Government Decree 354 Appendix. Recalculation for utilities according to the law

Relations between public utilities and citizens are regulated by the rules for the provision of public services of the Government of the Russian Federation No. 354, as amended in 2017. Read the article about the basic rights and obligations of consumers and suppliers of housing and communal services, as well as disputes between the parties.

from the article you will learn:

Since 2011, the interaction between consumers of housing and communal services and those who provide them has been described in Government Decree No. 354 - the rules for the provision of communal services. This piece of legislation is regularly updated. The latest revision was released on September 9, 2017.

Rules for the provision of utility services according to RF PP No. 354

Until 2011, the relationship between consumers and public utilities was regulated by RF PP No. 307. With the entry into force of the RF GD No. 354, many rules have changed. Among other things, the following innovations appeared in the resolution:

introduced ODN, often becoming the cause of disputes between citizens and management companies;
it became possible to check the quality of provided public services with the help of expertise;
the period of debt for disconnecting services was reduced from 6 to 3 months;
it became possible to pay for housing and communal services directly to resource workers;
consumers received the right to install metering devices in separate rooms (this is necessary mainly in communal apartments), and so on.

In general, the purpose of the document remained the same, although its volume doubled. Obviously, every year there are more and more nuances that need to be included in the rules for the provision of public services. For this reason, there are changes in the decision. The explanations prepared by specialists working in the housing and communal services sector help to understand them.

What is included in the list of utilities?

Obtaining public services is one of the basic rights of a citizen of the Russian Federation, regardless of his place of residence. Required list HCS is supplied to homes on a permanent basis throughout the year. The only exception is heating. Heat is supplied according to a special regulation issued in each region, depending on weather and climatic conditions.

The rules for the provision of utilities allow the shutdown of all types of resources in case of repairs or accidents. For such situations, the maximum allowable duration is indicated. It is calculated for the reporting period. If during this period the number and duration of utility outages exceed established norms, then tenants can formally file a claim.

We list the types of public services that citizens should be provided with.

1. Power supply. Its submission is mandatory, and any interruption is considered extreme situation and removed in as soon as possible. Electricity is supplied without interruption at any time of the day. Its capacity, according to the rules for the provision of public services, must meet the needs of residents.
2. Cold water supply. Innings cold water carried out on a citywide or local network. If it turns off, then delivery will be arranged. drinking water to the column within walking distance. When supplying water, the following requirements are mandatory:
- compliance with sanitary standards;
- proper pressure;
- uninterrupted supply.
3. Hot water supply. The supply is carried out through the central water supply. In its absence, common house or intra-apartment heating devices are used.
4. Disposal of sewage. When water is brought in, its removal is also arranged in parallel. The sewerage system in the dwelling includes a common pipe (riser) and pipes going to it from each of the points of water intake.
5. Heating. During the cold season is available around the clock. The rules for the provision of utilities determine the minimum air temperature that must be maintained in the home.
6. Gas. Houses are most often connected to the gas supply using the main gas pipeline. If it is not available, then it is permissible to use gas from replaceable cylinders or storage facilities specially equipped for it.

The set of utilities depends on the level of home improvement and can vary significantly. If tenants do not receive any resources, then the amount of monthly payment for housing and communal services will be lower. All these points are prescribed in the contract with the service organization.

Changes in Government Decree 354 for 2017-2018

The rules for the provision of public services to citizens in 2017, defined in the RF GD No. 354, once again received a number of changes. The adjustments relate to the most relevant issues for consumers and public utilities. Here are some important updates:

parking spaces began to be considered non-residential premises and individual real estate objects;
public utilities have the right to install control seals and other devices to track illegal interference in the operation of metering devices;
management companies can be fined for unreasonably high rates. This requires a consumer request.

The rules for the provision of public services 354 with changes can be found directly on our website. In the article you will find a link to the current version of this document.

Payment for utility services

Consumers of housing and communal services are obliged to pay them in full every month. Along with duties, citizens also receive a certain set of rights. Utilities must be of an appropriate quality. If the management company does not properly fulfill its obligations, tenants can terminate the contract with it and choose another organization.

In addition to the resources listed above, the consumption of which is monitored by meters or standards, residents pay for a number of other services. The invoice includes the following expenses:

for the maintenance of a multi-storey building;
for major repairs;
maintenance of elevators (if any);
for the export of solid household waste;
for cleaning entrances, adjacent territory and other common property;
to pay for intercoms.

According to the rules for the provision of public services, all these costs are calculated in the management company and entered into the receipt. In some cases, a sufficiently large number of points are formed in it, with which it is far from always possible to deal with the first time. Moreover, each figure must have a justification. Any article fits in in accordance with the current tariffs and prices.

In the receipt, expenditure items are divided into personal, related to a particular apartment, and general house consumption. Many categories of citizens have benefits for paying utility bills. They are indicated as a justification for applying the reduced tariff.

Rights and obligations of consumers and service providers

The rules for the provision of utilities provide strict regulation of the legal relationship between utility providers and their consumers. Chapters 4 and 5 are devoted to this.

The service organization, in accordance with its set of rights and obligations, must (may):

timely provide residents of CU. It is engaged not only in providing the resources specified in the contract with the consumer, but also serves the territory adjacent to the high-rise building, common and apartment premises;
accept requests for repairs and execute them, timely troubleshoot, maintain the house in good condition;
demand timely payment for services within the established time limits, charge penalties and fines for their violations. At the same time, the receipt must necessarily indicate the period in which the consumer needs to deposit money;
receive compensation from the state for beneficiaries paying utility bills at reduced rates;
monitor how the rules for the operation of engineering networks are observed and technical means;
check the meters installed in the apartments, the state of communications;
have access to all premises.

In accordance with the rules for the provision of public utilities, the management companies themselves conclude contracts with utility providers. Residents should be alerted to emergencies that concern them. Announcements about repairs, deadlines for eliminating accidents and other deviations are posted on boards accessible to all residents.

Consumers have their own rights and obligations. In particular, they must (may):

receive services of proper quality in the required volume;
apply for verification of the calculations made with the correction of detected errors;
receive acts and other legally binding documents, with the help of which the damage from accidents is confirmed for its further compensation;
be sure to report to the emergency services about force majeure situations;
timely and fully pay for the received housing and communal services.

The rules for the provision of public services warn consumers against various unauthorized actions. If found, significant fines can be imposed.

Settlement of disputes between consumers and utility providers

The main disputes in the field of housing and communal services are related to:

delayed payments by consumers;
the commission of unlawful actions by tenants (interference with the work of meters, damage to common house property, and so on);
erroneous calculation of payment for CU;
failure of the service organization to fulfill its obligations.

The Criminal Code, according to the rules for the provision of public services, can deal with non-payers of penalties and the disconnection of supplied resources. Contractual debtors can meet halfway and provide installments to repay the debt. Illegal acts are punishable by fines. They can be imposed and collected, including in court.

Consumers in the presence of a complaint turn, first of all, to the management company itself. Most violations are eliminated in this way. In addition to the Criminal Code itself, disputes can be considered:

the administration of the municipality;
housing inspection;
Rospotrebnadzor;
the prosecutor's office;
court.

Attached files

Rules for the provision of public services to citizens according to the RF PP No. 354.doc

Management of the sphere of housing and communal services is a rather complicated undertaking, especially when it comes to providing normal conditions for the population. Extensive the legislative framework, which is typical for this area, undergoes regular changes, is improved and updated.
Today we will talk about the main document that regulates the relationship between consumers and utilities - the 354th resolution and its main provisions.

The sphere of public services: legislative regulation

The fundamental document that regulates the relationship between utilities and consumers is government decree number 307, which entered into force in 2006. Official name: "Rules for the provision of public services to citizens." This document has been repeatedly amended and supplemented until 2011. At this time, another government decree appears under the number 354, according to which the previous document becomes invalid, except for its individual provisions. Articles 15-28 inclusive remain unchanged. They, in particular, deal with the supply and payment of resources such as water, electricity, etc.

In 2014, this resolution is again subject to significant changes and is already being published in a new edition. It regulates the procedure for the provision of public services to consumers. The amended resolution provides for the abolition of the above provisions from the beginning of July 2016.

Changes that affected the Rules in 2015

First of all, changes in legislation have affected citizens who own housing, where special common house and individual metering devices have not been installed. According to the new Rules, if there is no documentary evidence regarding the impossibility of installing metering devices, payment for consumed resources will be carried out differently. The decision is made on the basis of the document of the commission that took part in the study of these possibilities.

It's about using a multiplier. In the first half of the year, this indicator was equal to 1.1. In the second half of the year, it reached 1.2. It is predicted that in 2017 the indicator will already be 1.6. This indicator will be taken as a starting point for further calculations.
In addition, the changes affected organizations that supply water to the population. From the second half of the year, they are charged with the duty to control the parameters of the resource provided. When performing the task, organizations should take water samples, which will be examined in the laboratory with the results recorded in a special journal. All interested persons, as well as other organizations, have the right to receive extracts from such a document.

On the general provisions of the Rules

The document referred to in this article is quite extensive, since it consists of a large number important sections.
The first of these provides general provisions.

In spite of general character story, everyone should read it, because it reveals the intended purpose of the rules set out - the regulation of relations between utility providers and their consumers.

It details the procedure for calculating / paying for the services provided, taking into account the readings of the instruments and without them, and explains the terms often used in the document, without understanding which it is rather difficult to correctly interpret the essence of the rules. In addition, the procedure for drawing up contracts for the provision of services, their payment and possible changes are stipulated, given detailed description rights and obligations of consumers and service providers.

It affects the document and the responsibility of the parties in case of failure to fulfill the obligations indicated by the contract.

The consumer of services, his rights and obligations

The consumer is responsible for:

careful use of utilities provided in the apartment;
ensuring timely access of public utilities employees to facilities, including metering devices, for verification and taking readings.

A separate paragraph stipulates the obligation of the consumer regarding the immediate notification and admission of specialized services in the event of an accident or any malfunctions related to the state of apartment or common house communications. Timely payment for utilities, notification of an increase / decrease in the number of residents living in the apartment are also included in this list.

Obtaining the provided services of appropriate quality is referred to the basic rights of the consumer.

The latter can always count on getting clarifications from public utilities regarding the quality and payment for services, as well as the use of mandatory metering devices.

As for the quality of the services provided, an entire section is devoted to this aspect in the resolution, drawn up in the form of an appendix at number 1.

Here you can find:

with possible technical parameters hot and cold water;
With acceptable standards coolant temperature in the heating system;
with the established pressure parameters in the system of water and gas supply, heating;
with the quality indicators of the supplied energy resources and the duration of their supply.

Service provider, his rights and obligations

The fourth section of the Rules is devoted to this aspect. We recommend that you read it carefully.

It is clearly marked here:

the service provider must fulfill its obligations in full and in the quality, the norms of which are established by law;
all incoming claims, complaints, demands of consumers must be recorded in a special journal, after which measures are taken to eliminate them. A written report on the results is sent to the applicant according to the stipulated deadlines.

Among other duties, recalculation at the request of the consumer, the conclusion of contracts with energy suppliers, timely notification of the termination of the supply of services, etc. are also prescribed.

The unconditional right of public utilities is the requirement to pay for the services provided, to charge penalties for late payments.

The procedure for calculating and paying for utilities

The billing period for making a payment should not exceed one calendar month. The amount of monthly payments is set according to the tariffs of service providers. This takes into account local conditions, as well as existing surcharges on tariffs developed at the state level. In payment receipts, services provided for housing and for general house needs should be distinguished. For calculations and rules for their implementation, a separate section is allocated.

Here are some examples of their use cases:

according to the readings of metering devices / in case of their absence;
subject to partial equipping of housing with meters.

Appendix No. 2 contains formulas for making calculations. In addition, the terms of payment are stipulated, which fall on the 10th day of the month following the settlement month. When paying by payment receipts of the contractor - before the beginning of the month. Other terms can be established only in cases where it is provided by the contract.

Disputes between providers and consumers of utilities: settlement

Often controversial points in this case arise:

due to incorrect calculation of utility bills;
non-fulfillment of the direct duties of employees of the public utilities sector or their implementation in an incomplete manner. It is about eliminating the causes of problems in the subordinated economy.

In accordance with the Rules, in these cases, the consumer should contact the service provider's office directly, where to write a corresponding application. A report on the measures taken is provided to the applicant in writing.

In the event of inaction of public utilities, the consumer has the right to file a complaint with the consumer rights protection society, the prosecutor's office, and the highest authority.

You can find the full one on our website.

Every citizen is interested in what rule for calculating the cost of utilities is currently in effect. Therefore, the paragraph of Art. 354 can reveal important questions, and provide answers in the way that the law has established.

Decree 354 as last amended 2016,

The regulation from the government of the Russian Federation on public services was created in June 2011. After that, the law needed to be amended, so every year in April, March, July, May, mid-June and in other months, new project with changes. Russian law for this period is valid according to the latest amendments. It is worth examining this right before considering amendments.

Federal law in resolution 354 contains the following sections:

Provision of services to be received by the user and the owner of the premises;
The condition and main order of how the service is served;
Metering devices and calculation of the amount of the fee;
Recalculation and accrual for heating, electricity, water;
Question about the cancellation of the provision of services;
An application where there are calculation rules, as well as a formula and a rate standard;
Changes to be made to the Act.

The current edition from latest changes has some amendments in accordance with the current situation in housing and communal services. As of December 2015, it was necessary to approve the amendments, which will come into force in 2016. The federation also made changes to the government's vision of this document in September, April, at the end of January and other months. Many portals, such as consultant plus, pay attention to the text of this provision, so it is worth considering each part of it in the latest edition. on the different types services.

About utilities

Regulation number 354 regulates the consumption of housing and communal services for owners and users of residential apartments or non-residential premises. The new version of the law Russian Federation contains consumption standards and payment for them. For example, the document explains when the power of billing for a utility package starts. The entry into force begins at the moment of the emergence of ownership rights, from the day the lease for the premises is concluded, from the day of hiring and entering the apartment building. Judicial practice confirms the guarantor of compliance with Decree 354 throughout the Russian Federation, including the Moscow region, Kirov and Perm.

Heating

This section describes the general house needs for the provision of heating to citizens. This paragraph explains in examples how much, according to the rules, the length of heating should be charged in terms of time and temperature in the apartment. According to the approved norms, the temperature and heat are regulated, the amount of payment for heating is calculated.

For electricity

This subparagraph determines the procedure for the supply and distribution of electricity. the voltage standards, the period that is possible due to a temporary lack of energy, the verification of lines and energy saving are indicated. During the year, there is a limit on the time of absence. The edition contains requirements for voltage lines in accordance with GOST.

Common house needs Decree 354 to pay or not to pay?

Many people ask whether or not to pay the bill for common house needs. The Housing Code provides that the cost of water supply and other services for common house needs will be paid evenly on each separate receipt. This payment is important in relation to the provision of utilities, so everyone pays receipts.

Recalculation for heating according to a common house meter according to Resolution 354, calculation formula

The contractor bills for electricity or hot water on the day the receipt for the meter is issued. The recalculation for cold water is carried out according to the formula, where the volume for non-residential premises is subtracted from the unmetered volume of water for the accounting period, the volume for apartments individual account, volume hot water and the amount of water supply costs and multiply by the area of the apartment divided by the area of \u200b\u200ball apartments. Today you can download an application for free that contains order 354, where there is a calculation form, adjustments and comments.

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

What is recalculation

Recalculation is a newly made calculation of the consumer's payment for utilities. If any errors or overlays have occurred, and they are identified, then Management Company or housing and communal services compensate for the overpayment. But most often the recalculation is done, because the owners pay in many cases not according to the actual consumption of any resource, but according to the standard.

What does it mean? If the owner installs metering devices in a house or apartment, this means that now he will pay not according to the standard, but according to the actually consumed water (electricity, gas). But sometimes failures occur, as in the following cases. For example, for heating, payment is always made according to the standard.

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

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

For example, forgetfulness or a family vacation may cause the owner of the apartment to temporarily not transmit data from his meter. In this case already next month after the owner resumes data transmission, he will be recalculated.

Legal acts

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

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

Only the aspect that concerns residential premises without meters is considered here. Everything is clear with the counters, the recalculation will be done automatically when the next data from the metering devices is loaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

Each citizen, owner or tenant of a dwelling, is a consumer according to this document. He and his family consume public resources that provide various organizations or companies. In order to have a basis for a relationship, an agreement is made between the organization and the service consumer.

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

What is included in Resolution No. 354

What is included:

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

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

poor quality of services;
damage to life and health due to poor quality services;
non-receipt by the consumer of reliable information on the quality of services;
terms of the agreement are violated.

In case of violation of these conditions, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether the contract was concluded between the contractor and the consumer, the contractor still compensates for the damage in case of poor-quality services.

Here are some points that are considered in the Resolution:

The fee for common house needs is not subject to recalculation. This refers to the case when the owner was absent and the premises were temporarily empty.
Under the two-tariff regime, changing the payment is possible only in relation to the variable component. With regard to the constant component, the following condition has been introduced: if its recalculation is established by law, then after the temporary absence of a citizen, it is made within 5 working days. Days of absence are considered all except the day of departure and arrival.
The recalculation is made only in case of submitting an application and providing documents that confirm the duration of the absence. The request is made before departure or no more than a month after arrival.

The following documents are accepted as proof of absence:

a copy of the travel certificate with the attachment of travel documents;
document on treatment in a hospital or sanatorium;
travel tickets issued in the name of the consumer, as well as the fact of their use;
bills for staying in a hotel, rented apartment, hostel;
a document issued by the FMS on temporary registration;
other documents that can confirm the fact of the absence of the consumer.

The main advantage of this document is its transparency and simplicity of presentation of all requirements. After its revisions, it became much easier for the performer and the consumer to regulate their relationship.

On the video about the recalculation of the fee

Main hallmarks The regulation and its amendments is a course towards the widespread installation of appliances. Therefore, the owners of apartments with meters have a clear advantage in cases of, for example, temporary absence.

A citizen of the Russian Federation (each individual) is a consumer of state resources: water (for hot and cold), electricity, etc. The basis for access is an agreement concluded with an enterprise, in this case a utility company (it is also a contractor). The provision of the possibility of recalculation for the absence of such is guaranteed, they can approve a temporary restriction of access, etc. - more specifically, the process is regulated by the Housing Code.

According to the established standards 354 of the Decree of the Government of the Russian Federation (governs relations along with LCD), each citizen is given the opportunity and the right to recalculate payments for services (in this case, utilities). The new edition and the latest changes to it provide the most comprehensive answers to the owners and users of premises / houses (multi-apartment) to all questions of interest. Legally, the guarantor is the state itself, regardless of the city / region, for example, for Moscow it is the MOP.

with latest changes 2016

The creation of Decree 354 of the Government of the Russian Federation dates back to 2011 (May-June). As well as other legislative acts, it requires the introduction of current amendments (based on reality in the housing and communal services), which are made on an annual basis without reference to a period (they can be introduced / planned both for January and May).

The new version of the law (last changes) entered into force in early January current year(were introduced at the very end of the past 2015).

Common house needs - to pay or not to pay according to decree 354

According to the latest changes, the general house needs for electricity were also affected by Decree of the Government of the Russian Federation No. 354 (paragraph 44). Now:

The coefficients of drainage standards have been revised (recalculation is in progress);
approved the regulation on the installation of specialized meters;
proposals are being considered to reduce these tariffs (approximately 10-15% reduction);
measures are being taken to stimulate organizations / enterprises (housing and communal services) that provide different kinds services (utilities) relevant for users of houses (multi-apartment), etc.

Changes in housing and communal services

354 Decree of the Government of the Russian Federation regulates consumer standards for resources and their subsequent payment for owners / users of premises (residential). The new edition clarifies when the accrual for the full package or a separate part of it for public services begins. The latest changes explain: the power of calculation begins to operate from the moment you enter any room or apartment building.

Calculation of the amount of payment for utilities - 354 resolution

354 of the Federal Law of the Government of the Russian Federation regulates the procedure for distributing accounts. There are also instructions there: every citizen (user of an apartment building) is obliged to submit meter readings to employees every month (payment must also be made monthly).

Recalculation for heating

If we consider in more detail 354 of the Federal Law of the Government of the Russian Federation (new edition), it becomes clear that it is planned to reduce tariffs for premises / apartment buildings (the amount of the discount depends on the region). In the current version (last changes), the procedure for paying for utility services has been significantly simplified, for example, payments for heat are now made according to a special system (simplified).

Payment for utilities

354 The Decree of the Government of the Russian Federation on communal services (current version, latest amendments) includes a special appendix, which describes in detail recommendations on calculation standards (replaced data adjustment formula (paragraph 44, paragraph 2), rules and regulations). Measures to control use/consumption have been tightened, and as amended by the current special instructions regarding the installation of counting equipment (meters).

Decree 354 with the latest changes 2016 on utilities

You can get acquainted with the current text on the request “354 Decree of the Government of the Russian Federation on the recalculation / calculation of payments for services (utilities) for citizens” on our resource (website) or download it in a convenient online mode and completely free of charge