Russian legislation provides for full payment of all utility services by Russian citizens, and in case of non-compliance with the law, liability is provided. Shutting off the sewer system is one of the measures that you may face if you fail to pay for the use of public services. A complete shutdown of the sewer system in case of debt is not always carried out; in some cases, these measures may be limited only to a warning or temporary restriction of services. Find out all the details below.
Consequences for non-payment of utilities
Article 21 of the Federal Law No. 416 dated December 7, 2011 “On water supply and sanitation” provides for the legal shutdown of sewerage for non-payment, which applies to a specific apartment. How does the shutdown happen? The easiest way is to install a plug in the sewer pipes that belong to the debtor’s apartment. The installed plug prevents the removal of waste, extending its effects not only to the toilet, but also to the pipes leading to the washing machine, dishwasher, sink, etc.
Shutting off the sewer system is not the only way to impose sanctions on the debtor; the following measures can also be taken:
- seizure of property;
- ban on leaving the country;
- eviction of a debtor in case of regular non-payment.
Only during the trial and clarification of all the nuances can it be determined what sanctions a particular debtor will face and how long they will be active.
It’s very easy to turn off the sewer system for housing and communal services debts
“Such strict measures are applied to all residents who have not paid rent for several months and have a debt of over 60 thousand rubles,” says Evgenia Pavlyuchkova, head of the debt collection department. — Disconnection is carried out after mandatory warning of residents and delivery in person, signed, of the order to disconnect from the decree
People do not immediately understand what happened in their apartment with the sewage system, they begin to call all authorities, demanding the arrival of a repair team. To do this, after installing the plugs, information about such addresses and the reasons for blocking the sewer is immediately transmitted to the collector. In this way, the management company avoids false calls to repair teams, and the operator explains to those who call the reasons for problems with the sewer system.
What is the procedure for turning off the sewer?
The sewerage shutdown procedure is a serious and lengthy process that is not carried out in case of isolated non-payment of utility bills. Also, the debtor will definitely be warned in advance about possible forced measures in the event of further ignoring the rules of the law of the Russian Federation.
Restrictions on water disposal or complete cessation of service can be carried out no earlier than twenty days after warning the defaulter.
Twenty days after the warning, the utility company may by law stop the operation of public services by providing a restriction decision in the following form:
- Sending a warning that if there is no payment within twenty days, the service will be suspended or completely excluded. Such a direction must be handed over to the debtor, receiving from him a receipt indicating that the warning was received.
- If after twenty days there is no payment action by the debtor, the utility company will temporarily restrict the specific residence from using utility services.
- If the debt is not paid 10 days after the limitation of utility services, the debtor is completely deprived of water supply. The only exception is the supply of heating and cold water supply.
The legislation does not provide for a standard amount of debt at which restrictions can be introduced or water drainage can be completely turned off, so the Criminal Code determines the time for imposing sanctions independently.
Legality of restricting water disposal to debtors
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Utility providers use a variety of methods to deal with delinquent customers. One of them is a drain plug for debtors. Today we will talk about how legal this is.
Installing a sewer plug as a way to deal with non-payers
This design comes in several types:
- absolute - completely blocks the sewer drain;
- lattice - allows only liquid waste to pass through.
Sewer plugs for debtors are an effective method of dealing with debts that are more than two months old.
Since it is very difficult for utility services to gain access to the residential premises of a negligent payer, they have only one option - to install a plug without causing inconvenience to other residents of apartment buildings.
Installation of such devices occurs as follows:
- Experts study the drainage scheme and determine the possibility of installing a plug.
- Utility workers determine the type of device required.
- Installation is carried out using a special manipulator equipped with a video camera.
The entire installation process is controlled by the operator.
Representatives of utility services are required to notify the defaulter about the application of restrictive measures to him regarding the supply of utility services.
In the event of an unexpected sewer shutdown, a person has the right to sue representatives of the management company.
Moreover, judicial practice shows that such cases are most often resolved in favor of the debtor.
Is it legal to put plugs on sewer lines for debtors?
Current legislation allows for the possibility of terminating the provision of utility services to persistent defaulters.
After blocking the drainage system, the home remains suitable for further habitation.
This measure is intended to ensure that the debtor pays his existing obligations, because living in an apartment without sewerage is very uncomfortable.
It is prohibited to shut off cold water and heat to the room. Also, the supply of utilities to all residents of an apartment building cannot be stopped.
Since the plug does not cause any inconvenience to the other residents of the high-rise building, its installation is permitted by current regulations.
How do you prepare for installation?
Before shutting off the sewer system in the debtor’s apartment, representatives of utility services must carry out the following preparatory work:
- collect information about the condition of the pipeline;
- notify the debtor of the termination of the supply of utility services;
- examine the sewer riser for branches;
- provide a safe exit to the drain pipe.
In order to fully repay the debt, a person has 30 days from the date of receipt of the notice of termination of utility services.
What punishment does a debtor face for unauthorized removal of a sewer plug?
The legislation does not recommend resorting to self-removal of plugs using mechanical or chemical methods, as this can lead to damage to the entire sewer system.
Legal removal of the device is possible only if:
- full repayment by the defaulter of the entire amount of the debt;
- provision of installment plans for debt repayment by the management company.
Within two days from the date of payment or installment plan, the plug must be dismantled by representatives of utility services.
If this does not happen, then the homeowner has the right to contact the prosecutor’s office with a complaint about the inaction of the management company.
Thus, in order to avoid unpleasant situations, it is necessary to pay utility bills on time. If a sewer plug has been installed, then you should not resort to removing it yourself, but try to find a compromise with representatives of the management company.
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Procedure for blocking sewer pipes
Sewer blocking is carried out by specialists who know how the central drainage riser is located in a particular house. It is carried out in several steps: First, the location of the riser is determined, a plug is inserted into it, moving it to the area touching the problem apartment.
Next, a special outlet is installed in a limited area, which helps cut off the selected premises from utilities.
Such blocking does not in any way affect the drainage of neighboring apartments in the building; sanctions are applied exclusively to the apartment that has certain debts.
Can sewerage be turned off for debt?
When drawing up a statement of claim, you should be guided by the requirements of Articles 131 and 132 of the Civil Procedure Code of the Russian Federation. If the claim does not comply with them, then in accordance with Art. 136 of the Code of Civil Procedure, the claim will be left without consideration.
However, the amount of debt must be at least two monthly tariff rates. Moreover, paragraph 118 of the Resolution implies that the consumer must have a debt for at least one type of utility service in excess of two monthly payments.
Sewer blocking systems
There are several plugs, but the most popular are the “Whale” and “Octopus” plugs. Let's look at them in detail: Octopus - the system has a video camera, a several meter probe that blocks the device, and a manipulator.
With the help of such a system, you can block the sewer riser and monitor all actions through a video camera. As a result of this action, the geometry of the pipe is not disturbed, so other apartment owners in this house do not feel any inconvenience.
Kit - the system is made of a probe, a camera and a control panel. It has LED lights that make it easier to find an apartment. Using a compact remote control, you can control all processes from a distance.
There are other plug systems, but the ones described above are the most commonly used.
How to block the sewer system for debtors
How do you imagine the neighbors upstairs, with sewer ventilation through their apartment? Of course, you blurted out loudly, the neighbors won’t let you in. I can imagine the smells in the apartment of your neighbors from above, if the sewerage has an exit through their apartment, all the gases, through their toilet, along with water (which is like a water seal in the toilet) fly into the toilet, once every half hour. Believe it or not, I they were with neighbors, they live on the top, 5th floor, so the canal goes to the knee and down, into the riser and to the basement. There is no way up to the roof, neither in the kitchen nor in the bathroom. If all the siphon water seals contain water as they should, then there is no smell, the riser is not under pressure and does not throw anything out, in 30 years it has never clogged (cultured residents probably got caught). But if the siphon dries out, then yes, there is a noticeable smelly draft coming out of the hole.
Actions after a sewer shutdown
Some Russian citizens sometimes encounter problems such as shutting off or restricting water supply. Many people do not know what to do if the sewer system is turned off for non-payment of utilities, who to contact and how to quickly return to the previous drainage functions.
Most utility organizations are ready to meet customers halfway, relax measures, and accept payment of debts in installments. It is possible to conclude an agreement between the parties, which will involve the gradual payment of the debt in a certain amount at a given time.
If the sewerage system has been shut off for debts, and you have no idea what to do in such a situation, you need to remember that only through legal and peaceful means can you achieve the return of utilities. It is not recommended to act independently, trying to remove the plug using technical tools.
It must be remembered that such actions can only be carried out by specialists; independent measures most often result in flooding of neighbors, damage to property and other unforeseen financial expenses. The only correct way to solve the problem is to pay off the debt at the appointed time.
Reasons for disabling resources
The main regulations governing this issue are the Housing Code of the Russian Federation and Decree of the Government of the Russian Federation No. 354 of May 6, 2011. The latter document establishes the rules and regulates the procedure for providing utilities to residents of private and apartment buildings.
In accordance with these documents, the resource provider has the right to limit and temporarily suspend the volume of their submission. There is no talk of complete termination of the contract: as soon as the other party fulfills its obligations, the supply of resources will be resumed.
One of the most common reasons for service disconnection is the presence of utility debt. Its minimum amount should be two minimum monthly payments, calculated according to the standards. At the same time, utility companies take into account both the complete lack of payments and violation of the schedule
Before disconnection, residents must be notified. In addition, notification is always sent when there is an outage due to scheduled maintenance.
There are other cases of restricting access to resources. This is possible without prior notice to residents in the following cases:
- Natural disasters and emergencies.
- The need to eliminate accidents in communications and engineering networks.
- Unauthorized connection of citizens and organizations to resources.
- The use of high-power devices that exceeds the technical capabilities of building systems.
Disconnection can also occur if there is an order from municipal or state authorities. For example, this happens when the condition of building systems threatens the life and health of people.
For housing and communal services debts of 1,000 rubles they can now turn off gas, electricity and sewerage
Almost any service can be turned off - gas, electricity, hot water, sewerage. You cannot turn off only the heating, and in apartment buildings also the cold water (a private house can be left without water at all). If the provider of all services in the house is a management company, it will decide what to turn off. Therefore, you can owe money for water, but the electricity will be turned off, or vice versa. “There is government decree No. 354, according to which it is possible to suspend a utility service if there is a debt to pay for 1 service in an amount exceeding the sum of 2 monthly fees calculated based on the standard,” says Nadezhda Tarmaeva, legal adviser at the NP Housing and Communal Services Control. — How much is this in rubles? If a person lives alone in an apartment and local tariffs for electricity or water are low, then a two-month debt, for which your service can be turned off, can amount to 700-1000 rubles.”
Most often, utility workers cut off the electricity - it's simple and quick. An electrician comes, cuts off the wire in the access panel, insulates it and seals it. If a person connects without permission, he can be fined 10-15 thousand rubles. In Petropavlovsk-Kamchatsky alone, from January to September 2020, 17 thousand outages were made. Debtors in other cities and towns also know what it’s like to be left in the dark, without a TV or the ability to charge a mobile phone. Sometimes the gas is turned off, and less often the hot water, since in most houses this requires access to the apartment. Recently, deprivation of the opportunity to go to the toilet has been gaining popularity, since this also does not require entering the debtor’s home. The RVK-Voronezh water utility has already deprived the residents of two nine-story apartments on the street of sewerage. Lizyukov, each of whom owed 10 thousand rubles. And he plans to do the same with another 15 thousand citizens who have already received notifications. At the same time, the shutdown technologies are innovative: a device similar to a medical endoscope is lowered through the roof into a common sewer riser. An infrared camera transmits the image to the monitor, and the operator places the plug exactly on the defaulter’s drain. When the residents fully repay their debts and pay another 6 thousand rubles. for the work of the team, the plug will be removed only within 2 days.
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How do services resume after payment?
As soon as the Rules of Resolution 354 came into effect and RSO had the opportunity to influence debtors by turning off services, the total debt for utility bills began to decline sharply.
Which is predictable: living in an apartment without a toilet is uncomfortable!
According to the norm of paragraph 120 of the above Resolution, the supply of services must be restored a maximum of 2 days after:
- full repayment of utility debt;
- or signing a payment schedule (the debt is broken down by month).
This means that immediately after paying or signing the schedule, you need to write an application to the management company or RSO to renew the service (you need to write in two copies, register one and keep it with you). If after 2 days the plug is not removed, you can complain to the court or the prosecutor about the actions of the utility companies.
Important: neither the Resolution nor any other legal act obliges the debtor to pay for work on blocking and unblocking the sewer. If the RSO or management company issues an invoice for payment for such a procedure, you need to appeal this requirement to the prosecutor's office or in court.
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Paying for utilities is the direct responsibility of Russian citizens. The law provides for liability for ignoring obligations. One type of sanctions is shutting off the sewer system for non-payment of utilities. Let us consider in detail in what cases this can happen and what the shutdown procedure looks like.
The Supreme Court banned the disconnection of utilities for debts
- disconnection of a utility service must be proportionate to the violation committed by the owner. For example, if the debt is only 300 rubles, then you cannot turn off the light because of this, because turning it off will deprive a person of the opportunity to live comfortably in the apartment;
- Disabling the service cannot go beyond the actions that are necessary to eliminate the violation of the law. In other words, disconnection is possible only when there are no other mechanisms of influence on the debtor. For example, a management organization must warn a person about the debt that has arisen and provide him with a deferment or installment plan to pay for utilities. Only after the possibilities for a “peaceful” solution to the situation have been exhausted can utilities be turned off;
- disconnecting a utility service should not pose a threat to the life and health of others. This means that shutting off a utility service cannot cause harm to persons who are not debtors. For example, a single mother with a child lives in an apartment. The owner of the apartment is the mother and she must pay for utilities. It often happens that when there is no money, debt arises. Turning off the water in this situation jeopardizes the child’s health, so turning off the water is impossible.
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"Let's turn off the lights!" - This is perhaps the most popular threat that apartment owners face. Management organizations, in pursuit of 100% collection of payments for housing and communal services, frighten residents by turning off water, gas, and electricity. Moreover, no one is going to find out why a person could not pay for utilities. Maybe due to illness? Or was your salary delayed? The management organization doesn't care about this. The Supreme Court stood up to protect the people.
