Owners of residential premises in an apartment building have the right to recalculate utility services in the event of the provision of utility services of inadequate quality or with interruptions exceeding the established ones, or in the event of a temporary absence of a consumer from the residential premises. The management organization servicing the apartment complex cannot refuse to make such a recalculation. Today we will tell you who, how and when to recalculate utilities.

Let us recall that on December 28, 2015, part of the Federal Law No. 176 of June 29, 2015 came into force, regulating the responsibility of management companies for the provision of low-quality utility services and incorrect calculation of monthly payments for them. According to the new rules, in the listed cases, the management company is obliged to pay a penalty to the owner (or owners) of residential premises.

The conditions for the provision of utility services by management companies to owners of residential premises are determined in MKD management agreement. At the same time, the management company cannot refuse to include in the contract the conditions for the provision of utility services, or, in fact, to provide these services.

The management company selected at the OSS begins to provide utility services to the owners of residential premises from the date specified in the OSS decision on the selection of the management company, or from the date of concluding the management agreement for the apartment building, but not earlier than the date of delivery of the utility resource under the agreement concluded by the management company with the RSO.

Stopping the supply of utilities managing organization occurs from the moment of termination of the management agreement for apartment buildings, or from the moment of termination of the agreement on the acquisition of a utility resource concluded by the management company with RSO.

Recalculation fees for public utilities may be done in connection with:

• use of residential premises by temporary residents;
• provision of utility services of inadequate quality or with interruptions exceeding the possible duration;
• temporary absence of a consumer or consumers (or one of the consumers) of utilities in the occupied residential premises;
• payment by the management company to the consumer of penalties established by the Federal Law and the MKD management agreement.

Recalculation for the period of temporary absence of a utility consumer

The consumer's absence from the residential premises he occupies for more than 5 full calendar days in a row is considered temporary.

• During the period of temporary absence of the consumer in a residential premises that is not equipped with an individual or general metering device, recalculation is made for the utility services provided in such premises, with the exception of heating and gas supply utilities supplied for the purpose of heating residential premises (this is provided for in subparagraphs “e” and “ d" clause 4 of the "Rules for the provision of utility services to owners and users of premises in apartment buildings").
• Recalculation of the fee for water disposal utilities is carried out only if the amount of payment for cold or hot water supply is recalculated.
• There is no recalculation for CG on general house needs.
• If we are talking about two-part tariffs, then the recalculation of the fee for utility services is carried out only in relation to the variable component of the fee; the constant component of the payment (attributable to the residential premises occupied by the consumer) is not subject to recalculation.

Procedure for registration of recalculation

Recalculation of the fee for utility services is carried out for the number of full calendar days of the consumer’s absence, not including the day of departure from the residential premises and the day of arrival to it.

The consumer is required to submit a written application for recalculation of the amount of payment for CG before the start of the period of his temporary absence or no later than 30 days after the end of this period. The management company must make a recalculation within 5 working days after receiving such a statement.

The management company recalculates the amount of payment for utility services for the period of temporary absence of the consumer specified in the application; this period should not exceed six months.

If, after these 6 months, for which the management company recalculated the amount of payment for the management company, the period of temporary absence of the consumer continues, he is obliged to again provide the management company written application for recalculation for subsequent billing periods in connection with the extension of the period of absence. In this case, the management company recalculates the amount of payment for the management company for the period specified in this application, but no more than 6 months following the period for which the management company has already made a recalculation.

Along with the application for recalculation, the consumer is obliged to provide the management company with documents that can confirm the duration of his absence. If this was not done, or if the documents provided do not confirm the period of absence specified in the application, the management company has the right to charge utility fees in full. Also, the Criminal Code has the right to apply penalties for late or incomplete payment of utility bills (Part 14, Article 155 of the Housing Code of the Russian Federation).

In a situation where an application for recalculation is submitted by the consumer within 30 days after the end of period of temporary absence, The management company makes a recalculation for the period of temporary absence of its client, which, as mentioned earlier, must be documented.

What should be included in the application

A management company employee accepting an application from a consumer to recalculate the amount of payment for a management company must pay attention to the execution of this document. So, it must indicate:

• FULL NAME. each temporarily absent consumer
• day of the beginning of the period of temporary absence
• end day of such period

The application must be accompanied by documents confirming the duration of the consumer’s temporary absence. They may be:

• a copy of the travel certificate or a copy of the order to be sent on a business trip with copies of travel tickets attached;
• certificate of being treated in a hospital or sanatorium-resort treatment facility;
• originals of travel tickets issued in the name of the consumer, or their certified copies. If an electronic travel ticket was purchased, a printout of it is provided to the Criminal Code;
• invoices for accommodation in a hotel, hostel or other place of temporary stay or their certified copies;
• document of the body carrying out temporary registration of a citizen at the place of his temporary stay in established by law cases, or a certified copy thereof;
• 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;
• certificate of location educational institution, boarding school, special educational and other child care facility with 24-hour stay;
• a certificate from a consular office or diplomatic mission of Russia in the host country or a certified copy of an identity document of a Russian citizen containing crossing marks state border Russia;
• a certificate from a dacha, garden, or vegetable gardening partnership, confirming the period of temporary stay of a citizen at the location of such a partnership;
• other documents confirming the fact and duration of the consumer’s temporary absence from the residential premises.

All these documents, except for travel tickets, are signed by an authorized person of the organization issuing them, the seal of this organization is affixed to them, and they are assigned registration number and date of issue. If the documents are drawn up in foreign language, then they must be translated into Russian.

All copies of documents confirming the terms of the period of temporary absence of the consumer must also be certified. If the consumer provides the management company with both an original and a copy of one of the above documents, the management company must carry out a reconciliation, make a mark on the copy indicating its authenticity with the original and return the latter to the consumer.

The management company can make copies of any documents provided to it by the consumer, verify their authenticity and the completeness of the data disclosed in them.

Where and how to place the recalculation results

If the application for recalculation was submitted by the consumer to the management company before the start of the period of his temporary absence, then the results of the recalculation will be reflected in the payment documents that the management company generates during the period of the consumer’s temporary absence.

If such an application was submitted after the end of the period of temporary absence - in the next payment document.

Recalculation for provision of CG of inadequate quality

Utility services provided by the management company to the consumer must comply with the requirements specified in Appendix No. 1 (Resolution of the Government of the Russian Federation No. 354).

The amount of payment for CG, if it was provided by the CM to the consumer in inadequate quality or with interruptions exceeding the possible maximum duration, for the billing period may be reduced, in some cases, even to the point of exempting the consumer from payment.

If you have any questions, you can always contact us for advice. We also help management companies comply with 731 RF Regulations on the Information Disclosure Standard (filling out the Housing and Communal Services Reform portal, management company website, information stands) and Federal Law No. 209 (filling out the Housing and Communal Services GIS). We are always happy to help you!

Russians had the opportunity to recalculate in the direction of decreasing (increasing) the cost of services provided by housing and communal services organizations 9 years ago - in 2006.

Since then, you can pay less for cold batteries or power outages, and if no one lives in the apartment, you can not pay at all. The exception is payment for heating and services of the housing office, homeowners association or management company.

In accordance with “Regulations on the procedure for recalculating rent and utility bills” You can recalculate the size in the following cases:

1. If no one lives in the apartment for a certain time or fewer people live than the one for which the fee is calculated. An important point is documentary evidence of absence (long-term).
2. If a family has received (its income per member is less than living wage), then payments for housing and communal services are reduced. The poorest families can pay only 6.33% of their income for utility services.
3. If the services were not provided in full or they were of inadequate quality. For example, rusty water flowed from the tap or garbage was not removed for a long time.

You can reduce the amount only for paying for garbage removal, water supply, sewerage, gas, and water heating. You will have to pay for heating and services of the housing office or homeowners association in the established amount.

All reasons for reducing the payment amount must be supported by documents. This required condition, without which the matter will not move forward.

Change in payment down or up

Establishment higher payment for services initiated by utility service employees without prior submission of user applications for recalculation.

The reasons for this may be various unauthorized actions of the resident, which resulted in the use of services in a volume greater than the payment made:

For this type of recalculation, housing and communal services workers use special formulas.

For example, if a tenant cuts a tap into a water supply pipe without permission, bypassing the meter, he will be charged a certain amount to pay. When calculating it, the cross-section of the pipe and its filling with water around the clock are taken into account.

Towards a reduction in services recalculated at the initiative of the consumer. This can be done if the volume or quality of services does not meet established standards or if there are no residents in the apartment.

The quality of services is negotiable in accordance with SanPiN standards, Rules for the provision of public services, consumer agreements with suppliers. Interruptions in the supply of gas, electricity, water are permissible, but in each case it is established specific date break. If it exceeds the real one, you can reduce the payment for this service.

Interruptions caused by accidents, breakdowns, natural conditions do not cause a reduction in the cost of the board.

Poor quality of service

For each type of service the following is established:

It is not the temperature of the water in the radiators that is considered, but the air temperature in different rooms. So, for a living room - this is 18–20 degrees Celsius, bath and toilet – 25 degrees, kitchen - 18 degrees.

If some rooms in the apartment have two walls facing the street (corner), then the temperature should be at least 20 degrees.

If there is even a slight deviation, you can apply for a recalculation of utility bills.

Interruption of services

A break in the provision of housing and communal services is grounds for reducing the payment amount. What can be considered a break:

Anything above these may be considered a service interruption. In this case, you can safely apply for a reduction in the payment amount.

How to write an application correctly?

This statement submitted to the service provider organization. In the application for recalculation of utilities, you must write the following information:

Documents on the basis of which the cost of services is recalculated

To confirm that the services were of poor quality, you need to obtain a certificate:

• if this violation is detected, a written complaint is drawn up and submitted to the company providing the services;
• After one business day, the consumer is given a response about the reasons that caused the deterioration in quality and ways to eliminate it;
• if the supplier disagrees, you must call a representative of the organization who will make a control measurement, for example, of the air temperature in the apartment or the gas pressure in the system (the call is made by sending registered letter with notice);
• if there is no response to the call, a complaint is filed with Rospotrebnadzor.

With an act of improper provision of services (for example, poor heating or water outage), an application for recalculation of utilities for a given period and personal documents, you must contact the service provider, and wait for recalculation.

If the tenant was absent from the apartment for a certain time, this can be proven by providing:

You can apply for recalculation if there is no tenant in the apartment more than five days. You can submit an application before departure, but then recalculation will apply only for six months.

If the service provider unreasonably refuses to recalculate, you have the right to file a claim in court for a recalculation of utility fees.

Video: Rules governing payment of utility services

The report explains the rules on which payments for utilities are recalculated.

It tells you what services you don’t have to pay for in the event of your long-term absence from your place of residence, and what services you cannot temporarily refuse.

Housing and communal services are a huge branch in the Russian government structure. And good knowledge of the structure and rules for the provision of housing and communal services will allow citizens to save not only nerves and time, but also money.

Russian legislation (including those related to the provision of housing and communal services) is designed in such a way that it gives enormous advantages to those who are well versed in it. So, to use your legal rights, you must not only know about their existence, but also know the order in which they are provided.

One of the most striking examples is recalculation for housing and communal services. Of course, most citizens Russian Federation They know that it is possible to reduce their utility bills. However, few people understand under what conditions and how this benefit can be obtained. So we get a situation where Russians are unable to exercise their legal rights.

Asking the housing and communal services department about such things is usually useless. Many government officials pretend they don't understand what they're talking about when you ask them about any social benefits. Nevertheless, you can find out about the benefits themselves and the procedure for their provision if you refer to legislation or other regulations, which regulate relations between residents and housing and communal services.

In this article, we have collected all the information on how to correctly recalculate housing and communal services. After reading this article, you can easily carry out this procedure and save a certain amount of money.

The article will present:

• requirements for residents;
• list of required documents;
• application procedure.

How recalculation is provided

Contrary to popular belief, recalculation does not give you the right not to pay the current receipt. If you apply for this benefit, you will still have to pay the amount for the “recalculation” period. However, in the next month, the amount of overpayments for the previous month will be deducted from your bills.

Thus, a recalculation is a deduction of overpaid funds from the next bill. If the deduction turns out to be more than the cost of services for one month, then it applies to subsequent bills.

Who can issue a recalculation for utilities?

To begin with, it is necessary to delimit the circle of persons who have reason to take advantage of this social benefit. According to the law, residents can make a recalculation apartment buildings, and “private traders”. The most important requirement that must be met is the absence of meters in the house or apartment. Of course, it is not necessary that there are no meters in the house at all. You will simply be able to recalculate only those types of services that do not have meters.

Let's assume that you have installed water meters, and pay for gas and electricity at the general tariff. Thus, by submitting an application for recalculation, you will reduce the amount on your electricity and gas bills. The amount for water will remain the same.

Obviously this is quite fair. Registration of recalculation implies that you have not used housing and communal services for a certain time. And the counter, of course, will not increase without your presence.

On what basis is recalculation for housing and communal services carried out?

In general, all the grounds on which residents can recalculate housing and communal services can be divided into three large categories:

• absence of a tenant from an apartment or house for a long time;
• failure to provide housing and communal services;
• inappropriate provision of housing and communal services.

Below we will discuss each of these situations in detail, and also tell you what to do in such a case.

How to apply for a recalculation if you have been absent for a long time

Most common cause applying for recalculation is precisely the absence of a tenant in the apartment or house. The reasons may be different: vacation, hospital treatment, business trip, and so on.

In this case, you have the right to apply for a recalculation of housing and communal services even before you leave home. However, sometimes you may be absent due to unforeseen circumstances (for example, if you have an accident and are hospitalized). In such a situation, it is quite possible to fill out an application after returning to the apartment.

To recalculate, you need to contact your housing and communal services department and provide paper confirming your absence. For example, if you were in the hospital, then show sick leave, according to which you were in a medical facility for a certain time. If you were on vacation, present your transport tickets. In any case, one way or another, you will be required to prove that you were not in the apartment during the specified period.

Recalculation for utilities occurs on the basis of adopted legislation. If the owner has metering devices, recalculation occurs automatically when information about new data is received. In the absence of appliances during the temporary absence of the owner and all residents of the apartment, recalculation is made according to the developed scheme.

What is recalculation

Recalculation is a new calculation of the consumer's payment for utilities. If any errors or discrepancies occur and they are identified, then Management Company or housing and communal services will compensate for the overpayment. But most often recalculation is done, because owners in many cases 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 water actually consumed (electricity, gas). But sometimes failures occur, as in the following cases. For example, heating fees are always paid according to the standard.

The standard is defined as 1/12 of last year's consumption per year. And every month we pay a fixed fee (since last year). At the end of the heating season in those apartment buildings, where public meters are installed, housing and communal services recalculate and the overpayment is returned to the consumer. There are also adjustments in the opposite direction.

But the most common types of overpayments are private. The model of the situation is most often this: the apartment owner does not send meter readings. This happens for both objective and subjective reasons.

For example, forgetfulness or family vacation may be the reason why the apartment owner temporarily does not transmit the data from his meter. In this case, the next month after the property owner resumes data transfer, he will be recalculated.

Legal acts

The recalculation has completely legal grounds. In 2011, the government of the Russian Federation adopted the well-known Resolution number 354. All sections of this legal act are devoted to the rules for the provision of public services to the population.

In 2017, further changes were adopted and, one can say, how recalculations are currently being made. The situation with the change in fees is reflected in paragraph VIII. The name also reflects some features: recalculation in the absence of consumers.

Here we consider only the aspect that concerns residential premises without meters. Everything is clear with the meters; recalculation will be done automatically when the next data from the metering devices is downloaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

Every citizen, owner or tenant of residential premises, is a consumer according to this document. He and his family consume government resources provided by various organizations or companies. In order to have a basis for the relationship, an agreement is concluded between the organization and the consumer of services.

The guarantor of the relationship between the contractor and the consumer is the state and laws. In accordance with Resolution No. 354, all citizens have the right to recalculation of utility bills. Therefore in new edition The procedure for recalculation in different situations is described in detail.

What is included in Decree No. 354

What's included:

• updated coefficients that determine drainage standards;
• the procedure for installing measuring instruments has been worked out in detail;
• with the help of the Resolution, the motive for installing a meter is strengthened;
• a simplified heating payment scheme has been introduced;
• since 2016, it has become optional to provide information from meters;
• in the event of a temporary absence of electricity or other services, payment for it will not be charged;
• the order of fulfillment of the listed conditions.

A special place is given to the responsibility of the performer to consumers and laws in the following cases:

• poor quality of services;
• damage to life and health due to poor quality services;
• failure of the consumer to receive 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 contractor and the consumer, the contractor will still compensate for damages in case of provision of poor-quality services.

Here are some points discussed in the Resolution:

1. Payment for general house needs is not subject to recalculation. This refers to the case when the owner was absent and the living space was temporarily empty.
2. In a two-tariff regime, changes in payment are 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 carried out within 5 working days. All days of absence are counted except the days of departure and arrival.
3. Recalculation is made only if an application is submitted and documents are provided that confirm the duration of absence. The request must be submitted before departure or no more than a month after arrival.

The following are accepted as documents confirming absence:

• a copy of the travel document with travel documents attached;
• document on treatment in a hospital or 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 FMS on temporary registration;
• other documents that can confirm the fact of the consumer’s absence.

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.

Video about fee recalculation

The main distinguishing features of the Resolution and its amendments are the policy towards widespread installation of devices. Therefore, owners of apartments with meters have a clear advantage in cases of, for example, temporary absence.