Restriction of the provision of public services according to the 354 resolution. Government Decree on the provision of utilities to owners and users of premises in apartment buildings and residential buildings - Rossiyskaya Gazeta

The rules for the provision of public services regulate in great detail the content and procedure for concluding a contract for the maintenance of residential buildings, the provision and accounting of public services. The main responsibility for activities in this direction lies with the management companies. For each type of utility services, two payments are introduced: for consumption directly inside the apartment and for consumption for general house needs. Measures for the maintenance of common house property include measures for energy saving, installation and reading of meter readings, as well as the costs of maintaining accounting information systems. These payments are entered on the payment receipts as a separate line. The Decree defines the general procedure for concluding an energy service contract in residential buildings with payment for its results separately from payment for utilities.

On May 23, information was published on the approval of the new Rules for the provision of public services. New Rules have been introduced. With the entry into force of the new Rules, the Decree of the Government cancels the Decree No. 307 of 23.05.2006 and introduces significant changes to the Decrees of the Government No. 306 of 23.05.2006 and No. 491 of 13.08.2006. The new Rules are not introduced immediately, but 2 months after the introduction of changes in the procedure for establishing and determining the standards for the consumption of utilities in Government Decree No. 306 of 05/23/2006. The Ministry of Regional Development of Russia was instructed to prepare changes to this document within the next three months.

The rules for the provision of public services regulate in great detail the content and procedure for concluding a contract for the maintenance of residential buildings and the provision and accounting of public services. The main responsibility for activities in this direction lies with the management companies. In terms of the conclusion of contracts, the Decree quite strictly establishes the condition for the content of contracts: if the consumer has entered into an agreement with a management company that does not comply with the terms of the new Rules, then the provisions of Government Decree No. 354 of 05/06/2011 are considered the current norm.

For each type of utility services, two payments are introduced: for consumption directly inside the apartment and for consumption for general house needs. At the same time, a standard for the consumption of utilities for general house needs in an apartment building is introduced. This will streamline the calculations in the case when there is no collective metering device.

The responsibility of the non-payer has been tightened. Now the restriction of the provision of public services may occur not in 6 months, as it is now, but in 3 months.

Consumers are given the opportunity to conclude direct contracts with resource-supplying organizations for the provision of public services.

The algorithms for paying for utilities have been completely revised, both in the presence of metering devices and in their absence. The norm was excluded when at the end of the year the entire annual imbalance of consumption in an apartment building was distributed to consumers who have individual metering devices installed.

The management company becomes the actual operator of taking meter readings and the organizer of their operation. Also, the management company becomes an intermediary in fixing the facts of a violation of the quality of public services provided.

Measures for the maintenance of common house property include measures for energy saving, installation and reading of meter readings, as well as the costs of maintaining accounting information systems. These payments are entered on the payment receipts as a separate line.

The Decree defines the general procedure for concluding an energy service contract in residential buildings with payment for its results separately from payment for utilities. The very form of the energy service contract should be developed within the next 5 months by the Ministry of Regional Development and the Ministry of Economic Development.

Recalculation for utilities occurs on the basis of the adopted legislation. If the owner has metering devices, recalculation occurs automatically upon receipt of information about new data. In the absence of appliances during the temporary absence of the owner and all those living in the apartment, the recalculation is made according to the developed scheme.

What is recalculation

Recalculation is a newly made calculation of the consumer's payment for utilities. If any errors or overlays have occurred, and they are identified, then the management company or housing and communal services will compensate for the overpayment made. But most often the recalculation is done, because the owners pay in many cases not according to the actual consumption of any resource, but according to the standard.

What does it mean? If the owner installs metering devices in a house or apartment, this means that now he will pay not according to the standard, but according to the actually consumed water (electricity, gas). But sometimes failures occur, as in the following cases. For example, for heating, payment is always made according to the standard.

The standard is defined as 1/12 of last year's consumption per year. And every month we pay a fixed fee (since last year). At the end of the heating season in those apartment buildings where common house meters are installed, the housing and communal services recalculate and the overpayment is returned to the consumer. There are also adjustments in the opposite direction.

But the most common types of overpayments are private. The situation model is most often this: the owner of the apartment does not send meter readings. This happens both for objective reasons and for subjective ones.

For example, forgetfulness or a family vacation may cause the owner of the apartment to temporarily not transmit data from his meter. In this case, already the next month after the owner of the apartment resumes the transfer of data, he will be recalculated.

Legal acts

The recalculation has a completely legal basis. In 2011, the government of the Russian Federation adopts the well-known Decree number 354. All sections of this legal act are devoted to the rules for the provision of public services to the population.

In 2017, the next changes were adopted and it can be said how recalculations are currently being made. The situation with the change in fees is reflected in paragraph VIII. The name also reflects some features: recalculation in the absence of consumers.

Only the aspect that concerns residential premises without meters is considered here. Everything is clear with the counters, the recalculation will be done automatically when the next data from the metering devices is loaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

Each citizen, owner or tenant of a dwelling, is a consumer according to this document. He and his family consume public resources provided by various organizations or companies. In order to have a basis for a relationship, an agreement is made between the organization and the service consumer.

The guarantor of the relationship between the performer and the consumer is the state and laws. In accordance with Decree No. 354, all citizens have the right to recalculate utility bills. Therefore, the new edition describes in detail the procedure for recalculation in different situations.

What is included in Resolution No. 354

What is included:

• updated coefficients that determine the standards for drainage;
• the procedure for mounting measuring instruments has been worked out in detail;
• with the help of the Decree, the motive for installing the meter is strengthened;
• a simplified payment scheme for heating was introduced;
• since 2016, it has become optional to provide information from meters;
• in case of temporary absence of electricity or other service, payment for it is not charged;
• order of fulfillment of the above conditions.

A special place is determined by the responsibility of the performer to consumers and laws in the following cases:

• poor quality of services;
• damage to life and health due to poor quality services;
• non-receipt by the consumer of reliable information on the quality of services;
• terms of the agreement are violated.

In case of violation of these conditions, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether the contract was concluded between the contractor and the consumer, the contractor still compensates for the damage in case of poor-quality services.

Here are some points that are considered in the Resolution:

1. The fee for common house needs is not subject to recalculation. This refers to the case when the owner was absent and the premises were temporarily empty.
2. Under the two-tariff regime, changing the payment is possible only in relation to the variable component. With regard to the constant component, the following condition has been introduced: if its recalculation is established by law, then after the temporary absence of a citizen, it is made within 5 working days. Days of absence are considered all except the day of departure and arrival.
3. Recalculation is made only in the case of filing an application and providing documents that confirm the duration of absence. The request is made before departure or no more than a month after arrival.

The following documents are accepted as proof of absence:

• a copy of the travel certificate with the attachment of travel documents;
• document on treatment in a hospital or sanatorium;
• travel tickets issued in the name of the consumer, as well as the fact of their use;
• bills for staying in a hotel, rented apartment, hostel;
• a document issued by the FMS on temporary registration;
• other documents that can confirm the fact of the absence of the consumer.

The main advantage of this document is its transparency and simplicity of presentation of all requirements. After its revisions, it became much easier for the performer and the consumer to regulate their relationship.

On the video about the recalculation of the fee

The main distinguishing features of the Decree and its amendments are the course towards the widespread installation of devices. Therefore, the owners of apartments with meters have a clear advantage in cases of, for example, temporary absence.

The rules for the provision of public services are strictly regulated by the state legislation of the Russian Federation. The list of instructions regulating the process includes both federal legislation and local legal acts and official regulations. A citizen who has legal information can defend his legal consumer rights in every instance. One of the main rules will be the observance by the tenant of his direct obligations in the field of housing and communal services (housing and communal services). In other words, there should be no claims against him.

Payment for utilities is a significant part of the funds of an ordinary citizen, and this does not depend on whether he is the owner of the property or uses it as a tenant. The rules for providing utility services to owners and users of premises are the same. However, it is possible and necessary to reduce the amount on the utility bill, if required. All rules for the provision of public services to citizens will be discussed below.

The list of utilities is determined directly by state legislation, or rather, the Government of the Russian Federation, the definition of which is valid throughout Russia. Among other things, this list of services must be provided by the contractor for the entire calendar year. The only exception is heating. Heating utilities are provided seasonally.

However, the legislation also defines the time intervals for carrying out repairs, and also takes into account unforeseen emergencies. In these cases, time limits are provided for the repair and elimination of the accident.

When utilities provide services of poor quality during the year, that is, the number of disconnections exceeds the value provided for by law, then residents have the legal right to file an official claim or complaint against unscrupulous "communal services". This is stated in the law on the protection of the rights of consumers of housing and communal services.

The complex of utility services directly depends on the comfort and availability of certain engineering networks of a particular residential building.

In the event that the house does not have some engineering communications, then payment for them will not be charged. Consequently, the cost of its maintenance will be lower due to the absence of an appropriate deduction point.

GD number 354 on the provision of public services, adopted in 2011, is the main legislative act that regulates all activities of housing and communal services. This document is edited quite often, and, therefore, the newest rules for the provision of public services, that is, their latest edition, will be relevant.

This resolution is publicly available, and therefore, every citizen who is interested can study it and monitor compliance with the rules for the provision of public services and the actions of cash settlement centers in the field of calculating payment for services.

In the latest edition of the Decree of the Government of the Russian Federation, the description of non-residential premises has been clarified. To specify the status of the premises and payment for the corresponding category, you need to refer to the new version of the legislation. All disputes between homeowners and housing facilities regarding maintenance and payment for non-residential premises can be resolved in court.

In accordance with Art. Articles 80 and 81 of the Government Decree are now obliged to check the installed metering devices. That is, after the consumer's application, the utility service must take the meter readings within ten days and check its serviceability. Previously, the legislation provided for the verification of meters once every 6 months. Now this period of time has been reduced to a quarter, that is, once every 3 months.

When utility workers, for any reason, do not have access to private meters, the payment will be calculated based on the number of registered residents in this particular room.

According to chapter 9 of the mentioned federal law, due to incorrect calculation of utility bills, which entailed an overpayment for services rendered, a fine of up to 50% of the amount of the incorrect calculation is provided.

The rules according to which utility bills must be paid are described in Chapter 6 of the Federal Law. Each homeowner must pay the full amount of utilities rendered to him. However, in addition to the obligation, every citizen is also entitled to verify the validity of charges. The quality of the services provided and their compliance with the standards are also taken into account. If the management company overstates tariffs and performs its obligations poorly, the tenants have the right to change it to another by terminating and reissuing the contract.

• home service;
• building overhaul;
• keeping the yard clean;
• elevator maintenance;
• maintenance of cleanliness of common areas, stairs and elevators;
• garbage disposal and maintenance of common communications.

All figures included in the "fatting" are calculated by the specialists of the servicing office on a monthly basis. There are many items included in the rent, according to which they must be justified and correspond to the tariff units valid for the current date.

• private;
• common house.

If the tenant has some benefits for paying utility bills, then the category of the benefit and the grounds for the reduction in the tariff must be indicated.

Paragraph 54 of the new Rules prescribes the calculation of fees for heating and hot water services, if the contractor wishes to make the calculation on his own.

When drawing up a contract for the provision of public services, all conditions, obligations and responsibilities of the parties should be taken into account. If any condition is omitted, the conflict situation will be resolved on the basis of legislative norms and rules. The main document for drawing up a contract for the supply of services is paragraph 124 of the Rules.

• declare in writing the desire to conclude contractual obligations for the provision of services and attach the entire mandatory package of documents;
• obtain a preliminary draft contract from the service provider and correct disagreements on points, if any;
• draw up an additional agreement on the absence of claims and the elimination of disagreements;
• sign a contract for the provision of services.

As for the contract itself, it must necessarily indicate the tariffs for the services provided. In addition, liability is provided for both the party providing the service for its poor quality provision, and the consumer for violation of the terms of this agreement.

There are situations when the contract is drawn up retroactively. The legislation provides that the party providing the service may transfer the draft contract to the consumer within 20 days from the start of the provision of these same services.

The consumer has 30 days to adjust the terms or agree to them. At the end of the period of time allotted by law, the contract will be considered automatically concluded.

To draw up the described contract, the service provider should submit the following package of mandatory documents:

In the event of inaccuracies in the submitted documentation or the provision of an incomplete package of papers, the service provider must notify the consumer of this fact no later than 5 working days

In addition to the terms of the concluded contract, the parties must strictly comply with the rules prescribed in chapters 4 and 5 of Federal Law No. 354 and governing relations between the parties.

The housing company has the right to choose a direct service provider independently, as well as to enter into a contractual relationship with him. In the event of planned repairs, accidents and other disruption of service delivery, the company must notify tenants by means of an announcement in designated areas. Legislation supports owners and tenants in the fight against unscrupulous service providers in a way that protects consumer rights.

In the event of the provision of services of unsatisfactory quality, the user has the right to record his claims in the book of complaints and suggestions. The latter, in turn, must be available from each service provider.

According to the received complaint, not only appropriate measures must be taken by the company's managers, but also a written response to this must be issued within a period equal to three working days. This is stated in Art. 31 of the current legislation.

Basic rights and obligations of the consumer, articles 33, 34:

According to Article 35, the tenant does not have the legal right to perform the actions prohibited to him, for this the state provides for heavy fines.

According to Article 309 of the Civil Code of Russia, all obligations must be properly performed in accordance with contractual terms and applicable law. The parties do not have the right to change the terms of the contract unilaterally, as well as not to fulfill their obligations.

For a single non-payment of the amount, according to Resolution 354, amended from January 1, 2017, the legislation does not provide for any liability.

Previously, failure to pay by the due date threatened to accrue fines and penalties. To date, this punishment is provided if a citizen is late with payment for more than 30 days.

The reason for making the appropriate changes was the crisis situation in the country, which led to a delay in the payment of wages to citizens.

However, in parallel, sanctions were tightened against those citizens who deliberately do not pay utility bills.

Until the beginning of 2017, the penalty rate was equal to 1/300 of the refinancing rate of the Central Bank of the Russian Federation.

• 1/300 for a period of non-payment of 31-90 days;
• 1/130 for non-payment of 91 or more days.

However, the government does not stop at the amount of penalties for malicious non-payers, since conscientious tenants suffer through their fault. In the future, it is planned to increase the amount of the penalty.

The user of housing should be aware of the following about the procedure for the provision of utilities.

The main responsibility for non-payment of utility bills lies directly with the owner of the apartment, in contrast to the users of municipal housing.

The rules of utilities are for the homeowner to pay bills on time.

1. Warn in writing and offer to pay the debt without imposing penalties.
2. Visit the defaulter and verbally explain the threatening consequences and penalties.
3. Suspend the provision of services.
4. Start a lawsuit to recover arrears in payments.

The latter method is the most inconvenient and costly for both parties, therefore, whenever possible, utilities are trying to resolve the issue peacefully.

As for the debt itself, during the process, due to the accrual of penalties on it, this amount can increase significantly.

If the court decides in favor of utilities, they will be required to pay off the amount of the debt in full.

Now all the forces of management companies are thrown into compliance Disclosure Standard by Government Decree No. 731. And it is right. However, do not forget that there are other legislative acts that regulate the life of management companies. These include Government Decree No. 354 dated May 6, 2011, which sets out the rules for the provision of utility services to owners of premises in MKD and the procedure for providing information on them.

In addition to the rules for the provision of utility services to owners of premises in MKD, Resolution 354 also contains information on the need to disclose information to residents of the house on the utility services provided. In particular, subparagraph “p” paragraph 31 of PP No. 354 states that the contractor is obliged to provide the consumer of CU by means of a concluded contract, announcements on information boards at the entrances of MKD or in the adjacent territory, on information stands in the contractor’s office, the following information:

• information about the executor of the CG (name, legal address, data on state registration, full name of the head, work schedule, addresses of sites on the Internet where the management company should post information about itself);
• address and telephone number of the control room, emergency service;
• tariff rates for communal resources, allowances for them and details of regulatory legislative acts;
• on the right of consumers - to apply for the installation of metering devices to an organization that, in accordance with the Federal Law "On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation", must satisfy this need and provide installment payments for services;
• procedure and form of payment utilities;
• quality indicators of CG, deadlines for eliminating accidents and violations of the procedure for their provision;
• data on the maximum allowable power of electrical appliances, equipment and household machines that the consumer can use;
• names, addresses and phone numbers of local executive authorities exercising control over compliance with these rules;
• if it is decided to establish a social norm for electricity consumption in a constituent entity of the Russian Federation, then information about its value, conditions for application / non-use for groups of households and types of residential premises, for consumers receiving old-age and / or disability pensions, for residents of emergency housing stock or with a degree of wear from 70%;
• information about the obligation of the consumer to inform the contractor of the CU about a change in the number of registered people in the residential premises;
• information on electricity tariffs for the population within and above the social norm of its consumption.

Checks

If information is not disclosed or provided on any issue or appeal of citizens, then consumers of public services can file a complaint against the management company not only with the GZhI body, but also with the prosecutor's office. The activities of the prosecutor's office are regulated by the Federal Law No. 2202-1 dated 01/17/1992 in the current version of 07/13/2015 "On the Prosecutor's Office of the Russian Federation".

Based on this law, the prosecutor's office has the right to inspect the management company after a complaint or other appeals from the population about a violation has been received against it, as well as file lawsuits and initiate administrative cases. Also, the prosecutor's office can conduct unscheduled inspections of the Criminal Code for compliance with the law and license requirements in the housing sector.

If the prosecutor's office received a complaint or an appeal from citizens, then your management company will receive a request to provide specific information. If the violations are minor, then in the pre-trial procedure they can be eliminated and the applicant can be asked to withdraw the complaint.

Regarding the disclosure of information, the prosecutor's office checks the boards in the entrances of the MKD or in the adjacent territory, as well as information stands in the office of the Criminal Code. At the first appeal to the court, the plaintiff, represented by the prosecutor's office, requires the elimination of the identified violations within the specified period. If the Criminal Code ignores the requirement of the prosecutor's office and the court, then when re-filing a claim, we are already talking about collecting fines from the management company for non-compliance with the Information Disclosure Standard.

Arbitrage practice

We have selected several vivid examples from recent judicial practice to clearly show you how and for what they can be fined management company by Government Decree No. 354.

In the first half of 2015, the Court of Rostov-on-Don ordered Tektonik MC, at the request of the prosecutor's office, to post all the necessary information in accordance with subparagraph “p” of paragraph 31 of PP No. 354 on bulletin boards in the entrances of houses and on an information stand in their office. The order was fulfilled on time, and the management company avoided a fine.

The Primorsky Territory Prosecutor's Office filed a lawsuit alleging violation of license requirements for the management of MKD at the Granat Management Company. The company was accused of violating subparagraphs “p” of paragraph 31 of PP No. 354, since the information required by this regulatory legal act was not posted in the necessary sources.

In the statement of claim, the prosecutor demanded, within a month from the date of entry into force of the court decision, to place information about the executor of public services of the management company "Granat" in a number of MKDs that are managed by the company.

In June 2015, the management company "Granat" turned to us with a request to help in solving the problem related to the disclosure of information. We satisfied the request of the management company, thanks to which MC "Granat" managed to avoid a lawsuit to initiate an administrative case and fines that could result from the consideration of such a case. The demands of the prosecutor's office were satisfied in time.

Solution

What needs to be done in order not to fall under the order or administrative penalty of the prosecutor's office and the GZhI? First of all, comply with the licensing requirements for management companies and comply with the Information Disclosure Standard (Government Decree No. 731).

To fully comply with the Information Disclosure Standard, you must place information about your management company and managed homes in all sources required by law:

• Online Housing reform
• on the UK website
• at the information stand in the company's office

Please note that par. "p" clause 31 of Government Decree No. 354 establishes another source for the disclosure of information - this is a bulletin board in the entrance of an apartment building. Therefore, you will need to duplicate information about the provided utilities also in this source of information.

Of course, you can’t keep track of everything, and we are well aware that in addition to your main job, you also have to deal with paperwork, as well as explore the Internet. Often the staff of the management company is limited to a small number of employees (no more than 3-5 people). Everyone is busy with their own business and cannot take on additional work.

But with the introduction of licensing management companies have to find a way out of the situation. You can act, for example, as MC "Granat", which turned to us for help. As a result, they received a ready-made MC website that fully complies with the requirements of the Information Disclosure Standard.

As a result, the necessary information entered on the Housing and Public Utilities Reform portal was automatically integrated into the site of the management company, from where the management company was able to print out the completed copies and arrange with them an information stand and a notice board at the entrance of the MKD.

We help management companies avoid thousands of fines and disqualification. We already have a lot of experience in this business. Contact us for help! We are always ready to help you!

A citizen of the Russian Federation (each individual) is a consumer of state resources: water (for hot and cold), electricity, etc. The basis for access is an agreement concluded with an enterprise, in this case a utility company (it is also a contractor). The provision of the possibility of recalculation for the absence of such is guaranteed, they can approve a temporary restriction of access, etc. - more specifically, the process is regulated by the Housing Code.

According to the established standards 354 of the Decree of the Government of the Russian Federation (governs relations along with LCD), each citizen is given the opportunity and the right to recalculate payments for services (in this case, utilities). The new edition and the latest changes to it provide the most comprehensive answers to the owners and users of premises / houses (multi-apartment) to all questions of interest. Legally, the guarantor is the state itself, regardless of the city / region, for example, for Moscow it is the MOP.

with latest changes 2016

The creation of Decree 354 of the Government of the Russian Federation dates back to 2011 (May-June). As well as other legislative acts, it requires the introduction of current amendments (based on reality in the housing and communal services), which are made on an annual basis without reference to a period (they can be introduced / planned both for January and May).

The new version of the law (the latest changes) entered into force at the beginning of January of this year (they were introduced at the very end of the past 2015).

Common house needs - to pay or not to pay according to decree 354

According to the latest changes, the general house needs for electricity were also affected by Decree of the Government of the Russian Federation No. 354 (paragraph 44). Now:

The coefficients of drainage standards have been revised (recalculation is in progress);
approved the regulation on the installation of specialized meters;
proposals are being considered to reduce these tariffs (approximately 10-15% reduction);
measures are being taken to stimulate organizations / enterprises (housing and communal services) that provide various types of services (utilities) that are relevant for users of houses (multi-apartment), etc.

Changes in housing and communal services

354 Decree of the Government of the Russian Federation regulates consumer standards for resources and their subsequent payment for owners / users of premises (residential). The new edition clarifies when the accrual for the full package or a separate part of it for public services begins. The latest changes explain: the power of calculation begins to operate from the moment you enter any room or apartment building.

Calculation of the amount of payment for utilities - 354 resolution

354 of the Federal Law of the Government of the Russian Federation regulates the procedure for distributing accounts. There are also instructions there: every citizen (user of an apartment building) is obliged to submit meter readings to employees every month (payment must also be made monthly).

Recalculation for heating

If we consider in more detail 354 of the Federal Law of the Government of the Russian Federation (new edition), it becomes clear that it is planned to reduce tariffs for premises / apartment buildings (the amount of the discount depends on the region). In the current version (last changes), the procedure for paying for utility services has been significantly simplified, for example, payments for heat are now made according to a special system (simplified).

Payment for utilities

354 The Decree of the Government of the Russian Federation on communal services (current version, latest amendments) includes a special appendix, which describes in detail recommendations on calculation standards (replaced data adjustment formula (paragraph 44, paragraph 2), rules and regulations). Measures to control use / consumption have been tightened, and in the current edition, special instructions have been given regarding the installation of counting equipment (meters).

Decree 354 with the latest changes 2016 on utilities

You can get acquainted with the current text on the request "354 Decree of the Government of the Russian Federation on the recalculation / calculation of payments for services (utilities) for citizens" on our resource (website) or download it in a convenient online mode and completely free of charge