Every citizen is interested in what rule for calculating the cost of utilities is in effect now. Therefore, paragraph of Art. 354 can reveal important questions, and give answers as established by law.
Resolution 354 as last amended 2016,
The regulation from the government of the Russian Federation on utilities was created in June 2011. After that, the law was required to be amended, so every year in April, March, July, May, mid-June and in other months, a new draft was introduced with changes. Russian law for this period operates in accordance with the latest amendments. It is worth investigating this right before considering amendments.
Federal law in Resolution 354 contains the following sections:
- Provision of services that the user and the owner of the premises will receive;
- Condition and main order of how the service is provided;
- Metering devices and calculation of the size of the payment;
- Recalculation and accrual for heating, electricity, water;
- The issue of canceling the provision of services;
- Application, where there are calculation rules, as well as the formula and rate standard;
- Changes to be made to the act.
The current edition with the latest changes has some amendments in accordance with the current situation in housing and communal services. For December 2015, it was required to approve the amendments, which will enter into force in 2016. Also, the federation made changes to the government's vision of this document in September, April, at the end of January and other months. Many portals, such as consultant plus, pay attention to the text of this provision, so it is worth considering each part of it in the latest revision. for different types of services.
About utilities
Regulation number 354 regulates the consumption of housing and communal services resources for owners and users of residential apartments or non-residential premises. The new version of the law of the Russian Federation contains consumption standards and payments for them. For example, the document explains when the settlement force for a utility package begins. Entry into force begins at the time of the emergence of property rights, from the date of the conclusion of the lease for the premises, from the date of the lease and entry into the apartment building. Judicial practice confirms the guarantor of compliance with Resolution 354 throughout the Russian Federation, including the Moscow region, Kirov and Perm.
Heating
This section describes the general household needs for providing heating to citizens. This paragraph explains in examples how much, according to the rules, the length of heating should be calculated in terms of time and temperature in the apartment. Temperature and heat are regulated according to the approved standards, the amount of payment for heating is calculated.
By electricity
With this sub-clause, the regulation determines the order in which the supply and distribution of electricity is carried out. the voltage standards, the period that is possible due to the temporary lack of energy, about the verification of lines and about energy saving are indicated. During the year, there is a restriction on the time of absence. The edition contains requirements for line voltage in accordance with GOST.
General House Needs Ordinance 354 To Pay Or Not To Pay?
Many people ask whether or not to pay the bill for the general housekeeping is needed. The Housing Code stipulates that the costs of water supply and other services for general household needs will be evenly entered into each separate receipt. This payment is important in relation to the provision of utilities, so everyone pays receipts.
Recalculation for heating according to the general house meter according to resolution 354, calculation formula
The contractor issues an invoice for electricity or hot water on the day the receipt is issued on the counter. Recalculation for cold water is carried out according to the formula, where the volume for non-residential premises, the volume for apartments for individual accounting, the volume of hot water and the volume of costs for water supply are subtracted from the unaccounted volume of water for the accounting period and multiplied by the area of the apartment divided by the area of all apartments. Today you can download an application for free, which contains order 354, where there is a calculation form, correction and comments.
The relationship between public utilities and citizens is governed by the rules for the provision of public services PP of the Russian Federation No. 354 as amended in 2017. Read about the basic rights and obligations of consumers and suppliers of housing and communal services, as well as disputes between the parties, in the article.
from the article you will learn:
Interaction between consumers of housing and communal services and those who provide them, since 2011, is described in the Government Decree No. 354 - the rules for the provision of communal services. This piece of legislation is regularly revised. Last revised on September 9, 2017.
Rules for the provision of utilities according to the PP of the Russian Federation No. 354
Until 2011, the relationship between consumers and utilities was regulated by the RF Resolution No. 307. With the entry into force of the RF Resolution No. 354, many of the rules have changed. In particular, the following innovations appeared in the resolution:
- ODN introduced, often causing disputes between citizens and management companies;
- it became possible to check the quality of the provided utilities with the help of expertise;
- the debt period for disconnecting services was reduced from 6 to 3 months;
- it became possible to pay for housing and communal services directly to resources;
- consumers received the right to install metering devices in separate rooms (this is necessary, mainly, in communal apartments), and so on.
In general, the purpose of the document remained the same, although its volume doubled. Obviously, every year there are more and more nuances that need to be included in the rules for the provision of utilities. For this reason, changes appear in the decree. The explanations prepared by specialists working in the housing and utilities sector help to understand them.
What is included in the list of utilities?
Receiving utilities is one of the basic rights of a citizen of the Russian Federation, regardless of his place of residence. The necessary list of housing and communal services is supplied to dwellings on an ongoing basis throughout the year. The only exception is heating. Heat is supplied according to special regulations issued in each region, depending on weather and climatic conditions.
The rules for the provision of utilities allow for the disconnection of all types of resources in case of repairs or accidents. For such situations, the maximum allowable duration is indicated. It is calculated for the reporting period. If during this period the number and duration of outages of utility services exceeds the established norms, then residents can officially file claims.
Let's list the types of public services that citizens should be provided with.
1. Power supply. Its filing is mandatory, and any interruption is considered an extreme situation and is eliminated as soon as possible. Electricity is supplied without interruption at any time of the day. Its capacity, according to the rules for the provision of utilities, must meet the needs of residents.
2. Cold water supply. Cold water is supplied via a citywide or local network. If it turns off, then the delivery of drinking water to the water pump is organized within walking distance. When supplying water, the following requirements are mandatory:
- compliance with sanitary standards;
- proper pressure;
- uninterrupted supply.
3. Hot water supply. The supply is carried out through the central water supply. In its absence, common house or intra-apartment heating devices are used.
4. Drainage of sewage. When water is supplied, its diversion is also arranged in parallel. The sewerage system in the dwelling includes a common pipe (riser) and pipes going to it from each of the points of water intake.
5. Heating. In the cold season, it is carried out around the clock. The rules for the provision of utilities determine the minimum air temperature that must be maintained in a dwelling.
6. Gas. Houses are most often connected to the gas supply using the main gas pipeline. If it is not there, then it is permissible to use gas from replaceable cylinders or specially equipped storages for it.
The set of utilities depends on the level of home improvement and can vary significantly. If tenants do not receive any resources, then the monthly payment for housing and communal services will be lower. All these points are spelled out in the contract with the service organization.
Changes in government decree 354 for 2017-2018
The rules for the provision of public services to citizens defined in the RF PP No. 354 in 2017 once again received a number of changes. The adjustments concern the most pressing issues for consumers and utilities. Here are some important updates:
- parking spaces began to be considered non-residential premises and individual real estate objects;
- utilities have the right to install control seals and other devices to track illegal interference in the operation of metering devices;
- management companies can be fined for unreasonably high rates. This requires a consumer appeal.
The rules for the provision of utilities 354, as amended, can be found directly on our website. In the article you will find a link to the current version of this document.
Payment for utility services
Consumers of housing and communal services are obliged to pay them in full every month. Together with responsibilities, citizens also receive a certain set of rights. Utilities must be of appropriate quality. If the management company does not properly perform its duties, residents can terminate the contract with it and choose another organization.
In addition to the resources listed above, the consumption of which is monitored by meters or standards, tenants pay for a number of other services. Including, the following expenses are registered in the receipt:
- for the maintenance of a multi-storey building;
- to carry out major repairs;
- maintenance of elevators (if any);
- for the removal of solid household waste;
- for cleaning entrances, local area and other common property;
- to pay for intercoms.
According to the rules for the provision of utilities, all these costs are calculated in the management company and entered into the receipt. In some cases, a fairly large number of points are formed in it, which it is far from always possible to deal with the first time. Moreover, each figure must have a justification. Any article fits in accordance with the current rates and rates.
In the receipt, expenditure items are divided into personal, related to a specific apartment, and general household consumption. Many categories of citizens have benefits for housing and utility payments. They are indicated as justification for the application of the reduced tariff.
Rights and obligations of consumers and service providers
The rules for the provision of communal services provide a strict regulation of the legal relations between the suppliers of housing and communal services and their consumers. Chapters 4 and 5 are devoted to this.
A service organization, in accordance with its set of rights and obligations, should (may):
- timely provide residents of KU. It is engaged not only in providing the resources specified in the contract with the consumer, but also serves the territory adjacent to the high-rise building, common and apartment premises;
- accept requests for repairs and fulfill them, eliminate faults in a timely manner, maintain the house in good condition;
- demand timely payment for services in a timely manner, charge penalties and fines for their violations. At the same time, the receipt must contain a deadline in which the consumer needs to deposit money;
- receive compensation from the state for beneficiaries who pay for housing and communal services at reduced rates;
- control how the rules for the operation of engineering networks and technical means are observed;
- check the meters installed in the apartments, the state of communications;
- have access to all premises.
In accordance with the rules for the provision of communal services, the management companies themselves conclude contracts with the suppliers of housing and communal services. Residents should be alerted to emergency situations that affect them. Notices about repairs, deadlines for eliminating accidents and other deviations are posted on boards accessible to all residents.
Consumers are assigned their rights and obligations. In particular, they must (may):
- receive services of proper quality in the required volume;
- apply for a check of the calculations made with the correction of the errors found;
- receive acts and other legally binding documents, with the help of which damage from accidents is confirmed for its further compensation;
- be sure to inform emergency services about force majeure situations;
- timely and fully pay for the received housing and communal services.
The rules for the provision of public services warn consumers against various unauthorized actions. If they are identified, significant fines can be charged.
Settlement of disputes between consumers and utility providers
The main disputes in the field of housing and communal services are related to:
- late payments by consumers;
- the tenants committing illegal actions (interference with the work of meters, damage to common property, and so on);
- erroneous calculation of payment for KU;
- failure of the service organization to fulfill its duties.
The Criminal Code, according to the rules for the provision of utilities, can deal with non-payers of fines and the disconnection of supplied resources. Eligible debtors can be accommodated and provided with an installment plan to pay off the debt. Misconduct is punishable by fines. They can be imposed and recovered, including by court.
Consumers, if they have a complaint, first of all contact the management company itself. Most violations are eliminated in this way. In addition to the Criminal Code itself, controversial situations can be considered:
- the administration of the municipality;
- housing inspection;
- Rospotrebnadzor;
- the prosecutor's office;
- by the court.
Attached files
- Rules for the provision of communal services to citizens under the PP of the Russian Federation No. 354.doc
Recalculation for utilities takes place on the basis of the adopted legislation. If the owner has metering devices, 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 failures occur, as 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 for the 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, 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 model of the situation is most often the following: the owner of the apartment does not send the meter readings. This happens for both objective and subjective reasons.
For example, forgetfulness or family leave may cause the owner of the apartment to temporarily not transmit the data of his meter. In this case, the next month after the landlord resumes the transfer of data, he will be recalculated.
Legal acts
The recalculation has a completely legal basis. In 2011, the government of the Russian Federation adopts the well-known Resolution No. 354. All sections of this legal act are devoted to the rules for the provision of public utilities 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 the fee 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. Everything is clear with the meters, the recalculation will be done automatically when the next data is loaded from the 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 utility bills. Therefore, in the new edition, the procedure for recalculation in different situations is detailed.
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 Decree, 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 performer and the consumer, the performer 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 Ordinance:
- 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.
- 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.
- 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 in 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 Federal Migration Service 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 amendments 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.
A citizen of the Russian Federation (each separately taken) is a consumer of the state's resources: water (for hot and cold), electricity, etc. The basis for access is an agreement concluded with an enterprise, in this version a communal one (it is also a contractor). The provision of the possibility of recalculation for the absence of such is guaranteed, they can approve a temporary restriction of access, etc. - more specifically, the process is regulated by the Housing Code.
According to the established standards 354 of the Decree of the Government of the Russian Federation (regulates relations along with the housing estate), each citizen is given the opportunity and the right to recalculate payments for services (in this version, utilities). The new edition and the latest changes to it provide the most comprehensive answers to the owners and simply users of premises / houses (multi-apartment) to all questions of interest. The guarantor in legal terms is the state itself, regardless of the city / region, for example, for Moscow it is the MNP.
last modified 2016
The creation of Resolution 354 of the Government of the Russian Federation dates back to 2011 (May-June). As well as other legislative acts, it requires the introduction of amendments that are relevant today (based on reality in housing and communal services), which are made on an annual basis without reference to the period (they can be introduced / planned for both January and May).
The new version of the law (latest amendments) entered into force at the beginning of January of this year (were introduced at the very end of last 2015).
Household needs - to pay or not to pay by order 354
According to the latest changes, the general building needs for electricity are also affected by the Decree of the Government of the Russian Federation No. 354 (paragraph 44). Now:
The coefficients of drainage standards have been revised (recalculation is in progress);
the regulation on the installation of specialized meters was approved;
proposals to reduce these tariffs are being considered (approximately 10-15% reduction);
measures are being taken to stimulate organizations / enterprises (housing and communal services) that provide various types of services (communal) relevant to users of houses (multi-apartment), etc.
Changes in housing and communal services
354 Decree of the Government of the Russian Federation regulates consumer standards for resources and their subsequent payment for owners / users of premises (residential). The new edition clarifies when the charge for the full package or a separate part of it for utility services begins. The latest changes clarify: the force of calculation begins to operate from the moment you enter any room or apartment building.
Calculation of the amount of payment for utilities - 354 decree
354 FZ of the Government of the Russian Federation regulates the procedure for distributing accounts. There are also instructions there: every citizen (user of an apartment building) is obliged to submit meter readings to employees every month (payment must also be made monthly).
Heating recalculation
If we consider in more detail the 354 Federal Law of the Government of the Russian Federation (new edition), it becomes clear that the tariffs for premises / apartment buildings are planned to be reduced (the amount of the discount depends on the region). In the current version (recent changes), the procedure for paying for utility services has been significantly simplified, for example, payments for heat are now made according to a special system (simplified).
Payment for utilities
354 Decree of the Government of the Russian Federation on public utilities (current version, recent changes) includes a special appendix, which describes in detail the recommendations on the calculation rates (the formula for adjusting the data (clause 44, clause 2), rules and regulations have been replaced). Measures to control use / consumption have been tightened, and the current version contains special instructions regarding the installation of counting equipment (meters).
Ordinance 354 as last amended 2016 on utilities
You can familiarize yourself with the current text at the request "354 Resolution of the Government of the Russian Federation on the recalculation / calculation of payments for services (utilities) for citizens" on our resource (website) or download in a convenient online mode and completely free