space, then there is no need to make utility payments for him.

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However, this is a very erroneous point of view, which contradicts paragraph 11 of Article 155 of the Housing Code of the Russian Federation, which states that non-residence in residential premises is not grounds for non-payment of utilities and rent. The only thing you can count on in the event of the death of someone registered is recalculation of housing and communal services.

At the same time, before proceeding with the registration of the claimed right, the relatives of the deceased must receive a full package of documents confirming the fact of death (certificate and death certificate), discharge the deceased and only after that submit an application for recalculation.

Other options

Also in practice, there are also other situations in which owners of apartments and private households have the right to count on a reduction in utility bills. You can learn more about these options in our other article.

How to prove

Management companies carry out recalculations based on written applications from citizens. Payments are automatically recalculated upward. The applicant needs to justify the right to a price reduction:

1. You can prove poor-quality services with the help of employees of the management company or neighbors. They are confirmed by acts, measurements, and expert opinions are allowed. Violations can also be recorded using photos and video equipment. In the latter case, it is necessary to set the exact time and date. The quality of the images should allow you to see small details - readings of a voltmeter, thermometer.
2. Repair work is confirmed by notices posted near the entrances by utility workers. Written evidence from residents of the house is acceptable.
3. Departure is proven by travel documents, train and plane tickets, and vouchers. The listed documents are issued to a specific person. Must be provided prior to departure.
4. The death of the tenant is confirmed by a certificate or court decision. If a person simply moved to live in another place, then it is enough to take a certificate of deregistration. Most often they are given by management organizations.
5. Certificates from the Pension Fund and social security authorities will be the basis for recalculation in the event of disability or retirement. Provided to the Social Security Administration.

Deadlines

The timing depends on the requirements. For example, utility services must respond to an apartment owner’s request about the quality of services provided within 5 days .

When to file a claim

The legislator does not provide for temporary restrictions on citizens' demands for recalculation of payments. The exception is cases of temporary absence of residents. The latter must have time to inform about their right 30 days from the date of return from vacation or business trip. If a person warns in advance about departure, the fee will be recalculated for a period of no more than 6 months. This period may be extended.

In other situations, you can ask for a review of fees for the past 3 years. The countdown will begin from the date of the complaint.

When should you answer?

Management companies are required to inform the applicant about the decision made 3 days from the date of registration of the application. They have 5 days to report on the quantity and quality of services provided. The Consumer Protection Law gives 10 days to comply with the victim’s demands to eliminate violations.

Payments are recalculated 5 days in advance if a person informs about departure in advance.

When will they deduct

A new calculation must be made immediately. Most often, you can see the result in receipts for the month following the application. At the request of the apartment owner, new receipts are issued 10 days after the application.

Recalculating fees in the future, for example next year, violates the law.

Important: recalculation is made 10 days in advance, and in case of departure, you can ask for recalculation six months in advance.

Statement of claim for overpayment for utilities, sample

Particular attention should be paid to drafting the statement of claim, since the outcome of the trial largely depends on its correctness. It is best to entrust this task to an experienced lawyer who can take into account all the nuances of a particular situation.

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In general, the procedure for preparing a statement of claim is described in detail in Article 131 of the Code of Civil Procedure of the Russian Federation. Thus, according to paragraph 2, the following information must be reflected in the claim:

• the name of the judicial authority to which the application is sent;
• the name of the plaintiff with residential address, the name of the defendant organization, do not forget to indicate its location;
• description of the type and nature of the violation committed by the Criminal Code;
• proof;
• the amount of amounts to be reimbursed by the management company in favor of the plaintiff (for example, compensation for moral damage, refund of money for paid state duty, etc.).

If the claims are satisfied, the management company will have to repay the debt established by the court. Please keep in mind that the overpayment itself resulting from failure to provide the recalculation service is taken into account against future payments.

Thus, according to the law, the contractor has the obligation to reduce the cost of utilities in the event of temporary absence of residents (more than 5 days), as well as subject to the condition related to the impossibility of taking readings on the consumption of resources in the housing and communal services sector. If these provisions are not observed, citizens have every right to complain to higher authorities, including going to court.

Sample on how to write an application to the Criminal Code

There are no application forms provided. Appeals are drawn up according to a template that includes the required elements:

1. Name. You must correctly write the name and address of the management company. It is better to contact the director of the organization.
2. Last name, first name and patronymic of the applicant, address and telephone number. Information is needed to send a response.
3. The text of the application or claim must contain information about the grounds for receiving a recalculation:

• report a period of absence of light, gas, water, heat;
• clarify the time of the business trip;
• indicate the date of move, death of the tenant;
• notify about benefits and subsidies received.

1. You should indicate a request to recalculate the payment for the past time. If the appeal is made in the form of a claim or complaint, be sure to inform about your intention to go to court in case of refusal.
2. At the end the date and signature of the applicant are affixed.
3. It is better to list the attached documents: copies of certificates, receipts, conclusions, acts.

Recalculation is done by management companies and unified settlement centers. The latter are created by municipal authorities. The procedure for applying can be clarified with management companies.

Important: if supporting documents are available, utility companies are required to recalculate payments, but no more than for the previous three years.