We haven’t submitted water meter readings for 5 months.

Despite the fact that the calculation of payments for utility services is now carried out mainly by computerized systems (and this excludes the human factor), errors in receipts are still possible.

Therefore, it is important to monitor current tariffs and amounts in payments. If an error occurs in the direction of decreasing or increasing the utility bill, a recalculation is made.

This action is also carried out when a person does not live for a long time at his place of registration, when inaccurate metering data was provided, and for many other reasons. The easiest way to recalculate water is when meters are installed in the apartment, but you can do it without them .

Recalculation for hot water is carried out according to Resolution 354 of the Government of the Russian Federation, taking into account the latest changes in it. New data must be indicated on the receipt for the next month in a special “recalculation” column .

If the amount in the receipt for water supply has been reduced, the supplier of this important resource will make a new calculation himself, without waiting for the consumer to act. But if an unreasonably large amount is charged, it is in the interests of the consumer to resolve the issue himself. To do this, you need to write an application to the Management Company.

ATTENTION! Recalculation is the difference between the amount that was accrued and the one that actually needs to be paid.

Calculation in case of failure to provide IPU testimony

It should be noted that in the case of a transition to calculation based on the average monthly consumption of a utility resource and a subsequent transition to calculation according to the standard, the provision of IPU readings by the consumer does not entail any recalculations. Recalculation in this case is not provided for by Rules 354.

If, after the expiration of these three billing periods, the consumer has not provided information about the IPU readings, then, in accordance with paragraph 60 of Rules 354, the amount of payment for the utility service is calculated based on the utility service consumption standard. In this case, the increasing factor is not applied!

Features of the procedure

Recalculation of the incorrectly accrued amount for hot water can be carried out:

at the request of the consumer;
on the basis of an inspection report, inspection or on the basis of a protocol.

In the first case, the homeowner submits an application to the company responsible for supplying water. It is important that this application be registered; you can also attach documents such as a conclusion on the quality of the service, an inspection report.

An application from a consumer is considered for no more than 5 days, this is established by law.

A positive result of the review can be considered recalculation in favor of the consumer and reimbursement of overpaid money. They can simply be counted towards future payments for hot water supplies.

What to do if the water supply company refuses to recalculate. If the consumer is confident that he is right, he can calmly contact the prosecutor’s office, the court, or Rospotrebnadzor.

How heating costs are recalculated in 2020

The consumer submits an application requesting recalculation of heat supply services during his absence to the appropriate organization no later than the end of a month from the date of arrival. The calculation takes place according to a strictly established procedure. The management company reviews the acts when submitting an application for recalculation, which will be carried out for 6 months.

To document the provision of low-quality services, the management company inspects the premises. If company representatives ignore the request for an examination, the inspection is carried out independently. All necessary measurements confirming violations are made in the presence of two witnesses and the data is recorded in the report:

How to submit an application for recalculation of utilities

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.

Dates. The applicant must display the period for which he wants the recalculation to be made. First of all, the day, month and year of the beginning of the recalculation are entered, and then its end date. It should be noted that the written dates are taken into account when calculating the days for which the cost for a certain type of service is recalculated. If, for example, the application contains the following dates: 01/21/2020 – 01/25/2020, then the recalculation will be done in five days.
Causes. In order for the price to be changed, compelling reasons are required. In this regard, the application must indicate on the basis of which the individual believes that he is entitled to a recalculation. After this, these facts are analyzed, and if they meet legal standards, then a revision of the accrued cost for a particular housing service is still carried out. If the reason for the recalculation was the absence of individuals on the territory of the property, then it is necessary to list the last names, first names and patronymics of all those residents who were not present, and also display the corresponding dates.
Document details. In order for the above text to be considered reliable, it must be supported by documentary evidence. Therefore, if the owner of the apartment was absent for some period of time, you will need the appropriate document. For example, this could be a certificate from a medical institution indicating that an individual is within its walls, plane tickets, and so on. If the basis for the recalculation was the unsatisfactory quality of housing services, then this can be confirmed using a special document issued by an appraiser.

Recalculation may not be done if the readings - IPU were not submitted on time

In this case, the increasing coefficient as a sanction is not applied, since for the consumer the transfer of meter readings is a right, not an obligation. This norm was enshrined in the ruling of the Supreme Court of the Russian Federation dated March 19, 2013 No. APL 13-82, and corresponding changes were made to the Rules for the provision of utility services. As a result, by law, citizens can provide IPU testimony whenever they want.

According to current legislation, if the owner of a residential premises does not transmit the readings of individual metering devices (IMU), then charges for utilities are calculated based on the average monthly volume, and after 3 billing periods it is calculated according to the consumption standard.

Application for recalculation of utility bills: sample document and useful tips

In case of poor-quality utilities, recalculation will require an inspection of the premises by the management company. If the request to conduct such an examination is ignored, a report is drawn up and measurements are taken in the presence of two witnesses. This paper must be provided to your management company.

I heard that if a person is absent from home for some time, a person has the right to a recalculation. But how then can you prove that someone else was not at home? For example, if I left my mother to look after the dog, she will use water and gas (I don’t have meters), and I am registered in the apartment alone, can I provide a ticket and not pay for that period?

Calculation in case of failure to provide IPU testimony

In this case, the contractor, in accordance with subparagraph “g” of paragraph 31 of Rules 354, is obliged to accept IPU testimony from consumers. It should be noted that accepting the transferred testimony is the responsibility of the performer, but transferring the testimony of the IPU is right , not an obligation. At the same time, the contractor has the right to verify the accuracy of the information transmitted by the consumer about the readings of the IPU (subclause “d” of clause 32 of Rules 354) and even has the obligation to carry out such verification (subclause “b” of clause 82 of Rules 354), and the consumer, accordingly, has the obligation to admit the contractor to the occupied premises to take IPU readings, but not more than once every 3 months (subparagraph “g” of paragraph 34 of Rules 354).

We recommend reading: Noisy Work in a Residential Building Time 2020 in the Bryansk Region

It should be noted that the responsibilities of the executor, in addition, include notification of the timing and procedure for taking IPU readings by consumers and transferring information to the executor. Such notification must be indicated at least once a quarter in payment documents (subparagraph “h” of paragraph 31 of Rules 354).

Procedure for filling out an application for recalculation of utilities, sample

If utility bills are incorrectly calculated, the question arises: how to write an application for recalculation of utility bills. An application for recalculation of utilities must be supported by a number of documents confirming the need for recalculation:

Each branch of housing and communal services organizations must clearly demonstrate how to correctly formulate and write an application for recalculation of payment for the provided utility services. A single sample form is placed on the stand or in a special folder with samples.

10 Jul 2020 glavurist 178

Share this post

Personal Income Tax When Selling Real Estate In 2020 For Individuals

Application for clarification of cadastral characteristics of a land plot

Who is the obligatory heir in the presence of a will?

How many square meters per person?

Recalculations under paragraph 61 of Rules 354

The analyzed norm, in terms of describing the nature of the check, literally establishes: “checking the reliability of information provided by the consumer about the readings of individual, common (apartment), room metering devices and (or) checking their condition,” that is, we are talking about three verification options:

In Russia, tariffs for major repairs of apartment buildings may increase. This will affect contracts already concluded before January 1, 2020 for the overhaul of the common property of houses. This possibility is provided for in the draft resolution prepared by the Russian Ministry of Construction.

If the meter data has not been submitted, you can recalculate

If an error occurs in the direction of decreasing or increasing the utility bill, a recalculation is made. This action is also carried out when a person does not live for a long time at the place of registration, when inaccurate metering data was provided, and for many other reasons. The easiest way to recalculate water is when the apartment has meters, but you can do it without them. Contents Recalculation for hot water is carried out according to Resolution 354 of the Government of the Russian Federation, taking into account the latest changes in it.

Return to login Join us! Registration information: E-mail (this will be the login) Password First and last name Gender Male Female Date of birth Region Adygea rep. Altai, rep. Altai region Amur region Arkhangelsk region Astrakhan region Bashkortostan rep. Belgorod region Bryansk region Buryatia rep. Vladimir region. Volgograd region. Vologda region. Voronezh region. Dagestan republic. Jewish Autonomous Republic.

Recalculation of water in the presence of meters

The rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, which were approved in accordance with government decree No. 354 of 05/06/2011, indicate that the amount charged for water supply consists of 5-6 points:

Discharge of water in risers during repair work with radiators of the heating system;
Pressure testing of heating system components after repair work;
Technological drainage of the heating system in order to prepare it for the winter season;
Possible intra-house losses in water supply networks.

How to recalculate utility bills according to resolution 354

This action is absolutely free, so you will not lose anything, but you will gain new knowledge. But let's look at the situation with temperatures in more detail. Decree 354 tells us that the temperature in your apartment should not fall below 18 degrees Celsius, and in corner rooms it should stay at 20. In cold areas and areas (where the frost goes beyond 31 with a minus sign), we add to the above values another 2 degrees. Heating cannot be turned off for more than a month for a total annual calculation. And the maximum period per day without heating is 16 hours. But provided that during these 16 hours the temperature was below 12 degrees Celsius. An increase in temperature with proper heating operation is allowed up to 4 (although rarely does anyone complain about the heat in the apartment, but people are different, and this is not prohibited by law). A decrease of 3 heat units is acceptable, but only at night (this is the time from 12 at night to 5 in the morning).

invoices for payment for a hotel room or other similar place where the person lived (possibly an apartment rental agreement, etc.) and their copies with a certification mark;
an extract on temporary registration in another place of residence;
if the apartment is alarmed - a certificate from the security guards about when the apartment was alarmed and when it was removed;
a certificate from a boarding school, orphanage, or any educational institution with 24-hour stay;
a certificate from the consulate of another country or state confirming the fact of crossing their border and returning back to their homeland;
a certificate issued by the dacha community or partnership stating that they spent the entire period of time specified in the application at the dacha;
any other official document that can confirm the consumer’s words about his absence from the apartment.

Interesting: Benefits for registering in the early stages of pregnancy in 2020

Is there a recalculation of the Increasing Coefficient if the Testimony has not been transferred to IPU for a long time?

The readings provided by the consumer, in this case, are taken into account as the initial readings of the IPU, used to determine the amount of payment for utility services in the billing period following the billing period in which the consumer provided information about the readings of the IPU. Rule 354 does not contain a norm that literally establishes the use of IPU readings submitted by the consumer as initial readings for calculation in the next period. However, from the totality of the provisions of Rules 354 it follows that the contractor is obliged to accept the IPU readings submitted by the consumer and is obliged to apply these readings in calculations, while recalculation for previous billing periods based on the IPU readings submitted in violation of the established deadline, Rules 354 do not provide for

We recommend reading: Veteran of Labor of the Tula Region Law

b) in case of failure by the consumer to provide readings of an individual , general (apartment), room meter for the billing period within the time limits established by these Rules, or an agreement containing provisions for the provision of utility services, or a decision of the general meeting of owners of premises in an apartment building - starting from a billing period for which the consumer did not provide meter readings before the billing period (inclusive), for which the consumer provided the meter readings to the contractor, but no more than 3 billing periods in a row;

Incorrect counter data

Incorrect data on cold or hot water supply transmitted to the resource supplier is one of the most common reasons for recalculation. If the consumer notices an overpayment, he can contact the Management Company and request a recalculation . There is a certain procedure.

The consumer calls specialists from the heat and water supply company so that they record the exact readings of the metering devices and draw up a report on this matter.
Such a document is attached to the application. The service provider needs to record documents and transfer them to the billing department.
If everything is done correctly, recalculation receipts should arrive next month.

The main document for recalculation for hot water supply is Resolution No. 354 and the Rules approved by it (clause 61).

It is important that the meters themselves are in good working order and meet all requirements. Only in this case will their indicators be taken into account by the billing department of the supplier company.

Is it possible to recalculate utility bills if water readings have not been submitted for more than 6 months?

If you have working water meters, then charges should be made based on the readings; if you do not submit them, then utility bills are calculated depending on the average indicators for your consumption over the last 6 months. However, if later you provide meter readings, then the management company must charge a fee based on the data provided.

By the decision of the Supreme Court of the Russian Federation dated March 19, 2013 N APL13-82, subparagraph “c” was declared invalid in terms of the consumer’s obligation, if he has an individual, common (apartment) or room meter, to monthly transfer the received readings to the contractor or his authorized person no later than the 26th day of the current month.

How to write an application for recalculation of hot water - sample

Recalculation is carried out according to the meter by the service provider. In this case, the meter readings received by the commission at the request of the consumer will be accepted for recalculation only if it is determined that the metering devices are in good working order, the verification period has not expired, and the integrity of the seals has not been broken.

Recording accurate instrument readings with the participation of suppliers. For this purpose, an authorized employee of the water supply company is called. Based on the results of the reconciliation, a report is drawn up.
Filling out an application.
Contacting the service provider's settlement center with an application and related documents.
Waiting for recalculation. It will be reflected in the next payment receipt.

How should the management company recalculate the payment for CG based on the results of the IPU audit

recalculates the payment amounts for the CU taking into account the changed indications;
sends the owner a request to repay the resulting difference, or notifies him of overpaid funds (indicating the amount of the overpayment). This is done before the tenth day of the month following the one in which the meters were checked.

depending on the average monthly amount of consumed utility resources, determined by the owner based on his meter readings for a 6-month period or more;
for the actual period of operation of the meters, but not less than 3 months, if the IPU worked for less than six months, but more than 3 months;
using standards for the consumption of utility resources, if the meters at the facility have been in service for less than 3 months.

Application for recalculation of utility bills in housing and communal services

Another reason may be violations by housing and communal services in the quality of services provided. An agreement is concluded between residents and utility providers, which determines the level of quality. If the actual data does not correspond to that stated in the contract, then a reduction in the cost of these services and a recalculation may be required. Also, the quality of services must comply with SanPiN standards; in the absence of such compliance, you can also contact the housing and communal services with an application to recalculate the cost of paid utilities downward. The cost of low-quality services can also be reduced by 0.15%. In this case, before writing an application to the housing and communal services, you need to deal with the service provider with whom the consumers have an agreement. The fact that the quality of public services does not correspond to the expected must be recorded in an act, which is attached to the application as documentary evidence

Interesting: What documents are needed for the declaration of 3 personal income tax during treatment

The application can be made in free form. It must be reasoned; it is not enough to simply write a statement asking for a recalculation without supporting it with anything documented. A strong documentary justification is required to confirm the need to recalculate payments for utility services.

Is there a recalculation of the Increasing Coefficient if the Testimony has not been transferred to IPU for a long time?

In the event of failure, violation or destruction of the control seal
, as well as failure of the metering device (malfunction),
the consumer immediately notify
about this by phone 33-78-49, report the readings of the metering device at the time of failure and ensure that the identified malfunction is eliminated.

Freely allow representatives
of Zhilupravleniye No. 8 LLC into the occupied residential premises to take readings from individual metering devices, checking their condition, the fact of their presence or absence, as well as the reliability of the information provided by the consumer about the readings of such metering devices.
If you are not allowed
into the apartment to check the condition of the metering devices, utility bills will be calculated based
on utility consumption standards using increasing factors.

We recommend reading: Amount of payments for Chernobyl in the Tula region

Recalculation of the cost of hot water for the period of absence

A change in the amount of payment for sewerage is carried out only if a recalculation has been made for the supply of hot and cold water and provided that meters are not installed in the apartment.
Utility bills today are quite high, and not all citizens can afford to overpay their bills even for the period during which they were away from home and did not use water, gas, or electricity. The consumer has the right to provide the contractor with both the original and a copy of a document confirming the duration of the period of temporary absence of the consumer. In this case, at the time of accepting the document from the consumer, the contractor is obliged to verify the identity of the copy and the original of the document provided, make a mark on the copy of the document indicating that the authenticity of the copy of the document corresponds to the original, and return the original of such document to the consumer.

If you did not submit water meter readings

Perhaps, make an application, if the meter is working properly, request a recalculation based on Art. 61 Decree of the Government of the Russian Federation of May 6, 2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings”

Hello. Amendments and additions) Decree of the Government of the Russian Federation of May 6, 2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (with amendments and additions) You can also submit for recalculation.

How to get a recalculation for water

The rules for the provision of public services, SanPiN, require that the hot water temperature be at least 65 0 C. Deviations from this standard are possible within 3 0 C (maximum - 5 0 C at night). When hot water is supplied to consumers below the 40-degree mark, a recalculation is made for it. It will be paid like cold. If hot water does not meet the 65-degree standard, then the apartment tenant’s payment will be reduced by 0.1%.

The new regulation established by the legislation of the Russian Federation states that recalculation for water should be made within 6 months. At the end of the six-month period, management company employees or water utility employees personally visit apartments and take down meter data.

Is there a recalculation of the Increasing Coefficient if the Testimony has not been transferred to IPU for a long time?

Consequences of non-admission (for the Consumer) of the Contractor on the agreed date and time to the residential premises occupied by the Consumer to check the condition of metering devices, the reliability of the information provided by Consumers about the readings of individual, common (apartment), room metering devices: The Contractor draws up an act of refusal of access to the device accounting. After 3 billing periods from the date of drawing up such an act, the Contractor has the right to calculate the CG based on the CG consumption standard, taking into account the number of permanent and temporary residents in the residential premises, as well as taking into account the increasing coefficient, starting from the 1st day of the month in which such the act has been drawn up. The value of the increasing coefficient is assumed to be 1.5 (clauses 84, 85 of Rules No. 354).

According to the Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (together with the “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings”) (hereinafter referred to as — Rules No. 354):

26 Jan 2020 etolaw 830

Share this post

Buy a combat veteran certificate
How long does it take to register a child after birth?
Calculation of square meters according to the young family program
What is the Social Norm Per Person for Electricity in Rostov-on-Don

How to recalculate water using meters

within three days the employee registers a complaint;
within 30 days it is considered, facts are checked, requests are made, etc. The period is extended if this is really necessary to study all the circumstances on the merits;
the refusal is sent to the applicant in the case where the complaint is made with violations, or the essence of the appeal is beyond the competence of the State Property Committee;
the response is sent to the applicant with the result of the verification.

According to sanitary standards, the temperature of hot water cannot be lower than 65°C. The “Rules for the Provision of Utilities” contain requirements for temperature fluctuations during the day: no more than 3-5°C. For water with a temperature below 40°C, the consumer pays as if it were cold.

Interesting: Façade Repair Included in Major Overhaul

All the details of an application to the Criminal Code for the recalculation of utility bills

» » The law obliges companies and entrepreneurs to provide citizens with quality services. Failure to comply with this requirement allows consumers to avoid paying. Utility organizations make recalculations for uncompleted work.

They are required to recalculate fees for utilities in the absence of services, poor quality of services, or interruptions in the supply of light, heat, gas, water, or electricity. Services that differ from those provided for by law are considered to be of poor quality. The consumer will have to prove their non-compliance.

To do this, you can call specialists from the utility organization. They must take measurements and draw up a report. The document is created in two copies, one of which is kept by the owner of the property.

In this case, you should clearly know the balance sheet distinction between the consumer and the supplier organization.

Acts of service provision are drawn up at the demarcation point.

For example: such a point is the entrance to the building.

If the temperature at the common building heat metering station corresponds to the standard, but the apartment is cold, claims against the management company.

Lawyer Anisimov Representation and defense in court

You can submit an application for recalculation at your management company or at one serving your area.

Which of them is responsible for charging utility bills for your home is indicated on the utility bill. You can find the contacts of your management company on the Moscow House portal.

In any case, you can submit an application for recalculation of utility fees before departure or after return. If you are applying for recalculation before departure, no earlier than six months before the intended trip, contact your (or management company) and submit an application.

Within 30 days after returning, provide an inspection report and a document confirming your absence, otherwise you will have to pay housing and communal services without taking into account recalculation. If you are applying for recalculation after returning, within 30 days submit an application and provide the survey report and a document confirming your absence to (or the management company).

The recalculation will be done within five working days. Contents November 29, 2020 Statements Most residents pay utility bills on time, on time according to issued receipts.

Conflict situations often arise between utility services and their users, which require recalculation of payments for housing and communal services.

In this case, the user is required to state on paper his claims and a request for recalculation; this paper can take the form of an application. A common reason for recalculation

Blog

Surely, every management organization has encountered a situation where the owners of apartments that are not equipped with individual metering devices apply for a recalculation of fees due to temporary absence. As supporting documents, grandmothers brought certificates from gardening associations, handwritten by the chairman, Uncle Petya; hard workers - train tickets to the North Pole (on shift) with a certificate from LLC Management Company "Antlers of the Deer"; and wealthy smart people - air tickets (to confirm that they lived in Courchevel all winter and summer in Europe). All of them applied for recalculation because IPU is not installed in the apartments, and the prohibitive CR on the SOI is a problem for the management organization. Some politely refused, while others agreed to a recalculation (since sometimes it costs more to get involved with the people who live there).

This was exactly the case until the Decree of the Government of the Russian Federation dated December 26, 2016 No. 1498 amended clause 86 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 (hereinafter referred to as Rules No. 354). In the amended version of clause 86 of Rules 354, a second paragraph appeared, according to which: “If the residential premises are not equipped with an individual or common (apartment) metering device and the lack of technical possibility of installing it is not confirmed in the manner established by these Rules or in the event of a malfunction of the individual or general (apartment) metering device in a residential premises and the consumer’s failure to fulfill the obligation to eliminate its malfunction in accordance with the requirements of paragraph 81(13) of these Rules, recalculation is not made, except for the case of absence of all persons living in the residential premises as a result of force majeure, confirmed by relevant documents strength."

At the same time, the owners still continued to interpret the law in their favor, considering each of their temporary absences as force majeure.

And as often happens in housing and communal services, the final point on this issue was put only by the Supreme Court of the Russian Federation in its decision of August 22, 2020 in case No. AKPI18-603.

Someone Sh appealed to the Supreme Court of the Russian Federation with an administrative claim, in which he asked to invalidate the first paragraph of paragraph 86 of the Rules to the extent that it provides for the possibility of recalculating the amount of payment for a utility service provided to a consumer in the event of his temporary absence (more than 5 full calendar days in a row ) in a residential premises only if this residential premises is not equipped with an individual or common (apartment) metering device due to the lack of technical ability to install it, confirmed in the manner prescribed by the Rules; paragraph two of the specified paragraph; paragraph one of paragraph 91 in the part defining the deadlines for filing an application for recalculation; paragraph two of paragraph 92 in the part that imposes on the owner the obligation to attach an inspection report to the recalculation application to determine the lack of technical feasibility of installing individual, common (apartment) metering devices. According to the administrative plaintiff, the contested provisions of the Rules do not impose on him responsibilities not provided for by federal law, thereby violating his housing rights.

With reference to Articles 153, 155, 157 of the RF Housing Code, the Supreme Court indicated that

From the above provisions of the Housing Code of the Russian Federation in their systemic relationship, it follows that
recalculation is carried out
exclusively
in the event of a consumer’s temporary absence from the residential premises, the payment for which is calculated based on consumption standards in cases where the residential premises are not equipped with metering devices due to the lack of technical ability to install them
.

Recalculation of fees for residential premises equipped with a metering device is not provided for by law

, since in the absence of a consumer in the residential premises he occupies, payment is charged only for the actual actually consumed volume of the utility resource, which is recorded by metering devices.

Consequently, the administrative plaintiff’s arguments about the contradiction of paragraph 86 of the Rules in the contested part with the principles of equality enshrined in Part 1 of Article 1 of the RF Housing Code and the preferential position of consumers living in residential premises equipped with metering devices are based on an incorrect interpretation of the norms of housing legislation.

The condition of confirming the technical impossibility of installing a metering device does not contradict the norms of the Housing Code of the Russian Federation; moreover, it is aimed at stimulating the transition to paying for utilities based on the readings of metering devices in order to effectively and efficiently use resources.

Thus, if the consumer does not install a metering device when it is technically possible to install it, there is no right to recalculate the fee.

This provision of the Rules corresponds to housing legislation, Federal Law No. 261-FZ of November 23, 2009 “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation” and civil legislation. The absence of an agreement between the owners of residential premises regarding the procedure for using the residential premises and installing a metering device cannot be considered as a technical impossibility of installing a metering device.

The administrative plaintiff’s assertion that the provision of the first paragraph of paragraph 91 of the Rules does not allow filing an application for recalculation during a period of temporary absence is based on an incorrect interpretation of this provision of the Rules, which determines only the deadline for filing such an application - no later than 30 days after the end of the consumer’s temporary absence . Before the start of this period and after its end, but no later than 30 days after the expiration of the specified period, the consumer may submit an application for recalculation.

An owner who has not ensured the installation of appliances does not have the right to refer to the absence of such appliances as a basis for exempting him from paying for utilities.

Since recalculation is carried out in the absence of metering devices due to the technical impossibility of installing them, paragraph two of paragraph 92 of the Rules stipulates that the application for recalculation, in addition to documents confirming the temporary absence, must be accompanied by an inspection report to determine the lack of technical possibility of installing a metering device.

This prescription of the Rules does not contradict regulatory legal acts that have greater legal force, and does not violate the rights and legitimate interests of the administrative plaintiff, since it was adopted in accordance with and for the purpose of implementing the norms of housing legislation and Federal Law No. 261-FZ.

Thus, all owners who applied for recalculation can be safely sent ... read the decision of the Supreme Court of the Russian Federation of August 22, 2018 in case No. AKPI18-603.

offers its clients legal services. A whole staff of professional lawyers are ready to solve any of your problems. All information about the service is here.

You can discuss the article and ask questions here.