Recalculation for poor-quality hot water supply service. Who is responsible for hot water in the apartment and what temperature should it be. Calculation of hot water supply load

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The system for accounting for consumed utilities is being improved every year. Electronic resources have appeared for remotely entering readings and even devices that independently send data from the meter. However, it is not always possible to completely eliminate errors, and the cost of utilities, in particular water supply, is often overpriced. Recalculation for water helps to avoid further overpayment in such cases.

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ContentsShow

Legal regulation and grounds for recalculation of hot water supply and hot water supply

In order to validly file an application, you need to know the relevant legislative norms. Issues of payment for utility services are regulated by several acts. The most detailed procedure is specified in Resolution 354.

Government Decree No. 354

• terms of use;
• rights and obligations of the owner, as well as the organization providing services;
• payment order;
• cases of recognition of housing and communal services as low-quality, including facts of violation of their provision;
• features associated with the use of a central cold water and hot water system, or a separate column;
• responsibility of the parties.

There is no need to fully delve into the text of the document to solve the problem. You should pay attention to specific articles.

• there were errors when entering data into the accounting system - when there was a discrepancy with the actual readings;
• water does not meet sanitary and hygienic standards after purification (approved);
• the pressure in the water supply pipes is lower than required;
• emergency work deadlines were violated.

All bases are indicated starting at. Paragraphs 86 to 98 describe the recalculation procedure.

Other legislation

1. . You can refer in the text of the application to, indicating that the amount of payment is linked to the regional tariff. The components of payment for utility services are also established - cold water supply, hot water supply, sewerage and energy.
2. The concepts of water supply to multi-apartment residential buildings, as well as the rules for the supply of hot water supply, can be found in.

It is not necessary to refer to these sections, but knowledge of them can help in cases of protracted disputes with the management company.

Nuances and grounds for recalculating water consumption

In order for the recalculation to proceed without problems, little is required from the consumer. It is necessary to install meters (it is advisable not to lose technical passports) and take readings in a timely manner.

1. Incorrect information - intentional or accidental.
   It is detected during a scheduled inspection - a walk-through of apartments by employees. They record the differences and transmit the data to the settlement center, where the charges are adjusted. In some cases of recalculation after checking water meters, the next receipt may come with a minus sign, and you will not need to pay for housing and communal services for the next 2-3 months.
2. Violation of the rules for connecting to the central water supply system.
   The inspection report is drawn up by specialists of the management company. As a result, the tenant receives an order to correct the connection, as well as charges for unaccounted for water.
3. Interference with the work of the IPU.
   If the seal is broken, then recalculation will be made only from the date of its renewal. In this case, the application is accepted no later than three months from the date of detection of the interference - a security measure against unauthorized actions.
4. Low quality CG.
   If non-compliance with the standards is confirmed, a decision is made in favor of the apartment owner. At the same time, he has the right to demand compensation from the management company - the case is regulated by and.

Complications of the situation with incorrect charging usually occur in the absence of metering devices, as well as in some cases.

If statements for 2020 were not submitted

It's worth starting with the main thing. By analogy with the concept of a statute of limitations, there is a limited period in which an application can be filed.

1. Indications were not provided for 1 to 5 months.
   In this case, the metering device is considered faulty, and the charge occurs according to the calculated average monthly tariff. In this case, recalculation is possible only after the responsible persons have checked the condition of the meters. If the device is in working order and the seals have not been damaged, then you can submit an application.
2. From six months or more.
   Missing 6 billing periods in a row is grounds for refusing to reduce the payment amount. In this case, the management company is obliged to initiate an inspection of the IPU and take readings. This issue is described in more detail in.

You should not miss the dates for submitting information from meters for too long, since the difference in tariffs is significant. In addition, it is worth taking into account unforeseen circumstances, due to which 2 missed months can turn into six months, making the loss of funds irrecoverable. This threatens the formation of debt in payment receipts.

If there are no meters

A separate point is recalculation for utility bills in apartments where a meter is not installed. Such cases are described in. The basis for this is the absence of the tenant for more than 5 days in a row.

1. Only recalculation for hot and cold water is provided. Water disposal for general house needs is not affected.
2. Documents must be attached to the application to confirm the fact of departure.

At the same time, it is possible to appeal to legislative acts only if it is determined that it is impossible to install a water meter. If the metering devices are not at the consumer's request, the application will be refused.

The state strictly suppresses attempts to abuse rights. For example, providing an apartment for rent during absence. If it is discovered that someone is living on the premises, at best a refusal will be received, and at worst - liability for fraudulent activities.

Recalculation for hot water of inadequate quality

The most significant part of the payment for utilities is hot water supply.

1. Heat. The minimum DHW temperature is 65 degrees. At the same time, the permissible difference for the daily period has been established - a discrepancy of up to 3 (daytime) and 5 degrees (at night). If barely warm water comes from a hot tap (below 40°C), pay at the cold water tariff.
2. If the hot water supply is “rusty”, then you can initiate a check. In practice, the method is of little use when water of inadequate quality is supplied continuously, most likely, scheduled work is taking place. In this case, it is difficult to prove the fact of violation of the terms of their duration.

To recalculate for low-quality hot water, a special formula is used.

Formula for recalculating hot water of inadequate quality

The period during which the hot water supply does not meet the norm is from 40 to 64°C. Higher is acceptable, lower is considered cold. For every three degrees less than normal, the cost of the service drops by 0.1%. The calculation algorithm is indicated in paragraph.

Example

For convenience of calculations, we will take a tariff of 330 rubles per square meter.

1. A multiplier is determined - 0.1% for every three degrees of deviation. Total, 0.3%.
2. The tariff is divided by the number of calendar days in the period. 330 / 30 = 11 rubles for every 24 hours.
3. The fee for 1 day, the coefficient and the number of hours in the billing period are multiplied - 11 * 0.003 * 720 = 23.76. This is the recalculation amount.
4. The resulting value is deducted from the monthly tariff. The total payment will be 330-23.76 = 306.24 rubles.

Please note: the reduction in service is calculated not in tenths, but in fractions of a percent, i.e. not 0.1, but 0.001.

Recalculation for hot water during planned shutdowns

If the DHW is turned off during annual work at Vodokanal, the conditions specified in:

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• duration of events every 12 months. – no more than 14 days;
• consumers must be notified 10 days before disconnection.

In case of violation of deadlines, the fee is reduced by 0.15% for each hour exceeded. If the duration is met, then no recalculation for hot water will be provided.

Please note: there are also maximum deadlines for unscheduled suspension. In case of emergency, the hot water supply should not be turned off for more than 4 hours in a row.

How to write an application for recalculation

There is no strict format for writing an application. It is enough that it contains all the necessary data. In addition, information about the applicant and the organization to which the application is being submitted should be correctly indicated. It is also worth preparing the necessary documents and taking into account the deadlines for filing an application.

Statute of limitations for recalculating hot water

This nuance is important for consumers of utility services if it is impossible to install metering devices. There are time limits for filing an application in case of departure. You must apply for a recalculation no later than 1 month from the date of return. If there is a delay, the accrual adjustment will be denied.

It is best to write an application before departure, attaching documents confirming the period of absence. Application processing time – 5 working days.

Application for recalculation of water by meters

The application must be submitted in writing.

1. Name of the management company and responsible person.
2. FULL NAME. and the applicant's contact information.
3. Please recalculate.
4. Indication of justifications with references to laws.
5. Information about the accrual of fees, the amount of which is disputed.
6. Signature and date.

The easiest way is to draw up an application for recalculation of water according to meters using the sample.

Required supporting documents

Before contacting the Criminal Code, you need to collect documents to attach to the application.

• certificate of verification of the meter with a certificate of reconciliation of readings;
• results of hot water temperature measurements;
• documents on shutting off water supply;
• expert opinion on the quality of hot water samples.

The more documents you can provide, the higher the chance of a decision in favor of the consumer. The presence of all relevant acts on the problem is an indicator of the correctness and validity of the appeal.

Where to complain if a water recalculation is refused

After submitting an application without evidence, the management company may refuse recalculation.

• violation of statute of limitations;
• ignoring the need for responsible persons to have access to meters to verify the IPU.

If the application was drawn up correctly, the documents are attached, but the Criminal Code still refuses to recalculate, then you can file a claim. It is submitted to the state housing inspection.

It is necessary to describe the problem, complain about the illegal actions of the management company, list the names of employees and the dates of submission of applications. The text may refer to a violation of the Housing Code by the management company - and in the form of failure to fulfill obligations. The complaint should be accompanied by a copy of the application, ideally with a return receipt from an employee of the management organization.

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Please note: in order to improve work with consumers, most management companies record conversations. It would be useful to indicate the dates and approximate times of calls if there were attempts to solve the problem by phone.

• registration – within three working days;
• The examination itself takes 1 month, during the same period inspections are carried out;
• the response is sent to the specified contact information.

As a result, it is possible to initiate a procedure to analyze the activities of the management company, which may result in large fines and the transfer of the problem to the court. Sometimes facts are discovered that do not allow the housing inspectorate to act within its competence. In this case, the applicant receives a refusal with an explanation and an indication of the authorities to which the claim is forwarded.

Judicial practice on recalculation after verification of water meters

The last authority to turn to if recalculation is necessary is the court. The claim should list violations of articles of the Housing Code and rights by the Criminal Code. In this case, the state fee is not paid, since the appeal is considered a claim for the protection of consumer rights.

Additionally, the possibility of pre-trial settlement and the amount of compensation to be paid by the management company are indicated. Otherwise, a standard claim is drawn up.

Going to court is a last resort, and it usually doesn’t come to that. Recalculation for water by meters is a standard procedure, and most often occurs due to a common error. It is important to promptly respond to inflated charges in payments and seek compensation.

Please note that clause 5 of Appendix 1 to the Rules for the Provision of Utilities also indicates the permissible deviation of the temperature of hot water at the point of water collection from the temperature that meets the requirements of the legislation of the Russian Federation on technical regulation:

– at night (from 0.00 to 5.00) – no more than 5 °C;

– in the daytime (from 5.00 to 00.00) – no more than 3 °C.

However, these provisions do not in any way reduce the temperature, which is an indicator of the quality of hot water. Deviation from the established requirements (temperature below 60 and above 75 °C) means the provision of a service of inadequate quality (see Decision of the RF Armed Forces dated May 31, 2013 No. AKPI13-394).

If the utility service provider has an obligation to ensure that the hot water temperature at water collection points (in apartment taps) is not lower than 60 °C, it is logical to assume that at the entrance to the house the water temperature should be slightly higher (due to objective losses of thermal energy in intra-house networks). However, we emphasize once again that the regulations do not contain specific requirements for the temperature of hot water entering the house. Therefore, in court proceedings we are talking about requirements for RSO to ensure that the temperature of hot water entering the house is not lower than 60 °C.

When does the manager of an apartment building have the right to recalculate the cost of hot water?

In accordance with paragraph 2 of Art. 542 of the Civil Code of the Russian Federation, in the event of a violation by the energy supply organization of the requirements for energy quality, the subscriber has the right to refuse to pay for such energy. In this case, the energy supplying organization may demand compensation from the subscriber for the cost of what the subscriber unjustifiably saved due to the use of this energy.

By virtue of paragraphs. “d” clause 22 of the Rules for concluding resource supply contracts, when establishing in the contract the procedure for determining the cost of the supplied utility resource, it is taken into account that in the event of RSO supplying a utility resource of inadequate quality and (or) with interruptions exceeding the stipulated duration, the amount of payment for the utility resource changes in the order , defined by the Rules for the provision of public services.

Legislation gives absolute priority to the accounting of supplied utility resources using meters, installed, as a rule, at the border of the balance sheet of the RSO networks and the subscriber (provider of public services). Therefore, if there is a working operating control unit, put into operation properly, recording water temperature indicators, reports on the parameters of the utility resource, according to the operating control unit, are sufficient evidence of the supply of hot water of inadequate quality. If RSO does not refute the information specified in these documents, such reports are quite sufficient to establish the fact of supply of a resource of inadequate quality and carry out recalculation (resolution of the AS UO dated January 11, 2017 No. F09-10932/16 in case No. A60-59444/2015, AS SKO dated March 29, 2016 No. F08-484/2016 in case No. A32-23685/2014).

This conclusion is consistent with paragraphs. “c” clause 111 of the Rules for the provision of public utility services, by virtue of which the date and time from which it is considered that the public service is provided with a violation of quality is the date and time of the beginning of the violation of the quality of the public service, which was recorded by the OPU, IPU or other means measurements intended for these purposes and used in accordance with the requirements of the legislation of the Russian Federation on the uniformity of measurements, if the specified metering devices and measuring instruments are capable of storing recorded information. In this case, the utility service provider does not need to comply with the procedure for establishing the fact of providing low-quality services in accordance with Section. X Rules for the provision of public services (resolution of AS PO dated January 16, 2017 No. F06-15316/2016 in case No. A12-4577/2016, AS ZSO dated September 19, 2016 No. F04-3939/2016 in case No. A03-12727/2015, AS Central Election Commission dated February 29, 2016 No. F10-5264/2015 in case No. A09-1717/2015).

If there is no hot water control unit that records the temperature of the coolant (the house is not equipped with a control unit put into operation in the prescribed manner, or is equipped with a control unit that does not measure the water temperature, but records the coolant flow and the amount of thermal energy), the fact that hot water is supplied is of inadequate quality must be confirmed by a set of documents. In particular, compliance with the procedure set out in Section. X Rules for the provision of public services:

– the fact of the consumer’s contact with the emergency dispatch service is recorded (clauses 105, 106, paragraph “b”, clause 111);

– the date and time of the inspection are agreed upon with the consumer, the RSO is notified of the upcoming inspection of the quality of the utility service, if the reasons for providing the consumer with a service of inadequate quality are unknown to the contractor (clause 108);

– an inspection is carried out, the results of which are documented in an act (clause 109). As part of the inspection, the fact of provision of a service of inadequate quality is established (the act of measuring the temperature at the point of analysis in the residential premises), as well as the reason (the act of measuring the temperature at the entrance to the house).

Summary tables and calculations compiled by the Criminal Code unilaterally, in the absence of reports on the quality of public services, will not be accepted by the court as evidence (Resolution of the Central District Court of October 20, 2016 No. F10-2735/2016 in case No. A14-6593/2015).

Please note that the regulations do not link the establishment of the fact of delivery of a low-quality resource with the fact of recalculation by the utility service provider to the owners of premises of payment for low-quality service (Resolution of the AS ZSO dated September 19, 2016 No. F04-3939/2016 in case No. A03-12727/2015), although such a condition can be included in a resource supply agreement based on agreement of the parties and then must be observed.

Recalculation method

From the provisions of paragraphs. “d” clause 22 of the Rules for concluding resource supply contracts directly follows that the reduction in the cost of a utility resource of inadequate quality is calculated in the manner established by the Rules for the provision of utility services. The arbitrators come to the same conclusion based on the conclusions made in the Decision of the Supreme Court of the Russian Federation No. AKPI13-394: in the absence of any other act regulating relations related to changes in the amount of payment for the provision of public services for hot water supply, the manager of the apartment building has the right to demand from the RSO reduction of payment in case of delivery to homes of a resource that does not meet the requirements of SanPiN, in the same manner as established for the recalculation of fees for services for end consumers (resolution of AS PO dated January 16, 2017 No. F06-15316/2016 in case No. A12-4577/ 2016, AS TsO dated February 29, 2016 No. F10-5264/2015 in case No. A09-1717/2015).

Recalculation algorithm

According to clause 101 of the Rules for the provision of utility services, when a utility service is provided in a billing period of inadequate quality, the amount of payment for such a service, determined for the billing period in accordance with Appendix 2, is subject to reduction by the amount of the fee calculated in total for each period (day) of provision of such utility service. services of inadequate quality, in the cases provided for in Appendix 1 to these rules.

The amount of payment calculated in total for each period of provision of a utility service of inadequate quality is determined as the product of the amount of payment for a utility service determined for the billing period in accordance with Appendix 2, and the ratio of the duration of provision of a utility service of inadequate quality in the specified billing period to the total duration of provision of utility service. services in such billing period.

Let us introduce some notation.

The amount of payment for utility services determined for the billing period in accordance with Appendix 2 to the Rules for the provision of utility services is – Pi, and the amount of payment calculated in total for each period (day) of provision of such a utility service of inadequate quality (that is, in fact, the amount of reduction) – Δ . Duration of provision of utility services of inadequate quality in the billing period – t. The total duration of the provision of utility services in the billing period, taking into account the rule on the continuous and uninterrupted provision of hot water supply services, is equal to the duration of the billing period.

The above procedure for calculating fees (paragraph 2 of clause 101 of the Rules for the provision of utility services) can be presented as follows (let’s assume that there are 31 days in a month):

Δ = Pix t/31days

In accordance with clause 5 of Appendix 1 to the Rules for the Provision of Utility Services, for every 3 °C deviation from the permissible deviations in hot water temperature, the amount of payment for utility services for the billing period in which the specified deviation occurred is reduced by 0.1% of the amount of the fee determined for such a billing period in accordance with Appendix 2 to the Rules for the Provision of Public Utilities, for each hour of deviation from permissible deviations in total during the billing period, taking into account the provisions of Section. IX Rules for the provision of public services. For each hour of hot water supply, the temperature of which at the point of collection is below 40 °C, in total during the billing period, payment for consumed water is made at the rate for cold water.

The following indicators are used in this calculation:

– the amount of payment for utility services for the billing period in which there was a deviation from the permissible deviations in hot water temperature (Pi1);

– percentage reduction in the size of the fee (%), takes the values ​​“0.1” with a deviation of 3 °C, “0.2” with a deviation of 6 °C, etc.;

– period of deviation from permissible temperature deviations in total during the calculation period, taking into account the provisions of Section. IX rules (t1), determined in hours.

Thus, the amount of the fee reduction can be calculated using the following formula:

Δ = Pi1X %x t1

As you can see, this formula differs from that given in paragraph 101 of the Rules for the provision of utility services. However, the norm of paragraph 5 of Appendix 1 has priority as a special one. This conclusion is confirmed by law enforcement practice.

The above formulations are far from perfect, as evidenced by various interpretations, as well as numerous court proceedings on this issue. There are ambiguities regarding the first two factors.

Fee amount to which reduction percentage applies

The first indicator of the formula is the value, the share of which forms the amount of the reduction in the size of the fee (Pi1). Clause 5 of Appendix 1 to the Rules for the Provision of Utility Services states that this is a fee for the billing period in which the hot water temperature was reduced. What billing period is meant here?

In accordance with clause 37 of the Rules for the provision of utility services, the billing period for payment of utility services is set equal to a calendar month. The Letter of the Ministry of Regional Development of the Russian Federation dated June 4, 2007 No. 10611-YUT/07 provides an example of a calculation, from which it is clear that the payment is meant specifically for a calendar month. By the way, the wording of the current Rules for the provision of utility services is actually no different from the wording of the no longer valid rules in the part under consideration (clause 5 of Appendix 1). It is known that in private clarifications the Ministry of Construction is also of the opinion that the monthly fee should be taken into account in the calculation.

Meanwhile, clause 101 of the Rules for the Provision of Utility Services states that the amount of payment for the billing period (month) should be reduced by the amount of the fee calculated in total for each period (day) of provision of such a utility service of inadequate quality. That is, it is necessary to calculate the amount of payment for each day of provision of poor-quality services.

In addition, the Decision of the Supreme Court of the Russian Federation No. AKPI13-394 specifically noted: clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities establishes the conditions and procedure for changing the amount of payment for the provision of public services for hot water supply of inadequate quality, which does not allow for a complete refusal to pay the cost of hot water water supplied in violation of its temperature regime. If we assume that the amount of payment per month should be taken as the indicator Pi1, even with short and insignificant deviations in the temperature of hot water from the standard, the amount of reduction will reach this same amount of payment and the consumer will be exempt from paying for hot water of inadequate quality in a given month. It is this circumstance that many arbitrators put at the forefront when they accept the calculation of RSO based on the amount of payment per day and reject the calculation of the manager of the MKD based on the amount of payment per month.

For example, in the Resolution of the Supreme Military District of October 14, 2016 No. F01-3504/2016 in case No. A39-6742/2014 it is noted: the method proposed by the Criminal Code for reducing the amount of payment for a low-quality resource, according to which the percentage of reduction in the amount of payment for hot water supply is determined in total for the month and multiplied by the amount of payment for hot water supply for such a month, is actually aimed at exempting the management company from paying the cost of the consumed low-quality resource, which is unacceptable. Thus, when hot water is supplied at a temperature with a deviation of 18 °C below the standard for every hour for nine days, the monthly payment for hot water, if we accept the Criminal Code method, will be equal to zero. From the literal interpretation of clause 101 of the Rules for the provision of utility services, it follows that the billing period for the provision of utility services of inadequate quality is one day. This opinion is shared by many arbitrators (see decisions of the AS ZSO dated October 25, 2016 No. F04-4511/2016 in case No. A45-26014/2015, AS FER dated April 4, 2017 No. F03-6488/2016 in case No. A24-495/2016 , AS UO dated 03/31/2017 No. F09-1379/17 in case No. A60-14516/2016, dated 02/06/2017 No. F09-11636/16 in case No. A71-4808/2015).

However, there are also cases when arbitrators listen to the explanations of the Ministry of Construction and recognize the calculation based on the amount of payment per month as correct (see, for example, Resolution of the AS ZSO dated June 15, 2016 No. F04-2184/2016 in case No. A03-21553/2014) .

Thus, managers of apartment buildings can be recommended to contact the Ministry of Construction for clarification of the procedure for calculating the reduction in the amount of payment for hot water of inadequate quality and, having secured the document, to support their position in court. At the same time, one must be prepared for the fact that the court will reject this approach, citing the fact that the clarifications are not normative acts.

By the way, if the indicator of the amount of payment per day is selected, if there is an operating budget, it is advisable to calculate it according to the actual volume of water consumption per day, recorded by the meter. In the absence of operational resources, the calculation should be carried out arithmetically: the total volume of the resource supplied to the house and accepted for calculation must be divided by the number of days in the month.

Fee reduction percentage

In accordance with clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities, for every 3 °C deviation from the permissible deviations in hot water temperature, the fee is reduced by 0.1%. At the same time, the permissible deviation of the temperature of hot water at the point of water intake is already indicated by no more than 5 °C at night and by no more than 3 °C during the day. Based on the literal interpretation of the above norm, the fee for hot water is not reduced if the water temperature was not below 55 °C at night and 57 °C during the day. Accordingly, when the daytime temperature drops by another 3 °C (that is, to 54 °C), the fee is reduced by 0.1% per hour, when it drops to 51 °C - by 0.2%, etc. This item supported by the arbitrators (resolution of the Arbitration Court No. F09-1379/17 dated March 31, 2017 in case No. A60-14516/2016, decision of the Arbitration Court No. F03-976/2016 of May 24, 2016 in case No. A24-1520/2015).

However, the Decision of the Supreme Court of the Russian Federation No. AKPI13-394 states that the establishment in paragraph 5 of Appendix 1 to the Rules for the provision of public utilities of permissible deviations from the temperature regime prescribed by SanPiN 2.1.4.2496-09 actually means a change in the sanitary and epidemiological standard for the quality of hot water, which is anti-epidemic measure. Such legal regulation contradicts the above-mentioned norms of legislation and entails the recognition of the contested norm as invalid in the given interpretation. Deviation from the established requirements means the provision of a service of inadequate quality. In terms of the conditions and procedure for changing the amount of the fee, the norm in question continues to apply.

Therefore, the percentage reduction in the fee must be applied for any deviation from the standard, that is, if the hot water temperature drops during the day to 57 °C, the percentage reduction will be 0.1%, if it drops to 54 °C - 0.2%, etc. This option seems more logical and fair. It is known that the courts support him too.

This means that, again, it is advisable for the manager of the apartment building to justify his demands by citing a more advantageous calculation, being ready to defend before the court the position that it is inadmissible to reduce the temperature of hot water in comparison with the standard indicator.

The second issue with calculating the reduction percentage is whether it can be defined as a number that is not a multiple of 0.1. The fact is that when the temperature of hot water decreases not by 3 °C, but less, some experts recommend determining the percentage of decrease taking into account tenths, proportional to the ratio of the temperature deviation to the “step” of 3 °C. For example, if the hot water temperature during the day was 55°C, the percentage reduction could be calculated as 0.167% (5/3 x 0.1%). Is it correct? From the wording of clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities, it is hardly possible to draw such a conclusion. For every 3 °C deviation, the fee is reduced by 0.1%. From a literal interpretation of the norm, we can draw a conclusion about the relationship between the water temperature and the percentage reduction.

By the way, this approach is demonstrated in the Letter of the Ministry of Regional Development of the Russian Federation No. 10611-YUT/07. And in the Resolution of the AS UO dated October 28, 2016 No. F09-9955/16 in case No. A71-5017/2015 it is noted that the calculation of the Criminal Code is incorrect, since it includes tenths of a degree.

About the communal resource for the maintenance of common property

Since 2017, the concept of a communal resource consumed for the maintenance of common property was introduced. Within the framework of the Rules for concluding resource supply contracts, the requirements for the quality of a communal resource consumed in the maintenance of common property do not differ from the requirements for the quality of a communal resource purchased for the purpose of providing utility services to consumers. Therefore, the manager of the apartment building has the right to demand recalculation in relation to the entire volume of the resource supplied to the house, which is the subject of the agreement with RSO. This statement is true even if direct contractual relations have developed between the RSO and consumers regarding the provision of utility services, and the manager of the apartment building only acquires from the RSO the resource consumed in the maintenance of the common property.

Please note that the Rules for the provision of utility services provide for the recalculation of fees for low-quality utility services, which are understood as services provided on the premises (when managing a house of a management company, HOA). At the same time, the current legislation (including the Rules for the maintenance of common property) does not detail the procedure for calculating payments for utility resources for the purpose of maintaining common property as part of the payment for the maintenance of residential premises, and even more so does not provide for the procedure for recalculating this payment in the event that the hot water used in within the framework of activities for the maintenance of common property, there was insufficient temperature. Therefore, it seems that at present there is no basis for recalculating payments for hot water for consumers in order to maintain common property, if at the entrance to the house the control department recorded an unacceptably low water temperature and (or) the fact of provision of public services for hot water supply was established (in a residential premises) of inadequate quality.

About the supply of hot water at a two-component tariff

In a situation where a two-component tariff for hot water is established for the RSO, the MKD is equipped with a control unit that takes into account the volume of coolant and the amount of thermal energy; the calculation with the RSO according to the readings of the OPU, without taking into account the standard for thermal energy consumption for water heating, seems to comply with the law. You can read more about this in the material by S. N. Kozyreva “The volume of excess consumption at one-way service station with a two-component tariff for hot water supply.” At the same time, the MKD manager must pay consumers of utility services based on the specified standard, since this is directly prescribed by formula 23 from Appendix 2 to the Rules for the Provision of Utility Services.

For information: there are cases where the manager of an apartment building managed to defend the use of the standard for water heating in settlements with RSO (Resolution of the Tenth Arbitration Court of Appeal dated April 17, 2017 No. 10AP-805/2017 in case No. A41-18008/2016) and, on the contrary, the use the actual volume of thermal energy according to the indications of the control center in settlements with consumers (Resolution of the Tenth Arbitration Court of Appeal dated 02/20/2017 No. 10AP-119/2017 in case No. A41-58445/2016, left unchanged by the Resolution of the Autonomous District of Moscow dated 05/11/2017 No. F05-4667 /2017).

Since the OPU records the actual volume of thermal energy consumption for water heating, it is this that must be paid to the RSO. It is illogical to use any mechanisms to reduce the cost of a resource due to a deviation in hot water temperature. Let us remember, in accordance with paragraph 2 of Art. 542 of the Civil Code of the Russian Federation, in the event of a violation by the energy supply organization of the requirements for energy quality, the subscriber has the right to refuse to pay for such energy. In this case, the energy supplying organization has the right to demand compensation from the subscriber for the cost of what the subscriber unjustifiably saved due to the use of this energy. The principle of payment for actually consumed energy is enshrined here.

On the contrary, since, in accordance with formula 23, the payment for hot water for consumers is calculated based on the standard thermal energy consumption for heating water (which is established taking into account the provision of the proper temperature of hot water), consumers can qualify for a reduction in the payment for hot water if its temperature deviated from the standard, in accordance with clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities. Similarly, if the apartment building is not equipped with a control unit that records the amount of thermal energy for heating water, and in calculations with the RSO the thermal energy consumption standard is used, the apartment manager has the right to reduce the cost of hot water.

According to the interpretation of the norms of current legislation given by the RF Armed Forces, there are no permissible deviations from the standard temperature of hot water at the point of water collection. Any deviation indicates inadequate quality of the utility service. The same is true for the quality indicators of a utility resource at the point of delivery. Recalculation for management companies is carried out in the same way as for consumers, in accordance with the Rules for the provision of utility services. Law enforcement practice reveals several controversial issues regarding the application of this methodology. Key point: The percentage reduction should be applied to the fee per day, not per month. Let us add that with a two-component tariff, if there is a control unit that takes into account the volume of thermal energy in hot water, there is no reason to recalculate the fee for low-quality hot water for the building manager.

Explanations on the procedure for recalculating fees for the provision of poor-quality utility services for heating and hot water supply

GZHI of the Kemerovo region explains to residents the procedure for recalculating fees for the provision of low-quality utility services for heating and hot water supply.

WHAT STANDARDS SHOULD THE QUALITY OF PUBLIC SERVICES MEET?

According to the rules and regulations for the provision of public utility services, they must be provided to consumers in the required volumes and of proper quality. Otherwise, the amount of payment for a particular utility service is subject to reduction.

For heating, the air temperature in the living room should not be lower than +20 °C (in corner rooms - +22 °C). In this case, the permissible excess of the standard temperature is no more than 4 °C, the permissible decrease in the standard temperature in the daytime is not allowed, at night (from 0.00 to 5.00 hours) - no more than 3 °C.

For hot water, the temperature at the water intake points should be no lower than 60 °C and no higher than 75 °C. The permissible deviation in the temperature of hot water at the point of water collection at night (from 0.00 to 5.00 hours) is allowed by no more than 5 °C, in the daytime (from 5.00 to 00.00 hours) - by no more than 3 °C.

HOW MUCH CAN I REDUCE THE AMOUNT OF PAYMENT FOR POORLY PROVIDED PUBLIC SERVICES?

If the temperature of the supplied hot water differs from the specified one, or the air temperature in the living room does not meet the standards, then this is considered a service of inadequate quality.

According to the law, for each hour and degree of deviation in air temperature in a residential area, in total during the billing period in which the specified deviation occurred, the amount of payment for utility services is reduced by 0.15% (k = 0.0015).

As for hot water supply, for every hour and for every 3 °C deviation from the permissible deviations in hot water temperature, the utility fee is reduced by 0.1% (k = 0.001).

And if the temperature of hot water at the point of collection is below 40 °C, then for each hour of such supply, payment for the consumed water must be made at the rate for cold water supply.

WHAT SHOULD BE DONE TO ACHIEVE A RECALCULATION OF PAYMENTS FOR POORLY PROVIDED PUBLIC SERVICES?

It is important to understand that recalculations for poorly provided utility services are made only if all legal requirements for the procedure for establishing the fact of provision of such services are met. So, first of all, residents should contact their utility service provider - this can be a resource supply organization or a management company. A message about a violation of the quality of a utility service can be transmitted in writing in the form of a statement () or orally; it must be registered by the emergency dispatch service of the organization. Within two hours of receiving the request, its employees are required to conduct an inspection of the living space and take temperature measurements, the results of which must be entered into a special act of the established form. It is drawn up in several copies according to the number of interested parties participating in the inspection, one of the acts is handed over to the consumer (or his representative), the second copy remains with the contractor.

If the utility service provider refuses the owners, they can draw up the document themselves. In this case, the act is signed by two consumers and the chairman of the board of the apartment building and transferred to the management company.

Along with a certificate indicating that the temperature regime does not comply with standard indicators, the owner must fill out an application requesting recalculation for poorly provided utility services (). Thus, these two documents are the basis for reducing the heating fee.

To determine the recalculation period, after eliminating the causes of violation of the quality of the utility service, the contractor is obliged to make sure that the consumer is provided with a utility service of appropriate quality in the required volume and draw up an act on the results of the inspection based on the results of eliminating the causes of violation of the quality of the utility service, which is signed by the consumer (or his representative ) and performer.

HOW TO CORRECTLY MAKE INDEPENDENT TEMPERATURE MEASUREMENTS IN A RESIDENTIAL PREMISES?

To determine the temperature in a room, it is measured on the inner wall of each room at a distance of one meter from the outer wall and one and a half meters from the floor.

The measurement range and permissible error of measuring instruments must meet the requirements according to which the maximum deviation is 0.1 °C. Otherwise, when measuring with a household thermometer, a measurement error of 1-2°C for such a device can lead to a situation in which “overheating”, if present, will not be detected, and therefore no consequences in the form of recalculation will occur.

EXAMPLE OF RECALCULATION OF PAYMENT IN CONNECTION WITH THE PROVISION OF POOR-QUALITY HEATING SERVICES

Apartment area – 54m2;
Consumption standard - 0.017925 Gcal/m2;
The cost of 1 Gcal is 703.38 rubles. /m2;
Number of days in a month - 30 days. ;
Number of days when the temperature exceeded the norm – 7 days;

Temperature deviation from the norm and maximum permissible deviations is 3 degrees (temperature in the apartment is 27°C with permissible values ​​being 24°C);

The decrease for each degree and each hour when a violation occurred is 0.15% (0.0015).

1. The cost for heating per month will be: 54m2 x 0.017925 Gcal/m2 x 703.38 rubles. = 680.84 rub.;
2. Accrual for the period in which the violation was established is 680.84 rubles/30 days. x 7 days = 158.86 rub.;
3. 3℃ x 0.0015 x 7 days. x 24 hours x 158.86 rub. = 120.1 rub.;
Amount to be paid: RUB 680.84. — 120.1 rub. = 560.74 rub.

Thus, the payment in this situation will be reduced by 18%

The temperature of hot water in the tap according to the standard in 2020 is regulated by SNiP (building codes and regulations) N II–34–76 and SanPiN 2.1.4.2496-09. These documents determine the quality of water supplied to residential buildings for household and drinking needs.

Inadequate quality of tap water

In addition to the temperature, the hot water must match such parameters as cleanliness and pressure. What good is hot water if it runs in a thin stream or is dirty? Increased pressure is also not a reason for joy: it entails breakdown of couplings, valves and other elements of the water supply system.

For hot water, pressure limits are set from 0.3 to 4.5 atmospheres. Exceeding these boundaries is a direct reason for contacting the Criminal Code for recalculation.

Impurities in the aquatic environment can be either organic or inorganic origin: rust, entry into the earth system, rotting wood, etc. If such cases are frequent and long-lasting, it is necessary to file a complaint with the water utility with a request to inspect the treatment systems, which should be carried out jointly with the housing office.

How to file a complaint?