A new scheme of payment for housing and communal services directly RSO. What are utility bills Changes in housing and communal services from January 1

Changes in the Housing Code (on the transition to new contractual relations between the owners of premises in apartment buildings and resource supply organizations):

"In the cases provided for in Article 157.2 of this Code, payment for utilities is paid by the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the rental of residential premises of state or municipal housing stock in this house to the relevant resource supply organization and to the regional operator for handling municipal solid waste."

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Debts in the housing and communal services sector are the main problem in the provision of public services. The most problematic regions are Moscow, Kamchatka Krai and some others. Moreover, the main reason for the appearance of debts is by no means the consumer himself, but management companies. Intermediaries represented by the Criminal Code for various reasons delay deductions. The new bill on direct payments between the consumer and the utility provider will solve this problem.

What are the objectives of the new law?

Many management companies do not cope with the tasks assigned to them. There are many reasons for delays in paying utility bills. And the main one is the corruption component. Previously, the management company (MC) was an intermediary between the consumer and the resource supply organization (RSO). The new legislative document will make it possible to directly conclude an agreement on the supply of services with the RSO.

On March 23, 2018, in the third, final reading, a bill was adopted, on the basis of which it is possible to exclude the UK from the payment chain for the services provided. According to the new law, the owners of an apartment building at a meeting can decide on their own whether to conclude an agreement or to refuse it. You can enter into an agreement with RSO supplying the following utilities:

According to the authors of the project, RNOs supplying electricity and gas to residential buildings have been operating in the Russian Federation under this scheme for many years. Another reason for the adoption of this law is the high rate of debt collection in the presence of a direct contract.
According to the new draft law, RSOs have the right, from the moment it is adopted, to unilaterally terminate agreements with the Criminal Code. The main condition for this is the presence of a debt in the amount of two average monthly charges or more. Many property owners in apartment buildings are wary of receiving double receipts. In order to avoid this, the Goszhilnadzor body is notified of the adoption of the law.

The law itself comes into force on April 1, 2018. But some of the norms indicated in it will be put into effect gradually. The main tasks to be solved by the adopted bill:

• increase in the rate of collection of funds - the exclusion of the MC from the payment chain will reduce delays in payment;
  reduction of the corruption component - many criminal companies are created with the aim of embezzlement of citizens' funds;
• simplification of the settlement scheme between the consumer and the resource supplying organization;
• establishing order in the field of residential property management.

Even before the official publication, it became known about serious penalties in relation to the management companies that do not comply with the requirements for calculations. If there are errors, a penalty of 50% of the amount of the incorrectly indicated amount will be assigned. This bill was proposed personally by Vladimir Putin.

The main advantages of the new law, cons

The adopted bill resolves many complex issues that have accumulated in the field of housing and communal services. It protects the interests of ordinary citizens, as well as resource-supplying organizations. Previously, there were frequent cases of disconnection of entire apartment buildings - due to delays in payments from the Criminal Code. At the same time, the tenants fulfilled their debt obligations on time, without any delays.
In addition, tenants now have the right to choose a service provider. For example, garbage collection can be carried out by different companies. Thanks to the adoption of the new law, today the citizens themselves will have the right to choose a legal entity engaged in waste management. There are certain problems in this segment of housing and communal services. The new bill will create healthy competition in the field of waste disposal.

Many management companies artificially inflated prices for the supplied housing and communal services. Especially often it concerned the supply of hot water. Many residential buildings were completely equipped with their own boiler rooms in the basement and payment was not required. The new law will strengthen the control of tenants over the Criminal Code. Provides a new pressure lever. Management companies will become more responsible for the performance of their immediate duties.

Some problems may arise with the process of recalculation for the low quality of the services provided. At the same time, it will not be difficult to resolve this issue legally. Responsible for the supply of services are RNOs - with which a contract is directly concluded.

Ordinary citizens who decide to use the new right are afraid of the possibility of double receipts. When the Criminal Code, despite the decision taken jointly and severally to refuse its services as an intermediary, still issues invoices. If the agreement with the RSO was concluded within the framework of the law, all the mandatory procedures have been completed, then there is no need to pay receipts from the management company that come after the date of the agreement.

If the owner of the residential premises found two receipts in his mailbox, then it is necessary:

• notify the Criminal Code in writing of the refusal of its services;
• keep the receipt of payment (there is no need to transfer funds to the Criminal Code);
• contact your local housing authority.

Goszhilnadzor is a special organization that inspects housing and communal services. If violations are found, they must be contacted in writing or electronically. Today, all divisions of the inspection have their own websites. You can contact by phone, email. The new law comes into force on the day of its official publication.

The Ministry of Construction expressed the opinion that from 30 to 40% of management companies could leave the market after the adoption of the law. Moreover, this will positively affect the industry as a whole. Since it will be left first of all by companies that dishonestly fulfill their obligations to the RSO and consumers of public utilities. The mode of concluding an agreement directly with the RSO is determined by law.

Key changes in the second quarter of 2018

Utility resource providers and regional MSW operators can directly enter into contracts with owners and tenants of housing in apartment buildings. The way the house is run does not matter. In this case, consumers will pay for utilities directly to the supplier or the regional operator.

You can switch to direct contracts at the initiative of the owners. They have the right to decide this issue at the general meeting.

Resource supply companies and regional operators can also initiate the transition by unilaterally refusing to execute the contract with the person managing the MKD. This is permissible if the debt for utility resources or services for the removal of solid waste is two or more average monthly payments. The debt must be recognized or confirmed by a judicial act that has entered into force.

The Ministry of Economic Development notes that the increase in tariffs will not exceed the level of projected inflation. Meanwhile, consumers consider the indexation of tariffs as an unjustified measure. For each region, the percentage of indexation will be different. For example, for St. Petersburg and Yakutia it will be higher - tariffs in these subjects of the Federation will increase by 6%, and in Moscow tariffs will increase by 7%.

Rates of payment for the use of residential premises owned by the city of Moscow for tenants of residential premises under a contract for social rental of residential premises and a contract for the rental of specialized residential premises ...

Rates of payment for the use of residential premises owned by the city of Moscow for tenants of residential premises under a social rental agreement for residential premises and a contract for the rental of specialized residential premises (rates of payment for social rental of residential premises and hiring of specialized residential premises)

Prices for the maintenance of residential premises for tenants of residential premises owned by the city of Moscow and provided for use under a contract for social rental of residential premises, a contract for hiring a specialized ...

Prices for the maintenance of residential premises for tenants of residential premises owned by the city of Moscow and provided for use under a social rental agreement for residential premises, an agreement for the rental of specialized residential premises and an agreement for the rental of residential premises of the housing stock for commercial use; for citizens-users of residential premises owned by the city of Moscow and provided for use under a contract for gratuitous use; for citizens-owners of residential premises in apartment buildings located on the territory of the city of Moscow, if at the general meeting of owners of premises of an apartment building in the prescribed manner a decision was not made to establish the amount of payment for the maintenance of residential premises, with the exception of the population living in residential premises located in municipal property and property of citizens, on the territory of the Troitsky and Novomoskovsky administrative districts of the city of Moscow (prices for the maintenance of residential premises)

Housing and communal services tariffs from July 1, 2017 in Moscow, table

Tariffs for cold water and water disposal for the population of the city of Moscow, with the exception of the population living in the territory of the Troitsky and Novomoskovsk administrative districts of the city of Moscow

Tariffs for hot water for the population of the city of Moscow, with the exception of the population living in the territory of the Troitsky and Novomoskovsk administrative districts of the city of Moscow

Tariffs for thermal energy (heating) for the population of the city of Moscow, with the exception of the population living in the territory of the Troitsky and Novomoskovsky administrative districts of the city of Moscow

Tariffs for electric energy (electricity) supplied by energy sales organizations to the population of the city of Moscow, with the exception of the population living in the territory of the Troitsky and Novomoskovsk administrative districts of the city of Moscow

Retail prices for natural gas for settlements with the population of the city of Moscow living in the territory of the Troitsky and Novomoskovsky administrative districts of the city of Moscow

The retail price for solid fuel (coal) supplied within the established norms for the domestic needs of the population of the city of Moscow living in houses with stove heating, with the exception of the population living on the territory of Troitsky and ...

Rates of planned and standard expenditure for calculating the amount of subsidies provided to organizations that manage apartment buildings from the budget of the city of Moscow for the maintenance and current repairs of common property in ...

Rates of planned and standard expenditure for calculating the amount of subsidies provided to organizations that manage apartment buildings from the budget of the city of Moscow for the maintenance and current repairs of common property in an apartment building, with the exception of apartment buildings located on the territory of the Troitsky and Novomoskovsky administrative districts of Moscow, residential premises in which are owned by the municipality or the property of citizens

Mark Goykhman, a leading analyst at Teletrade Group, notes that Russians' expenses for housing and communal services have long become a painful item in family budgets. On average, 12% of people's expenses are spent on these purposes. And in households with low incomes - up to 33%. After all, real incomes of the population have been steadily declining since 2014. Their decrease in January-May 2017 alone amounted to 1.8% compared to the same period in 2016, according to Rosstat. At the beginning of 2017, residents' debts for housing and communal services amounted to approximately 275 billion rubles, according to the Association of Real Estate Companies (AKON).

Housing and communal services can be understood as energy resources provided by authorized organizations to ensure comfortable living conditions in a residential real estate object. The current federal legislation fully regulates the procedure and basic rules for the provision of housing and communal services.

It is worth noting that there are quite a few ways in which payment for services can be made in full. If a delay in established payments is allowed, certain taxes may be imposed on the citizen, up to and including eviction from the occupied apartment.

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In order to understand the provisions that are included in the new law on the calculation of interest on rent, it is important to familiarize yourself with the established obligations of the recipient of services, with the articles of this regulatory act, as well as with the existing statute of limitations for paying debt obligations.

Consumer Responsibilities

The rules under which the accrual of certain utility bills and their recalculation are carried out are determined by a special decree of the Government of the Republic of Moldova No. 354.

These provisions are as follows:

• the current level of utility bills is calculated based on the indicators of energy consumption metering devices installed in the premises;
• if there are no such reading devices, then the calculation of the cost is carried out in accordance with the established consumption standards, the registration of which is carried out by the territorial governing bodies;
• the calculation of the total amount is carried out depending on the actual number of persons living in the premises.

It is worth noting that as of 2019, each owner of a dwelling must install reading energy devices to account for the consumption of water and gas. All citizens who live in a property under a social tenancy agreement must install appliances provided at the expense of the local municipality.

As for devices that read energy indicators in the whole house, their installation should be carried out by the direct owners of the apartments. Responsibility for the absence of individual energy meters is not provided for by the current legislation.

However, based on the amendments to the law on rent debtors adopted back in 2019, financial sanctions may be imposed on the owners of the premises for refusing to install such meters - from January 1, 2019, the amount of utility bills for such categories of persons increased by 60%.

The advantages of installing meters on energy and supply systems are obvious and lie in the fact that interested parties do not need to collect a specific set of documentation to carry out the recalculation

Articles of the law on rent

How is it calculated

The total amount of payment for the relevant housing services directly depends on the level of consumption of a particular energy resource. As for the payment for services provided for the needs of the whole house, their amount depends on the area of ​​\u200b\u200bthe dwelling.

If you don’t have utility bills on hand, it will be useful to know.

What formula is used to calculate the interest on the rent in 2019, and from what moment it begins to accrue, you can find out.

The changes made to the current legislation also provide for certain liability of authorized organizations in case of violation of the rules and procedure for calculating the cost for the provided housing and communal services.

If such nuances are admitted, the service provider must reimburse the costs in favor of the consumer in the amount established by the regulatory enactments.

Possibility of recalculation

In 2019, interested citizens can recalculate utility bills that were accrued as part of the supply of gas and cold water services. Persons who leave their place of actual residence for a period of more than 7 days may exercise their legal right to recalculation.

It should be noted that this procedure can be carried out only by owners whose premises do not have the appropriate individual devices for reading energy information. There are several options for using the right to recalculate.

In the first case, during 30 days from the moment the energy consumer actually returns to his place of permanent residence, he must apply to the territorial office of the subscriber organization or the Multifunctional Center with a corresponding application.

Together with this document, without fail, a set of accompanying papers must be provided, which can confirm the fact of the absence of a citizen for a long time period. Authorized employees of the subscriber organization or the Multifunctional Center will carry out the corresponding recalculation within 5 working days. It is important to note that in time recalculations of the day of departure and arrival of a citizen.

As for the second option, within its framework, a citizen interested in recalculation must visit authorized organizations even before the day of actual departure from the place of residence and submit an application. Employees of organizations will generate a special receipt, according to which gas and cold water supply indicators will not be taken into account.

This procedure can be carried out only on the basis of the terms indicated by the citizen in the application. In any case, the maximum period cannot exceed 6 months. After returning to the apartment, the consumer of services must provide supporting authorities with supporting documentation of his absence. Otherwise, a reverse recalculation may be carried out and not in favor of the citizen.

Among the documents that can prove the fact of the absence of a person at the place of residence, it is worth highlighting the following:

• business trip certificate;
• a certificate stating that during the specified period the person was undergoing treatment in a sanatorium or medical center;
• route tickets, which indicate the name of the applicant;
• bills from hostels, boarding houses or hotels;
• any other papers that the applicant considers proof of his absence.

non-payment

In 2019, the legislation regulating the amount and procedure for accruing utility bills establishes the amount of interest for late debt obligations, which is 1/300 of the key rate of the Central Bank of the Russian Federation for each day of missed payment. Interest costs begin to accrue after three months of non-payment.

It should be noted that the key rate is subject to constant changes. This suggests that, over time, the accrued penalties may become less or more, depending on the economic situation as a whole.

Since March 2019, all debt obligations for utility bills are entered into the personal file and credit history of the debtor, and this information is entered into the appropriate register by representatives of the managing organization

statute of limitations

In the case of utility payments, the statute of limitations is the time period during which interested persons or organizations can apply to higher courts to protect their own rights. It should be noted that the total within the framework of such relationships is 3 years.

Since the current legislation does not regulate the established period for utility payments, in most cases the general statute of limitations applies. The Civil Code of the Russian Federation establishes that all claims for the protection of rights must be considered by the court without fail.

The application of the limitation period is determined only by specific cases, in which one of the parties to the dispute submits an appropriate application. Provision of such a document to the court may be the basis for dismissal of the claim.

In this framework, it is also important to take into account the following circumstances:

• in case of claims of authorized organizations for payment of obligations, the validity period of which is more than 6 years, the defendant must during the trial note the act that the service provider missed the limitation period - this will help in removing the claim from the agenda;
• nothing can prevent the service provider from collecting the debt for the established 3 years;
• the court can partially satisfy the requirements of the organization even if the limitation period has expired and the citizen will have to return part of the accumulated debt.

It should be noted that, in accordance with the current federal legislation, legal entities do not have the right to restore the statute of limitations. However, in this case it is very important to understand that there is a so-called concept of interruption of such a period. This means that the period can be interrupted and started anew, in other words, restarted.