Legislative basis for recalculation of utility bills.
Recalculation of utility bills can be done on the basis of: Housing Code (Housing Code) No. 188-FZ and Art. 155, 157 dated December 29, 2004
The articles outline the conditions for recalculation due to the fault of service providers when gas, water, and electricity are supplied with significant interruptions.
PP No. 354 of 05/06/2011, sect. 9. You can make a claim based on it and prove the poor performance of public utilities.
PP No. 491 of 08/13/2006, sect. 4 establishes the rules for changing charges or recalculating if the services turned out to be of poor quality.
ZoZPP No. 2300-1 dated 02/07/1992, Art. 22, specifies the time frame by which utility providers must respond to a consumer complaint.
Application for recalculation of electricity sample
This article will review a sample 2020 application for recalculation of utilities. Individuals will not only learn how to correctly draw up a document of this kind, but also in what life situations they have the right to use such a service as recalculation of charges for the use of a particular housing service.
Quite often, the relationship between users of utility services and their suppliers develops in such a way that the former have to defend their point of view and prove that they were charged a little more to pay than should be according to the norms of the Housing Code. To restore justice in such a situation, you cannot do without filing an application.
When should recalculation be made?
Before drawing up a document that requires recalculation, we strongly recommend that you make sure whether it should be carried out in accordance with current legislative norms or not. As a result of recalculation of the cost for using a certain utility service, residents may receive a slightly lower bill than before in the following situations:
- If the service was of poor quality. When paying money for the use of a particular utility service for a certain period of time, which is often equal to one month, it is understood that the user was provided with high quality services, and he has no claims against the supplier. For example, if the hot water had a temperature below the required temperature for a month or the cold water was of an unknown color and quality, then the user is not obliged to pay for this service in full.
- If the consumer was not in the apartment. It may also happen that an individual was absent from his apartment for some period of time and, accordingly, did not use a number of housing and utility services. If the duration of this period is more than five days, then homeowners who were not in it can safely apply for recalculation. However, it should be taken into account that this means five consecutive days. If, for example, an individual was not on the territory of the property for two days, and then a week later for another three days, then no recalculation will be made.
- If services were not provided. It also happens that due to various accidents or preventive maintenance, residents did not have gas, electricity, water supply or other services for some time. Since individuals did not receive them from the supplier, they are not required to pay funds during their absence. The organization responsible for providing the missing service must calculate how many hours or days residents did not use it and reduce the accrued cost accordingly.
Sample application for recalculation
If an individual does not agree with the amount that is accrued for payment in a single payment document for some utility service, then he may not pay money for it, but fill out a statement expressing the grounds for reducing the price for using it, as well as requiring recalculation. This document must be drawn up according to the application form. General information is written in the upper right corner, then the name of the document is indicated, after that all other information is stated, and the details are entered at the very bottom.
Attention! The method by which the application is submitted does not matter. Individuals can print the application on a computer, and then transfer it to paper, print out the document form and add the missing data with their own hands, or complete it entirely by hand.
How to design a “hat”
Not all utility service employees have the authority to review documents drawn up for the purpose of carrying out the recalculation procedure.
In this regard, the document must be addressed specifically to the manager.
On the right side of the sheet is written the name of the position, and in the line below the official name of the organization acting as a provider of housing services, the cost for which was calculated incorrectly.
After this, information about the user is also written down on the right side of the sheet. First of all, the surname, first name, and patronymic are indicated. Then, just below, the address of the consumer where he resides permanently is displayed.
This is done so that the individual can receive written notifications directly related to the recalculation.
Therefore, if the applicant lives in one place, but at the same time requires a recalculation related to another property object of which he is the owner, then the address of the first object must be indicated.
After the document title is displayed in the center of a new line, the applicant can begin to express his requests and claims to the utility organization. An individual needs to write that he requests a recalculation of the accrued cost for such and such services.
As a rule, when using a ready-made application form, the names of these services are already indicated in brackets. These include electricity, sewerage, gas, and hot and cold water. The applicant must cross out those services that should not be recalculated.
Then the following data is indicated:
- Dates.
Source: https://arenaprava.ru/obraztsy/zayavlenie-na-pereraschet-elektroenergii-obrazets/
Grounds for recalculation of utilities.
All services provided to the population must meet the requirements of quality, volume, etc.
Provided that the tenant has not received them in accordance with payment, he can write a statement and demand a refund for paid but not consumed kilowatts, cubic meters, etc.
Poor quality services.
This concept refers to services that do not meet the quality parameters provided for by law.
The consumer will have to collect evidence to substantiate the fact.
They call specialists from the utility organization, draw up an act in 2 copies, sign it by all those present plus 2 witnesses from among the neighbors.
One copy is given to utility companies, the second copy is kept by the consumer.
Important! You need to remember about the “demarcation point”; depending on its location, responsibility lies with different organizations.
If there is heat when it is brought into the house, but it is cold in the consumer’s apartment, a claim is made against the management company.
Ignoring a call by utility workers is not a reason to be inactive. All measurements are carried out independently, a paper is drawn up and signed with the participation of 2-3 neighbors.
According to the standards (SanPiN 2.1.4.2496-09 dated 04/07/2009), the temperature of hot water under running water should be + 60C – +75 C, deviations of 3-5 C are allowed at different times of the day.
If water flows from the tap at less than + 40C, then the tariff is paid as “cold water supply” (clause 87).
In electrical networks, the voltage should be 220 volts, with deviations of no more than 10%. Using a household voltmeter, measurements are taken in the electrical panel, but the voltage can also jump due to faulty appliances in the apartment.
Important! All recalculation requirements must be supported by documents. Unsubstantiated statements will not be accepted.
Network repair.
If utility services plan repairs to networks, turn off electricity, gas, water, heat, then consumers are warned about this in advance, and payments are not charged for the downtime.
Temporary absence.
At the time of departure, a tenant who does not have meters must contact the management company with a request not to charge fees for a certain period.
You will still have to pay for the maintenance of common property and heating (clause 88).
Change in the number of residents.
Rent is calculated based on the number of registered residents.
If there are fewer residents, the management company is obliged to recalculate and charge a lower amount.
In what cases can you expect a reduction in utility bills?
The provision of housing and communal services is regulated by the Housing Code of the Russian Federation. You can reduce housing and communal services costs in several cases:
- If the services provided do not comply with legal requirements.
- In cases where residents do not live in the apartment.
- If there is a break in the supply of water, gas or electricity.
Reduced payment amounts
You can count on a reduction in the amount of utility bills based on:
- Gas - in case of a change in the chemical composition of gas, which is provided for by law, only with an expert opinion. If the gas pressure in the pipes deviates from the norm allowed by law. Also in the absence of gas for more than 4 hours during a continuous month.
- Heat - an application for recalculation can be drawn up if the temperature in residential premises is less than 18 0 C. The reason for filing a claim is a decrease in the pressure level in heat supply systems, which is provided for by law. In the event of a deviation in the chemical composition of water in the heating system, which has a destructive effect on the condition of pipes and batteries. In rooms where the temperature is below the permissible minimum norm, the heating cannot be turned off.
- Electricity – filing a complaint is possible if voltage standards stipulated by law are violated. The absence of current supply for two hours is allowed if the power plant has two power sources. It is also allowed to turn off the lights for a day if the power supply station has one source.
- Water – there is no need to rush to pay bills if the water supply is not intended for domestic use. If there is sediment of an unnatural color, unpleasant odor, etc. The reason for revising bills is a change in the water temperature provided for by the standards. The hourly lack of water in residential areas is also considered, where population density is taken into account.
Important: If the temperature of a living space without heat supply is below 12 degrees, then shutting down is permissible only for a few hours. The number of hours of permissible absence of heat in this case is regulated by law.
Benefits, subsidies for housing and communal services.
When retiring, becoming disabled or receiving benefits from the state, a person has the right to a reduction in utility bills.
A document confirming this right is submitted to the Criminal Code.
If there are benefits, the preparation of documents giving the right to recalculation is handled by the Social Security Department. They then transfer the documentation to the service providers.
If the meter data is incorrectly transmitted, underestimated or overestimated, you can write a request, call the controller and document the information. Based on the completed papers, the applicant will be recalculated.
Application for recalculation of utilities.
Contents of the claim and how to draw it up
A statement of claim to the court is drawn up if the management company refuses to voluntarily recalculate the accruals and the supervisory authorities did not help. The claim must indicate:
- information about the plaintiff - last name, first name, patronymic, address, telephone or email for contacts
- information about the defendant – company name, address
- details of the contract for the provision of services
- essence of the complaint
- period of incorrect accrual
- claims in monetary terms
The homeowner has the right to apply to the judicial authorities in person, send a letter by mail, or delegate powers to an authorized person by registering a power of attorney with a notary.
Letter to energy sales regarding recalculation
All owners of private houses, apartments and private businesses constantly have to pay bills for consumed electricity. The basis for such financial transactions is the readings of metering devices, which must be regularly transferred to the energy supply organization in the prescribed manner.
Depending on the concluded agreement, the amount of electricity consumed may be recorded by the management company or the residents' association, and data on electricity consumption must be entered in the appropriate log. But, there are situations when the data does not agree and you may be recalculated for electricity.
Inconsistency between meter readings and receipt data
When is it produced?
Due to the fact that no one is obliged to constantly take care of the timely transmission of readings, any consumer of electricity may encounter a situation where the data on his meter does not coincide with that indicated on the receipt. This allows you to manage the funds spent differently. Recalculation of payments for consumed electricity can be initiated in the following situations:
- Late transfer of data is the main reason for the possibility of recalculation. As a rule, it occurs in cases where the user untimely submitted meter readings, and the amount of payment was set for him according to a common household meter or according to average values.
- Lack of information about consumed electricity - occurs when the consumer does not transmit data about consumed resources. In such a situation, the energy supplying organization will independently charge a certain amount, in accordance with the average data available to them. Of course, this value cannot fully correspond to actual consumption. Therefore, after the testimony is provided, a recalculation must be made.
- The absence of the owner of the electricity connection point, for example, during his departure for any period of time. Physically, he could not monitor the reading of the electric meter, so the accrued amount will occur automatically. And after providing them, a recalculation must be made.
- Incorrectly entered readings - if electricity consumption was recorded with an error, you can request a recalculation. According to the law, residents can be present during this procedure and must make their mark on the correctness of the recorded volumes of electricity consumption.
- Meter malfunction - if the operation of the device itself is disrupted or after replacement you find that the device has much higher meter readings than it had before it was replaced, then it is also necessary to recalculate.
After the energy supplying organization compares the amount of payments with the supplied electricity, the surplus obtained as a result of recalculation will be used as payment for subsequent months.
But it should be noted that such a procedure is not always decided in favor of the consumer. Since, according to the general building meter, the supplier can bill a smaller amount for payment than the homeowner actually spent.
Then you will have to pay extra after recalculation for electricity for the underbilled kilowatts.
How is it produced?
If you decide to recalculate the cost of the electricity you consumed, you need to submit an official application to the appropriate organization that carries out payment calculations. As a rule, these are management companies, homeowners' associations or housing cooperatives; there are also other electricity suppliers, but this depends on the specific case.
How to write an application for recalculation of utilities?
Rice. 2. Sample application for recalculation
Look at Figure 2; the header of the application indicates the position and full name of the head of the relevant organization, if known to you. Otherwise, you can write “To the Manager and the Name of the organization.” Next, the header indicates who it was written from, write your full name, address, you can also indicate a phone number, this will greatly simplify feedback from you.
Below is the text of the application for recalculation:
- In the recalculation column, cross out all unnecessary types of utility payments and leave only electricity supply.
- Under it, indicate the period of time for which you want to recalculate.
- Next, indicate the reason why the organization providing the utility service must recalculate. We discussed the options above, but in the text of the application it is better to indicate briefly. For example: absence of readings, non-occupancy of residents, incorrect readings taken, faulty metering device, calculation of fees according to consumption standards does not correspond to reality (relevant for contractual consumers).
- In the column for reasons for recalculation, you write down the corresponding document that provides the basis for this. In addition to the columns proposed in the description, you can refer to the Housing Code, Rules for the maintenance of common property in apartment buildings, Rules for the provision of utility services. If you have a meter malfunction report drawn up by an authorized specialist, indicate it and be sure to attach a copy, as with any other document. There is no need to attach a copy of the regulatory documents.
Possible difficulties
Despite the legality of the procedure, users often encounter various difficulties when trying to recalculate. To do this, consider the most common situations:
Source: https://iunicreditbank.ru/spravki/pismo-v-jenergosbyt-o-pereraschete
Pros and cons of each method
When contacting a lawyer
Advantages:
you don’t have to find out exactly where the claim is being filed - the lawyer will find out for himself;
Disadvantages of this method:
- price;
- take additional time to find a specialist and go to him;
- possible waiting - until all the papers are filled out and sent to the court.
Of course, if the decision is positive, you can charge the management company for the lawyer’s services; the courts will award compensation for expenses; but before the meeting you will have to pay from your own pocket, which is quite expensive, and then wait until the compensation is collected.