Disputes between managers and resource supplying organizations about the procedure for calculating payments for the provided utilities are a frequent occurrence. They happen due to the fact that each party interprets the legislation in such a way as to get the maximum benefit for itself.
Today we will talk about the dispute between the UO and the RSO about how to correctly calculate the amount of thermal energy used for heating hot water.
The subject of the dispute
The managing and resource supplying organizations entered into a heat supply agreement. The RNO undertook to supply the UO with thermal energy and hot water, while the UO had to pay for these services and the coolant that was not returned to heating network heat supply organization. It seems nothing unusual, in every subject of the Russian Federation, thousands of UOs conclude similar agreements with the North Ossetia.
But in our case, the reason for disagreement was disagreement. management organization with how the PCO calculates the amount of heat energy used to heat the water. UO believed that it was necessary to calculate according to the standard. The heat supply organization, on the other hand, was sure that it was necessary to calculate the size of the board according to the readings of metering devices.
Disagreements led to the fact that the UO did not pay for the supplied utilities, accumulated debts to the RNO, and the heat supply organization had to go to court to collect the debt for the supplied utility resource.
Opinions of the Arbitration and Appeal Courts
The first court to consider the case was the Arbitration Court of the Moscow Region. The RNO insisted that the managing organization should pay for the supplied resource according to the readings of metering devices. The MA in response provided a counter-calculation of the debt, based on the application of the calculation of payment for heat energy used for water heating, in accordance with the Decree of the Government of the Russian Federation of 05/06/2011 No. 354. The numbers demanded by the RNO were higher than those calculated by the UO.
The Arbitration Court of the Moscow Region decided to partially satisfy the claims of the RNO and recover from the managing organization most the amount demanded by the plaintiff as a debt, penalty interest and payment of the state fee for court costs. He explained that the heat supply organization charges the fee incorrectly, so the MA must return the amount that will turn out if the calculations are correct.
Although the requirements of the RNO were satisfied, it turned out that the court sided with the managing organization, because it did not refuse to pay at all, but wanted to get the correct calculation.
The heat supply organization was unhappy with this decision and filed an appeal with the Tenth Arbitration Court of Appeal, which overturned the decision of the Arbitration Court of the Moscow Region.
The Court of Appeal was guided by Art. 157 ZhK RF and Federal Law of 27.07.2010 No. 190-FZ and proceeded from the need to determine the volume of thermal energy supplied for heating water in a disputable period according to the readings of a serviceable meter previously installed to the subscriber, and not on the basis of a heating standard.
This time the management organization did not agree with the decision. She was confident that she was right and decided to appeal the case to the Arbitration Court of the Moscow District. But this court defended the RNO and refused to satisfy the requirements of the managing organization, leaving the decision of the previous court in force.
The UO decided not to give up and filed a cassation appeal with the Supreme Court of the Russian Federation. In it, the UO referred not to an incorrect application of the rule of law and asked to cancel the named decisions of the courts of appeal and the district, upholding the decision of the Arbitration Court of the Moscow Region.
The representatives of the resource-supplying organization objected to the satisfaction of the complaint, referring to the legality and validity of the contested decisions.
Arguments and decision of the Supreme Court of the Russian Federation
The Judicial Collegium of the RF Armed Forces checked the case materials, discussed the arguments set out in the cassation appeal, and decided to satisfy the appeal of the managing organization, noting that the previous courts did not take into account several provisions of the current legislation of the RF.
Organization of heat energy supply to the managing organization and hot water through the connected network are carried out in order to provide utilities citizens living in MKD. Such relations are subject to paragraphs. 10 p. 10 art. 4 LCD RF.
The amount of payment for utilities is calculated based on the volume of consumed utilities. This volume is determined by the readings of metering devices. If there is no PU, the amount of payment for utilities is calculated based on the consumption standards approved by the authorities state power subjects of the Russian Federation.
This procedure does not contradict paragraph 1 of Art. 157 of the RF LC, which provides for the determination of the volume of consumed CU according to the readings of metering devices, and only in their absence, allowing the use of consumption standards for CU. The catch is that thermal energy does not belong to the number of consumed utilities.
In the city where the participants in the proceedings were, the standard for the consumption of thermal energy for heating hot water supply was established by the decree of the head of the city of Podolsk dated 21.12.2004 No. 2707-p.
The heat supply organization did not provide evidence of the recognition of the standard as invalid or invalid, therefore, the courts of appeal and the district had no grounds for determining the amount of heat energy used for heating water in order to provide hot water supply services, to be guided by the indications of the ODPU.
The Supreme Court of the Russian Federation noted that the Arbitration Court of the Moscow Region made a lawful and well-grounded decision, correctly interpreting the legislation. Therefore, the RF Armed Forces decided to leave its decision in force, and to cancel the decisions of the Tenth Arbitration Court of the Moscow Region, the ruling of the Arbitration Court of the Moscow District.
Having received a receipt for the payment of the "communal", many Russians look at it in bewilderment, trying to understand what is encrypted in mysterious abbreviations, and for what services you need to lay out rather large sums.
Unfortunately, until now, utilities have not bothered to bring to a single sample the receipts issued in different regions Russia. The content of these payment documents lies entirely within the imagination and administrative delight of local authorities.
Do utilities have the right to come up with the names of their services?
The list of services that must be paid for residents of apartment buildings is clearly defined by article 154 of the main industry document - Housing Code... Homeowners and tenants are required to pay for maintenance and repairs. In addition, their responsibility includes payment for services:
- cold water supply (HVS), i.e. filing cold water through the water supply to the tenant's apartment;
- hot water supply (DHW), which consists of payment for the supply and heating of water;
- drainage, i.e. ensuring the operation of the sewer, removing wastewater;
- gas supply;
It is unacceptable to change the names of these services, although some regional housing and communal services arbitrarily enter into their payment receipts such lines as "hot water heating", "hot water supply" or "hot water and cold water disposal". It is not at all necessary for the consumer to know how much water heating costs; the final amount that is presented for payment is important to him. 
Of course, in the event that the tenant of the house wants to know about each utility service, the housing and communal services are obliged to provide him with all the information about the costs of this or that utility tariff.
What abbreviations can be found on receipts?
Since utilities are in no hurry to bring payments to uniform standard, payers will not hurt to navigate in the abbreviations that can be used to encrypt certain components of utility bills.
— KhVS DPU- this is cold water supply (payment for cold water supply) using a home metering device, i.e. according to the readings of the general house meter (if there is one in your house). In the case when the meter is installed in your apartment, the receipt may indicate KhVS KPU(apartment metering device).
— DHW DPU- accordingly, hot water supply, counted according to the home metering device.
— Vodootv.- sewerage services, which is called wastewater disposal in bills.
— Cold water supply for hot water supply- this is how the intricate concept of cold water supply for hot water supply is denoted. As conceived by the public service workers, you must pay separately for the supply of cold water for heating, and on another line - the cost of heating this cold water. The cost of hot water supply consists of the sum of these lines
— Heating. main pl.- this is usually the heating of the main area of your apartment, i.e. the minimum that is required for the residents registered in the apartment.
— Heating outl. pl.- this is the cost of heating the surplus area of your apartment. It usually costs more than heating your minimum square footage.
— Opl. lived. Is the payment for housing.
— Contents and rem.- means payment for the maintenance and repair of your apartment. This includes service engineering networks inside your house, their Maintenance, repair technical devices and structures of a residential building, as well as many other costs.
— Lived. outl. pl.- payment for housing surplus area.
Now it will be easier for you to understand the contents of the utility bill. A separate topic is the formation of tariffs for which payment is calculated. 
The most impressive fraudulent payment frauds take place here. As a rule, only a specialist with experience in utility networks can assess how justified each figure of the utility tariff is.
When paying for utilities, many people are surprised to see the phrase "water heating" in the receipt. In fact, this innovation was adopted back in 2013. According to Government Decree No. 406, in the presence of a centralized water supply system, payment must be made at a two-component tariff.
Thus, the tariff was divided into two components: the use of cold water and heat energy. Now the calculation is made separately for two resources: water for hot water supply and heat energy. That is why a column appeared in the receipts, indicating the amount of thermal energy spent on heating cold water. However, many believe that heating fees are being charged illegally, and write complaints about housing and communal services. To make sure that this type of charge is legitimate, you should learn more about this service.
The reason for this innovation was the additional use of energy. Risers and heated towel rails connected to the hot water supply system consume thermal energy, but this consumption was not previously taken into account in the calculation of utility bills. Since heat supply can only be charged during the heating season, heating the air through the use of a heated towel rail was not paid as a public service. The government found a way out of this situation by dividing the tariff into two components.
Equipment
If the water heater fails, the hot water bill will not increase. In this case, authorized employees of the management organization are obliged to repair the equipment urgently. But since the repair requires payment, the tenants still have to pay this amount. Despite the fact that the heating bill will remain the same, the payment for the repair and maintenance of the property will be increased. This is because water heaters are part of the property of homeowners.
As for non-standard situations, when, for example, some apartments in multi-storey building has access to hot water, and the second only to cold water, issues regarding payment for heating are resolved on an individual basis. As practice shows, often tenants are required to pay for common property that they do not use.
Thermal energy component
If with the calculation of payment for cold water everything is quite simple (carried out on the basis of the established tariff), then not everyone understands what is included in the cost of such a service as heating.
The amount to pay for a service such as water heating is calculated taking into account the following components:
- the established tariff for heat energy;
- costs required to maintain a centralized hot water supply system (from central heating points, where water is heated);
- the cost of heat loss in pipelines;
- costs required for the transportation of hot water.
The calculation of utility bills for hot water supply is made taking into account the volume of used water, which is measured in m 3.
As a rule, the amount of required heat energy is determined on the basis of the general house values, which are shown by the hot water meters and the consumed heat energy. The amount of energy used in each room is calculated by multiplying the amount of water used (determined by the meter) by the specific consumption of heat energy. The amount of energy is multiplied by the tariff. The resulting value is the amount required to pay for what is written in the receipt as "water heating".
How to calculate yourself in 2018-2019
Heating water is one of the most expensive utilities. This is due to the fact that when heating, it is necessary to use special equipment operating from the mains. To make sure that the correct amount for payment is indicated on the receipt, you can make the calculations yourself and compare the received value with the amount indicated on the receipt. To do this, you need to find out the amount of payment for heat energy established by the regional tariff commission. Further calculations depend on the presence or absence of metering devices:
- If you have a meter installed in your apartment, then you can calculate the consumption of thermal energy, focusing on its indicator.
- If there is no meter, calculations should be made based on the established standard indicators (established by the energy saving organization).
If there is a general meter for the consumption of heat energy in a residential building and individual meters installed in apartments, the amount for heating is calculated based on the readings common appliance accounting and further proportional distribution for each apartment. If there is no such device, the amount required to pay for heating is calculated based on the standard of energy consumption for heating 1 m 3 of water in the reporting month and readings individual counter water.
Where to file a complaint
If the legitimacy of the additional line "water heating" in the receipts is questionable, so as not to overpay for heating, it is recommended to first contact the Criminal Code with a request to explain what this item means. The appearance of a new line in the receipt is legal only on the basis of the decision of the owner of the MKD premises. In the absence of such a decision, you should write a complaint to the GZI. After filing a claim with the Criminal Code, you must be provided with an answer with explanations within thirty days. In case of refusal to substantiate why such a service is prescribed in the receipt, a complaint should be filed with the prosecutor's office with a claim to the court. In this case, if you have already paid the amount specified in the receipt, Article 395 of the Civil Code of the Russian Federation will serve as the basis for the claim. If a refund is not required, but you still have to pay for services that you are not provided with, file a claim to exclude the water heating line. In this case, it is worth referring to Article 16 of the Law "On Protection of Consumer Rights".
By order of the Committee on Tariffs and Prices of the Moscow Region dated 13.12.2014 No. 149-R "On setting tariffs for hot water for 2015", a two-component tariff for hot water was approved on the basis of Resolution of the Russian Federation dated 13 May 2013 No. 406 "On state regulation of tariffs in the sphere of water supply and sewerage ". The procedure for calculating and making payments for utilities is defined in the Rules for the provision of utilities, approved by the Government Russian Federation No. 354. Accordingly, the procedure for calculating payment for hot water has been changed. Now the payment for 1 cubic meter of hot water consists of two components:
First- payment for 1 cubic meter of cold water.
Second- payment for heat energy, which was spent on heating 1 cubic meter of cold water.
The component for cold water is the volume of cold water (CWS) for the needs of hot water supply. In the presence of individual metering devices (meters), this component is determined - according to the readings of the metering device for hot water (DHW), in the absence of an individual metering device - according to the standard, i.e. 3.5 cubic meters per person. per month.
From January 1, 2015, residents of apartment buildings in Lyubertsy, which are equipped with common metering devices, are charged for hot water at a two-component tariff: a cold water component for hot water supply and a heat energy component for hot water supply.
The calculation for hot water for residents of the house should also be made at a two-component tariff. The house is equipped with common household hot water metering devices. Payment for hot water from 01.07.2015 must be charged at the current two-component tariff: cold water component for hot water supply (at the rate of 33.28 rubles / cubic meter) and the component heat energy (TE) for hot water supply at the rate of 2141.46 rubles ./Gcal.
In receipts for payment for housing and communal services from July 1, 2015, "Hot water supply" is indicated in two lines:
Cold water supply for hot water supply - the volume of cold water (cold water supply) for the needs of hot water supply;
TE for hot water supply - thermal energy spent on heating 1 cubic meter of cold water.
The readings of the general house metering device - the amount of hot water for the current month and the amount of heat energy consumed in the current month for circulation and heating of the specified amount of water are shown on the back of the receipt, for example, the following:
1089,079 cc m. - FV for hot water supply (physical water for hot water supply);
110.732 Gcal. - TE for hot water supply (heat energy for hot water supply).
The actual amount of thermal energy spent on heating 1 cubic meter of cold water for the house is determined based on the total volume of thermal energy to the total volume of hot water for the current month, which is:
= TE for DHW / FV for DHW = 110.732 Gcal. / 1089.079 cbm m = 0.1017 Gcal / cubic meter
then, the actual cost of heat energy spent on heating 1 cubic meter of water in the current month will be:
0.1017 Gcal / cubic meter х 2141.46 rubles. for 1 Gcal. = RUB 217.79
Please note that the amount of heat energy spent on heating 1 cubic meter of cold water in each calculated month may differ, because is a calculated value and depends on the amount (volume) of hot water consumed by the house in the current month and the amount of heat energy spent on circulation and heating of this volume. On a monthly basis, these readings are taken from the general building metering device for heat energy and transferred to the heat supply organization and at the same time recorded on the back of the receipt for each current month.
How to calculate hot water for its subsequent payment, every homeowner must know. The fact is that the provision of this service takes place in quantitative terms, and if the hot water consumption is calculated incorrectly, this can result in a fairly large amount of overpayment or debt.
In addition, if, as a result of such an error, you do not pay for the hot water supplied to you on time, this may lead to its shutdown.
If you do not pay for the hot water supplied to you on time, this can lead to its shutdown.
Payment for services for the supply of hot water to the population is regulated by the Decree of the Government of the Russian Federation of 05/06/2011 No. 354. According to it, it should include 2 components:
- Provision of hot water supply directly to residential or non-residential premises.
- Provision of hot water supply for general household needs or for needs land plot, as well as ancillary buildings located on it.
Usually centralized systems hot water supply is used in cities to supply such water to apartments, communal apartments and rooms of apartment buildings. At the same time, the tariffs for hot water are set by federal Service according to tariffs, as well as its divisions in the regions, so if you do not know how to calculate the tariff for hot water, you can refer to the website of this body. In addition, an example of such a calculation can be provided to you at your local resource supplying organization.
Hot water tariffs are set by the Federal Tariff Service
In any case, it is worth knowing that the formula for calculating the cost of hot water includes not only the tariff itself, but also other indicators. For example, if your communal organization set a two-part tariff, then you will pay:
- payment for the consumption of one cubic meter of hot water;
- payment for the maintenance of the hot water supply system based on one gigocalorie.
With a one-component tariff, only consumed cubic meters are paid, which include expenses for other needs. In addition, the approved methodology, which answers the question of how to calculate and how much a cube of hot water costs, also takes into account which category of consumers you belong to. It can be industry, budgetary institutions or population.
A household hot water meter is used, which is installed on the basis of the decision of the general meeting of owners of residential premises
If other categories of consumers have all questions about utility bills, special staff members legal entity, then the population calculates and pays for the consumption of hot water on their own. At the same time, he is also entrusted with the obligation to pay the costs of general household needs. For this, a household hot water meter is used, which is installed on the basis of a decision of the general meeting of owners of residential premises.
According to a separate scheme, hot water supply is calculated in the event that an individual boiler room is installed in the house. So, in payments there is no line "hot water supply", and instead of it 2 positions are set: water heating and cold water supply for hot water supply. This subtlety will need to be taken into account by all homeowners in such houses.
Payment for hot water for the population
- by counter;
- according to the general standard.
The first option is the most beneficial for the owner of the dwelling, since it allows you to pay only for the amount of hot water that was actually consumed by him. Moreover, every month he will need to transfer the meter readings to the local resource supply company. It is usually called Vodokanal or Teploenergo and is municipal property.
Payment for hot water by meter
In the second case, you have to pay based on the general standard established by the Government, taking into account the number of residents registered in a particular living space. Usually the standard is applied when the meter is not installed in the apartment or it has broken down. At the same time, as a measure to stimulate the population to install metering devices, the Government has been gradually increasing the standards by 2017 by 1.6 times since 2015.
As for the specific figures, for 2016 in Moscow the rate of hot water consumption is set at 166 liters per day per person. In other regions, it may be different. In any case, it will be more profitable to pay by the meter, so it makes sense to install it indoors as early as possible.
Important! In addition to the standard and meter readings, the cost of hot water is also calculated taking into account the readings of the general metering device.
You can find out how to count one for hot water by contacting a company that provides services for the management of your apartment building. Generally speaking, the readings of apartment meters are subtracted from the readings of the general metering device, and the resulting balance is divided on the basis of a special formula for all residents registered in the house.
Hot water bills
Directly residents of apartment buildings are usually not involved in the calculation of one. Since this is the responsibility of the local housing department or HOA, for them a line with this indicator is specially highlighted in the payment receipt, which will need to be paid as part of the general receipt. In the event that the amount of one, in your opinion, will be overstated, this may be the reason for your appeal with a demand to recalculate it. It should do Management Company within ten days. If this does not happen, you have the right to appeal the company's actions to the Housing Inspectorate or the court.
It should also be borne in mind that modern technologies allow you to pay for utilities remotely or on a special schedule. This will be especially convenient if you leave the region of your residence for a while or are very busy. To make payments on schedule, you will need to write a statement about this at the local branch of your bank or adjust accordingly Personal Area on your bank's website.
In any case, try to pay the cost of hot water in full and on time.
Further, the required payment amounts will be withdrawn from your account at the right time, which will allow you not to become a debtor on utility bills. In any case, try to pay the cost of hot water in full and on time.
Meter readings transmission
As you already understood, the easiest way to calculate the hot water consumption is to take readings from a meter installed in a living room. This procedure must be carried out once a month. To do this, it will be necessary to write off the first 5 digits of the readings from the meter.
Hot water consumption calculation
Based on them, you can independently calculate the consumption of hot water for yourself. To do this, subtract the new readings from the readings for the last month. The difference you get will be your monthly expense.
If you are interested in how to calculate hot water according to a receipt, then you can do this by multiplying the readings obtained using the meter by the tariff in force in your region. Such a calculation can be useful to you in the event that you have questions about the numbers indicated in the payment receipt. With claims on this score, you often turn to the resource supply company, where you are obliged to recalculate the hot water you consumed.
Unscheduled water meter check
After you take the readings from the hot water meter, they will need to be handed over to the supplying organization. This can be done in several ways, for example:
- using the website of such an organization or management company;
- using special forms;
- at the office of the organization supplying you with burning water.
After transmitting the readings of an individual hot water meter, you will only have to wait for a receipt for its payment to come to you. If you figured out how to calculate hot water by this time, you can double-check the amount billed to you in order to avoid mistakes. Moreover, if several water meters are installed in your apartment, you will have to transfer readings from all of them.
By the way, you will need not only knowledge of how to calculate hot water, but also how to check the accuracy of the meter reading. To do this, record the readings of the three red numbers on its scale, after which about 30 liters of water are drained from the tap using a ten-liter bucket. In the event that a larger or smaller figure is reflected on the meter, this may be a sign that an unscheduled check is required for the water meter.
Internet bank for payment for hot water
After you receive an invoice based on the testimony you provided, you can pay it in several ways, for example, at the Russian Post, through the Internet bank, and also using an ATM. In the event that you delay the payment for more than 3 months, you may be charged a penalty, and the hot water may be turned off. After six months, utilities will be able to go to court for eviction from the premises they occupy.