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Recalculation of housing and communal services

How to avoid paying for electricity, water and gas if you don't use them

Important

From January 1, 2017, recalculation of housing and communal services in apartments without meters can be done only if you provide an inspection report confirming that it is technically impossible to install meters in your housing - clause 92 of the Russian Federation Regulations dated 05/06/2011 N 354.

You can get such a document if you live in dilapidated or dilapidated houses. Study the official criteria that establish when meters cannot be installed, but housing and communal services can be recalculated.

For an inspection report, please contact your Management Organization.

It happens that you are registered in an apartment, but temporarily live in another place.

Some leave for many months: serve in the army, study in another city, winter in Thailand. There are people who never get out of business trips. It happens that in the summer the whole family goes to the dacha. And when they return, they are greeted with utility bills. You did not use gas, water or sewer, but you are asked to pay. Disorder.

Katerina Kachalina

journalist

If you leave your apartment for more than five days, then by law you do not have to pay for downtime. But the management company does not know about your departure. Let her know and your payments will be recalculated. To do this, submit a statement and documents to the management company that will confirm that you were not in the apartment.

The law specifies two options: you can inform about departure in advance or upon return. It’s inconvenient to talk in advance. Nobody wants to announce once again that the apartment is empty. Therefore, it is better to use the second option - come to the management company within 30 days of arrival.

The recalculation will only be done if you are registered in the apartment. If you live in a rented apartment and the owners have not registered you, then management company they won't help you. Register with the MFC, it is not as difficult as it seems.

Find out the management company or HOA

A receipt for payment for services will help you identify your service organization. The company name is indicated in the “Payee Name” column. Sometimes the address and telephone number are also indicated there:

For more detailed information go to the website “Housing and communal services reform”. Click on the “Find your manager” link and enter the name of the service organization into the search bar. This way you will find out the company’s address, website, name of the manager and even the rating, which consists of financial stability, transparency, efficiency and reputation:

Be sure to check the days and hours of reception by phone. Many companies devote only a couple of hours a week to this. Prepare in advance: print and sign the application, make copies of the necessary documents.

We are writing a statement

If you leave regularly, you can print out the template and enter the dates and list of documents by hand. To save the sample to your computer, select File → Download as → in the status bar (under the title). Microsoft Word. Insert your data instead of the template ones, print the application and sign it by hand

Print it out and hang it in your entryway. We wrote useful instructions on how not to overpay for major repairs, get money back for heating and save 32 thousand a year on housing and communal services.

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Preparing documents

Now attach the evidence. One or two documents are enough. Check the table:

Where did you go	What document	How to get
On a business trip	Travel certificate	Before going on a business trip, go to the HR department. Obtain a certificate and sign it from the head of the organization. Then the certificate will need to be submitted to the accounting department, so do not delay the application
On vacation	Hotel invoice and/or passport with entry and exit stamps to another country	Ask for an invoice at the hotel reception. Check if the stamps and signature are correct
To the dacha	Certificate from the administration of a garden village or garden association stating that you lived in the country	Get a certificate from the head of administration. Come twice - on the day of arrival (so that the administration makes sure that you are at the dacha) and on the day of departure
Get treatment	Certificate from a hospital or sanatorium	Ask the head of the hospital or sanatorium for a certificate. Check if the stamps and signature are correct
Study	Certificate from the dean's office (every 6 months)	Order a certificate from the dean's office. Needed every semester new certificate- proof that you have not been expelled and still do not live at your place of registration
To the army	Certificate from the military unit at the place of service	Get a certificate from the commander of the military unit. If there are owners of the apartment besides you, send them a certificate by mail. If you own the apartment alone, do the recalculation yourself upon your return
Rent a house in another city	Certificate of temporary registration / rental agreement	Temporary registration is done by the FMS. The lease agreement must be certified by a seal
Anywhere	1. Travel tickets, including electronic ones (provided that your name is indicated on them). 2. Certificate from the security organization that the apartment was empty and was under continuous surveillance

Where did you go

On a business trip

What document

Travel certificate

How to get

Before going on a business trip, go to the HR department. Obtain a certificate and sign it from the head of the organization. Then the certificate will need to be submitted to the accounting department, so do not delay the application.

Where did you go

What document

Hotel invoice and/or passport with entry and exit stamps to another country

How to get

Ask for an invoice at the hotel reception. Check if the stamps and signature are correct.

Where did you go

What document

Certificate from the administration of a garden village or garden association stating that you lived in the country

How to get

Get a certificate from the head of administration. Come twice - on the day of arrival (so that the administration makes sure that you are at the dacha) and on the day of departure.

Where did you go

Get treatment

What document

Certificate from a hospital or sanatorium

How to get

Ask the head of the hospital or sanatorium for a certificate. Check if the stamps and signature are correct.

Where did you go

Some owners and tenants of residential premises may discover certain inaccuracies in the rent payment. For example, excessive charges. If the amount of “surcharges” is not too high, payers decide to ignore this fact, because they do not want to waste time visiting the management company and conducting proceedings with them. Sometimes, excessive charges are made periodically, and it is better not to ignore them.

If a user of housing and communal services believes that any charges were made incorrectly, he should write a corresponding application for recalculation of rent addressed to the head of the management company. In this case, the applicant can be guided by Section 7 of the Housing Code of Russia.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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In addition to errors by the management company, recalculation may be required for other reasons.

For example:

• at ;
• in connection with ;
• receiving services in an improper manner, etc.

Regardless of the basis for the recalculation, it is possible to solve this problem only after contacting the management company: no one will independently return the payers’ money.

Highlights

Every citizen has certain rights and responsibilities, but not everyone is fully aware of them. For example, many consumers do not know that they could request a recalculation of utility bills. The list below will help correct this situation. It indicates the categories of people who could qualify for a lower rent.

The list looks something like this:

• : by age/disability;
• : WWII, in Afghanistan, Chechnya, etc.;
• those who participated in the liquidation of the Chernobyl accident;
• large families;
• military personnel (active only);
• employees of some services (established at the legislative level), etc.

In addition, persons not included in this list can request a recalculation. But this is only possible due to a decrease in the number of residents in the apartment (due to divorce, death, etc.).

Writing sample

If the owner of the premises has the right, for certain reasons, to ask the management company to recalculate utility bills, he must write a corresponding statement. However, not everyone knows what its content should be. The sample below will help make the work of applicants easier.

So, the first thing is to indicate the recipient of the application. In the example under consideration, this is the head of the management organization. So this is how you need to write: “To the manager... (name of the organization: for example, LLC “Build the Future”)... (the last name, first name and patronymic of the boss are indicated in the dative case: for example, Anatoly Sergeevich Zaitsev).” This inscription is made in the upper right corner of the sheet.

As a result, the header of the application for recalculation of rent in the Russian Federation will take the following form:

To the head

LLC "Stroy Future"

Zaitsev Anatoly Sergeevich

Sergeeva Marina Borisovna,

living at the address:

Moscow, st. Vosstaniya, 56, apt. 158.

After the “header” in the middle of the line the word “statement” is written. And then comes the text of the request for recalculation. For example, you can write it this way: “I ask you to recalculate the charges for rent, namely for services ... (write down the name of the services: gas supply, water supply, sewerage, electricity, garbage removal, heating).” Here you also need to indicate the time period for which you want to recalculate.

Further below the reason why the recalculation should be made is indicated. It should be noted that only truthful information should be provided. After all, it will have to be documented in the process. And at the very end, the date of drawing up the application is indicated and the applicant’s signature is affixed.

Sometimes management companies already have ready-made application forms, this makes the process of writing an application much easier

When is an application for rent recalculation necessary?

As already indicated, it is possible to request a recalculation of rent for many reasons. But the most relevant of them are the temporary absence of residents, the death of one of them, or errors that arose when calculating amounts for heating.

Absence

The possibility of recalculating utility services due to the temporary absence of residents is even provided for in the legislation of the Russian Federation. According to the information specified in it, you can ask for a reduction in the cost of rent for this reason when leaving the apartment for a period of more than 5 days.

It must be said that in this case, recalculation will not be made for some services. For example, the cost of heating and general house needs will remain the same. Other types of housing and communal services are subject to recalculation.

To request a recalculation of utility bills due to the temporary absence of residents in the apartment, you need to contact your management company with a corresponding application. In addition, documentary evidence of what was written will need to be attached to this paper. These could be travel tickets, checks from hotels, certificates from studies, medical institutions, etc.

Moreover, this evidence must be properly prepared, namely, contain the following information:

• signature of the person who issued the certificate;
• organization seal;
• registration number and date of issue.

But you can do without all this hassle of collecting documents. To do this, the owner contacts the management company in advance and notifies it of his upcoming trip. Then an employee of the institution comes to the applicant’s address and limits the provision of certain services to him. This is done by installing special fittings and then sealing them.

Upon arrival, the owner of the property again invites employees of the management company. If everything is fine with the seals, then the recalculation is carried out without documentary intervention.

Death

There are often cases when a person has died a long time ago, and utility payments are still coming to him. To rectify the situation, you need to take the death certificate of this tenant and contact the management company. On site, the payer of services will need to draw up a special application, after which a recalculation will be made.

But you need to keep in mind that the law has such a concept as a “statute of limitations”. According to it, recalculation is possible only for the last 3 years, even if much more time has passed since the death of the tenant.

Heating

The right to a legal demand for recalculation of heating costs is stated in decree number 307 of May 23, 2006. Therefore, if for one reason or another, the owner/tenant of a residential premises decides to return the overpaid funds for heating, he needs to carefully familiarize himself with this particular legislative act.

In content of this document there is information about the procedure for carrying out this procedure and the list of required actions. Some utility companies, taking advantage of the lack of legal literacy among many citizens, refuse to recalculate heating costs. Therefore, when referring to them, you should always refer to established laws. This will indicate the citizen’s awareness in this area.

If, however, you cannot prove that you are right, you can then turn to higher services: control and supervisory authorities, the prosecutor’s office, the court. It is now clear that it is legal to ask for a recalculation for heating. But not everyone knows in what situations this is possible.

Therefore, a list of such cases should be given:

• One/several radiators are faulty. As a result, the consumer receives the service incompletely.
• Registration. If the owner of the apartment took care of receiving this benefit earlier, but accruals are made in the same amount.
• Low quality of services provided.

It is worth noting that any of the listed reasons for recalculating heating must be documented and only in this case will management companies make a new calculation for the service

Legality of claims

And in conclusion, it would be correct to indicate the main points of Chapter 8 of Resolution No. 354.

They are:

• Recalculation due to the temporary absence of residents is possible only when they leave for a period of more than 5 days.
• It is possible to ask for a recalculation for sewerage only if a new calculation is also provided for water supply.
• When applying a tariff with 2 rates, only temporary indicators will be subject to recalculation. The permanent part of the payment will not be changed due to the absence of tenants.
• Recalculation will be made only in proportion to the days of absence. Moreover, the day of departure and arrival will not be taken into account.
• If the owner/tenant of the apartment submits an application for recalculation before the trip, he will receive a new calculation within 5 days.
• If the owner/tenant of a residential premises submits an application for recalculation after his absence, then his application will be considered only within a month.
Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

Housing and communal services is a huge branch in the Russian government structure. And good knowledge of the structure and rules for the provision of housing and communal services will allow citizens to save not only nerves and time, but also money.

Russian legislation (including those related to the provision of housing and communal services) is designed in such a way that it gives enormous advantages to those who are well versed in it. Thus, in order to enjoy your legal rights, you must not only know about their existence, but also know the procedure by which they are granted.

One of the most bright examples is the recalculation for housing public utilities. Of course, most citizens Russian Federation They know that it is possible to reduce their utility bills. However, few people understand under what conditions and how this benefit can be obtained. So we get a situation where Russians are unable to exercise their legal rights.

Asking the housing and communal services department about such things is usually useless. Many government officials pretend they don't understand what they're talking about when you ask them about any social benefits. Nevertheless, you can find out about the benefits themselves and the procedure for their provision if you refer to legislation or other regulations, which regulate relations between residents and housing and communal services.

In this article we have collected all the information on how to correctly recalculate housing and communal services. After reading this article, you can easily carry out this procedure and save a certain amount of money.

The article will present:

• requirements for residents;
• list of required documents;
• application procedure.

How recalculation is provided

Contrary to popular belief, recalculation does not give you the right not to pay the current receipt. If you apply for this benefit, you will still have to pay the amount for the “recalculation” period. However, in the next month, the amount of overpayments for the previous month will be deducted from your bills.

Thus, a recalculation is a deduction of overpaid funds from the next bill. If the deduction turns out to be more than the cost of services for one month, then it applies to subsequent bills.

Who can issue a recalculation for utilities?

To begin with, it is necessary to delimit the circle of persons who have reason to take advantage of this social benefit. According to the law, residents can make a recalculation apartment buildings, and “private traders”. The most important requirement that must be met is the absence of meters in the house or apartment. Of course, it is not necessary that there are no meters in the house at all. You will simply be able to recalculate only those types of services that do not have meters.

Let's assume that you have installed water meters, and pay for gas and electricity at the general tariff. Thus, by submitting an application for recalculation, you will reduce the amount on your electricity and gas bills. The amount for water will remain the same.

Obviously this is quite fair. Registration of recalculation implies that you have not used housing and communal services for a certain time. And the counter, of course, will not increase without your presence.

On what basis is recalculation for housing and communal services carried out?

In general, all the grounds on which residents can recalculate housing and communal services can be divided into three large categories:

• absence of a tenant from an apartment or house for a long time;
• failure to provide housing and communal services;
• inappropriate provision of housing and communal services.

Below we will discuss each of these situations in detail, and also tell you what to do in such a case.

How to apply for a recalculation if you have been absent for a long time

Most common cause applying for recalculation is precisely the absence of a tenant in the apartment or house. The reasons may be different: vacation, hospital treatment, business trip, and so on.

In this case, you have the right to apply for a recalculation of housing and communal services even before you leave home. However, sometimes you may be absent due to unforeseen circumstances (for example, if you have an accident and are hospitalized). In such a situation, it is quite possible to fill out an application after returning to the apartment.

To recalculate, you need to contact your housing and communal services department and provide paper confirming your absence. For example, if you were in a hospital, then show a sick leave certificate according to which you were in a medical institution for a certain time. If you were on vacation, present your transport tickets. In any case, one way or another, you will be required to prove that you were not in the apartment during the specified period.

Owners of residential premises in an apartment building have the right to recalculate utility services in the event of the provision of utility services of inadequate quality or with interruptions exceeding the established ones, or in the event of a temporary absence of a consumer from the residential premises. The management organization servicing the apartment complex cannot refuse to make such a recalculation. Today we will tell you who, how and when to recalculate utilities.

Let us recall that on December 28, 2015, part of Federal Law No. 176 of June 29, 2015 came into force, regulating the responsibility of management companies for the provision of low-quality utility services and incorrect calculation of monthly payments for them. According to the new rules, in the listed cases, the management company is obliged to pay a penalty to the owner (or owners) of residential premises.

The conditions for the provision of utility services by management companies to owners of residential premises are determined in MKD management agreement. At the same time, the management company cannot refuse to include in the contract the conditions for the provision of utility services, or, in fact, to provide these services.

The management company selected at the OSS begins to provide utility services to the owners of residential premises from the date specified in the OSS decision on the selection of the management company, or from the date of concluding the management agreement for the apartment building, but not earlier than the date of delivery of the utility resource under the agreement concluded by the management company with RSO.

The termination of the supply of utilities by the management organization occurs from the moment of termination of the management agreement for the apartment building, or from the moment of termination of the agreement on the acquisition of a utility resource concluded by the management company with RSO.

Recalculation utility fees may be done in connection with:

• use of residential premises by temporary residents;
• provision of utility services of inadequate quality or with interruptions exceeding the possible duration;
• temporary absence of a consumer or consumers (or one of the consumers) of utility services in the occupied residential premises;
• payment by the management company to the consumer of penalties established by the Federal Law and the MKD management agreement.

Recalculation for the period of temporary absence of a utility consumer

The consumer's absence from the residential premises he occupies for more than 5 full periods is considered temporary. calendar days contract.

• During the period of temporary absence of the consumer in a residential premises that is not equipped with an individual or general metering device, recalculation is made for the utility service provided in such premises, with the exception of heating and gas supply utilities supplied for the purpose of heating residential premises (this is provided for in subparagraphs “e” and “ d" clause 4 of the "Rules for the provision of utility services to owners and users of premises in apartment buildings").
• Recalculation of the amount of payment for water disposal utilities is carried out only if the amount of payment for cold or hot water supply is recalculated.
• There is no recalculation for CG on general house needs.
• If we're talking about regarding two-part tariffs, the recalculation of the fee for utility services is carried out only in relation to the variable component of the fee; the constant component of the payment (attributable to the residential premises occupied by the consumer) is not subject to recalculation.

Procedure for registration of recalculation

Recalculation of the fee for utility services is carried out for the number of full calendar days of the consumer’s absence, not including the day of departure from the residential premises and the day of arrival to it.

The consumer is required to submit a written application for recalculation of the amount of payment for CG before the start of the period of his temporary absence or no later than 30 days after the end of this period. The management company must make a recalculation within 5 working days after receiving such a statement.

The management company recalculates the amount of payment for utility services for the period of temporary absence of the consumer specified in the application; this period should not exceed six months.

If, after these 6 months, for which the management company recalculated the amount of payment for the management company, the period of temporary absence of the consumer continues, he is obliged to again provide the management company written application for recalculation for subsequent billing periods in connection with the extension of the period of absence. In this case, the management company recalculates the amount of payment for the management company for the period specified in this application, but no more than 6 months following the period for which the management company has already made a recalculation.

Along with the application for recalculation, the consumer is obliged to provide the management company with documents that can confirm the duration of his absence. If this was not done, or if the documents provided do not confirm the period of absence specified in the application, the management company has the right to charge utility fees in full. Also, the Criminal Code has the right to apply penalties for late or incomplete payment of utility bills (Part 14, Article 155 of the Housing Code of the Russian Federation).

In a situation where an application for recalculation is submitted by the consumer within 30 days after the end of period of temporary absence, The management company makes a recalculation for the period of temporary absence of its client, which, as mentioned earlier, must be documented.

What should be included in the application

A management company employee accepting an application from a consumer to recalculate the amount of payment for a management company must pay attention to the execution of this document. So, it must indicate:

• Full name each temporarily absent consumer
• day of the beginning of the period of temporary absence
• end day of such period

The application must be accompanied by documents confirming the duration of the consumer’s temporary absence. They may be:

• a copy of the travel certificate or a copy of the order to be sent on a business trip with copies of travel tickets attached;
• certificate confirming that you are undergoing treatment in an inpatient medical facility or at a sanatorium-resort treatment;
• originals of travel tickets issued in the name of the consumer, or their certified copies. If an electronic travel ticket was purchased, a printout of it is provided to the Criminal Code;
• invoices for accommodation in a hotel, hostel or other place of temporary stay or their certified copies;
• a document of the body carrying out temporary registration of a citizen at the place of his temporary stay in cases established by law, or its certified copy;
• a certificate from the organization providing private security of the residential premises in which the consumer was temporarily absent, confirming the beginning and end of the period during which the residential premises were under continuous security and the use of which was not carried out;
• certificate of location educational institution, boarding school, special educational and other children's institution with 24-hour stay;
• a certificate from a consular office or diplomatic mission of Russia in the host country or a certified copy of an identity document of a Russian citizen containing marks of crossing the state border of Russia;
• a certificate from a dacha, garden, or vegetable gardening partnership, confirming the period of temporary stay of a citizen at the location of such a partnership;
• other documents confirming the fact and duration of the consumer’s temporary absence from the residential premises.

All these documents, except for travel tickets, are signed by an authorized person of the organization issuing them, they are affixed with the seal of this organization, and assigned a registration number and date of issue. If the documents are drawn up in foreign language, then they must be translated into Russian.

All copies of documents confirming the terms of the period of temporary absence of the consumer must also be certified. If the consumer provides the management company with both an original and a copy of one of the above documents, the management company must carry out a reconciliation, make a mark on the copy indicating its authenticity with the original and return the latter to the consumer.

The management company can make copies of any documents provided to it by the consumer, verify their authenticity and the completeness of the data disclosed in them.

Where and how to place the recalculation results

If the application for recalculation was submitted by the consumer to the management company before the start of the period of his temporary absence, then the results of the recalculation will be reflected in the payment documents that the management company generates during the period of temporary absence of the consumer.

If such an application was submitted after the end of the period of temporary absence - in the next payment document.

Recalculation for provision of CG of inadequate quality

Utility services provided by the management company to the consumer must comply with the requirements specified in Appendix No. 1 (Resolution of the Government of the Russian Federation No. 354).

The amount of payment for the management company, if it was provided by the management company to the consumer in poor quality or with interruptions exceeding the maximum possible duration, for billing period may be reduced, in some cases even to the point of exempting the consumer from payment.

If you have any questions, you can always contact us for advice. We also help management companies comply with 731 RF Regulations on the Information Disclosure Standard (filling out the Housing and Communal Services Reform portal, management company website, information stands) and Federal Law No. 209 (filling out the Housing and Communal Services GIS). We are always happy to help you!