Administrative regulations for conducting unscheduled inspections of the activities of management organizations managing apartment buildings on the territory of the municipality of the Novaya Zemlya urban district. Housing inspection inspections: regulations

Modern living conditions require every day more and more benefits in terms of provided utilities. Many people cannot imagine their life without hot water, heating on time and uninterrupted Internet connection. Of course, everyone understands that the agreed upon benefits of civilization require not only timely payment, but also constant monitoring and repair of their supply routes. For this purpose, certain documentation is created, for example, an act of delimitation of the balance sheet ownership of heating networks, an act of delimitation of the operational responsibility of water pipelines or electrical equipment.

Maintaining all types of communications in working order is, first of all, the cost of repair and replacement of equipment, and such expenses in financial statements must be documented. Agree, when an accident occurs, first of all, it will be important for people how quickly the breakdown is eliminated, and questions about who should deal with it will fade into the background.

To solve such housing and communal problems, residents apartment buildings They turn to management companies (MCs), homeowners' associations (HOAs), Housing and Construction Cooperatives (HBC) and other similar organizations. Property owners entrust these institutions with all actions to provide their home with the necessary resources and housing amenities. In turn, management companies, homeowners' associations and housing cooperatives enter into agreements with resource supply organizations on beneficial interaction.

Balance sheet boundaries of heating networks

Often, in large and provincial cities, most apartment buildings appeared in the distant times of the last century, so communication routes often become unusable due to age and operational wear. If we talk about heating networks, they begin to require the attention of repair services from the beginning of the heating season, when the pressure of hot water quickly finds all possible defects in old and rusty pipes. It is in such cases that the question arises of who should take responsibility, fix the problems and provide people with heat in their homes in a matter of hours.

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To delimit the responsibilities for caring for communication supply lines, there is a special agreement between the organization supplying the resources and the management company (HOA or housing cooperative), which is responsible for the improvement of the house. Depending on this agreement, the boundaries of the balance sheet ownership of heating networks are determined. That is, a certain line of demarcation is established between the parties to the agreement, determining who is responsible for which area, and, therefore, will carry out repairs. Such an agreement between the supplier of resources and the party consuming them is called an act of delineation of balance sheet ownership and delineation of operational responsibility.

The concept of the balance sheet boundary

Before finding out who will be responsible for which segment of communication routes and keeping it in order, it is necessary to determine whose property it is, that is, who has it on their balance sheet. This is why there is such a thing as balance sheet ownership.

The boundaries of balance sheet ownership are conditional lines indicating where the ownership of the communication networks of the resource supplying organization ends and the area owned by the management company begins.

Common property of premises owners

According to Art. 36 of the Housing Code of the Russian Federation, the list of common property of premises owners covers:

The concept of boundaries of operational responsibility

Operational responsibility imposes on the owner of communication routes the responsibility for caring for, monitoring their use, as well as eliminating all problems that arise. For this purpose, an agreement is also created that delimits supply routes into areas of operational responsibility. Depending on where the boundaries of operational responsibility lie, it is determined who will make the necessary repairs.

If there are no lines defining operational responsibility, they are installed in accordance with the balance sheet boundary.

There are also cases of other options for defining boundaries. They are established according to an agreement between the owner-consumer and the company supplying the resources. Also, the demarcation line may coincide with the point of connection of the collective (common building) metering device with the corresponding utility network included in the apartment building.

The boundaries of balance sheet ownership and operational responsibility are officially established in the act of the same name.

The act of delimiting balance sheet ownership

When the construction of a residential building enters its final stage, it is imperative to conclude agreements with all resource supply companies on the supply of the building with certain resources. But before officially signing the agreement, you need to determine:

After determining the above boundaries, an act of delimitation of the balance sheet ownership of heating networks and delimitation of their operational responsibility is signed.

Features of the conclusion of the act

In order for an agreement on the delimitation of responsibilities along resource supply routes (in this case, the heating network) to have legal force, you need to pay attention to the features of its conclusion:

1. The agreement is concluded in writing between two parties, one of which is the resource supplying organization, the other - Management Company, acting on behalf of consumers of apartment buildings.
2. The act is concluded in three copies. One document should be in the hands of both parties, and the third should be with the company, which will act as an intermediary during disputes that arise.
3. The act of balance sheet ownership and operational responsibility is a technical document, a form of display of the agreement, which is mandatory when signing a heat supply agreement.

If the heat supply agreement does not contain conditions on the provision, maintenance and safe operation of networks, devices and equipment, then it will be considered void.

Parties to the agreement

Heat supply company

In order for a heat supply company to receive the rights to its activities and the corresponding decision from state authorities or local government, it must meet certain criteria:

• Have the right of ownership to the source of thermal energy and heating networks located in the territory of its activities;
• Have a capital amount that complies with legal requirements;
• Have the ability to provide reliable heat supply.

State competent authorities have the right to inquire about these criteria of the heat supply company and assign it a specific task before making a decision.

What is the essence of a heat supply agreement?

In accordance with the content of the Federal Law “On Heat Supply” and the Decree of the Government of the Russian Federation of August 8, 2012 N 808 “On the organization of heat supply in the Russian Federation and on amendments to certain acts of the Government of the Russian Federation”, a heat supply agreement is an agreement between a heat supply organization that undertakes supply thermal energy and/or coolant, and the thermal energy consumer, who is obliged to accept and pay for thermal energy and/or coolant, observing the thermal energy consumption regime.

Mandatory conditions when signing an agreement on interaction and supply of thermal energy are:

The agreement on cooperation in the supply of thermal energy to consumers of apartment buildings is drawn up in two copies, one for each party that signed it.

Summarizing the above, we should once again note the need to conclude an act that delineates the balance sheet ownership of heating networks and the operational responsibility of the parties. It is this document that will come to the rescue on cold winter days, when it is necessary to determine who is responsible for the repair of heating networks. In addition, he will be able to prove the reliability and validity of expenses during financial statements the accountable person who has this plot on his balance sheet.

Any building, without a certain internal filling and all those housing and communal services without which we now cannot imagine our lives, is in itself something like an empty box. It doesn't matter whether it's an apartment building or a private mansion, manufacturing enterprise or office space- they all need certain services ah: heating, electricity, water.

On at this stage, provide the building with these benefits special organizations: Management companies (management companies), HOA (Homeowners' Association) and others commercial organizations. They are responsible for concluding agreements on the supply of certain services with resource companies on behalf of the owners of square meters of a given house. It should be noted that resources do not appear out of nowhere, but come through pipes, wires, etc. It seems simple, but when these supply lines break down, the question arises as to who should be responsible for repairing them.

The act of demarcation and responsibility

According to the norms of civil law of the Russian Federation, it is possible to determine responsibility for the preservation and operation of supply routes for housing and communal services only by reading the information contained in the act of delimiting balance sheet ownership and operational responsibility. In order to understand this legal concept, first you need to expand on the auxiliary terms:

Boundary Rules

At modern technologies Finding the approximate content of a particular normative act is not a problem. The corresponding thematic sites are filled with samples of the necessary documents.

Table of engineering systems and responsibilities of the parties

After the demarcation act is concluded, a lease agreement for the relevant housing and communal services must be concluded between the parties. The owner of the home will be assigned a personal financial account through which he will pay communal payments. The resource supply company, in turn, undertakes to supply the necessary modern life benefits. And if there is a breakdown of communication lines, then the responsibility for its well-being will be borne by the party specified in the act of delimiting balance sheet ownership and operational responsibility.

One of the most painful issues when concluding contracts with resource supply organizations (RSOs) for HOAs, housing cooperatives and management companies is the delimitation of so-called operational responsibility and the definition of its boundaries. Practice shows that for HOAs and housing cooperatives, this issue often becomes relevant when accidents occur on networks that are not related to the common property of the owners in an apartment building, when, due to a recklessly signed agreement, the responsibility for repairing these networks is assigned to the HOA and housing cooperatives.

Additional meters of engineering communications are assigned to management organization(and therefore on the owners of apartment building premises) an additional financial burden for their maintenance and repair, which is sometimes, for example, beyond the power of the HOA, and also involves inevitable costs to cover losses of communal resources.

Regulatory regulation

When considering this issue, you should first of all turn to the Civil Code, which governs all energy supply contracts. According to Art. 539 of the Civil Code of the Russian Federation, under an energy supply agreement, the energy supplying organization undertakes to supply energy to the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy, as well as to comply with the regime of its consumption stipulated in the agreement, to ensure the safe operation of the energy networks under its control and the serviceability of the devices used by it and equipment related to energy consumption. An energy supply contract is concluded with the subscriber if he has one that meets the established technical requirements power receiving device connected to networks energy supply organization, and other necessary equipment, as well as in ensuring energy consumption metering.

The general provisions of the Civil Code of the Russian Federation regarding the boundaries of operational responsibility have been developed in such regulations, How:
Federal Law of March 26, 2003 No. 35-FZ “On Electric Power Industry”;
Operating rules retail markets electrical energy during the transition period of the formation of the electric power industry, approved. Decree of the Government of the Russian Federation dated August 31, 2006 No. 530 (hereinafter referred to as the Electric Power Industry Rules);
Rules for non-discriminatory access to electric energy transmission services and the provision of these services, approved. Decree of the Government of the Russian Federation dated December 27, 2004 No. 861 (hereinafter referred to as the Access Rules);
Rules for the use of public water supply and sewerage systems in the Russian Federation, approved. Decree of the Government of the Russian Federation dated February 12, 1999 No. 167 ( as amended on July 29, 2013)(hereinafter referred to as the Water Supply Rules);
Rules for maintaining common property in an apartment building, approved. Decree of the Government of the Russian Federation dated August 13, 2006 No. 491;( as amended on May 14, 2013.)
Circular letter of the Gosstroy of Russia dated October 14, 1999 No. LCh-3555/12 “On clarifications on the application of the Rules for the use of public water supply and sewerage systems in the Russian Federation.”( The text of the letter was not officially published)

Operational responsibility and balance sheet ownership

Basic concepts. In the listed acts, the concept of the boundaries of operational responsibility invariably stands next to the concept of the boundaries of balance sheet ownership, while general definition neither one nor the other is enshrined in legislation. Meanwhile, there are a number of definitions within the framework of regulation of various energy supply contracts. So, in accordance with clause 1 of the Water Supply Rules:
balance sheet boundary - the line of division of elements of water supply and (or) sewerage systems and structures on them between owners on the basis of ownership, economic management or operational management;
operational responsibility line - the line dividing elements of water supply and (or) sewerage systems (water supply and sewerage networks and structures on them) on the basis of duties (responsibility) for the operation of elements of water supply and (or) sewerage systems, established by agreement of the parties. In the absence of such an agreement, the boundary of operational responsibility is established along the line of balance sheet ownership. Regarding the supply of thermal energy, there is no such definition at all, but paragraph 31 of the letter of the Federal Tariff Service of Russia dated 02.18.2005 No. SN-570/14 states that supplied thermal energy is thermal energy supplied to the thermal energy consumer (consumers) at the border of operational responsibility ( balance sheet).

Most full definitions The concepts under consideration relate to the supply of electrical energy. According to clause 2 of the Access Rules:
act of delimitation of balance sheet ownership of electric networks - a document drawn up in the process technological connection energy receiving devices ( power plants) individuals and legal entities to electrical networks, defining the boundaries of balance sheet ownership;
act of delimitation of operational responsibilities of the parties - a document drawn up by the network organization and the consumer of services for the transmission of electrical energy in the process of technological connection of power receiving devices, defining the boundaries of responsibility of the parties for the operation of the corresponding power receiving devices and power grid facilities;
balance sheet boundary - the line of dividing electric power facilities between owners on the basis of ownership or possession in another manner provided federal laws basis that defines the boundary of operational responsibility between the network organization and the consumer of electric energy transmission services (the consumer of electric energy in whose interests an agreement on the provision of electric energy transmission services is concluded) for the condition and maintenance of electrical installations.

From the analysis of legal acts it follows that the line of balance sheet ownership divides utility networks based on ownership or other legal possession, and the line of operational responsibility presupposes a dividing line based on the burden of maintaining utility lines.

When concluding resource supply agreements for apartment buildings, the balance sheet boundary will separate the utility networks, which are the common property of the owners of the premises (Article 36 of the Housing Code of the Russian Federation), from other utility networks. In this regard, it is important to understand what belongs to common property.

According to clause 5 Rules for the maintenance of common property, the common property includes in-house engineering systems of cold and hot water supply and gas supply, consisting of risers, branches from the risers to the first disconnecting device located on the branches from the risers of the said disconnecting devices, collective (common house) cold and hot water meters , the first shut-off and control valves on the branches of the intra-apartment distribution from the risers, as well as mechanical, electrical, sanitary and other equipment located on these networks.

The common property includes an intra-house power supply system, including networks (cables) from the external boundary established in accordance with clause 8 of these Rules, to individual, common (apartment) electrical energy meters, as well as other electrical equipment located on these networks (clause 7 of the Rules for the maintenance of common property).

By virtue of clause 8 of the rules under consideration, the external border of electricity, heat, water supply and sewerage networks, information and telecommunication networks (including wired radio broadcasting networks, cable television, fiber optic networks, lines telephone communication and other similar networks) included in the common property, unless otherwise established by the legislation of the Russian Federation, is the external boundary of the wall of an apartment building, and the limit of operational responsibility in the presence of a collective (common house) metering device for the corresponding communal resource, unless otherwise provided by agreement of the owners of the premises with the utility service provider or RSO, is the point of connection of the collective (common house) metering device with the corresponding utility network included in the apartment building. The outer boundary of the gas supply networks that are part of the common property is the point of connection of the first shut-off device with the external gas distribution network (clause 9 of the Rules for the maintenance of common property).

Thus, the boundary of balance sheet ownership when concluding resource supply agreements for apartment buildings is always the external boundary of the wall of such a house, and the boundary of operational responsibility is not established imperatively - it can:
established by agreement of the parties;
coincide with the point of connection of the collective (common building) metering device with the corresponding utility network included in the apartment building;
coincide with the border of the balance sheet (for owners of apartment buildings this is the external wall of the house).

Thus, specifying clause 8 of the Rules for the maintenance of common property, you can refer to clause 14 of the Water Supply Rules, which states: if there is agreement, the delimitation can be established along the well (or chamber) to which devices and structures are connected to connect the subscriber to the public water supply or sewer network. Regarding heating networks, it is possible to set the boundary of operational responsibility on the wall of the thermal chamber at the subscriber's input or at the first disconnecting devices (Resolution of the Federal Antimonopoly Service of the North Caucasus Region dated May 28, 2009 No. A53-9063/2008-C2-41). All of these options must be agreed upon in the act of delineating operational responsibilities.

Litigation

Analysis of legislation and judicial practice allows us to conclude that if there is no agreement between the management organization and the RSO on the issue of determining the boundary of operational responsibility, the latter is determined by the boundary of the balance sheet, which is the external wall of the apartment building.

The problematic issue is the need to sign this act. By virtue of Art. 543 of the Civil Code of the Russian Federation, the essential terms of the energy supply contract, without which the contract is void, include the condition of ensuring the maintenance and safe operation of networks, devices and equipment. By agreeing on the boundaries of operational responsibility, the parties provide for the procedure for the maintenance and operation of utility networks and equipment. The act of delineating operational responsibilities is a technical document, a form that allows reflecting such agreement. In addition, all considered regulations also require the signing of this act when concluding a resource supply agreement.

However, the act of delimiting operational responsibility takes place when an agreement is reached between the RSO and the subscriber on this issue, and if this is not achieved, the boundaries of responsibility are determined according to the boundaries of the balance sheet. Consequently, the act of delineating operational responsibilities may not always be present. The same is evidenced by the analysis of judicial practice on disputes about the terms of contracts that arise during their conclusion: courts sometimes even exclude from the text of the contract the appendices that contain this act.

So, we can draw the following conclusion: in the absence of an act of delimitation of operational responsibility, the boundary is established at the point of connection of the collective (common house) metering device, and in its absence - along the boundary of the common property of the owners of the apartment building premises.

In turn, the specified property may only include in-house life support systems that end with the outer boundary of the wall of the house and are intended to serve more than one room in a given house. Therefore, if the management organization is offered to take on the burden of responsibility for utility networks located outside the apartment building or serving more than one apartment building (regardless of location), then it can safely refuse and insist on establishing the boundaries of operational responsibility along the external wall of the house.

For example, the Sixth Arbitration Court of Appeal refused the developer organization’s request to compel the management organization to accept for maintenance and Maintenance external engineering networks for power supply, storm drainage, water supply sewerage. At the court hearing, it was established that these communications are intended to serve more than one residential and (or) non-residential premises in several apartment buildings, and not in one apartment building and, therefore, do not meet all established by law criteria for the common property of an apartment building (resolution dated July 17, 2009 No. 06AP-2631/2009). Conversely, the management organization failed to prove the illegality of including thermal routes and hot water transit pipelines passing through the basements of houses, a hot water boiler in the basement of a house and other transit pipelines into municipal property (and their further lease to RSO). Despite the fact that these objects are located in the basement of an apartment building, they are not common property, since they serve more than one apartment building, and also since the external boundary of the wall of the house cannot be the boundary of transit heating networks (Resolution of the Federal Antimonopoly Service of Ukraine dated May 18, 2009 No. F09- 2962/09-C6).

In addition, as practice shows, problems when concluding an agreement and delineating operational responsibilities arise when the balance holder of the section of utility networks from the wall of the apartment building to the networks on the balance sheet of the RSO is not known. These plots are often ownerless, but necessary to supply the house with resources (and are located on the adjacent land plot, which is part of the common property). As a rule, RNOs try to place the burden of maintaining such sections of networks on the management organization and owners of apartment building premises, citing the fact that the maintenance of these sections is not taken into account in the tariffs. Meanwhile, even in this situation there are no legal grounds for delineating operational responsibilities for connecting to utility networks included in the balance sheet of the RSO. Let us stipulate once again that this provision is valid in the absence of an agreement of the parties expressed in the act, since by virtue of clause 1 of Art. 421 Civil Code of the Russian Federation legal entities are free to enter into a contract. According to paragraph 4 of this article, the terms of the agreement are determined at the discretion of the parties. The courts, when resolving these disputes, note that the RSO has the right to apply to the regulatory body with documents confirming the costs of paying for services for the transfer of resources over networks that were not transferred to it for operation, in order to account for them and compensate for them in the subsequent period of tariff regulation (FAS resolutions VBO dated March 24, 2009 No. A29-5292/2008, dated September 23, 2008 No. A11-11702/2007-K1-6/37).

When users sign a resource supply agreement with management organizations, they care little about agreeing on the boundaries of balance sheet ownership. In addition, it is important to understand that the issue of delineating responsibilities for operation and other topics relating to utility networks connected to houses may be relevant. Who should do this? Both sides. But in order to protect themselves, they must sign an act delineating the balance sheet ownership of water supply networks.

Plumbing is a very important component of a comfortable life in the house. Having signed the act, the parties must be responsible for the good condition of the water supply system, and if something is missed, the pipes will have to be repaired, and, naturally, at their own expense. All this must be taken into account when agreeing on the balance sheet, because often it is the manager who bears all the responsibility for water supply and sewerage. Therefore, the mediator needs to narrow the range of his immediate responsibilities, without leaving the framework of civil law.

Act of delineation of operational responsibility

No residential or non-residential building can be put into operation if such public utilities like water supply and sewerage. To regulate the supply of these resources, companies must enter into contracts that delineate operational responsibilities.

The purpose of these contracts is that customers receive water supply or water consumption services, and the company that provides these services receives the agreed payment for its work.

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Here are a couple more rules that are observed when signing the act of delimitation of responsibility:

How to draw up a sample act of delimitation

An act is a document that is drawn up in writing to designate the rights, obligations and powers between organizations supplying resources and the subscriber who receives them. Although the second party can also be a management company, which is only an intermediary, taking over some of the responsibilities after the form is signed.

The responsibilities of supplier companies are not so extensive. In particular, these companies are obliged to supply the resource in the proper quantity and in high quality. But for the subscriber, who is now the management company, delivery of the service costs a pretty penny. The point is that he must:

• Repair equipment if it breaks;
• Carry out equipment maintenance;
• Other responsibilities.

Features of drawing up an act on water supply and sewerage

Water supply and sewerage are services without which modern society will not be able to live. This industry includes the following services:

And also in the document prerequisite there is an indication of the boundaries of responsibility. In this particular case, they concern the owner of the premises.

• Risers for hot and cold water supply;
• Water shut-off devices;
• Shut-off and control valves on the intra-apartment wiring.
• In-house sewerage system;
• Common sewer riser;
• Trumpet;
• In-house sewerage pipelines;
• Heating system risers and their shut-off devices.

As you can see, responsibility is assigned only to those systems whose operation largely depends on people. Something as simple as a clogged sewer pipe without someone responsible for it can turn from a nuisance into a real disaster. Because blocking the common riser cuts off services to the entire house. And if it is not possible to find a person who will fix all this, then the blockage will not be cleared even in a month.

Approximately the same problem can befall those to whom the water utility supplies water. You can deal with a broken pipe in a few hours, but without a responsible person or an incorrectly drawn up statement of balance sheet ownership of water supply networks, it may not be possible to fix the breakdown for a year. This is not scary if no one lives in the house, but if this is not the case, then people will be left without a full water supply.

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