In accordance with government decree of July 21, 2008, No. 549, paragraph 45, gas suppliers have the legal right to unilaterally disconnect this resource to defaulters. However, it is the supplier's responsibility to notify the debtor of the decision officially, in writing, twenty days before taking action.
The grounds for turning off the gas are:
- Violation of the contract regarding the transfer of readings from metering devices (when the supplier does not know the amount of resource consumed);
- Refusal of the consumer to provide access for scheduled inspections;
- Lack of payment for more than three months;
- Using a meter that does not meet the requirements in the region;
- Use of metering devices and equipment that do not comply with technical regulations;
- Lack of a concluded agreement with the service provider.
You should not panic if a resource is turned off without notice, since the supplier may shut down for unforeseen reasons, for example, in the event of an emergency, when replacing equipment, due to technical faults. If we are still talking about debt, the defaulter will have to reimburse not only the amount of the debt, but also all fines, reconnection costs and other associated costs.
Current rules
The right to disconnect utility resources, be it not only gas, but also electricity, is approved, among other things, by Article 546, paragraph two of the Civil Code of the Russian Federation. According to the law, the supplier has the right to completely or partially stop the supply of the resource, even if there has been no payment for two months. The subscriber must be notified of this without fail.
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Upon expiration of the period, the utility service sends a corresponding notification, which states that on such and such a date the gas supply will be stopped due to debt. This notice must be delivered against the signature of the defaulter or sent by registered mail with acknowledgment of receipt, or less often by courier. If within the next twenty days the debtor does not pay off the debts or does not sign a debt repayment schedule with the utility service, the gas will be turned off.
If you are interested in what kind of debt the utility company turns off the gas, it is necessary to note that the amount is not important here. There are no limits set by law; it is the timing that matters.
If we are talking about a temporary suspension of gas supplies, the new debt repayment schedule, referring to Article 345, paragraph 119 of the Civil Code, will come into force no earlier than in a month.
Deadlines
As established in regulations, the duration of the shutdown depends on the reasons for which it was carried out.
If there is a need for repairs, gas supply may be suspended for a total of 4 hours per month. When disconnecting for a longer period of time, the amount of payment for consumption is reduced by 0.15% for each excess hour.
In the event of an emergency, the gas supply may be interrupted for no more than a day. Full resumption of supply is carried out within two days after the consequences of the accident have been eliminated.
If disconnected for non-payment, gas supply will begin after the entire debt has been repaid. In this case, supply will be restored within 5 days.
When do they have the right to disable
The disconnection procedure also includes a certain period in which the monthly amount to be paid is determined, which is one calendar month. The consumer is also obliged to make payment every month before the tenth day, unless other conditions are specified in the contract. If payment is not received within the next ten days after the tenth, the consumer may be sent a warning that gas may be turned off for non-payment.
Such notices must have a receipt stamp. However, this does not have to be delivered by a courier or a representative of the gas supply company against signature. A return receipt can also legally be registered mail, which is something consumers should keep in mind when planning to avoid penalties.
The supplier has the right to disconnect if the debtor is completely inactive. However, it should be borne in mind that even if the debt is fully repaid, payment does not always arrive as intended instantly. Therefore, it makes sense to immediately come to the office in person with a receipt immediately after making a payment, so that the responsible employee can make a note that the debt has been repaid. Otherwise, the company may turn off the gas without receiving a payment stamp. Since it is not their fault, the consumer will still have to bear additional financial expenses for reconnection.
How to do it?
The gas supply refusal procedure consists of the following steps:
- preparation of necessary documents;
- filling out an application;
- contacting a service provider;
- consideration of the application;
- decision-making;
- carrying out the necessary work;
- execution of the act.
Where to contact?
In order to turn off the gas, you must contact the service provider, that is, the company with which the consumer entered into an agreement. You can apply in person, through a legal representative or by mail.
Necessary papers
In order to turn off the gas, the interested person must prepare:
- passport;
- gas supply agreement;
- a certificate of registration, if the disconnection is due to living at a different address;
- permission from Rostechnadzor to use an electrical installation as an alternative energy source;
- a document confirming ownership of the apartment - a certificate or extract from the Unified State Register of Real Estate;
- a certificate confirming that there is no gas payment debt.
Before turning off the gas supply to the apartment and switching the housing to electricity supply, you need to obtain permission from the company managing the housing stock to which the apartment building belongs. In addition, it is necessary to obtain the consent of all owners of the apartment if it is in common joint or shared ownership.
The consent of residents of neighboring apartments will not be required.
Drawing up an application for temporary refusal
The application must be completed regardless of the reasons and timing of the gas shutdown. This rule also applies to repair work. In this case, the application must indicate the following:
- The name and address of the company the owner is contacting.
- Information about the applicant - last name, first name, patronymic, passport details, place of residence, contact phone number.
- Address of the apartment or house where the gas needs to be turned off.
- The reason for petition. In this case it will be repairs.
- The period for which the gas must be turned off.
- List of attached documents.
- Date and signature of the applicant.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
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If you do not live at the address permanently
A statement about disconnection due to the fact that the owner does not actually live in it will be similar in content. It will only be necessary to indicate that the applicant does not use the premises.
Deadlines
Legislative acts do not provide clear deadlines for such cases. Only paragraph 52 of the RF PP No. 549 states that the contract can be terminated at any time by agreement of the parties. The terms can be agreed upon by the supplier and the consumer. They also depend on the company’s internal rules. In practice, the time for providing a service consists of two stages - studying documents and performing work.
- At the first stage of the procedure, all information is subject to detailed analysis for its reliability and completeness.
- At the second stage, the parties determine the date for the work. On the appointed day, specialists from the gas company supplier perform the necessary actions.
On average, the shutdown will take from 5 to 20 days.
What is the price?
Gas shutdown is a paid service, that is, it is provided on a paid basis. The amount of payment depends on the region of residence of the initiator and the price list of the contractor valid on the day of the work and its complexity. On average, the amount will be from 1 to 6 thousand rubles.
On what grounds can they give a negative answer and what to do in such a situation?
There is no clear list of reasons why the applicant will be refused to turn off the gas.
An interested person may receive a negative answer in the following cases:
- Turning off the gas will violate the rights and legitimate interests of other residents who conscientiously fulfill their obligations to pay for gas (how to calculate payment for gas by meter in 2020?).
- Suspension of the service may pose a threat to the life and health of others.
- Gas heating is the only source of heat. In this case, a conclusion from Rostechnadzor is required that alternative heat sources, for example, electrical appliances, cannot be used in the room.
- The applicant is not the owner of the property.
- The consent of other owners of shares of the property, as well as the management company of the MKD, was not obtained.
- There is an outstanding debt to pay for housing and communal services.
These facts must have documentary evidence.
Low gas pipeline pressure can cause problems in the operation of household gas equipment. It creates unstable burning of the burner in the kitchen and reduces the power of boilers and heating systems. Knowing your rights will help consumers file claims and seek redress in a timely manner.
Illegal actions
In accordance with Russian legislation, written and timely notification of the defaulter about gas disconnection is mandatory. If this rule is violated, the consumer has the right to complain to the housing inspection company or the prosecutor's office. In addition, it is illegal to disable a resource if:
- The payer has no debt;
- The resource supply did not resume after technical work;
- Activation of the service is not carried out within the established time frame;
- There is a fact of abuse of official powers.
In any case, it is in the interests of consumers to ensure that the situation does not progress to the point of disconnecting the service, since even without taking into account the fine, restoring the connection will be very expensive and time consuming.
Violation of at least one point of the job description makes the disconnection procedure unlawful. This means that the consumer can appeal the decisions made in court. However, under no circumstances is the debtor relieved of the obligation to repay the debt. The only thing a defaulter can really achieve is a temporary reprieve.
Additional reasons for disconnection
In addition to debt and non-payment within three months, shutting off the consumer’s gas supply can be used as a coercive measure in the following cases:
- Lack of an extended contract for emergency technical services;
- If the consumer independently installed or retrofitted the gas system without coordinating this with anyone;
- Malfunctions of the chimney or other communication systems;
- Evictions of tenants through the courts;
- Gas leaks and emergency situations caused by the consumer.
In addition to the above, for disconnection there must be a fault of the consumer, for example, violation of clauses of the concluded contract, refusal to cooperate with the organization’s employees in providing information from the meter, the amount of debt for more than three billing periods, illegal redevelopment, etc.
Whatever the reason, they have no right to do anything without written notice. Considering the fact that the consumer has the right to assert his rights in court, the utility organization must have compelling and documented grounds for such disconnections. Otherwise, officials or the entire structure may be fined a considerable amount.
Is it legal to turn off the gas?
From a legal point of view, gas supply to all subscribers living in apartment buildings or their own buildings is supplied after the conclusion of an agreement between the interested parties. On the one hand, this is the subscriber, on the other, the company supplying gas.
Gas is supplied to homes by specialized gas supply organizations, which are subsidiaries in the regions of Gazprom PJSC, employees of these farms and serve the population in case of gas leaks, they are also authorized to stop the supply of natural resources to debtors
The basis for the legal regulation of the supply of gas fuel is a number of decrees of the Government of the Russian Federation, which take into account the basic conditions for the supply of blue fuel, the facts of regulating the price of gas, stipulate social principles regarding guarantees of gas supply to the population and take into account preferential conditions.
A person living in an apartment building is obliged to pay for a natural resource, and the company must, in turn, ensure a round-the-clock supply of natural fuel.
All this is stated in the following regulations:
- PP No. 549 of July 21, 2008, which regulates public utility needs, taking into account certain conditions of household consumers;
- Federal Law No. 69, adopted on March 31, 1999, “On gas supply in the Russian Federation”;
- PP on the rules for the supply of natural resources No. 162 dated February 5, 1998.
Therefore, companies supplying gas to houses and apartments are fully responsible for turning off natural gas in an apartment building or private household. Is it always legal to turn off natural gas without warning? Only lawyers can answer this question. Organizations have the right to turn off gas supply in some cases when it concerns certain reasons.
These reasons are specified in detail in Government Resolution No. 410, adopted on May 14, 2013, which describes safety measures for citizens who have indoor and outdoor gas equipment. If the owner fails to comply with safety measures, he may lose the supply of natural gas on legal terms.
In a situation where gas supply is cut off for some period of time, the gas service is obliged to inform consumers for what reason and for how long there will be no gas supply
Residents of high-rise buildings are notified in writing, notices are posted at the entrance to the entrance, or announcements are made on local radio or television.
Reasons why shutting off gas supply is legal:
- When the service user has not drawn up an emergency maintenance contract with the gas company. Or he independently installed and repaired various gas equipment.
- If faults are found in the ventilation mechanism or chimneys.
- In emergency situations, if it is impossible to eliminate a local gas leak, then the gas supply to the entire house or block is turned off.
- The client does not pay for gas for more than three months. Companies also turn off gas for other reasons, when a subscriber violates the terms of a supply contract.
- They may turn off the gas if the resident of the apartment does not provide data on the amount of gas consumed and does not allow inspectors in to check the condition of the gas equipment.
- They stop supplying a natural resource when the client does not comply with the rules for operating gas equipment or uses prohibited gas appliances.
Fuel is turned off unscheduled when breakdowns occur within the house or emergencies in the gas communications themselves.
In such situations, repairmen primarily care about people's lives. Therefore, residents need to wait until specialists fix the problems.
About types of debt
In municipal structures, debt is classified according to periods of debt accumulation, namely:
- From two to four months - the situation is attributed to the consumer’s dishonesty and lack of discipline, as well as to the occurrence of temporary financial difficulties (often the debt is simply ignored, since this is unreasonable from the point of view of time costs);
- Failure to pay for up to one year is a long-term delay, which is perceived as intentional (notifications and warnings are actively sent, at this stage the gas is turned off);
- Lack of payments for more than two years - utility companies classify them as unexpected repayments, so they collect the amount through the court.
Payment for debts is carried out according to the standards that were valid at the time the debt arose, without taking into account the readings of the meter, according to the regional tariff. If the parties agree to repay in installments, the amount will be divided taking into account all services provided and fines. As a rule, schedules are drawn up individually in the personal presence of the debtor, or the latter is simply notified and offered to sign the agreement.
About resumption of supply
If the gas is turned off, you need to focus on the sequence of solving this problem. Today, such a measure is being used against defaulters more and more often, so they should be prepared for what awaits them for their carelessness. Russian legislation fully supports such an initiative from suppliers.
Actions to resume gas supply:
- Visiting the utility organization responsible for the shutdown to conclude a new contract. On the spot, the procedure and requirements for the consumer will be announced so that this agreement is concluded with him;
- Full or partial repayment of debt in accordance with the decision reached at the first stage;
- Submitting an application to resume gas supply, attaching a receipt for repayment of the debt;
- Waiting for a visit from gas service employees to remove seals from equipment, if necessary, to install equipment and install seals.
As mentioned earlier, consumers should be prepared for the fact that they will have to pay all costs for connection and work of gas service employees themselves.
Who to call if there is no gas supply in a private or apartment building?
If for some reason there is no gas and gas appliances do not work, then you should contact the service provider , that is, the company with which the gas supply agreement has been concluded, or the emergency dispatch service.
If there is an interruption and you smell gas in the room, you must immediately call the emergency service by calling 104 or 112.
