Limits of operational responsibility for the subscriber's water supply networks. A sample of the act of delimitation of the balance sheet belonging of heat networks. The act of delimitation is of great importance

When connecting an object to a centralized power supply system, the owner has a lot of related questions. One of them, the next one: how to get your hands on it? In this article we will try to answer it. But first, let's understand what this document actually is.

General definitions

In accordance with the current rules governing relations in the field of energy supply, the act of delimitation is a document drawn up in the process of connecting power receiving devices. Act of demarcation is of equal value to legal entities and individuals.

The act establishes a line of demarcation between energy facilities, dividing the operational responsibility between the consumer and the power grid company. The same act determines the ownership of electrical equipment and power lines.

The act comes into force after it is signed by three parties:

• power grid company;
• organization-consumer of electric energy;
• controlling organization.

Moscow subscribers are required to coordinate the act in the following organizations:

• in the Moscow Electric Grid Company;
• in the department of Mosenergosbyt (at the location of the energy consumption facility);

All signatures must be certified by the seals of the relevant organizations.

The act must contain the following information:

• data that determine the level and category of reliability of the power supply system;
• a detailed diagram of the power supply system, which reflects information about the protection devices, the main characteristics of the power supply network and other equipment;
• information about other subscribers connected to the same electrical installation, as well as their energy consumption parameters;
• a list of consumer obligations to the power grid organization;
• the act must also list special conditions (if any).

In most cases, act of balance delimitation compiled for an indefinite period of time. At the same time, the established rules do not prohibit the execution of temporary acts, the validity of which is limited in time (for example, if the validity of the act applies to the period of validity of the allocated connected capacity).

Having in hand an active the act of delimitation of the balance sheet ownership of electrical networks, the subscriber can:

• receive documents confirming the fact of power connection;
• conclude a contract for the supply of electricity;
• get a permit.

The procedure for obtaining a document

The act is drawn up after the elaboration of specifications and the implementation of technological connection. The procedure for compiling, approving and signing this document for each network organization, as a rule, is different. For owners of facilities located in Moscow, it will be as follows:

1. Submission of the relevant application to PJSC "MOESK", JSC "UEC" (or to branches). The application is accompanied by the current project of the power supply system, the act of accession and other documents, the list of which is reported by the power grid company.
2. Filling out the questionnaire of a subscriber who is a consumer of electricity.
3. Provision of an agreement for technological connection to PJSC "MOESK", JSC "UEC".

The final event, embodying the entry into force of the document, is the signing of the act. In order for this moment to come for the applicant as quickly as possible, he is recommended to apply in advance to the relevant organization that provides support in obtaining and approving the relevant documentation.

ELEVENTH ARBITRATION COURT OF APPEALS

The operative part of the resolution was announced on October 02, 2014.
The decision was made in full on October 02, 2014.
Eleventh Arbitration Court of Appeal composed of: presiding judge S.A. Kuznetsov, judges V.A. Morozov, K.K. A.A., power of attorney dated February 7, 2014, from JSC "Tatenergosbyt" - representative Falifov R.F., power of attorney dated December 31, 2013 N 119-14 / 10, from JSC "Grid Company" - representatives Kustadinchev M.V., power of attorney of 31.10.2013 N 119-13 / 405, Gubaidullina L.N., power of attorney of 30.12.2013 N 119-13 / 93, from other persons the representative did not appear, duly notified, having considered in an open court session in the courtroom in hall N 3 the appeal of the open joint-stock company "Grid Company" against the decision of the Arbitration Court of the Republic of Tatarstan dated July 16, 2014 in case N A65-5249 / 2014 (Judge Spiridonova O.P.) on the claim of the Homeowners' Association "Dom on Naberezhnaya", g Kazan, RT, (OGRN1051629007561, TIN 1657051998) to the Open Joint Stock Company to the company "Tatenergosbyt", Kazan, RT, (OGRN 1091690003481, TIN 1657082308) to the Open Joint Stock Company "Grid Company", Kazan, RT, (OGRN 1021602830930, TIN 1655049111) third parties: Limited Liability Company NPP "Agora" , Kazan, RT, Limited Liability Company "Sprint", Moscow, on determining the boundaries of the balance sheet ownership of electrical networks,

installed:

Homeowners' partnership "House on Naberezhnaya" (hereinafter referred to as the plaintiff) filed a claim with the Arbitration Court of the Republic of Tatarstan against the Open Joint Stock Company "Tatenergosbyt", the Open Joint Stock Company "Grid Company" (hereinafter referred to as the "Defendants") to determine the boundary of the balance sheet ownership of electrical networks - the outer wall of an apartment building at the address: Kazan, st. Absalyamova, 13.
The ruling of the Arbitration Court of the Republic of Tatarstan dated April 1, 2014 in accordance with Art. 51 of the Arbitration Procedure Code of the Russian Federation to participate in the case as a third party, not declaring independent claims on the subject of the dispute, the Limited Liability Company "Scientific and Production Enterprise "Agora", Kazan, RT is involved.
Determination of the Arbitration Court of the Republic of Tatarstan dated May 20, 2014 in accordance with Art. 51 of the Arbitration Procedure Code of the Russian Federation, City-Stroy Limited Liability Company, Kazan, RT, was involved in the case as a third party that does not file independent claims on the subject of the dispute.
The ruling of the Arbitration Court of the Republic of Tatarstan dated 03.06.2014 in accordance with Art. 48 of the Arbitration Procedure Code of the Russian Federation, the procedural succession of City-Stroy Limited Liability Company to SPRINT Limited Liability Company was made.
By the decision of the Arbitration Court of the Republic of Tatarstan dated July 16, 2014, the claim against the Open Joint Stock Company "Tatenergosbyt" was dismissed. The claim against the Open Joint Stock Company "Grid Company" was satisfied.
Disagreeing with the rendered judicial act, the open joint-stock company "Grid Company" filed an appeal with the court, in which it asks the decision of the court of first instance to cancel and adopt a new judicial act, and to dismiss the claim.
The appeal is motivated by the discrepancy between the conclusions of the court of first instance and the actual circumstances of the case and the incorrect application of substantive and procedural law.
Information about the acceptance of the appeal for proceedings, the progress of the case, the time and place of the court session is posted by the arbitration court on the official website of the Eleventh Arbitration Court of Appeal on the Internet at: www.11aas.arbitr.ru in accordance with the procedure established by Article 121 of the Arbitration Procedure Code of the Russian Federation.
In response to the appeal, the plaintiff asks to leave the decision of the court of first instance unchanged, the appeal - without satisfaction.
At the hearing, the representatives of the persons participating in the case supported their arguments.
Other persons participating in the case did not appear at the hearing, did not ensure the presence of their representatives, were duly notified, which, in accordance with paragraph 3 of Article 156 of the Arbitration Procedure Code of the Russian Federation, entitles the court to consider the case in their absence.
Having examined the case materials, having studied the arguments of the appeal, having checked, in accordance with Articles 258, 266, 268 of the Arbitration Procedure Code of the Russian Federation, the legitimacy of the application by the court of first instance of the norms of substantive and procedural law, the compliance of the conclusions contained in the judicial act with the circumstances established in the case and available in case of evidence, the Eleventh Arbitration Court of Appeal concluded that there were no grounds for canceling or amending the judicial act adopted by the arbitration court of first instance.
As follows from the materials of the case, on 01.01.2007 JSC "Tatenergosbyt" and HOA "House on Naberezhnaya" concluded an agreement for the supply of power to the objects of a legal entity (case sheet 12-14 v. 1) for the purpose of supplying electricity to a residential building at the address: Kazan , st. Absalyamova, 13.
25.02.2005 JSC "Grid Company" and HOA "House on Naberezhnaya" signed: an act of delimitation of the balance sheet ownership of power grids and operational responsibility of the power supply organization and the consumer (case sheet 15 v. 1); single-line power supply diagram (case sheet 17).
According to the act of delimitation of the balance sheet ownership of electric networks and the operational responsibility of the power supply organization and the consumer, the boundary of the balance sheet ownership between the plaintiff and JSC "Grid Company" is established by VRU-10kV RP-100 cell. 15.20.
According to the current civil legislation, the contract for the supply of electrical energy is a public contract, it is subject to the requirement of paragraph 4. Art. 426 of the Civil Code of the Russian Federation that the terms of the contract must comply with the rules issued by the Government of the Russian Federation, binding on the parties when concluding and executing public contracts.
By virtue of paragraph 5 of Art. 426 of the Civil Code of the Russian Federation and in accordance with the position set forth in the Decree of the Presidium of the Supreme Arbitration Court of the Russian Federation N 5290/09 of September 22, 2009, the terms of a public contract that do not comply with the mandatory rules established by the Government of the Russian Federation (in this case, Rules N 491 of August 13 .2006, Rules N 307 of 23.05.2006), are void.
According to Part 1 of Art. 539 of the Civil Code of the Russian Federation, under an energy supply agreement, an energy supplying organization undertakes to supply energy to the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy, as well as comply with the mode of its consumption provided for by the agreement, ensure the safety of operation of the energy networks under its control and the serviceability of the devices used by it and equipment related to energy consumption.
In accordance with Part 1 of Art. 541 of the Civil Code of the Russian Federation, the energy supply organization is obliged to supply the subscriber with energy through the connected network in the amount stipulated by the energy supply agreement, and in compliance with the supply regime agreed by the parties.
The amount of energy supplied to the subscriber and used by him is determined in accordance with accounting data on its actual consumption.
According to Part 1 of Art. 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with the energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties.
According to Part 1 of Art. 135 of the Housing Code of the Russian Federation, a non-profit organization, an association of owners of premises in an apartment building for the joint management of a complex of real estate in an apartment building, ensuring the operation of this complex, possession, use and, within the limits established by law, disposal of common property in an apartment building.
In accordance with paragraph 4 of Art. 138 of the Housing Code of the Russian Federation, an association of homeowners is obliged to ensure the proper sanitary and technical condition of common property in an apartment building.
According to Art. 36 of the Housing Code of the Russian Federation, owners of premises in an apartment building own, on the basis of common shared ownership, premises in this building that are not parts of apartments and are intended to serve more than one room in this building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are engineering communications, other equipment serving more than one room in this house (technical basements), as well as roofs enclosing load-bearing and non-bearing structures of this house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more than one room, the land plot on which this house is located, with landscaping and landscaping elements and other objects intended for maintenance, operation and improvement of this house located on the specified land plot.
The Court of First Instance made the correct conclusion that the Homeowners Association is only responsible for the maintenance of engineering equipment, which relates to the common property of the owners of premises in an apartment building. The HOA cannot be responsible for equipment located outside the boundaries of the apartment building, and, accordingly, should not face the adverse consequences associated with the operation of this equipment.
The subscriber is obliged to pay only those losses that occur in the networks belonging to him, while imposing on the subscriber the responsibility and burden of maintaining electric networks that do not belong to him is contrary to the law.
According to par.

8 Rules approved by Government Decree N 491 of 08/13/2006 by the external border of networks of electricity, heat, water supply and sanitation, information and telecommunication networks (including networks of wired radio broadcasting, cable television, fiber optic network, telephone lines and other similar networks) that are part of the common property, unless otherwise established by the legislation of the Russian Federation, is the outer boundary of the wall of an apartment building, and the boundary of operational responsibility in the presence of a collective (general house) metering device of the corresponding communal resource, unless otherwise established by agreement between the owners of the premises and the utility contractor services or resource-supplying organization is the junction of a collective (general house) metering device with the corresponding engineering network included in an apartment building.
Given that the disputed electrical networks (from RP-100 to the outer wall of a residential building on the street.

Absalyamova, 13, Kazan) are outside the outer boundaries of the walls of a residential building, in connection with which, in accordance with paragraph 8 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491, the court of first instance came to a reasonable conclusion that they are external and cannot be the common property of the owners of apartments in the said building.
According to the Rules for the provision of public services, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 307, owners of premises in an apartment building pay a fee for the volumes (quantity) of cold water, hot water, electric energy, gas and heat energy purchased from a resource supply organization, as well as for water disposal services provided based on the readings of metering devices installed at the border of networks that are part of the common property of the owners of premises in an apartment building, with utility infrastructure systems.
In connection with the foregoing, operational responsibility begins at the junction of the electrical energy meter, balance affiliation begins from the outer boundary of the wall of an apartment building.
In the house N 13 on the street. Absalyamov, Kazan, a house-wide electric energy meter was installed and put into operation.
According to paragraph 8 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491:
- - the outer boundary of the power supply networks that are part of the common property, unless otherwise established by the legislation of the Russian Federation, is the outer boundary of the wall of an apartment building;
- - the boundary of operational responsibility in the presence of a collective (general house) metering device of the corresponding communal resource, unless otherwise established by an agreement between the owners of the premises with the utility service provider or the resource supply organization, is the junction of the collective (common house) metering device with the corresponding engineering network included in the apartment building .
A common house metering device designed to determine the volume of electrical energy supplied to an apartment building is installed at the boundary of the networks at the input to the house - the outer boundary of the wall of an apartment building.
It follows from the materials of the case that OJSC "Grid Company", being a city operating organization that owns the city's power supply networks as a local monopolist, does not have the ability to connect to other networks.
The operational responsibility of the HOA begins at the junction of the shut-off valve with external networks, installed on the heating network on the inside of the apartment building, and if there is a common house metering device, the junction of such a device.
The plaintiff applied to the court with a demand to bring into line with the current legislation the boundary of the balance sheet of the electrical networks of the Home Owners Association "House on Naberezhnaya", Kazan, by determining the boundary of the balance sheet of the electrical networks - the outer wall of an apartment building at the address: Kazan, st. Absalyamova, 13.
From the case file it follows that the third party OOO NPP "Agora" carried out the construction of a residential building at the address: Kazan, st. Absalyamova, 13, according to the specifications N 218-114-3581 of December 3, 2003 issued by the Kazan Electric Networks (KES) and the certificate of compliance with the technical conditions N 1643 of December 21, 2004 (case sheet 55-57 v. 1).
According to the technical conditions N 218-114-3581 dated 03.12.2003 for connection of power to the network of JSC "Tatenergo" (case sheet 55), a capacity of 580kRt was connected to supply a 9-storey residential building on the street. Absalyamov, i.e. LLC NPP "Agora" did not transfer the disputed network to the HOA "House on Naberezhnaya".
Evidence of the transfer of the disputed electrical networks from NPP "Agora" LLC to the HOA "House on Naberezhnaya" was not presented to the court.
On 01.01.2007 JSC "Tatenergo" (guaranteeing supplier) and HOA "House on Naberezhnaya" (consumer) signed a power supply contract for a legal entity N 7262 E (case sheet 12-14). The contract is concluded for the purpose of providing a utility service of electricity supply at an energy supply facility, which is managed by the consumer. The supplier of last resort undertakes to sell electricity and, through involved third parties, to provide services for the transmission of electricity and other services that are inextricably linked with the process of supplying electricity (clause 1.1 of the agreement).
— 02/25/2005 between Kazan Electric Networks represented by I.V. Kirilov, Chief Engineer of SRES KES. and HOA "House on the Naberezhnaya" signed an act of delimitation of the balance sheet ownership of electrical networks and operational responsibility of the energy supply organization and the consumer (l.d.

15 v. 1);
- According to the act of delimitation of the balance sheet ownership of electric networks and the operational responsibility of the power supply organization and the consumer, the boundary of the balance sheet ownership between the plaintiff and JSC "Grid Company" is set by VRU-10kV RP-100 cells. 15.20, as well as installed metering devices.
On 09.09.2011, NPP Agora LLC and City-Stroy LLC signed an agreement for the sale and purchase of an electric grid facility N 20, according to which NPP Agora LLC sells, and City-Stroy LLC buys an electric grid facility TP -2660 with electrical equipment and external cable lines in accordance with Appendix No. 1.
According to agreement No. 1 dated 09/09/2011 (l.d.

98, 99 v. 1) to contract N 20 dated 09.11.2011 (purchase and sale of an electric grid facility) City-Stroy LLC assumed an obligation to maintain and formalize its rights to the building TP-2660 and a land plot under him. According to the said agreement No. 1 LLC NPP "Agora" sold the power grid facility to OAO "City-Stroy" without registering the ownership, which is separately stipulated by the terms of the agreement (paragraph 1, clause 1.1 of the agreement).
Evidence that the ownership of the transferred electric grid facility was subsequently registered by City-Stroy OJSC (Sprint LLC) was not presented in the case file.
In the absence of evidence of registration of ownership, the court of first instance made the correct conclusion that the owner of the disputed networks and TP-2660 is NPP Agora LLC.
According to the specifications N 218-114-3581 dated 03.12.2003, issued by the Kazan electrical networks and certificates of compliance with the specifications N 1643 dated 12/21/2004 (case file 55-57 v. 1) disputed electrical networks and transformer substation N -2660 were built by LLC NPP "Agora" during the construction of a residential building at the address: Kazan, st. Absalyamova, 13.
In accordance with the certificate N 226 dated 03/05/2005 (case sheet 57 v. 1), a single-line diagram was drawn up; in the certificate only the house on the street is indicated. Absalyamova, 13.
OOO "City-Stroy" was building a residential building at the intersection of the street. Absalyamova - Chistopolskaya, Kazan.
LLC "City-Stroy" applied to LLC NPP "Agora" to connect its newly laid networks to the existing networks in TS-2660, for which LLC NPP "Agora" was offered to LLC "City-Stroy" to compensate for part of the costs incurred on construction of an electric grid facility or purchase of this facility.
According to the technical specifications N 218-114-0371 for the technological connection of the electric power of legal entities to the distribution electric networks of JSC "Grid Company", approved by JSC "Grid Company" on 07/07/2011 and signed by JSC "Grid Company", Kazan Electric Networks and LLC NPP "Agora" without disagreement (case sheet 47, 48 v. 2) OJSC "Grid Company" Kazan Electric Networks, on the basis of an agreement on the implementation of technological connection of power receiving devices, allowed the connection of electric power to the applicant - LLC NPP "Agora", for power supply also and a residential building with non-residential premises on the street. Chistopolskaya, 16/15 on the basis of application N 0371 dated 06/06/2011, location of power receiving devices: Kazan, Chistopolskaya, 16/15, points of connection to the grid facility of JSC "Grid Company" are: existing cable lugs in the switchgear -10kV RP-100 cell. N 15 and cell. N 20 (clause 3.1 of the technical conditions).
It follows from the materials of the case that other consumers are also connected to the disputed networks.
The act of inspection dated 06/30/2014, signed with the participation of the plaintiff and the defendants, recorded that the cable by air from TP-2660 goes to the private sector: houses 6V on the street. Lower Peat. The cable by air goes beyond the poles of external lighting of the highway along the street. Sibgat Hakim.
The power grid facility, namely: TP N -2660, was built by NPP Agora LLC during the construction of a residential building at the address: Kazan, st. Absalyamova, d. 13, according to the specifications N 218-114-3581 of 03.12.2003 issued by the Kazan Electric Networks (KES) and the certificate of compliance with the specifications N 1643 of 12/21/2004.
Since NPP Agora LLC did not transfer the disputed networks to the plaintiff, and the subsequent agreement between NPP Agora LLC and City-Stroy LLC was not registered, the court of first instance came to a reasonable conclusion that NPP Agora LLC was the owner of the disputed networks ", and the plaintiff, as an HOA, is only responsible for the maintenance of engineering equipment, which relates to the common property of the owners of premises in an apartment building and is not responsible for equipment located outside the boundaries of an apartment building.
Taking into account that JSC "Tatenergosbyt" is a sales company not responsible for the technical connection of disputed networks, the court of first instance rightfully dismissed the claim against JSC "Tatenergosbyt", the claim against JSC "Grid Company" was reasonably satisfied.
In view of the foregoing, the Court of Appeal rejects the arguments of the appeal.
The appeal does not contain arguments refuting the conclusions of the court of first instance.
The contested decision was made by the court of first instance reasonably, in accordance with the requirements of substantive and procedural law, the conclusions contained in it correspond to the factual circumstances established in the case and the available evidence. Violations of the norms of procedural law, which, by virtue of Part 4 of Article 270 of the Arbitration Procedure Code of the Russian Federation, are an unconditional basis for the annulment of a judicial act, the arbitration court of appeal has not established.
In accordance with Article 110 of the Arbitration Procedure Code of the Russian Federation, the costs of paying the state fee on an appeal are borne by the applicant.
Guided by articles 110, 268 - 271 of the Arbitration Procedure Code of the Russian Federation, the Eleventh Arbitration Court of Appeal

decided:

The decision of the Arbitration Court of the Republic of Tatarstan dated July 16, 2014 in case N A65-5249 / 2014 is left unchanged, the appeal is not satisfied.
The decision shall enter into force on the date of its adoption and may be appealed within a period not exceeding two months to the Arbitration Court of the Volga District.

presiding judge
S.A.KUZNETSOV

Judges
V.A.MOROZOV
K.K.TURKIN

Page 2 of 16

2. Boundaries of balance sheet ownership and operational responsibility of the parties.

*2.1. The boundaries of the balance sheet ownership and operational responsibility between the consumer (sub-consumer) and the power transmission organization (main consumer) for the technical condition and maintenance of adjacent electrical installations are fixed in the act of delimiting the balance sheet ownership of electrical installations and the operational responsibility of the parties.
The boundary of operational responsibility may not coincide with the boundary of the balance sheet, which is determined by the ownership right of the consumer and the power transmission organization (main consumer) to individual elements of the electrical network, what is noted in the act of delimitation of the balance sheet ownership of electrical installations and the operational responsibility of the parties.
2.2. The boundary of operational responsibility between the consumer and the power transmission organization for the technical condition and maintenance of electrical installations with voltage up to 1000 V is established:
1) in the case of an air branch - at the point of attachment of the wires of the power line to the first insulators on the building or on the pipe rack, or at the input terminals of the first switching device installed on the input device of the consumer's building;
2) in the case of cable entry - on the lugs of the power cable connected to the input terminals of the first switching device installed in the input device of the consumer's building.
The power transmission organization is responsible for the technical condition of the contact connections at the border of the balance sheet and at the border of the operational responsibility of the power grid in houses that belong to housing organizations, institutions and other non-production consumers.
2.3. The limit of operational responsibility for the technical condition and maintenance of electrical installations with a voltage of 1000 V and above is established:
1) on the connector of the overhead line bushing on the outside of closed switchgears or at the wire outlet from the tension clamp of the portal tension string of insulators of open switchgears;
2) on the tips of cable or air inlets of supply or distribution lines.
The technical condition of the connections specified in subparagraphs "1)" and "2)" is the responsibility of the organization that operates the substations (switchgears).
The boundary of responsibility for the condition and maintenance of power lines with a voltage of 1000 V and above, having branches (deaf or through disconnectors), which belong to different organizations, is established on the main line support, where the soldering is carried out.
The organization that owns the main line is responsible for the technical condition of the clamps that connect the tap.
*2.4.

Balance affiliation of electrical networks and acts of delimitation

The boundary of operational responsibility between the consumer - an individual, the association of co-owners (owner) of apartment buildings and / or the owner of electrical networks for the technical condition and maintenance of adjacent electrical installations is established:
1) for apartments in multi-storey buildings at the output terminals of the settlement means of accounting for floor or apartment switchboards or the input terminals of switching devices, if the latter are installed inside the apartment;
2) for individual houses:
in the case of a branch from the power line with an uninsulated wire - at the point of attachment of the wires of the power line to the first insulators on the building or on the pipe rack (with air input);
in the case of a cable entry or the use of an insulated wire when branching from a power line - on the lugs of the power cable or insulated wire on the input device of the building, if the input distribution device is located inside the building, or on withdrawals ??? terminals of the settlement metering device, if the input-distributing device and the metering device are located outside the building.
The electric transmission organization is responsible for the state of contact connections at the boundary of operational responsibility and at the input and output terminals of sealed settlement metering devices. .
2.5. Another reasonable limit of operational responsibility may be established, which is due to the peculiarities of the operation of electrical installations or relay protection and automation devices (RPA) and communications (requirements PTB note ES).
**2.6. For the maintenance and operation of electrical installations, a business entity that, in accordance with the act of balance ownership and operational responsibility of the parties, is responsible for the operation of these electrical installations, has the right, on the basis of a relevant contract, to involve any organization that has the right to perform such work.
*2.7. If electric networks are connected to the electric networks of an electric transmission organization, which, on the basis of ownership, do not belong to any business entity and through which electric energy is transmitted to the technological electric networks of the consumer, the boundary of operational responsibility and the point of sale of electric energy is established on the border of the balance sheet ownership of the consumer.
Such electrical networks, in accordance with the procedure established by the legislation of Ukraine, must be transferred to the economic management of the power transmission organization to whose networks they are connected. .

Coordination of the boundaries of balance sheet ownership and operational responsibility (Sholomova E.V.)

Acts of operational responsibility

To determine the border, when part of the territory where one balance holder is responsible, goes into the zone of another, help operating responsibility acts and balance sheets. Basically, the boundary follows on the bolted cable lugs. So the cable can be on the balance sheet of one organization, and the shield, circuit breakers and other accessories - on the other. Simply put, this act is a regulatory document that determines who should be responsible for what.

What is the form of the act of delimitation of operational responsibility

The act must be competently and carefully worked out, but the state has not established a clear format for its contents. As a rule, companies offer owners a fully compiled delimitation of operational responsibility, and they sign it without delving into the contents. This act is an appendix and addition to the apartment building management agreement.

The act of delimitation of the operational responsibility of the parties

And it is a must to make it.

The difference between the concepts of balance sheet ownership and the act of operational responsibility of the parties

Balance affiliation is not the same as operational responsibility. It should be understood that the boundaries in the document do not always match. The line that determines the balance sheet property divides those who actually own the equipment. But those who must maintain the equipment are determined by act of operational responsibility of the parties. The two lines are marked in red and blue, respectively, and should not be confused. Electrical equipment is serviced by a special organization in a planned manner, and its use must be carried out in accordance with the standards.

How to draw up an act of delimitation of operational responsibility of the parties

The process of issuing this document is quite expensive, long and tedious. This is especially due to the fact that its shape is constantly changing. Only the obligatory presence of the names of the parties, the object and the reason for connecting to the power grid does not change.

Get it done quickly and cheaply act of delimitation of the operational responsibility of the parties the Center for Energy Solutions and Innovations will help. This company will provide services for obtaining an act in a short time and with minimal cash costs. You can submit an application on the company's website http://center-energo.com or contact the number listed in the contact section.

Modern living conditions require more and more benefits every day in terms of provided utilities. Many people cannot imagine their life without hot water, on-time heating and uninterrupted Internet connection. Of course, everyone understands that the agreed benefits of civilization require not only timely payment, but also constant monitoring and repair of their supply routes. For this, certain documentation is created, for example, an act of delimiting the balance sheet of heat networks, an act of delimiting the operational responsibility of water pipes or electrical equipment.

Maintaining all types of communications in working order is, first of all, the cost of repairing and replacing equipment, and such expenses in the financial statements must be documented. Agree, when an accident occurs, first of all, it will be important for people how quickly the breakdown is eliminated, and questions about who should deal with this will fade into the background.

To solve such housing and communal problems, residents of apartment buildings turn to management companies (UK), homeowners associations (HOAs), the Housing and Construction Cooperative (HCC) and other similar organizations. These institutions are entrusted by property owners to carry out all actions to provide their homes with the necessary resources and housing benefits. In turn, management companies, HOA and housing cooperatives enter into agreements with resource-supplying organizations on beneficial interaction.

The boundaries of the balance belonging of heat networks

Often, in large and provincial cities, most apartment buildings appeared in the distant times of the last century, so communication routes often become unusable due to age and operational development. If we talk about heating systems, they begin to demand the attention of repair services from the beginning of the heating season, when the pressure of hot water quickly finds all possible defects in old and rusty pipes. It is in such cases that the question arises of who should take responsibility, fix the problems and provide people with heat in their homes in a matter of hours.

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To delineate responsibilities for the care of communication supply routes, there is a special agreement between the organization supplying resources and the management company (HOA or HBC), which is responsible for home improvement. Depending on this agreement, the boundaries of the balance sheet ownership of heat networks are determined. That is, a certain line of demarcation is established between the parties to the agreement, which determines who and for which section is responsible, and, consequently, will carry out repairs. Such an agreement between the supplier of resources and the party consumed by them is called an act of delimitation of balance sheet ownership and delimitation of operational responsibility.

The concept of the boundary of the balance sheet

Before finding out who and for which segment of the communication paths will be responsible, and keep it in order, it is necessary to determine whose property it is, that is, who has it on the balance sheet. For this, there is such a thing as balance affiliation.

The boundaries of the balance sheet ownership are conditional lines indicating where the ownership of the communication networks of the resource-providing organization ends and the site owned by the management company begins.

Common property of the owners of the premises

According to Art. 36 of the Housing Code of the Russian Federation, the list of common property of the owners of the premises covers:

The concept of the boundaries of operational responsibility

Operational responsibility imposes on the owner of the communication paths the responsibility for the care, control of their use, as well as the elimination of all problems that have arisen. For this, an agreement is also created that delimits the supply routes into areas of operational responsibility. Depending on where the boundaries of operational responsibility lie, and determine who will make the necessary repairs.

If there are no lines defining operational responsibility, they are set in accordance with the boundary of the balance sheet.

There are also cases of other options for defining boundaries. They are established by agreement between the owner-consumer and the company supplying the resources. Also, the demarcation line may coincide with the junction of the collective (common house) metering device with the corresponding engineering network included in the apartment building.

The boundaries of balance sheet ownership and operational responsibility are officially fixed in the act of the same name.

Act of delimitation of balance sheet ownership

When the construction of a residential building enters the final stage, it is imperative to conclude agreements with all resource supply companies on supplying the building with certain resources. But before formally signing agreements, you need to determine:

After determining the above boundaries, an act of delimitation of the balance sheet ownership of heat networks and delimitation of their operational responsibility is signed.

Features of the conclusion of the act

In order for the agreement on the delimitation of duties along the ways of supplying resources (in this case, the heating network) to be valid, you need to pay attention to the features of its conclusion:

1. The contract is concluded in writing between two parties, one of which is a resource-providing organization, the other is a management company acting on behalf of consumers of apartment buildings.
2. The act is in triplicate. One document should be in the hands of both parties, and the third should be with the company that will act as an intermediary during disputes that arise.
3. The act of balance sheet ownership and operational responsibility is a technical document, a form of displaying an agreement, which is mandatory when signing a heat supply contract.

If the heat supply agreement does not contain conditions for the provision, maintenance and safety of the operation of networks, appliances and equipment, then it will be declared void.

Parties to the conclusion of the contract

Heat supply company

In order for a heat supply company to obtain the rights to its activities and the corresponding decision from the state authorities or local government, it must meet certain criteria:

• Have the right of ownership to the source of thermal energy and thermal networks located on the territory of its activity;
• To have the amount of capital corresponding to the norms of the legislation;
• Be able to provide reliable heat supply.

The state competent authorities have the right to inquire about these criteria to the heat supply company and, before making a decision, entrust it with a certain task.

What is the essence of the heat supply contract

According to the content of the Federal Law "On Heat Supply" and Decree of the Government of the Russian Federation of August 8, 2012 N 808 "On the organization of heat supply in the Russian Federation and on amendments to some acts of the Government of the Russian Federation", a heat supply agreement is an agreement between a heat supply organization that undertakes to to supply thermal energy and/or heat carrier, and by the consumer of thermal energy, who is obliged to accept and pay for thermal energy and/or heat carrier, observing the mode of consumption of thermal energy.

Mandatory conditions for signing an agreement on cooperation and supply of thermal energy are:

The agreement on cooperation in the supply of thermal energy to consumers of apartment buildings is drawn up in two copies, one for each signatory.

Summing up the above, one should once again note the need to conclude an act that distinguishes between the balance sheet ownership of heating networks and the operational responsibility of the parties. It is this document that will come to the rescue on cold winter days, when it will be necessary to determine the person responsible for the repair of heat supply networks. In addition, he will be able to prove the reliability and validity of expenses during the financial statements of an accountable person who has this site on his balance sheet.

I. The boundary of operational responsibility between the common property in an apartment building and personal property - the premises of the Owner is:

1. Boundary on the system of hot, cold water supply and heating- the first disconnecting device (the first valve) from the riser pipelines located in the room (apartment). Operational responsibility for the tightness of the threaded connection of the intra-apartment pipeline, with the first disconnecting device, lies with the Owner (tenant). Responsibility for intra-apartment pipelines and plumbing equipment, metering devices, wiring of the heating system in the apartment, heating appliances and a heated towel rail located in the room is borne by the Owner (tenant). Operational responsibility for the riser pipes from the pipelines and the first disconnecting device lies with the Managing Company.

In the absence of the first disconnecting device, the boundary of responsibility is the first welded (threaded) connection of the intra-apartment pipeline with the riser pipeline. Operational responsibility for the tightness of the threaded connection of the intra-apartment pipeline with the riser pipeline lies with the Owner / Tenant.

2. Sewerage border- the place of connection of the plumbing fixture and (or) the intra-apartment pipeline to the socket of the tee of the common house sewer riser. Operational responsibility for the condition of the elements of the intra-apartment sewer wiring and the tightness of the connection of the plumbing fixture and (or) the pipeline lies with the Owner (tenant).

The managing organization is operationally responsible for the technical condition of the risers of the common house sewerage system serving more than one room in an apartment building, including the condition of the tees.

3. Border on the power supply system- The managing organization is operationally responsible for the condition of the house electrical network from the inlet switchgear to the first connecting terminals on individual metering devices, and if there is input equipment up to the metering device, to its first connecting terminals. In the absence of a metering device, to the first connecting terminals of the disconnecting device. The apartment electric meter does not belong to the common house property.

4. Border on building structures- The owner / tenant is responsible for the condition of the inner surface of the walls of the room (apartment), fencing of balconies or loggias, frames, window fillings and the entrance door to the room (apartment). Wall insulation works are carried out as part of a major overhaul on the basis of a decision made by the Owners at a general meeting at the expense of the Owners.

5. Border by gas supply system- shut-off fittings (valve at the outlet from the riser).

II. The external boundaries of the operational responsibility of the Managing Organization under the Contract are determined by:

1. For maintenance of the local area within the boundaries of the site, according to the BTI passport and (or) the cadastral plan.

2. The external border of networks of electricity, heat, water supply and sanitation, which are part of the common property, unless otherwise established by the legislation of the Russian Federation, is the outer boundary of the wall of an apartment building, and the boundary of operational responsibility in the presence of a collective (common house) metering device of the corresponding communal resource is the junction of the collective (common house) metering device with the corresponding engineering network included in an apartment building.

3. External border of gas supply networks, is the junction of the first locking device with an external gas distribution network.

Application No. 5

ACT-1 establishing the fact of non-provision of utility services

Or the provision of public services of inadequate quality

"______" ________________ 20 ____ year _________ hour. _________min. No. ___________

Address of the utility supply object: ________________________________________________

LLC Management Company "Comfortservice Zavolzhsky District" represented by: __________________________________________________

Resource supply organization: ____________________________________________________________

Consumer (Owner, House Council): ______________________________________________________

Signatures of the parties:

OOO Management Company "Comfortservice Zavolzhsky District" ___________________________________________________________

Resource supplying organization ________________________________________________________________

Consumer (Owner, House Council) _______________________________________________________________

ACT-2 on the restoration of the provision of public services

Or the provision of public services of adequate quality

for ______________________________ 20 ____

"______" _______________ 20 ____ year _________ hours _________min. No. ___________

Address of the object of supply of public services: ______________________________________________________________

This act was drawn up by the commission in the presence of representatives of:

OOO Management Company "Comfortservice Zavolzhsky District" _______________________________________________________

Resource supply organization: ______________________________________________________________

Consumer (Owner, House Council): ________________________________________________________

The nature of claims to the quality of communal resources:

Signatures of the parties:

OOO Management Company "Comfortservice Zavolzhsky District" ____________________________________________________

Resource supplying organization ______________________________________________________________

Consumer (Owner, House Council) _________________________________________________

In case of non-appearance of any of the parties or refusal to sign, an appropriate entry is made in the act.

In the event that a representative of LLC Management Company "Comfortservice Zavolzhsky District" does not appear within the prescribed period, this act is drawn up with the participation of representatives of the network organization.

Application No. 6

to the contract for the management of an apartment building

from "______" _____________________ 20_____

Guidelines for the use of premises and equipment located in them,

In residential and non-residential apartment buildings.

I. Requirements for consumers to comply with the rules for using the premises

1. Consumers using premises in an apartment building must comply with the following requirements:

2. Use the premises in accordance with its purpose, as well as taking into account the restrictions on use established by housing legislation.

3. Comply with the requirements of housing legislation; fire safety requirements; rules for the use of electrical and thermal energy; rules for the use of water supply and sanitation systems; safety rules in the gas industry; rules for using passenger elevators; rules for the protection and maintenance of green spaces, as well as other rules, norms, norms and standards established by the current legislation, regulatory legal acts of local governments.

4. Take care of the premises, common property of MKD, sanitary equipment serving more than one premises, ensure their safety. If malfunctions are detected or an accident occurs, or from the moment you receive information about it, immediately report the incident by calling the emergency dispatch service in order to take possible measures to eliminate malfunctions and accidents.

5. Before moving into a residential property owned by the Owner or in cases of non-use by the Owner or other User of non-residential premises, bear the costs of paying utility bills and paying for the maintenance and repair of the common property of the MKD.

6. Do not allow waste that clogs the sewer to be dumped into the sanitary unit, do not pour liquid household and food waste, flammable and aggressive liquids into the garbage chute.

7. In winter, the Owner and / or other User of the residential premises, as snow accumulates on the balconies and canopies of balconies, is obliged to clean the balconies and canopies from snow and icicles, observing safety precautions in relation to third parties.

8. In winter, the Owner and/or other User of the premises is obliged to ensure the safety of structures protruding beyond the boundaries of the cornice overhang, to install protective screens, decking, sheds to prevent damage to structures during work on dropping snow, ice, knocking icicles off the roof of the Building. As snow and ice accumulate on low tides, clear snow and ice, observing safety precautions in relation to third parties.

9. Notify the Managing Organization about the installation of commercial metering devices and coordinate the change of heating devices, as well as the reconstruction of electrical networks and an increase in the power of household electrical appliances.

10. Provide free access to all engineering networks serving more than one premises, located inside a residential / non-residential premises.

11. Involve representatives of the Managing Organization to conduct surveys and checks of the sanitary and technical condition of MKD and the local area in case of complaints about the quality of services for the maintenance and repair of common property.

12. At a pre-agreed time, provide access to the occupied residential / non-residential premises for employees of the Managing Organization and specialists of organizations - utility providers to conduct inspections, repair work, eliminate accidents on utility networks and general-purpose equipment, monitor the operation of metering devices, technical and sanitary condition Buildings. In the absence of the Owner and/or other User of the premises in the event of an emergency, the Owner and/or other User of the premises is obliged to provide access to the occupied residential/non-residential premises to a representative of the Management Organization to eliminate the accident through authorized persons. Authorized persons, their surnames, first names and patronymics, contact numbers are submitted in advance in writing to the Managing Organization. In the event of obstacles to access to the occupied residential / non-residential premises, the Managing Organization shall not be liable for damage caused to third parties resulting from an emergency.

13. Comply with the procedure established by housing legislation for the reconstruction and redevelopment of residential / non-residential premises and utility rooms, as well as the common property of MKD.

15. When changing the amount of the fee for the maintenance and repair of the premises for tenants of residential premises by reducing the size of such a fee, approved at the general meeting of the Owners of the premises of the MKD, the Owner, who is the landlord of his premises, is obliged to notify the Managing Organization in writing and make an additional payment to the latter of the corresponding difference, in the manner and on the terms established by the agreement with the Managing Organization.

16. Do not install, connect and use electrical household appliances and machines with a capacity exceeding the technological capabilities of the intra-house electrical network, as well as additional sections of heating devices, control devices and valves not intended for use at home.

17. The maximum allowable power of appliances, equipment and household machines that a consumer can use to meet domestic needs depends on the year of construction and commissioning of the MKD and is:

18. For houses built and put into operation before 1964 - 2.5 kW.

19. For houses built and put into operation in the period from 1964 to 1989: with a natural gas stove - 3.0 kW; with an electric stove - 7 kW.

20. For houses built and put into operation in the period from 1989 to 2003: with a natural gas stove - 3.6 kW; with an electric stove - 7 kW.

21. For houses built and put into operation in the period from 2003 to the date of conclusion of this agreement: with a natural gas stove - 4.5 kW; with an electric stove - 7 kW.

22. The estimated power of household appliances used is:

23. TV, DVD player, music center, computer, refrigerator - 0.2 - 0.5 kW; electric kettle - 1.0 - 2.0 kW; vacuum cleaner, hair dryer, iron, microwave oven - 0.7 - 1.5 kW; air conditioning, heater - 1.5 - 2.5 kW; washing machine - 1.5 - 2.5 kW. When using household appliances, Owners / Tenants are obliged to take into account their total power, not allowing the maximum permissible power to be exceeded, permitted for the building in which the apartment is located.

24. Do not connect or use household appliances and equipment, including individual water purification devices that do not have a technical passport (certificate), do not meet the safety requirements for operation and sanitary and hygienic standards.

25. Do not violate the existing schemes for accounting for the supply of utilities.

26. Do not use the coolant in heating systems for other than its intended purpose (drain water from the heating system).

27. Observe the following requirements and do not:

- reorganization and (or) re-equipment, transfer of engineering systems, networks and equipment related to the common property of MKD, as well as other common property of MKD, including landings;

- installation of improvised safety devices, obstruction (including the installation of doors or bars) of corridors, passages, stairwells, emergency exits, approaches to utilities and shutoff valves. Do not clutter up or pollute evacuation routes and common areas with your property, building materials and (or) waste;

- installation of enclosing structures around risers and deck chairs for cold and hot water supply, sewerage, gas and heat supply, excluding or complicating their inspection, repair or replacement without dismantling such structures;

- do not install and dismantle individual (apartment) resource metering devices without the consent of the Managing Organization, i.e. do not violate the established procedure for the distribution of consumed utility resources attributable to the Owner's premises and their payment;

- not to allow the performance of work or the commission of other actions that lead to damage to the premises or structures of the building, not to reorganize or redevelop the premises without agreement in the manner established by the Legislation of the Russian Federation and this Agreement;

- not to allow the production of work in the premises or the commission of other actions that lead to damage to the common property of the MKD;

- do not use passenger elevators for transporting building materials and waste without packaging (if there are elevators);

- do not create increased noise in residential premises and common areas.

II. Requirements for owners of premises in an apartment building,

The act of delimitation of balance and operational responsibility is a document that is necessary to regulate relations between the supplier of various resources (electricity, water, gas, heat, etc.) and the consumer.

FILES

Goals and objectives of the act

The main purpose of this act is to clearly define the boundaries beyond which lies the area of ​​responsibility of the resource supplying organization and the consumer. At the same time, in the legislation of the Russian Federation there is no unambiguous definition of the concept of "separation of balance and operational responsibility", and there are no explanations about how exactly it should occur.

More or less you can understand this only with a careful study of regulatory documents.

The line that separates the general network from the network of a specific owner is considered to be the boundary of the balance sheet ownership.

That is, for example, if we are talking about an apartment building, then there is a division of networks related to the list of common property and others.

Documented differentiation is made by signing an appropriate agreement between the parties, as well as drawing up a special act. It happens that an agreement cannot be reached (as a rule, due to the fact that the resource provider unreasonably expands the client's area of ​​responsibility) - in this case, the delimitation takes place in court.

So, based on the foregoing, we can conclude that separation is necessary so that each party has an idea of ​​​​who exactly serves this or that section of communication networks, and also, in the event that damage or wear and tear of networks is established, they can understand exactly who is responsible for it. repair and restoration. In addition, the act becomes a point in the process of connecting newly built objects to communication networks.

If for some reason it is not possible to determine the operational responsibility, a balance affiliation is established - usually it corresponds to the line of the outer wall of a building or structure.

By mutual agreement of the parties, other ways of defining the boundaries are also possible.

What you need to draw up an act

As it becomes clear from the purpose of the document, it is equally necessary for both sides of the relationship.

If the act of delimitation is not drawn up by the resource supplying organization itself, then it is not so difficult to obtain it. To do this, you need to send a copy of the certificate of ownership, permission to carry out construction, documents on putting the facility into operation, etc. there. By the due date, you will be able to receive the deed.

Features of drawing up an act, general points

If you are faced with the task of forming an act of delimitation of balance sheet and operational responsibility, and you have no idea how to do it correctly, we recommend that you carefully read the tips below. Check out the sample document - based on it, you will probably be able to draw up your own form.

Today there is no single unified form of the act. This suggests that employees of resource supply companies have the opportunity to write it in any form or, if the organization has an approved document template, according to its type.

Regardless of which registration method is chosen, when writing an act, several general points must be taken into account that are common to all such papers. For example, it is necessary to ensure that the structure and content of the form meet certain standards of office work.

In other words, the act should be conditionally divided into three parts:

1. the so-called "header", where data about the document itself is entered;
2. the main block - includes data about the provider and consumer of services, the address and some individual technical characteristics of the object, etc. Quite often, a graphical layout of communications is also included here (however, it can also be attached as a separate document);
3. the conclusion is the fact of affirming the division of responsibility.

It is permissible to draw up an act on an ordinary blank sheet of any convenient format (generally applicable A4), by hand or type it on a computer - these values ​​\u200b\u200bdo not play a role in determining its legality. It is only important that the act be drawn up without errors and blots, and if any do occur, it is better not to correct them, but to draw up a new form.

In addition, the document must be endorsed with seals (provided that their use is enshrined in the accounting policy of the company).

The application is drawn up in three identical copies.

• One is sent to the service consumer,
• the second - to the controlling supervisory structure,
• the third - remains in the resource supplying organization.

The act must be signed by representatives of two parties: the resource provider and the recipient.

Sample document

At the beginning of the document it says:

• its full name;
• number and date of compilation;
• company names, positions and full names of their representatives;
• the address where the building or structure is located.

After that, the technical characteristics of the object are given (they can be arranged in the form of a table or a list), the boundaries of balance sheet ownership and operational responsibility are established.

If necessary, the form can be supplemented with any other information (depending on individual circumstances). All additional papers attached to the act should be noted as a separate item.

At the end, the document is signed by representatives of the parties.