Recalculation of utility bills according to the law. How to get a recalculation of utility bills
Perhaps everyone is familiar with this, because every month apartment owners receive relevant notifications. In the future, they either pay the bills themselves or transfer them to the tenants for payment. Be that as it may, payment must be made.
However, situations often arise when the accrued amounts literally scare payers. They do not understand where such amounts could have been obtained. For the purpose of investigations, service users have to contact management companies to check accruals and, if an error is detected, to perform a recalculation.
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But the need for recalculation may occur in other situations. For example, in fact, one person lives in the apartment, but the payment slip indicates a large number of residents. Another option is to live in an apartment temporarily, but the communal apartment continues to arrive in the same size.
Reasons
So, ask management company Rent recalculation is available for the following reasons:
- services were not provided properly;
- services have not been provided for a long time;
- change in the form of ownership of residential premises;
- getting ;
- absence of residents in the apartment for some time.
The most common reason for recalculation is precisely the last point - the temporary absence of residents in the apartment, however, it should be noted that even in this case at least some money will have to be paid
You can only reset your invoices for the following services:
- gas supply;
- electricity;
- water supply;
- drainage;
- water heating;
- garbage removal.
Submitting an application
If there is a reason to ask for a recalculation of the rent, you should proceed to the next step - writing an application to the management company. This procedure seems to be the most difficult for owners, because they do not know what the approximate content of the text should be.
The following instructions will be of some help in this situation:
- In the upper right corner, information is written down to whom the application is assigned and from whom (for example, the head of the management company “Comfortable Housing” Alexander Sergeevich Pugachev (here you indicate the name of your management organization and the full name of its head - exact information on this matter should be requested from the utility workers themselves) from Ivanova Liliya Ivanovna, living at the address ... (the applicant’s data is displayed accordingly)).
- Then, just below the middle of the line, the word “statement” is written. It begins with a capital letter, there is no period after this word.
- Next comes the text of the statement itself. It will look something like this: “Please recalculate the amount of payment for housing and communal services (here you should specify for which services: gas supply, electricity, water supply, etc.) for the period from ... to ... (the exact dates up to the day are indicated)" .
- You should then indicate the reason for the request. For example, “due to the fact that Marina Sergeevna Ivanova and Sergey Alekseevich Ivanov were temporarily absent from the occupied residential premises.”
- After this, you need to prove the correctness of your words. It will look like this: “The basis for recalculation is the following document: ... (indicate the name of the document according to which the absence of residents at their permanent place of residence during the specified periods is confirmed), attached to this application.”
- And at the very end of the document, the date of drawing up the application is indicated and the applicant’s signature is affixed.
How is rent recalculated for previous months?
But not everyone knows how rent for previous months is recalculated, and, in general, within what timeframe it is possible to return erroneously accrued funds. But it wouldn’t hurt to be aware of this, since utility companies often violate the rights of consumers by giving them false information and thereby not returning the due amounts.
Maximum terms
Most often, utility companies violate consumer rights by performing recalculations only for the last six months/3 months, etc. However, in reality the statute of limitations 3 years. This means that the recalculation must be carried out for this period (of course, if there are documented grounds for this).
Backdating
Not everyone knows that payers of services have the right to demand a retroactive refund. So, for example, if a family was entitled to benefits for paying utilities, but they were not taken into account when making rent payments, then the owner has the right to request a recalculation for the last 3 months payment.
If it is intended to recalculate retroactively due to the establishment of incorrect tariffs, then the statute of limitations will not be taken into account here: utility companies will have to recalculate the amount of accruals from the date of change in these same tariffs
Rights and regulations
Every citizen has his own rights and responsibilities and no one can interfere with them. However, utility companies often contradict Russian Legislation. To be more aware of the rules for making recalculations, it would not hurt to study part 8 of the Decree of the Government of the Russian Federation “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings."
So, according to it, if you do not reside at your place of permanent residence for a period from 5 days, the owner or tenant of a residential premises has the right to ask his management company to recalculate housing and communal services for the period of absence. But this rule applies only to apartments in which metering devices are not installed due to the technical impossibility of doing so.
But they may refuse to recalculate the rent for previous months for the following reasons: the required meters are not installed in the apartment, although there is a technical possibility for this, or if the metering devices installed in the residential premises are in faulty condition.
It is worth noting that not all housing and communal services can be recalculated. For example, payment for general household needs will still be made at the usual rates. This rule is also specified in the previously cited regulatory act.
Often it resolves the issue of debt restructuring and contributes to the development of a debt repayment mechanism.
Zubkov Sergey Vasilievich(10/18/2014 at 07:18:23)
Dear Anonymous. In accordance with the following paragraphs of the Rules for the provision of premises to owners and users of apartment buildings and residential buildings, approved. By Decree of the Government of the Russian Federation dated May 6, 2011 N 354, in the future you should write a notice to the management company or resource supply organizations that provide services directly about your absence from the living space, presenting any document from the list:
a) a copy of the travel certificate or a copy of the decision (order, instruction) on sending on a business trip or a certificate of business trip with copies of travel tickets attached;
b) certificate of being treated in a hospital medical institution or at a sanatorium-resort treatment;
c) travel tickets issued in the name of the consumer (if the consumer’s name is indicated in such documents in accordance with the rules for their execution), or their certified copies. In case of issuing travel documents in in electronic format the contractor is presented with a printout of them on paper, as well as a document issued by the carrier confirming the fact of using the travel document (plane boarding pass, other documents);
d) invoices for accommodation in a hotel, hostel or other place of temporary stay or their certified copies;
e) a document from the body carrying out the citizen’s duties at the place of his temporary stay in established by law Russian Federation cases, or a certified copy thereof;
f) a certificate from the organization providing private security of the residential premises in which the consumer was temporarily absent, confirming the beginning and end of the period during which the residential premises were under continuous security and the use of which was not carried out;
g) a certificate confirming the period of temporary stay of the citizen at the location educational institution, orphanage, boarding school, special educational and other children's institution with 24-hour stay;
h) a certificate from the consular office or diplomatic mission of the Russian Federation in the host country, confirming the citizen’s temporary stay outside the Russian Federation, or a certified copy of an identity document of a citizen of the Russian Federation containing marks of crossing state border the Russian Federation when leaving the Russian Federation and entering the Russian Federation;
i) a certificate from a dacha, gardening, vegetable gardening partnership, confirming the period of temporary stay of a citizen at the location of the dacha, gardening, vegetable gardening partnership;
j) other documents that, in the consumer’s opinion, confirm the fact and duration of the consumer’s temporary absence from the residential premises.
86. In case of temporary, that is, more than 5 full calendar days in a row, absence of a consumer in a residential premises that is not equipped with an individual or common (apartment) metering device, the amount of payment for the utility service provided to the consumer in such residential premises is recalculated, with the exception of utility services for heating and gas supply for the purpose of heating residential premises.
87. The amount of payment for utility services for sewerage is subject to recalculation in the event that the amount of payment for utility services for cold water supply and (or) hot water supply is recalculated.
88. Due to the temporary absence of the consumer in the residential premises, the amount of payment for utility services for general house needs is not subject to recalculation.
Actual non-residence refers to temporary absence of more than 5 calendar days, because the apartment belongs to you. If you do not live there and do not use electricity, then payment is out of the question: the meter “costs”.
It follows from this that you are practically obliged to recalculate (for the future upon presentation of any document) and not charge for cold and hot water supply, gas supply and solid waste (garbage) removal. In any case, there is a maintenance fee common property residential building, payment for heating and payment for the expenditure of utility resources for general house needs (including electricity). In fact, recalculation will reduce the total amount of payment for the month slightly.
Recalculation for the past three years can be done by agreement with these organizations or in court based on your claim.
Good luck. My answer is your feedback.
In the name of the Russian Federation
SOLUTION
Izhevsk Case No. A71-11496/2011
November 21, 2011
The operative part of the decision was announced on November 15, 2011
The solution was completed in full on November 21, 2011
Arbitration court of the Udmurt Republic composed of judge E.A. Bushueva
when keeping the minutes of the court session by secretary Shishkina A.A.,
having considered the case in open court based on the application
Municipal institution<Городское жилищное управление - Управ-
acting company in the housing and communal services of Izhevsk>,
to the Office Federal service for supervision in the field of protection of rights
consumers and human well-being in the Udmurt Republic,
Izhevsk,
on challenging the decision to bring to administrative
responsibility
interested person - Prosecutor of the Leninsky district of Izhevsk,
with the participation of the applicant’s representative, Yu.I. Cherepanova, at the meeting. By
power of attorney dated September 29, 2011, representative of the defendant - Svetlakova O.L.
by power of attorney dated 08.22.11, representative of the prosecutor - Vedernikova E.V.
according to certificate N 092226,
INSTALLED:
Applicant - Municipal institution <ГЖУ - Управляющая ком-
company in the housing and communal services of Izhevsk> appealed to Ar-
arbitration court of the Udmurt Republic with an application to recognize the
equestrian and the cancellation of the resolution of the Rospotrebnadzor Department for
Murtsk Republic dated September 21, 2011 N 1120, by which the applicant attracted
subject to administrative liability under Article 14.7
Code of the Russian Federation on Administrative Offences.
In support of the stated requirement, the applicant indicated that he
made adjustments to utility bills for owners and
for renters apartment building(MKD) on the street. village Mechanical engineers,
112 at the time of transfer of the house to the newly elected management body
tion for utilities for 2007. Adjusting the size of the plate
2
you for utilities on personal accounts for tenants and owners
for venniks MKD produces UIA<РИЦ>. At the same time, the deadline for the cor-
rectification, as provided for in clause 19 of the Rules for the provision of utilities
services to citizens, approved. Government Decree No. 307 dated
05.23.2006, was not complied with by the applicant, but this does not violate the rights and
interests of citizens related to payment for housing and communal services.
The mere issuance of receipts (invoices) to citizens for payment of commu-
municipal services, the rights (interests) of the residents of this house should not be violated
Maybe. Issuing receipts (invoices) to citizens for utility bills
services is only an offer to pay, and not an imposition of unconditional
payment obligations. When issuing invoices to citizens on
payment of utilities MU<ГЖУ - Управляющая компания в жи-
the housing and communal services of the city of Izhevsk> did not count the residents,
as indicated by the administrative authority, since there is evidence that
adjustment amounts were presented incorrectly, not presented. Not before
Evidence was also provided that residents of the apartment building on the street. village Ma-
tire manufacturers, 112 applicants collected more Money, how
provided for by law.
The administrative body did not recognize the stated requirement on the grounds
requirements set out in the written review.
The prosecutor's representative supported the defendant's arguments.
From the case materials it follows that the Prosecutor's Office of the Leninsky District
In Izhevsk, an inspection was carried out in relation to MU<Городское жилищное
Izhevsk> at the request of the authorized representative of building 112, pos.
Mechanical Engineers, Izhevsk Maksimova V.V. about violation of the law a-
government when calculating fees for housing and communal services.
During the inspection, it was established that between the owners of the residential building
ma N 112 pos. Mechanical engineers and mu<ГЖУ - Управляющая компания в
housing and communal services of Izhevsk> a management agreement was concluded
Resolution No. 231/1.1 dated February 15, 2006. In accordance with clause 2.1.4 of the contract
The management company undertakes to organize the acceptance of payments for
utilities, organization of payment for utilities
services, as well as organize the calculation of subsidies and payment benefits
services for the maintenance and repair of residential premises, utilities in
in accordance with current legislation.
MU<ГЖУ - Управляющая компания в жилищно-коммунальном хо-
farm of Izhevsk> presented invoices for payment of housing
utilities for residents of building 112, settlement. Mechanical engineers of Izhev-
ska, for June 2011, which indicates the amount of adjustment of the fee for
utilities in the amount of RUB 194,434.84, including hot water charges
whose water supply for the period from 01.01.2007 to 31.12.2007 in the amount of 51489.47
rub., the amount of adjustment of the heating fee for the period from 01/01/2007 to
12/31/2007 in the amount of 18,584.87 rubles, the amount of adjustment of the fee for cold storage
new water supply from 01.01.2007 to 31.12.2009 in the amount of 112,185.39 rubles. And
3
amount of adjustment of payment for water disposal for the period from 01/01/2007 to
12/31/2007 in the amount of 12,175.84 rubles.
Due to the fact that the presentation of adjustments for the 2007 legislative process
not provided for by the legislation, it is aimed at introducing consumers into
confusion regarding the actual cost of services, the Prosecutor's Office Le-
ninsky district of Izhevsk on August 23, 2011, a resolution was issued to initiate
the case of an administrative offense provided for by the statute
Article 14.7 of the Code of Administrative Offenses of the Russian Federation<Обман потребителей>. Test materials transferred
to the Office of Rospotrebnadzor for the Udmurt Republic, to the subordinate
whose responsibility includes the consideration of cases of administrative
offenses provided for in Article 14.7 of the Code of Administrative Offenses of the Russian Federation.
September 21, 2011 by the Office of Rospotrebnadzor for the Udmurt
The Republic issued Resolution No. 1120, according to which
MU<Городское жилищное управление - Управляющая компания в жи-
residential and communal services of Izhevsk> involved in administrative
no responsibility under Article 14.7 of the Code of Administrative Offenses of the Russian Federation<Обман потребителей>from on-
imposition of a fine in the amount of 12,000 rubles.
Having assessed the evidence presented in the case, the arbitration court
came to the following conclusions.
By virtue of Article 14.7 of the Code of the Russian Federation on Administrative Offences,
yah measuring, weighing, calculating, misleading in relation to and-
regarding consumer properties, quality of goods (work, services) or
other deception of consumers, except for the cases provided for in Part
Article 1 of Article 14.33 of this Code, in organizations carrying out
sales of goods performing work or providing services to
village, as well as citizens registered as individuals
local entrepreneurs in the field of trade (services), as well as citizens
working for individual entrepreneurs, - entails imposition
administrative fine on citizens in the amount of one thousand to two
thousand rubles; for officials - from one thousand to two thousand rubles -
lei; on legal entities- from ten thousand to twenty thousand rubles.
According to the rules of Part 4 of Art. 154 of the Housing Code of the Russian Federation, payment for utilities
New services include fees for cold and hot water supply,
water disposal, electricity supply, gas supply, heating, including
electricity places common use. Utility fee amount
services provided for in Part 4 of Art. 154 Housing Code of the Russian Federation, calculated according to tariffs,
established by government bodies of the constituent entities of the Russian Federation
Federations, bodies local government in the manner prescribed
federal law.
Part 1 of Article 157 of the Housing Code of the Russian Federation establishes that the size
utility bills are calculated based on the volume of consumption
of public utilities, determined by the readings of the instruments registered
that, and in their absence - based on utility consumption standards
new services.
4
Rules for the provision of public services to citizens,
approved by Decree of the Government of the Russian Federation dated May 23, 2006 N 307,
The procedure for calculating and paying utility bills has been established.
The amount of payment for electricity supply is calculated according to the tariffs established
updated for resource supplying organizations in the manner determined
legislation of the Russian Federation.
If the performer is management organization, That
calculation of the amount of payment for utilities, as well as the purchase of used
filler electrical energy, gas are carried out at tariffs using
used to calculate the amount of payment for utility services for citizens
by us (Housing Code of the Russian Federation, Federal Law dated December 26, 2005 N 184-FZ
<О внесении изменений в Федеральный закон <Об основах регулирования
tariffs of public utility organizations> and other legislative
acts>).
Paragraph 19 of the Rules establishes that in the absence of collective
(communal), common (apartment) and individual metering devices
The amount of payment for utilities in residential premises is determined:
a) for heating - in accordance with subparagraph 1 of paragraph 1 of the appendix
amendment No. 2 to the Rules. In this case, the performer makes adjustments once a year.
adjustment of the heating fee in accordance with subparagraph 2 of paragraph
1 Appendix No. 2 to the Rules;
b) for cold water supply, hot water supply,
water disposal and electricity supply - in accordance with subparagraph 3 of paragraph-
Ta 1 of Appendix No. 2 to the Rules, unless otherwise established by the agreement, according to
the consumer is considered to be temporarily residing in the residential premises for
period, the duration and start day of which are indicated by the consumption
telecom in the notification sent to the contractor, and attributable to
temporary living consumer payment for utility services is
is calculated in proportion to the number of days lived. In this case, we use
the contractor produces once a quarter, and if this is provided for in the contract,
rum - once a year, adjustment of the amount of payment for such utilities -
meadows in accordance with subparagraph 4 of paragraph 1 of Appendix No. 2 to the Rules.
In accordance with paragraph 37 of the Rules, payment for utility services
is paid on the basis of payment documents submitted by the executive
by telephone no later than the 1st day of the month following the previous month, for
which payment is made. Clause 38 of the Rules determines that in payment
The document indicates, among other things: an indication of the month to be paid,
name of paid utilities, tariff (price) values
for utilities, units of measurement of volumes (quantities) to m-
municipal resources or disposed wastewater. In the absence of a collection
tive (common house) and (or) individual metering devices -
indicated by the contractor based on utility consumption standards
services, the total area of the premises (for heating) or the number of citizens,
registered in residential premises (for cold water supply,
5
hot water supply, sanitation, electricity and gas
supplies).
The materials of the case confirm and do not dispute the applicant that
MU<Городское жилищное управление - Управляющая компания в жи-
Housing and communal services of Izhevsk> presented invoices
to pay for housing and communal services to residents of building 112, settlement. Machine-
builders of Izhevsk, for June 2011, which indicate the amount of cor-
adjustments to utility bills in the amount of RUB 194,434.84. (cor-
adjustment of fees for hot water supply for the period from 01/01/2007 to
12/31/2007, adjustment of heating fees for the period from 01/01/2007 to
12/31/2007, adjustment of payment for cold water supply from 01/01/2007
to 12/31/2009 and adjustment of sewerage fees for the period from
01/01/2007 to 31/12/2007).
Presentation of adjustments for 2007 contradicts paragraph 19
Rules for the provision of public services to citizens, according to which
mu adjustment of the amount of payment for utility services is made 1
once a quarter, and if this is provided for in the contract - once a year, of which
it follows that the adjustment of the fee for 2007 could have been made
vitel in late 2007 or early 2008, but not in 2011.
In accordance with Article 2.1 of the Code of the Russian Federation on Administrative Laws
violations, an administrative offense is recognized against
legal, guilty action (inaction) of a physical or legal
a person for whom this Code or the laws of the constituent entities of the Russian Federation
Federation on administrative offenses is established by administrative
strategic responsibility.
A legal entity is found guilty of committing administrative
active offense if it is established that he had a criminal
opportunity to comply with rules and regulations, violation of which is punishable by
The current Code or laws of the constituent entity of the Russian Federation provide for
administrative responsibility was imposed, but this person was not accepted
You take all measures in his power to comply with them.
The case materials do not contain any evidence
that the applicant lacked the opportunity to comply with
knowledge of housing legislation and rules for the provision of utilities
services to citizens. They also do not contain case materials and evidence, evidence
indicating what measures were taken by the applicant to
compliance with the specified standards.
Thus, the presence of MU in actions<Городское жилищное
management - Management company in housing and communal services
Izhevsk> administrative offense, provided for
according to Article 14.7 of the Code of Administrative Offenses of the Russian Federation is proven.
For a violation of MU<Городское жилищное управление -
Management company in housing and communal services of Izhevsk>
was justifiably brought to administrative responsibility under article
6
14.7 Code of Administrative Offenses of the Russian Federation. The fine was imposed on the applicant within the sanction of the article
14.7 of the Code of Administrative Offenses of the Russian Federation in the amount of 12,000 rubles.
Violations of the procedure for bringing the applicant to administrative proceedings
liability was not established during the consideration of the case, including
decision to initiate a case of an administrative offense
issued in the absence of the applicant’s legal representative, but in the presence
evidence of his notification of the place and time of drawing up the resolution
nia; the case of an administrative offense was considered if there was
evidence of notification of the person held accountable about
place and time of consideration of the case, in the presence of a representative of the applicant
la.
The resolution was adopted by the defendant within the limits of his powers, pr e-
provided for in Article Part 1 of Article 23.49 of the Code of Administrative Offenses of the Russian Federation. The disputed
the decision was made within the statute of limitations for bringing to administrative
strategic responsibility.
According to Article 211 of the Arbitration Procedure Code of the Russian Federation, the arbitration court makes a decision on
declaring it illegal and canceling the contested decision, if,
review of the case will establish that the contested decision or its procedure
adoption does not comply with the law, or there are no grounds for adoption
attraction to administrative liability or application of specific
penalties, or the contested decision was made by an authority or
by an official exceeding their powers.
The circumstances specified in the said norm when considering the case
the court did not establish, therefore, the grounds for recognizing the illegality
there is no decision and there is no reversal of the contested decision of the defendant.
The applicant’s arguments given in support of the stated demand
proposals were rejected for the following reasons.
In accordance with the case materials, house 112 in the village. Mechanical engineers
Izhevsk was under the control of MU<Городское жилищное управление
- Management company in the housing and communal services of Izhevsk>
until 07/01/2011 The applicant presented the disputed invoice receipts
biters for June 2011, i.e. during the period of management of the applicant.
Disputed receipts presented to consumers for June 2011
in design they are no different from the usual requirements for e-
biters previously received invoices. The adjustment for 2007 indicated
on the total amount together with adjustments for 2008-2009, along with
other utilities.
The back of the invoice receipts contains information that the adjustments
The editing was carried out in accordance with the requirements of the Rules for the provision of
public services to citizens approved by the Resolution of the Government
of the Russian Federation dated May 23, 2006 N 307. It is indicated that in the event of
payment of the specified debt will be subject to penalties, and MU<Город-
municipal services of Izhevsk> is forced to go to court with possible
imposing legal costs on the debtor.
7
Under these circumstances, having the above account -
receipt, the consumer is deprived of the opportunity to establish what amounts he
obliged to pay in accordance with the requirements of the Rules, and what amounts he
I don’t have to pay, because The rules specified expenses without providing for a-
ut. MU approval<Городское жилищное управление - Управляющая
company in the housing and communal services of Izhevsk>, which are controversial
bills - receipts do not violate the rights of citizens, but simply contain pre-
The provision of voluntary payment does not correspond to reality.
The administrative body justified the actions of the applicant
identified as cheating (or other deception) of the consumer. Consumer effect
provisions of housing legislation must pay for services in accordance with the regulations
new price (tariffs), and the contractor will provide these services in accordance with
vii with current standards. Collection of adjustments for 2007
not provided for by law. At the same time, the applicant presented
specified amounts to be paid to consumers along with other payments, which
is illegal.
The applicant’s actions are aimed at misleading consumers
information regarding the timing of adjustments for utility bills
services and opportunities for their presentation are designed to encourage consumers
pay the specified amounts.
The applicant's reference to the lack of evidence that MU<Город-
housing administration - Management company in housing
municipal services of Izhevsk> collected more funds,
than provided for by law, is rejected, since the composition
offenses provided for in Article 14.7 of the Code of Administrative Offenses of the Russian Federation is a form of
formal and does not bind liability under the specified standard
ties with the onset of adverse consequences, causing maternal
any damage to consumers.
Application to challenge the decision in the case of administrative
nom offense of state duty, according to Art. 208 APK
Russian Federation, not taxed.
Guided by articles 167-170, 211 of the Arbitration Procedure
Code of the Russian Federation, Arbitration Court of the Udmurt Republic
DECIDED:
Refuse to satisfy the application for recognition as illegal and t-
less than the resolution of the Office of Rospotrebnadzor for the Udmurt Republic
to the public dated September 21, 2011 N 1120 on the involvement of the Municipal institution e-
nia<Городское жилищное управление - управляющая компания в жи-
housing and communal services of the city of Izhevsk> to the administrative
responsibility provided for in Article 14.7 of the Code of the Russian Federation on Administrative
strategic offenses.
The decision can be appealed through appellate proceedings
to the Seventeenth Arbitration Court of Appeal within ten days from
the day of its acceptance (production in full) through the Arbitration Court
Udmurt Republic.
Enactment of Government Resolution 354 allows citizens to recalculate payments rents under certain conditions.
Based on this document, consumers of housing and communal services can verify the correctness of payments, as well as demand their reduction subject to certain conditions.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right or call free consultation:
Is it possible to recalculate payments for housing and communal services?
Resolution 354 was originally adopted by the Government of the Russian Federation in 2011.
Like other laws in it current amendments and changes are made.
New edition PP 354 came into force at the end of 2015. The legislative act regulates the procedure for generating bills for housing and communal services, establishes consumption standards.
Recalculation can be made by the service provider. Moreover, during the procedure, the amount in the receipt may either decrease or increase. Provider has the right to increase the cost of services If:
- The meters were not verified on time. In this case, payment is made at tariffs that are higher than payments based on metering indicators;
- the pipeline was inserted independently if the pipe diameter exceeds the established standards;
- There are no seals on the meter or its integrity is damaged.
Recalculation downwards at the initiative of the consumer is possible if there are no individual or communal meters.
Some housing and communal services are not subject to recalculation:
- heating of residential premises (recalculation can be made only in the event of a complete shutdown or at a temperature that does not meet the standards);
- gas supply for heating purposes;
- payment of general house needs;
- drainage is separate from water supply.
Heating payments are recalculated exclusively through the court. It will be necessary to attach a sufficiently large number of supporting documents.
Is it legal to shut off utilities for long-term non-payment? find out right now.
Reasons
For what period can you recalculate utility bills and in what cases is it produced??
To submit an application for recalculation, compelling reasons are required, listed in Resolution 354:
- Long absence of residents(if no one lived in the apartment). A period of absence is considered to be 5 days or more. If several people live in an apartment, recalculation is made when each person submits an application. New accruals are made based on the number of days of absence.
- Complete lack of services. There are standards for legal service shutdown times. If the disconnection period does not exceed these terms, payment recalculation should not be made.
- Poor quality services. Independent quality measurements are not recognized by managers, so they must be carried out by specialists. During measurements, the water pressure is estimated, chemical composition, transparency, hot water temperature. If you have any doubts about the quality of water, you can contact Rospotrebnadzor. Electrical assessments measure voltage and current.
Where to contact?
An application for recalculation is submitted to the management company or directly to the company providing housing and communal services. Details for contacting are on the payment receipt.
In case of poor-quality provision of services, it is possible to contact Rospotrebnadzor or the Housing Inspectorate.
Depending on the type of contracts concluded and the method of managing the house you can contact:
- directly to service providers.
Application rules
How to write an application for recalculation of utilities?
Application for recalculation does not have a strictly established form and is written in free form according to general rules registration of this business document.
The following items are required in the application:
- The name of the organization the tenant is applying to.
- Personal data.
- Residential address.
- Please recalculate indicating the type of service.
- The period for which the payment must be recalculated.
- Grounds for recalculation indicating attachments to the application.
The document can be sent by registered mail with notice and a list of applications or take it directly to the organization. When submitting papers in person, the application is drawn up in two copies. One is handed over to the employee, and on the other you need to get a signature, seal and registration number of the document.
You can submit a sample application for recalculation of utility bills.
Package of documents
What documents are needed to recalculate utilities? The list of attachments to the application depends on the grounds for recalculation and must confirm the facts.
For recalculation due to temporary absence:
- a certificate from the employer about the business trip;
- certificate of stay in an inpatient medical institution;
- hotel receipts;
- certificate of temporary registration in another city;
- certificate from the educational institution;
- certificate from the HOA confirming residence at the dacha plot.
For recalculation due to inadequate quality of services:
- an act indicating the date of inspection and the address of the premises;
- expert opinion.
Each document must be executed legally correctly. Certificates from various organizations must contain their details, seal, and signature of the employee, so that it is possible to verify the information specified in them.
Deadlines
The opportunity to submit an application exists only within 30 days after the grounds for this action occur. If the need for recalculation is due to the absence, You can apply before departure, providing the necessary confirmation. The recalculation will be reflected in the receipt for the next payment period.
When submitting an application before departure, the maximum the recalculation period is 6 months. If you do not live for a longer period, you must submit a new application after six months.
Missing the application deadline may serve as grounds for refusal to recalculate. If the deadline is missed good reason, you will have to seek a recalculation in court.
According to the law, timely submitted and confirmed necessary documents statement subject to satisfaction within 5 working days.
If the management company refuses to recalculate, it must do so in writing with justification of the reasons for refusal. A consumer who is confident that he is right can contact the prosecutor’s office or court, just follow.
Examples
How to recalculate utility bills? Recalculation of a specific type of service depends on the method of calculating amounts for payment:
- If necessary, make payment adjustments during the absence of residents all services are recalculated at the same time. The amounts accrued for monthly payments are divided by the number of calendar days. After calculating the cost of services for one day, the amount is multiplied by the number of days of absence, and the resulting result is subtracted from total amount payments.
- Recalculation of gas fees is carried out if there is no meter in the apartment. How long is it possible? An amount proportional to the days of absence is deducted from the total gas bill.
- Recalculation of electricity charges is possible only if the payment was calculated according to standards, and not according to meter readings. Sometimes extra kilowatts are accrued due to controller error.
In this case, it is necessary to contact the suppliers to take repeated measurements, and recalculate based on them.
Features for heating
It is possible to reduce the amount of payments for heating if this service is not provided properly.
The basis will be non-compliance temperature regime in room.
It is almost impossible to prove the fact of low temperature, if the following factors are present in the room:
- heat loss due to poor quality door or window units. However, with low heat transfer from heating devices, this fact can be disputed;
- air pockets located in risers. If housing office employees were not allowed into the apartment to clear traffic jams, residents will be refused when submitting an application;
- insufficient temperature of heating radiators due to proper care of the owners for them. Old radiators must be replaced. If the temperature in the risers meets the standards, and the radiators do not heat up due to blockages in them, the owner must resolve this issue independently.
It is almost impossible to achieve a reduction in heating bills under these circumstances.
If, with high-quality operation of the heating equipment, the temperature in the apartment does not reach the required level, the consumer may demand a reduction in payment amount by making your own calculations.
There is no general calculation formula, since in each individual case both the low temperature of the devices and their complete shutdown are taken into account.
Calculations are made as follows:
Calculations for daytime and nighttime are made separately, since the standards for these periods are different.
Prove violation of standards It is possible only by providing official reports of temperature measurements made by an initiative group of residents or a special commission.
How to force a service provider to recalculate?
Practice shows that service providers are in no hurry to reduce the amount of payments, and It is quite difficult to prove that you are right in some cases. If the management company refuses to recalculate payments, it is necessary to obtain a refusal from them in writing.
Based on the refusal paper received, you should write a complaint to Rospotrebnadzor or the prosecutor's office.
As a rule, inspections initiated by these regulatory organizations help bring some sense to housing and utility suppliers.
To the controlling organization you need to submit an application describing the situation, attaching to it the refusal of the utility companies and the entire package of documents listed earlier.
If, even after inspections by regulatory authorities, a positive result was not achieved, should file a lawsuit.
Thus, recalculation of payments for housing and communal services can be made at the request of the tenant and in the presence of appropriate supporting documents.
If you are sure that you are right, demand a reduction in the amounts in the payment or issue a written refusal.
These housing issues are regulated in our state - the Russian Federation by the following regulations, which you should best familiarize yourself with, and then on unclear legal issues you can calmly and
consult with lawyers who specialize in housing cases and have judicial experience in housing disputes.
1. Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation).
2. Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354, which are valid throughout Russia from September 1, 2012 to the present period.
3. Rules for the provision of public services to citizens, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 307, which were in force throughout Russia until September 1, 2012.
Thus, according to Part 1 of Article 155 of the Housing Code of the Russian Federation, payment for residential premises and utilities is paid monthly before the tenth day of the month following the expiration of the month, unless a different period is established by the management agreement of the apartment building or by decision general meeting members of a homeowners' association, housing cooperative or other specialized consumer cooperative created to meet the housing needs of citizens in accordance with the federal law on such a cooperative (hereinafter referred to as another specialized consumer cooperative).
According to Part 11 of Article 155 of the Housing Code of the Russian Federation, non-use of premises by owners, tenants and other persons is not grounds for failure to pay for residential premises and utilities. In case of temporary absence of citizens, payment for individual species utilities, calculated on the basis of consumption standards, is carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner approved by the Government of the Russian Federation.
According to Part 1 of Article 157 of the Housing Code of the Russian Federation, the amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by government bodies of the constituent entities of the Russian Federation in the manner established by the Government Russian Federation.
According to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings It is possible to recalculate for utilities in residential premises, approved by Decree of the Government of the Russian Federation No. 354. RECALCULATION for payment for utility services is done in three cases:
1. If you have been away from home for more than 5 days (this fact must be documented by presenting, for example, a travel document or an extract from the hospital);
2. If the utility service was not provided in full or of inadequate quality (for example, cold water flowed from the tap instead of hot);
3. If the service was not provided at all (there was no light, water, gas or heat for some time).
Section VIII of these Rules establishes that recalculation is carried out only for hot water supply, hot water supply, gas, electricity and sewerage, and that it is possible only in the absence of individual and general house metering devices for these resources. It is produced in proportion to the number of days during the period of temporary absence of the consumer, but not more than 6 months. When determining the period of absence of a citizen, the day of his departure and return is not taken into account.
Unfortunately, you did not indicate in your request what specific recalculation for utilities you are interested in and why.
