Recalculation for utilities by counters. Application rules

Sometimes it turns out that for a certain period of time people are not at home (absolutely no one) and for this very period they need to prepare an application form for payment of utilities, or rather their recalculation. For example, the whole family went on vacation, or, you live alone and you have a long business trip on your nose, you decided to temporarily live in the country. But you never know situations can arise. So, Resolution 354 prescribes the possibility of changing the payment of utilities for the period of temporary absence of the apartment owners. This can only include services for which you do not have meters of any shape and configuration. After all, you yourself understand why you need to recalculate payments for light, if the meter readings will not change during the time you were absent (unless, of course, no one “hooked” on you illegally, but that's another story).

But before you write an appeal to the housing and communal services employees, you should know that the payment for which services cannot be changed in any order. Know how a revaluation is done, such as drainage. What determines the change in tariffs for waste and heating fees. Otherwise, how are you going to check how much the calculations of housing and communal services employees for their work during the period of your absence correspond to the truth. Government decree with serial number 354 is quite voluminous in content. Its study can take quite a long time.

It is much easier to write to an experienced specialist through the feedback form and get advice specifically on the item of the resolution that interests you.

Resolution 354 defines the procedure for recalculating payments for utilities in the temporary absence of the owner and people registered in the apartment for a period of at least 5 days. That is, it turns out that at this time the person did not use the housing and communal services, which means that he does not have to pay for this period. You must write a statement to the housing and communal services about how many days you will not be at home (were not) and according to the eighth chapter of Resolution No. 354, the payment will be recalculated for you. You can find a sample application on the Internet through search services, or you can not waste your time and contact the consultants on our website. An experienced lawyer available at the time of your request will help you draw up an appeal to the utility company in the manner prescribed by law.

Chapter 8 of the 354 decree clearly prescribes the specifics of changing the payment for utility services for the period of your absence. Let's look at what data must be indicated in the application for recalculating the amount of utility bills:

• details of the organization you are applying to (surname and initials of the head, exact name of the organization, address of the organization);
• personal data of the applicant (surname, patronymic, name where you live, telephone number by which housing and communal services employees can contact you if necessary);
• the essence of the statement is stated, briefly and concisely, without ambiguity and with the support of its request by the norms of the legislation (reference to 354 normative - legal act, excerpts from this resolution);
• an indication of the reason for the absence and the time period during which the apartment will be empty);
• the day when you leave the apartment and the day when you return to it;
• date, signature.

If you do not have documents confirming your absence, the recalculation made in advance will be canceled. And the cost of utilities for your apartment will be charged in full.

It is better to state your request in two copies, so that later the utilities could not refuse to fulfill their duties. It is better to go with the application to the housing and communal services after returning to the apartment. The recalculation will be performed in accordance with the legislation on the number of days of actual absence. In this case, the day on which you left and the day on which you returned will not be counted.

The main theses of the resolution

The period of your absence can be any (but not less than 5 days). Just do not overdo it, according to the law (of course, not according to 354, according to another regulatory legal act), which regulates the rules of registration at the place of residence and discharge, a long absence from the apartment in which you are registered may become the basis for removing you from registration without your consent. But that's another story, let's get back to Resolution No. 354.

Let's take a look at the main points of the eighth chapter, which shows which services, and in what order, can be recounted:

• recalculation of payment for water drainage (in other words, for sewerage) can be performed only if utilities recalculate the cost of hot and cold water for you;
• if a tariff with two rates is used, only variable indicators will be recalculated. The constant part of the fee, due to the fact that you were not at home for a period, will not change. You can learn more about this from the law regulating the tariffication of utilities;
• the recalculation will be carried out in proportion to the days of your absence, and, as we said above, the days of entry / exit will not be counted;
• if you submit an application to the housing and communal services before leaving, you will receive the recalculation result in 5 days; if you submit an application to the housing and communal services after arrival, you will receive the recalculation results within 30 days;
• subject to contacting utilities before leaving, the maximum period for which you can count on is six months (6 months). After this period, you will have to re-write the application, and so, every six months;
• payments for heating, gas supply (used for the same heating) and services for the general needs of the whole house cannot be recalculated.

There are a lot of nuances in terms of payment for utility services. 354, the normative act, of course, defines the procedure for carrying out this procedure, but not every layman can understand it. You cannot do without legal assistance from time to time. For professional advice, you can contact our consultants. To do this, you just need to write your question through the feedback form.

Supporting documentation

The procedure for providing documents confirming that you really were not in your apartment during the period specified in the application is also determined by Resolution 354. Before we move on to the list of required documents, let's look at some of the features of paragraphs 93 - 97 of the eighth chapter of Resolution 354. You should know that all documents, not counting travel tickets, must be certified by the seal and signature of the head of the organization that issued them. Papers drawn up in another language must be translated into Russian and notarized. All copies are certified in the same manner as the originals. The consumer can immediately bring both a copy and an original of the supporting documentation. And only the original can be provided to utilities. In this case, the utilities will make copies themselves. The original is returned to the performer.

The contractor has the right to all possible (not contrary to the law) methods of checking the received papers for authenticity and compliance of the information indicated in them with reality. Confirmation of the absence of the user is not required if, before his departure, the apartment equipment was separated by shut-off valves (it is turned off, as well as sealing). Upon the return of the owner, the safety of the seals is checked.

And now let's take a look at the list of required documents, which, in accordance with Resolution 354, will confirm your absence from the apartment at the time you specified:

• an order or order for a business trip (copy) with the attachment of round-trip tickets;
• a certificate from a medical institution (hospital, sanatorium, boarding house) that you underwent a course of treatment;
• tickets for travel with the obligatory indication of the surname, patronymic and username, and, if possible, passport data;

• invoices for payment of a hotel room or other similar place where a person lived (possibly an apartment rental agreement, etc.) and their copies with a confirmation mark;
• an extract of temporary registration in another place of residence;
• if the apartment is on alarm - a certificate from the security guards about when the apartment was put on the signal and when it was removed;
• a certificate from a boarding school, orphanage, any educational institution with a stay in it around the clock;
• a certificate from the consulate of another country or state, confirming the fact of crossing their border and returning back to their homeland;
• a certificate issued by the dacha community or partnership that the entire period of time indicated in the application was at the dacha;
• any other official paper that can confirm the words of the consumer about his absence from the apartment.

Above in the text there was a disclaimer that heating bills are not recalculated for the period of your temporary absence. But this does not mean that it is impossible to recalculate the amount for the entire year of heating use. There may be several reasons for this. For example, the inconsistency of the temperature in your apartment with the degrees of heat indicated in the decree we are studying. Utilities enterprises often turn a blind eye to all recalculations in this service sector. Of course, no one will go to apartments and measure the temperature in the rooms. Utilities will recalculate heating bills only if they are sure that it will increase after that. But a citizen has every right to initiate this procedure, but only once a year. We will not delve into all the formulas for adjustments at the moment. Of course, in order not to be deceived, you need to know and understand them. But for the most part, making such calculations is the prerogative of housing and communal services employees. They are paid money for this, by the way.

Particularly curious users of utilities can contact the consultants of our site with these questions through the feedback form.

This action is absolutely free, so you will not lose anything, but you will gain new knowledge. But let's analyze the situation with temperatures in more detail. Resolution 354 tells us that the temperature in your apartment should not drop below 18 degrees Celsius, and all 20 degrees should be kept in the corner rooms. another 2 degrees. Heating cannot be switched off for more than a month at a cumulative annual calculation. And the maximum period without heating per day is 16 hours. But on condition that during these 16 hours the temperature was below 12 degrees Celsius. An increase in temperature with proper heating operation is allowed up to 4 (although rarely anyone complains about the heat in an apartment, but people are different, and this is not prohibited by law). A decrease of 3 heat units is permissible, but only at night (this time is from 12 am to 5 am).

If you are not satisfied with the quality of the heating provided to you, measure the room temperature, record violations in the acts and feel free to complain to the housing and communal services that their work does not meet quality standards. Since July, this procedure has been greatly facilitated. After you realize that the house is cold, call the management company. Their employees are required to arrive within two hours to be present when drawing up a heat metering report.

In their absence, two hours later, you can write the act yourself in the presence of two witnesses (also the owners from your high-rise building) and the chairman of the HOA (well, or the main one in your council of owners).

In the act, indicate all the necessary data (most likely there will be more than one act, since the recalculation must be made for a certain period of time). Attach the act to the application in the housing and communal services and require recalculation. If you have any questions, please contact our lawyers on the website. The consulting service is provided free of charge.

If during the billing period utility services were provided in an inadequate quality, you can demand a reduction in payment for them. Or even complete cancellation of payment for the time of improper service. In what cases you can count on recalculation in accordance with chapter 9 of chapter 354 of the regulation, as well as the time intervals during which services were not provided or were provided in an incomplete volume (to obtain your right to a complaint) are spelled out in the first appendix to our order. For example, if you have not had hot water for two weeks, then the amount of payment for hot water should be reduced by the cost for these two weeks (provided that you do not have hot and cold water meters). Resolution 354 regulates not only your rights, but also your obligations in relation to management companies, housing and communal services enterprises or housing associations.

In order to protect your rights and not inadvertently become responsible for violating the norms of housing legislation in any situation, it is better to first consult with competent people. Our lawyers are ready to help you in any situation with business and advice for free. Just share your problem, and you will be provided with qualified assistance.

Managing organizations carry out recalculations of payments for housing and communal services on their own initiative, at the request of the tenants of the serviced house or as directed by the regulatory authorities. This is not an easy procedure, with many subtleties and non-obvious points. In this article, we will collect all the necessary information that will help the Criminal Code carry out recalculations without errors, as well as correctly arrange them.

Read in the article:

The same decree spells out the requirements for the volume and quality of the provided housing and communal services.

Procedural issues related to the recalculation of housing and communal services are under the jurisdiction of the management company, HOA or housing cooperative, depending on the form of management chosen by the residents of the house.

When it is possible to recalculate for utilities, housing and communal services for heating and other services

Recalculation for utility services is possible both in the direction of decrease and in the direction of increasing the cost of services.

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According to the regulation governing the procedure for recalculating rent and utility bills, such recalculation is possible in the following cases:

• if no one lives in the apartment for a certain time or a smaller number of people livecompared to the one for which the rent is calculated. It is important that the long absence of tenants is documented;
• if the family received a subsidy (in cases where the income per family member does not exceed the subsistence level), utility bills may be reduced. Low-income citizens sometimes pay only 6.33% of their income for utilities;
• if the services were not provided in full, or they were of inadequate quality. For example, you can get a recalculation for rusty tap water or garbage that was not removed on time.

Recalculation for utility services is provided only for the following items: garbage collection, water supply and sewerage, gas supply, water heating. Heating and services of the housing office or HOA are always paid in the prescribed amount.

Serving an apartment building of the Criminal Code cannot refuse to recalculate if the applicant has the necessary grounds for him. In this case, the consumer must be required to submit a written application. He must submit an application for recalculation before he temporarily leaves the home, or no later than thirty days after his return. Failure to comply with this condition may be used by the management organization as a legitimate reason for refusing to recalculate the payment.

After accepting the application, the Criminal Code has five working days to recalculate. The period of temporary absence of residents when writing an appeal should not be more than six months. If the managing organization makes recalculations for six months, and the apartment continues to be empty, then the owners must be required to re-apply.

Any grounds on which a recalculation of HCW services can be provided must be documented. Otherwise, you will not be able to get things off the ground.

For the managing organization, any recalculation is a crucial moment affecting one of the main aspects of its work - settlements with consumers and suppliers of utilities. That is why she must carefully study the submitted documents. As already mentioned, in addition to the application from the tenant, it is necessary to obtain papers confirming the indicated period of his absence. If such documents are not provided or they do not confirm the duration of absence specified in the application, then the Criminal Code has the right to charge the payment for housing and communal services in full.

In such situations, conflict situations often arise between management companies and tenants. If the owner of the apartment insists on the need for recalculation and does not pay utility bills on time or in full, then, in accordance with part 14 of article 155 of the RF LC, he can be fined. Naturally, the Criminal Code needs to prepare a clear justification for its position before doing this. Failure to submit the papers required for recalculation will be quite enough here.

There are many situations that give the right to recalculate utility bills. This explains the variety of supporting documents that an applicant can bring to the Criminal Code. When checking these securities, specialists of the management company need to know that they must be signed by an authorized person of the issuing organization. In addition, there must be a seal, date of issue and registration number. The only exception applies to travel tickets. If the applicant brings a copy of the ticket, then it must be certified. The travel document can be electronic. In this case, the tenant must be required to provide a printout.

Some consumers attach documents in a foreign language to their application. The legislation does not oblige the Criminal Code to engage in the translation of such papers and incur additional costs because of this. In this case, you need to require the tenant to provide papers in a form translated into Russian.

Copies of not only tickets, but also any other documents that confirm the duration of the absence of residents must be certified. The consumer can bring both the original and the photocopy to the management organization. In this case, the employee of the Criminal Code verifies the papers and, if there are no discrepancies, puts a mark of authenticity on the copy. The original is returned to the applicant.

The management company, when processing documents attached to an application for recalculation of payment for housing and communal services, has the right to the following actions:

• copy for yourself any papers received from the consumer;
• verify their authenticity;
• check how fully the necessary information is disclosed in the documentation.

If the tenant submits an application for recalculation before his departure, then the adjusted bill for housing and communal services is formed in the process of his absence. When submitting papers after return, this is done in the next payment document.

Each type of housing and communal services has its own quality standards.

• Water supply is considered to be of high quality if hot water has a temperature of at least 60-70 ° C during the day and 30 ° C at night (from midnight to five in the morning), if the consumer has no complaints about the hardness, color, content of reagents that are used at the filter station during purification ... Also, the standards must correspond to the pressure in the system.
• Electricity supply is considered to be of good quality if the supplier providing the apartments with electricity complies with the established standards for current and voltage. The list of permissible deviations is fixed in the corresponding GOST.
• Gas supply is considered to be of high quality if the supplied gas complies with the established physical and chemical indicators: pressure in the range of 0.0012-0.003 MPa with a deviation from the norm not exceeding 0.0005 MPa.
• Heating is considered good if the room temperature reaches the set values.

• Adjustment of the amount of payment for heating with a centralized heating system

It is about the air temperature, and not about the temperature of the batteries and the water in them. In living rooms, the air must be heated to + 18-20 0 С, in the bathroom - up to +25 0 С, in the kitchen - up to +18 0 С.

In corner rooms, two walls of which face the street, the temperature should not be lower than +20 0 С.

Even the slightest deviation from the normative indicators makes it possible to require recalculation of utility services.

Breakin the supply of utilities is also the basis for reducing the amount of payment. A break is considered:

• no gas in the system for more than four hours within 30 days;
• lack of electricity for more than two hours (if the supplier has one power source) or longer than a day (if there are two such sources);
• no heating at a room temperature below +8 0 С (heat supply can be turned off for 16 hours if the temperature outside the window is +12 0 С, for 8 hours - at +10 0 С and for 4 hours - at +8 0 С);
• stopping cold water supply for more than eight hours a month or four hours once;
• stopping hot water supply for the same period.

Any indicators exceeding the normative ones are considered interruption of services and are the basis for filing an application for recalculation of utility services.

As an example, let us cite the situation that occurred in mid-March 2018 with the management company Zhilischnik of the Matushkino District (Zelenograd). A resident of one of the houses turned to the State Housing Inspectorate with a complaint about insufficient hot water. During the inspection, the inspectors found that the water has a temperature of + 37.4 ° C, which is significantly lower than the established standard.

Under Article 7.23 of the Administrative Offenses Code of the Russian Federation, the managing organization was fined 10,000 rubles, and its head - 1,000 rubles. In addition, she was ordered to recalculate for the provision of housing and communal services of inadequate quality and eliminate the problem. Podmoskovnaya GZHI conducted a control check and found that the Criminal Code had fulfilled the requirements for raising the water temperature and recalculating payments for tenants downward.

Penalties in the described case are quite justified, since the management company itself must monitor the quality of the services provided and eliminate the shortcomings in a timely manner. It is necessary to maintain contact with residents so that they, first of all, go with their problems to the Criminal Code. It is not so difficult to establish interaction, for this you need:

• hold regular meetings with proactive representatives of residents;
• to support the institution of elders at the entrance, with whom constant communication is established;
• really respond to requests and try to solve problems in a timely manner.

In the described case, it is obvious that the managing organization did not perform its duties well enough. Firstly, she needed to react in time to the tenants' messages about the drop in hot water temperature, which she probably did. When such an important communal resource is deprived, people immediately begin to look for solutions in all possible instances. Secondly, the recalculation of the Criminal Code was to be carried out without reminding GZI. Due to the lack of initiative in carrying out work, which is mandatory for the management company, fines were imposed.

If the tenants have already called the inspectors, then the Criminal Code needs to provide them with comprehensive assistance in conducting an examination, performing a control check and other activities. All prescriptions must be fulfilled in a timely manner. This will avoid accusations of malicious non-performance of duties and ignorance of the requirements of the controlling authority, which entails much more severe sanctions, up to and including revocation of the license.

When the recalculation of housing and communal services is made up or down

The amount of payment for utility services is increasing at the initiative of utilities, users do not submit preliminary applications for this.

There may be several reasons for increasing the rent, most often they are associated with unauthorized actions of residents, which led to the fact that they were provided with more services than they should:

• cold water meter commissioned at the wrong time may be a reason to charge tenants for the period of using such a meter based on the number of people living in the apartment, and not on the actual consumption of water;
• pipe tie without prior permission;
• damaged seals on the electricity meter, as well as gas meters, cold or hot water.

To make such a recalculation of utility services, utilities use special formulas.

So, if a tenant "crashed" into the water supply bypassing the meter and without a work permit, he will be counted a certain amount to be paid. When calculating it, the cross-section of the pipe and its filling with water during the day will be taken into account.

Consumers can reduce utility bills only by submitting an application. They can do this in cases where the volume or quality of utility services did not meet the established standards, or if services were absent at all.

The quality that the services must meet is spelled out in the SanPiNs, the rules for the provision of housing and communal services and the contracts concluded between the consumer and the service provider. Interruptions in gas, electricity and water supply are not allowed, except for specific periods. If the services were absent for longer than the residents were informed, you can demand a recalculation for this utility service.

Interruptions associated with accidents, natural disasters and other emergencies are not a reason to reduce the rent.

How to request a recalculation for utility services to the owner

To get a recalculation of utility services, the owner must prove that he was absent for a certain period. To do this, it is enough to submit one or two documents in accordance with the following table:

Where did the owner go	Which document	How can he get it
On a business trip	Travel certificate	You must ask for a certificate in the HR department on the eve of a business trip. The certificate must be signed with the director of the company. After a business trip, the certificate is submitted to the accounting department
	Hotel bill and / or passport with marks of entry to and exit from another country	Ask for an invoice with stamps and signatures at the hotel reception
	A certificate from the administration of a garden partnership or a summer cottage village, confirming the fact of living in a country house	Ask for a certificate from the head of the village administration. You need to come twice - on the day of arrival (to confirm the fact of arrival) and on the day of departure
To be treated	Certificate from a hospital or sanatorium	Ask for a certificate with a seal and signature from the head doctor of a hospital or sanatorium
	Certificate from the dean's office (every six months)	Order a certificate from the dean's office. Each semester, a new certificate is required, proving that the person has not been expelled and still does not live at the place of registration
	Certificate from the military unit at the place of service	Get a certificate from the commander of the military unit. If, in addition to the soldier, other owners live in the apartment, you must send them a certificate by mail. If a soldier owns an apartment alone, he will be able to recalculate utility services only on his own upon his return.
Rent a house in another city	Certificate of temporary registration / rental agreement	The FMS provides temporary registration. The lease must be signed and stamped
Anywhere	1. Travel tickets, including electronic tickets (subject to your name being indicated on them). 2. Certificate from the security organization that the apartment was empty and was under constant supervision

All documents can be submitted as certified copies. A utility worker can certify a copy with his signature himself, but for this he needs to see the original document.

Consideration of the application and the calculation of the amount of recalculation of utility services can take up to five working days. The recalculation amount must be deducted from the next month's fee. If this does not happen, the tenant may require written justification of the reasons for the refusal. The days of arrival and return are not counted: if the tenant left on September 1 and returned on October 1, the rent is recalculated 29 days in advance.

Recalculation of utility services is provided for any services, except heating. If the tenant has water and electricity meters installed, then only the gas charge is recalculated. Housing payments, for example, cleaning the common area, will also remain unchanged.

How is the recalculation of utility services in case of temporary absence

For example, owners leave the apartment for more than five calendar days. In this case, they have the right to recalculate utility services. True, there is one condition - the apartment should not have individual meters. That is, it is possible to recalculate the payment for cold and hot water supply, as well as gas supply, only if their consumption is not accounted for by meters.

Otherwise, the records of consumed services are still kept according to their indications. Regardless of the availability of meters, only garbage collection and use of the elevator are counted.

So, if the owners left the apartment to go on vacation or go to the hospital, they need to notify the management company about this. Along with the application, you must submit documents certifying the fact of absence. Ideally, the Criminal Code is warned of departure in advance. In this case, the utility worker will simply shut off and seal the water and gas in the apartment, and residents will not have to provide evidence of their absence.

If it was not possible to notify the Criminal Code in advance, residents can request a recalculation of utility services upon arrival. For this, the owners have a calendar month. We must not forget that the fees for house maintenance and heating services will remain unchanged.

An application and documents certifying the departure of residents are submitted directly to the management company, HOA or housing cooperative.

The accounting department must recalculate housing and communal services in proportion to the number of days for which residents left the apartment. The number of days is calculated by the number of full days of absence minus the day of departure from the apartment and the day of arrival. Recalculation of housing and communal services services must be completed within five working days after receiving a written application from the owner.

If the owner who applied for the recalculation of housing and communal services did not submit documents confirming his absence, or if the papers provided cannot certify the absence of the tenant during the entire declared period, the Criminal Code charges the rent for this period in full. In addition, if such a payment was delayed by the tenant, any measures can be applied to him, up to fines and penalties for the consequences of untimely or incomplete payment of utilities.

How is the recalculation of utility services in connection with serving a sentence

If the tenant of housing under a social rent agreement or family members living with him are temporarily absent, their rights and obligations under the agreement will not change. If the consumer is absent for more than five calendar days, and the premises are not equipped with individual or apartment-wide meters, a recalculation of utility services is performed.

All utilities are subject to recalculation, except for heating and gas supply for heating purposes. Also, in case of temporary absence, the payment for general house needs is not recalculated. A person's stay in places of deprivation of liberty is the same temporary absence, since the social loan agreement does not terminate for this period. Such absence also does not serve as a basis for deregistration.

The tenant is still obliged to pay for the maintenance and repair of the dwelling, which does not apply to utilities. If the tenant does not pay for the dwelling or utilities for more than six months, the social rent agreement with him may be terminated in court.

If an application for recalculation of utility services is submitted before the beginning of the period of temporary absence, the contractor will perform such recalculation for the period specified in the application, but not more than six months in advance. If, after this period, the consumer does not return, he can submit an application for recalculation for subsequent billing periods. In this case, the recalculation of utility services is also performed by the contractor for the period specified in the application, but not more than six months.

If the tenant applied for the recalculation of housing and communal services before temporary departure, but did not submit documents that would confirm the duration of his absence (or the submitted papers do not confirm the absence of the consumer for the entire period or part of it), the contractor may charge a fee for housing and communal services for the period of unconfirmed absence in full.

The rules also allow him to apply the consequences of untimely or incomplete payment of utilities, which are provided for by part 14 of article 155 of the Housing Code of the Russian Federation.

Obviously, an application for the recalculation of housing and communal services must always be submitted, but the most expensive services - heating and expenses for single-use households - cannot be recalculated. They will have to be paid in full. Recalculation is performed only for other utilities. If a heat energy meter is installed, the fee is charged according to its readings. The fact of being in prison does not exempt from the obligation to maintain the premises.

Is there a recalculation for utilities of housing and communal services in 2019 in the event of a change in ownership

Article 154 of the RF LC stipulates the differences between the payment for an apartment, which a tenant uses under a social rent agreement or simply a lease, from a payment for an apartment that was acquired as property through privatization.

So, the recalculation of housing and communal services is carried out from the moment when the ownership right was registered, that is, all charges for rent are removed. This column is replaced by another - overhaul.

What are the features of the recalculation for non-rendered utility services

If we talk about the quality of housing and communal services, it should be noted that only experts and exclusively professional methods can measure it. So, the quality of cold water supply is assessed by the pressure of the jet, the hardness of the water, its transparency, chemical composition, color and the amount of sediment.

Hot water supply is assessed by temperature - it should fluctuate in the range of 60-75 degrees. If the owner of a living space doubts that he is being provided with high-quality water, he can contact the sanitary-epidemiological station or order an independent examination.

The quality of power supply is assessed in terms of current and voltage. Poor supply can be manifested in the fact that electrical appliances are not working at full capacity or do not respond to the connection to the network.

The quality of heating is assessed by the system pressure, temperature in apartments, and the quality of the coolant. At the same time, it is obvious that the owners of premises are only interested in the warmth in their home. So, the following temperature standards are legally established:

• + 18-20 0 С for residential premises;
• +18 0 С for kitchens;
• +25 0 С for bathrooms;
• +12 0 С for pantries.

In the case of gas supply, the check covers the chemical composition of the blue fuel and the pressure in the system. It is possible to visually identify the shortcomings only by the low rate of boiling of water.

If the management company provides services to consumers whose quality leaves much to be desired, the tenant may require recalculation of utility services. To do this, you just need to draw up an act stating that utilities were not provided at all or were provided of inadequate quality.

At the request of residents, such an act is drawn up by the Criminal Code itself. Any tenant has every right to independently demand that this document be drawn up. If the Criminal Code refuses to do so, the owner can complain to the Housing Inspectorate.

When drawing up the act, the detected violation is described and the period during which it is not eliminated is indicated. The document receives a registration number, a date is put on it. Several people sign the act. In addition to the representative of the management organization, it must be signed by the owner of the apartment. Often, representatives of the interests of residents, for example, the elders at the entrance, take part in inspections. The status and signature of such persons are also reflected in the document.

The act is drawn up in at least two copies. The managing organization takes one for itself, the second remains for the tenant. We will give a sample of the act as an attachment.

It so happens that the CC, when checking, detects the absence of a violation, for example, in the temperature of the water in the tap or the air in the heated room. However, the owner of the apartment does not agree with this assessment of the situation. In this case, he may require an examination, that is, the involvement of a specialized and independent organization.

The tenant has such a right, but he needs to explain the procedure for paying for the work of experts. According to the existing rules, the cost of the examination is borne by the one who performs the duties of providing utilities, that is, the managing organization. However, this only works when there are real violations. If the experts do not find deviations from the norms, then the consumer must reimburse the Criminal Code for the costs of attracting an expert bureau. If the examination is initiated by another participant in the audit, then it is he who pays for it.

However, in many cases of disagreement between the tenant and the management company, it is possible to do without the cost of attracting a specialized expert organization. The parties may agree to re-check with the involvement of a representative of the GZI, public defenders of consumer rights and others. Based on the results of the re-assessment, the same act is drawn up with an indication of the expanded number of participants.

Having drawn up an act, the management company sends it to the cash settlement center. It is he who performs the recalculation of utility services. The results of such recalculation are entered in the item “recalculations” of the receipt for payment of utility bills. It is worth noting that the rent can be reduced only on the basis of address information that dispatchers of district services of the Criminal Code bring every month.

Expert opinion

Recalculation of utility services for failure to provide services requires measurements

Marina Belyaeva,

lawyer specializing in housing and communal services

If the apartment is heated inappropriately, that is, the air temperature in the room is below the standard values, the tenant must file a complaint with the emergency dispatch service of the management company. At the appointed time, an employee of the Criminal Code must come to the tenant to take measurements and draw up an act, if the complaint is confirmed, and the air temperature in the room will indeed be lower than the established one.

After that, the Criminal Code must find out the reasons for the "shortage", eliminate the problem, and then recalculate housing and communal services.

How is the recalculation of housing and communal services services carried out if violations by residents are found

If the Criminal Code discovers that the tenant unauthorizedly interfered with the work of a common house or individual meter, which is installed in a residential or non-residential premises, and distorted its readings, it will not use the readings of such a device when calculating the utility bill. In this case, the recalculation will be performed based on the volume of the utility resource.

To calculate it, it is necessary to multiply the capacity of resource-consuming equipment (and in the case of water supply and wastewater disposal - the throughput of a pipe) by its round-the-clock operation. Recalculation is made for the entire period from the date of unlawful interference with the meter. It is indicated in the act of checking the status of the meter, which is drawn up by the contractor and the resource supplying organization. The recalculation is terminated at the moment the interference is removed.

If it is impossible to establish exactly when the illegal connection to the meter or interference with its operation was carried out, then additional charges are made from the date of the last check of the meter by the contractor, but no more than six months before the month in which an unauthorized connection or interference with the meter was detected.

Is there a recalculation of utility services in connection with the death of the owner

The inherited inheritance is recognized as the property of the heir from the date of opening the inheritance, regardless of the moment of its actual acceptance and state registration of the heir's right to inherited property (if such a right is subject to state registration).

If the owners, tenants or other persons do not use the premises, this is not a reason not to pay for these premises and not pay utility bills. If citizens are temporarily absent, they must pay a fee for certain types of services, which is calculated according to consumption standards.

They are also entitled to recalculation of housing and communal services for the period of temporary absence (made in the manner established by the Government of the Russian Federation).

Thus, tenants must pay for the apartment from the date of inheritance, that is, from the date of death of the testator.

Recalculation of housing and communal services by examples

• Example 1.

The owner left the apartment on December 25, 2016 (after 02:00 local time), and returned on 01/08/2017 (until 22:00 local time).

In this case, recalculation for certain utility services will be made for the period from December 26, 2016 to January 7, 2017 inclusive, that is, for 13 days of absence.

• Example 2.

The tenant was not at home in the period from 15.01.2017 to 31.01.2017.

To get a recalculation of utility services for this period, by 03.02.2017, he applied to the utility service and submitted only boarding passes. They will refuse to recalculate him, since he did not submit an apartment survey certificate confirming that there is no technical possibility of installing meters in it.

• Example 3.

The tenant was not at home in the period from 01/05/2017 to 01/15/2017.

To get a recalculation of housing and communal services for this period, the owner must submit an application to the utilities before February 14, 2017. He must submit to the utilities a document confirming the fact of his absence, as well as an apartment survey certificate confirming that there is no technical capability in it. installation of counters.

• Example 4.

Recalculation of utility services for heating when the temperature decreases. We pay 801.90 rubles for heating the apartment. monthly (according to the consumption standard). In fact, the temperature in the apartment did not exceed +16 0 C during the month with the standard of +20 0 C. The amount of recalculation: (0.15% × 24 hours × 31 days) × 4 0 C × 801.90 rubles. \u003d 111.6% × 4 0 C × 801.90 rubles. \u003d 3579.68 rubles. Thus, for the current month, instead of paying the owner monthly 801.90 rubles. the service provider must pay him 3,579.68 rubles.

• Example 5.

The permissible duration of a break in hot water supply is determined in accordance with Russian legislation (clause 10 of the Rules). But the recalculation of utility services should be provided for this period too (paragraph 61 of the Rules). The duration of the lack of hot water was: 62 days × 24 hours \u003d 1488 hours.

1. The amount of return for hot water supply should be: 303.06 rubles. (monthly fee) × 0.15% × 1488 hours \u003d 676.43 rubles.

2. The amount of the return for the sewerage system should be: 69.66 rubles. (monthly fee) × 0.15% × 1488 hours \u003d 155.48 rubles. The total amount of the refund should be: 831.91 rubles.

Attached files

• Request for additional accrued fees.rtf
• The act of unauthorized interference in the work of the IPU.rtf
• ACT on the provision of communal heating services of inadequate quality.doc

Recalculation for utilities is based on the adopted legislation. If the owner has metering devices, the recalculation occurs automatically when information about new data arrives. In the absence of devices during the temporary absence of the owner and everyone living in the apartment, the recalculation is carried out according to the developed scheme.

What is recalculation

Recalculation is a new calculation of the consumer's payment for utilities. If there are any errors or overlaps, and they are identified, then the management company or housing and communal services will compensate for the overpayment. But most often the recalculation is done, because in many cases the owners pay 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 it crashes like in the following cases. For example, heating fees are always paid according to the standard.

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

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

For example, forgetfulness or family leave may be the reason that the owner of the apartment temporarily does not transmit the data of his meter. In this case, the next month after the home owner resumes data transfer, 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 Resolution 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, one can say, how the recalculations are currently being made. The situation with the change in fees is reflected in Clause VIII. The name also reflects some features: recalculation in the absence of consumers.

Here, only the aspect that concerns residential premises without meters is considered. With meters, everything is clear, recalculation will be made automatically when the next data is loaded from metering devices. 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 government resources from various organizations or companies. In order to have a basis for the relationship, an agreement is concluded between the organization and the consumer of the service.

The state and laws are the guarantor of the relationship between the performer and the consumer. In accordance with Resolution No. 354, all citizens have the right to recalculate for utilities. Therefore, the new edition details the procedure for recalculation in different situations.

What is included in Resolution No. 354

What does it include:

• updated coefficients that determine drainage standards;
• the procedure for installing measuring devices has been worked out in detail;
• with the help of the Resolution, the motive for installing a meter is strengthened;
• a simplified heating payment scheme was introduced;
• since 2016, it has become optional to provide information from counters;
• in the event of a temporary lack of electricity or other service, payment for it is not charged;
• the procedure for fulfilling the listed conditions.

A special place is determined by the responsibility of the contractor 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;
• the terms of the agreement are violated.

If these conditions are violated, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether an agreement was concluded between the contractor and the consumer, the contractor still compensates for damage in the event of the provision of low-quality services.

Here are some of the points that are addressed in the Resolution:

1. The payment for general house needs is not recalculated. This refers to the case when the owner was absent and the living quarters were temporarily empty.
2. In the two-tariff mode, the change in 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. All days of absence are counted except for the day of departure and arrival.
3. Recalculation is made only if an application is submitted and documents are submitted that confirm the duration of the absence. The request is made before departure or no more than a month after arrival.

The following documents are accepted as documents confirming absence:

• a copy of the travel certificate with the attachment of travel documents;
• a document on treatment in a hospital or a 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;
• document issued by the FMS on temporary registration;
• other documents that can confirm 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 relationships.

On the video about the recalculation of the fee

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

Any citizen who has a roof over his head is somehow faced with the need to pay for utilities. Regardless of whether he is the owner or the tenant. Rates for utility bills are usually determined centrally - at the municipal level and at the level of the management company.

At the same time, there are payments that are paid depending on the area of \u200b\u200bthe apartment, and there are those that depend on the consumption of the service or the number of residents in the apartment. However, any utility rate can be recalculated. Legislation provides for several grounds for this. How to correctly draw up a recalculation of utilities can be found in this article.

Grounds for recalculation of utilities

The grounds for recalculating utilities are:

Temporary absence of tenants in the apartment they occupy,
- a long-term interruption in the provision of any utility service, provided that the interruption exceeds the duration established by the RF Housing Code,
- provision by the supplier of public services of inadequate quality

Changes in the form of ownership of the apartment.

In each specific case, there is a special procedure for processing the allocation. However, in any case, it is necessary to start with writing and submitting to the Criminal Code recalculation statements.

The procedure for recalculating utilities in the temporary absence of tenants in the apartment

If tenants are absent from the apartment for more than 5 calendar days, then they have the right to recalculate utilities. True, there is one essential condition - the apartment should not be equipped with individual metering devices. This means that the recalculation will turn out to be a payment for cold and hot water, and natural gas, only if meters are not installed. Otherwise, the accounting of consumed services will still be carried out in accordance with their indication. Services that will be recalculated in any case - garbage collection and use of the elevator.

So, if you went on vacation, on a business trip or went to the hospital, then you need to notify the Criminal Code of this. The application must be accompanied by documents confirming the fact of absence. Ideally, declare your absence in advance. Then the locksmith will simply shut off and seal the water and gas. In this case, you will definitely not have to prove anything to anyone. If nothing was done in advance, then you can request a recalculation of utilities upon return. The tenants have only 30 days to do this. It is important to remember that housekeeping and heating services are not subject to recalculation.

The procedure for recalculating utilities is determined by the Decree of the Government of the Russian Federation of 05/06/2011 No. 354 in section 4 "On approval of the Procedure for recalculating the amount of payment for certain types of utilities for the period of temporary absence of consumers in the occupied residential premises that are not equipped with individual and (or) common (apartment) metering device. "In accordance with it, the application, along with documents confirming the temporary absence of residents in the apartment, must be submitted to the accounting department of the Criminal Code.

In accordance with clause 90 of this Procedure, the accounting department will have to recalculate the payment for utilities in proportion to the number of days when the tenants-consumers of services were temporarily absent from the apartment. This number of days is determined by the number of full calendar days of absence, excluding the day of departure from the apartment and the day of return. The deadline for the recalculation is set at 5 working days from the date of receipt of a written application from the tenant.

If the tenant who submitted the application for recalculation of utilities could not submit documents confirming the duration of the absence, or if the documents that he submitted cannot confirm the temporary absence of the tenant during the entire declared period or part of the period specified in the application for recalculation, the CC charges utility bills for such a period in full. In addition, in relation to such a payment, if it was detained by tenants, measures can be applied, article 155 of the Housing Code of the Russian Federation. In particular, penalties and fines for the consequences of untimely and payment of utility bills.

Documents on the basis of which the recalculation of utilities can be made:

1) Copy of the order about business trip or a copy of the travel certificate. A certificate from the place of work about the fact of a business trip with copies of travel tickets with dates attached.

2) Certificate of location on treatment in a hospital or a certificate of spa treatment together with copies or originals of travel documents.

3) Travel ticketsissued in the name of the tenant or their certified copies. If the resident used electronic travel documents during the trip, then he must take from the carrier their certified printout on paper, as well as other documents issued by the carrier confirming the fact of the trip - a boarding pass on the plane, a ticket for boarding a train and other documents.

4) Paid bills for accommodation in a hotel, hotel, hostel or other place of temporary stay.

5) Document about temporary registrationthe tenant at the place of his temporary stay.

6) Certificate from the gardening partnership, confirming the period of temporary stay of the tenant at his dacha.

7) Other documents that, in the opinion of the tenant himself, can confirm the fact and duration of his temporary absence from the apartment.

The procedure for recalculating for utilities when providing services of inadequate quality or lack of utilities for a long time

In the event that the Criminal Code supplies consumers with a utility service or service that does not meet the standards for this type of service, the tenant may require a recalculation of such service or services. To do this, it is necessary to draw up an act on the failure to provide utilities or the provision of utilities of inadequate quality. Such an act, upon the application of the tenant or tenants, must be drawn up by the Criminal Code. Each tenant has every right to independently request the drawing up of an act. If the Criminal Code refuses this, you must contact the Housing Inspectorate.

The procedure for recalculation for utilities in the provision of utilities of inadequate quality and with interruptions exceeding the duration established by law is enshrined in the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of 06.05.2011 No. 354.

After drawing up the act, the Criminal Code sends it to the "Single Settlement Center". It is there that the recalculation is carried out. The results of this recalculation should be reflected in the receipt for payment of housing and utilities in the column “recalculations”. At the same time, the calculation of the amount of reduction in the charge of utilities is made only on the basis of address data received monthly from the district dispatching services of utilities.

The procedure for recalculating utilities when changing the form of ownership of an apartment

According to the norms of Art. 154 of the Housing Code of the Russian Federation, the structure of payment for an apartment and utilities for a tenant under a social tenancy agreement or a residential lease agreement for state or municipal housing stock differs from the structure of payment for an owner's apartment.

Therefore, residents who have privatized residential premises are recalculated for utilities from the date of issue of the certificate of state registration of ownership. This recalculation is that charges for the service are removed "Rent of living quarters" and charges are made for the service "overhaul".

The majority of consumers had to face the problem of incorrect charging of housing and communal services. Domestic legislation allows anyone who does not agree with the amount specified in the payment order to apply for a recalculation of housing and communal services.

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Recalculation is understood as a repeated calculation of the amount payable for the consumed utilities.

In case of revealing any errors or overlaps, the management company or the service provider itself are obliged to compensate for the overpayment.

When is it done?

To find out in what cases the recalculation of utilities is carried out, you need to contact the government, which spells out the possible grounds:

1. Absence of tenants in the apartment / house for a long time (this is considered five or more days). In the case of several people living in an apartment, recalculation will be performed when each of them writes applications.
2. Poorly provided. For this, strong evidence must be provided, in particular, measurements carried out by specialists (water pressure, temperature, current strength, etc.).
3. Complete lack of services. The legislation establishes standards for the time during which services can be disabled. If in practice these deadlines are not met, then the consumer has the right to apply for a recalculation.

The legislative framework

The key regulatory act, on the basis of which the recalculation for the consumed utilities can be made in 2019, is the Government Decree No. 354.

It was adopted on May 6, 2011, and further changes were made to it in 2019. This resolution clearly spells out all possible grounds for recalculation, the rules and features of this procedure.

Recalculation of housing and communal services

Residents who are absent from the apartment / house for a period exceeding five days can write an application asking to recount the housing and communal services, but this can be done only if there are no meters installed in the room.

Otherwise, the amounts payable will be determined in accordance with.

The list of services that can be recalculated according to the standard scheme does not include garbage removal, as well as the operation of the elevator. Before leaving home, it is advisable to notify the Criminal Code of this in advance, as well as submit the relevant documents (for example, tickets, hotel reservations).

Payment in full, regardless of whether the tenants were present in the house or not, are subject to the services of heating the premises and keeping it in proper condition.

By counters

If the room is equipped with metering devices, it will be possible to recalculate in the following cases:

• If the indications provided by the consumer do not coincide with those that were recorded as a result of the behavior of checking the devices by representatives of the company supplying the services. As a result, it can be either increased or decreased.
• When connecting to a network in violation of existing rules. In this case, the recalculation, providing for an additional payment from the consumer, is carried out on the basis of an act drawn up by the commission of the organization that performed the check. Additional charges are made in accordance with the throughput of pipes. If it is impossible to determine from what time the incorrect connection takes place, an additional fee is charged for the previous three months.
• When fixing the fact of interference with the functioning of accounting devices (for example, if seals are damaged). The recalculation is performed from the time of installation of seals and devices that make it possible to determine the presence of outside interference in the operation of the meters. However, the period for which additional charges are made cannot be more than three months preceding the moment of fixing the violation.
• In the event of long interruptions in the supply of services that exceed the permissible standards, as well as in the provision of services whose quality does not meet the necessary requirements (for example, when the hot water temperature is too low). The consumer is also entitled to compensation for such violations.

Recalculation of water or gas meters can be initiated either directly by the consumer of services or by representatives of suppliers of certain resources authorized to check.

Poor service provision

You can get confirmation of the poor quality of the services provided only after the experts have carried out the appropriate measurements.

In particular, the assessment of the quality of cold water is determined by the force of pressure, chemical composition, appearance, indicators of hardness, hot - by temperature, which. In accordance with the standards, it should be within the range of 60-75 degrees.

When determining the quality of the power supply, attention is paid to the current strength and voltage.

Heating is evaluated taking into account the pressure in the system, as well as the temperature in the room, which must comply with the established standards.

Where to go?

The application can be submitted both to the management company and directly to the organization that is responsible for providing housing services. To find out the details by which you can apply, it is enough to study, all the necessary data are indicated there.

If there is a poor-quality provision of services, then it is allowed to contact the Housing Inspectorate, as well as Rospotrebnadzor.

What documents are needed?

The list of documents that must accompany the sample application depends on what the basis for the recount is, since their main purpose is to provide evidence of this basis.

So, in case of a long absence, you should attach a certificate of residence in another locality, a certificate from the employer about sending on a business trip, receipts for payment of hotel accommodation, etc.

If you wish to confirm the low quality of the services provided, the main document will be the expert opinion.

Applying to the Criminal Code

Regulatory acts do not establish any clear format for an application for recalculation, therefore, you can write it in free form, without forgetting to adhere to the general rules for the design of business documentation.

The application can be submitted by personal visit or by registered letter with notification.

Personal filing provides for the need to create two copies of the application, one of which is given to an authorized employee of the organization, and the second one is affixed with a registration number, as well as a stamped signature.

Terms of consideration of the appeal