Do I need to pay for garbage removal if no one lives in the apartment? Municipal waste: all about the new rules for garbage removal How to pay for garbage removal.

Garbage removal is a utility service of housing and communal services, which since 2017 is paid based on the number of people living in the apartment. This item is written on a separate line in the invoice for payment from management company. Having analyzed how much waste removal costs per person, we get the following summary:

In the Ivanovo region: 72 RUR/month per person;
In Krasnodar 97.32 RUR/person;
In Irkutsk: 87.5 rub/person;
Garbage removal cost: 2.5 rubles per 1 square meter;
Tariff for a one-room apartment (40 sq.m.): 100 rubles;
For a two-room apartment (60 sq.m.): 150 rub..

For a more detailed consideration of the issue, the tariffs should be analyzed separately:

Cost in cities;
New tariff rules.

According to the old rules (tariffing according to the area of the apartment), the cost of garbage removal looks like this (established tariffs for the region):

In the Ivanovo region: 72 RUR/month per person;
In Krasnodar: 32 rub/month;
In Irkutsk: 5 rub/month.

These data will allow you to understand how much garbage removal costs per person in each individual city, as well as calculate the average bill for your apartment. For example, if you have housing in Irkutsk with 3 citizens registered there, you will need to pay 87.5*3= RUB 262.5.

New tariffs for household waste removal

According to the innovations, each region will be divided into zones, each of which must be served by its own operator. This company will independently draw up routes and schedules for garbage collection. The main points of change will be:

Cost calculation per person. Previously, it was based on the area of the apartment. Accordingly, apartment owners, regardless of the number of people living, had to pay a large amount than owners of studios or one-room apartments;
Payment directly. Now every resident apartment building can independently send payment to the regional operator without paying for the services of the management company. To do this, you can find out your details and personal account number. However, to do this, you need to make a decision at a general meeting of the residents of the house, whether to do this through the management company or independently;
There is no payment for the service if a number of homes or businesses operate under other government contracts. In this case, you will be able to view the list of excluded houses;
Complete transition. By 2019, a complete transition to this system should be made. However, already in 2017 and 2018, many regions are trying out the system and are already concluding agreements with local companies;
Alternative options. With a fully operational system, there are no such tariffs, since all tariffs will be the same for the region. Accordingly, prescribed in a certain locality the citizen will have to pay a fee.

This bill makes it possible to do more efficient work for waste removal and payment for it in a transparent and fair manner (when the price is based on the number of people).

“This year, 20 regions should switch to a new scheme for managing household solid waste (MSW). The first may be the Ivanovo and Arkhangelsk regions, Kamchatka, Krasnodar region, Magnitogorsk in Chelyabinsk region and Crimea, says executive director of the association Clean country” Ruslan Gubaidullin. — The remaining subjects will join as they are ready, but from January 1, 2019, everyone without exception must begin “garbage reform.” The government delayed it for 2 years (the changes were originally planned for January 1, 2017), so all regions should have time to prepare.”

Shall we cleanse the country?

Serious changes await us. Nowadays management companies are engaged in waste removal, and the price is “hidden” in the total payment for housing services, which can be from 10 to 100 rubles. per 1 m2 depending on the house and city. None of us even know exactly how much we pay for garbage today. But, as soon as the removal of solid waste transfers to utilities (electricity, gas, water, heating), the amount will be known, and we will start paying the regional operator.

“The waste business is mostly gray now. The reform should restore order in this area and cleanse the country of garbage. New modern, safe waste processing plants and landfills will appear,” says Ruslan Gubaidullin. — All funds collected for garbage will be accumulated by the regional operator: he will be selected on a competitive basis for 10 years, he will be responsible for the full cycle of solid waste management - from removal to processing. This means that the state will be able to control cash flows, check whether the funds are definitely going towards the construction of a new waste recycling plant or not. The reform will put an end to shadow business. There may be several regoperators in a region. For example, there will be seven zones in the Moscow region, one in the Vladimir region, and three in the Kemerovo region. Each will have its own tariff. Most likely in major cities it will be slightly less than in sparsely populated areas, where garbage will have to be transported over longer distances. It’s like with the water tariff, which in cities is usually 2-3 times lower.”

Price issue

According to the new law, everyone will have to pay for garbage, including those living in the private sector. For the villagers, this, of course, will be an unpleasant surprise, because many of them have never paid for waste - they burned the garbage, dumped it in ravines, etc. How much money will have to be paid for cleanliness will be determined by the waste manager. In the Ivanovo region, which is planning to switch to the new scheme this summer, a tariff of 104.6 rubles has been proposed. per month per person. “The contribution is uniform for the entire region. This means that a family of 5 people will have to pay 523 rubles. per month, and for a family with many children out of ten - 1046 rubles. Where do people in the villages get that kind of money? - speaks co-chairman public organization Ivanovo region Dmitry Safonov. — In February 2017, we analyzed payments for garbage of 600 houses in Ivanovo and regional centers and came to the conclusion that with the introduction of a new tariff they will increase by 2-2.5 times. We don’t want experiments to begin in our not-so-rich region, so we asked to delay the reform or reduce the tariff. The governor said he would think until the end of June. The tariff has not been finally approved.”

In other regions, they are also still thinking about the tariff. It is necessary that the figure suits both the registrar and the population not being too shocked. Amounts from 50 to 150 rubles are discussed. per month per person. However, experts believe that they will not raise the tariff at first, so as not to provoke discontent.

Services for the collection and removal of solids household waste not classified as public services, paid according to the rules of Article 157 of the Housing Code of the Russian Federation, in connection with which the fee for the collection and removal of such waste is included in the fee for the maintenance of common property in apartment building and its size is determined in accordance with the provisions of Article 156 of the Code, that is, it is charged not from one person, but from 1 sq. m of apartment living space. The RF Armed Forces came to this conclusion

According to subparagraph "d" of paragraph 11 of the Rules for the maintenance of common property in an apartment building (hereinafter referred to as the Rules), approved by Government Resolution Russian Federation dated August 13, 2006 N 491, maintenance of common property depending on the composition, design features, degree of physical wear and technical condition common property, and also depending on the geodetic and climatic conditions of the location of an apartment building, includes, in particular, the collection and removal of solid and liquid household waste, including waste generated as a result of the activities of organizations and individual entrepreneurs using non-residential (built-in and attached) premises in an apartment building.

K. contacted Supreme Court of the Russian Federation with an application to recognize subparagraph "d" of paragraph 11 of the Rules as invalid, citing the fact that solid household waste is not the common property of the owners of premises in an apartment building, therefore the service for their collection and removal cannot be considered as the maintenance of the common property of the house, the organization collection and removal of such waste accumulated in containers installed near the house on specially equipped sites is entrusted to local governments; as a result of the erroneous attribution of solid household waste to the maintenance of the common property of an apartment building, the fee for their removal is charged not from one person, but from 1 sq. m of apartment living space as part of funds collected for the maintenance and repair of the common property of the house.

According to the applicant, the contested norm contradicts the provisions of part 1 of article 36 of the Housing Code of the Russian Federation, paragraph 1 of article 16 Federal Law"About general principles organizations of local self-government in the Russian Federation" and violates his rights.

The Supreme Court of the Russian Federation refused to satisfy K.'s application. I provided the following as justification for my decision:

The rules for maintaining common property in an apartment building were approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491 in accordance with Articles 39 and 156 of the Housing Code of the Russian Federation, which gives the Government of the Russian Federation the authority to establish such Rules, as well as regulating the main issues of maintaining common property in an apartment building home and determining the amount of payment for residential premises.

In accordance with Article 154 of the Housing Code of the Russian Federation, the structure of fees for residential premises and utilities includes fees for the maintenance and repair of residential premises, which includes fees for services and work on managing an apartment building, maintenance and routine repairs, and for owners of premises in the house - and major repairs of common property in an apartment building, and payment for utilities.
The structure of fees for utility services is disclosed in Part 4 of this article of the Code, which does not include fees for the collection and removal of solid household waste.

Thus, services for the collection and removal of solid household waste are not classified as utility services paid according to the rules of Article 157 of the Housing Code of the Russian Federation, and therefore the fee for the collection and removal of such waste is included in the fee for the maintenance of common property in an apartment building and its the size is determined in accordance with the provisions of Article 156 of the Code.

The contested norm is also consistent with the provisions of Part 1 of Article 36 of the Housing Code of the Russian Federation, to which the applicant refers. Within the meaning of this norm, common property in an apartment building includes, in particular, sanitary and other equipment located in a given house outside or inside the premises and serving more than one premises, land plot, on which this house is located, with elements of landscaping and landscaping and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot.

Equipment and other facilities used for collecting solid household waste (garbage chutes, containers, storage bins, specially equipped areas, etc.) are intended for the maintenance and operation of the entire apartment building. This is expressly reflected in the Rules and Regulations technical operation housing stock(clauses 1.8, 3.7, 5.9, etc.), approved by Decree of the State Construction Committee of Russia dated September 27, 2003 N 170. The operation of such facilities and equipment, which consists of the collection and removal of solid household waste accumulated in them, repair and maintenance of the facilities themselves, is carried out owners of apartment building premises in the common interests.

Consequently, the collection and removal of solid household waste generated as a result of the activities of residents of an apartment building (cooking, packaging of goods, cleaning and maintenance of equipment and premises, including those intended for servicing the entire house, etc.) are integral part maintenance of the common property of an apartment building, which is enshrined in the contested norm.

The applicant’s reference in support of his claim to paragraph 24 of Article 16 of Federal Law No. 131-FZ of October 6, 2003 “On the general principles of organizing local self-government in the Russian Federation” is unfounded. This norm, which relates to issues of local importance of the urban district, the organization of collection, removal, disposal and processing of household and industrial waste, does not concern the maintenance of the common property of an apartment building, and therefore is not relevant to the case under consideration.

Today the residents apartment buildings Many questions and disputes arise regarding the calculation of tariffs for waste removal. To resolve disagreements and understand the essence of the fee for the service provided, it is enough to read the latest changes in housing legislation.

General information about garbage collection fees

By Russian legislation Organization of household waste removal (MSW) falls into the category of property repair and maintenance services. According to the current rules, the service does not fall under government regulation and is competitive. The amount of payment for waste removal is established and goes to the organization performing the work on the basis of a concluded agreement with the consumer. Payment for waste removal is carried out in the following way:

to a management organization, which may be an HOA or a management company;
to the regional operator, when making such a decision at a meeting of residents;
cash desk of the regional operator.

Admission cash at the cash desk is permissible in the following cases:

the apartment building has a direct management type;
The management company of the apartment building did not enter into an agreement with the regional operator or it was terminated.

Calculation of tariff for waste removal

The procedure for determining the tariff depends on the size of the operator. Assignment to a specific category is made on the basis of the annual calculation of waste of a constituent entity of the Federation:

if more than 30% of the total volume of waste is generated in the operator’s area of operation, then it is considered large;
if less than 30% of the total volume of waste is generated, then it is considered small.

For large operators, the tariff is set based on the results of bidding, and for small operators, the calculation of the tariff for waste removal is determined by the authorized body of the subject.

The total amount for the payslip can be generated in one of the following ways:

taking into account the number of people living in the apartments;
depending on total area premises.

How is the garbage fee measured?

When using the first method, the cost of garbage removal is determined by multiplying the standard, tariff, number of people and dividing the resulting value by 12. When using the second method, the indicator is calculated by multiplying the standard, tariff, total area and dividing the product by 12.

Having received a receipt for payment for garbage removal, you can see the total amount for the service on the payment sheet. Many disputes arise out of ignorance among residents who have apartments of the same size, but with different numbers residents. Despite the difference in the number of people in a similar territory, they receive receipts with the same amounts. The calculation in this case does not depend on the number of residents and is calculated taking into account the total area of the living space.

Currently, the cost of work depends on total number people in the premises only when concluding an agreement with a regional operator. Before January 1, 2019, such agreements must be concluded without fail. In the absence of such an agreement, the calculation is made based on the total area.

How to reduce board size

In accordance with the Housing Code of the Russian Federation, the owner of housing in an apartment building is obliged to pay, even if he did not live in this territory. The fee for solid waste removal may be reduced in the following situations:

the person did not live in the premises for more than 5 days and applied for a recalculation;
waste was removed untimely and this fact was officially confirmed in the Act.

According to current rules, the frequency of cleaning should depend on weather conditions:

in the cold season at temperatures below 5 C 0 - at least 1 time within 3 days;
in the warm season at temperatures above 5 C 0 - at least 1 time per day.

The timing of work in the schedule is regulated and the deviation cannot exceed 24 hours in the warm season and 48 hours in the cold season. The total number of hours of deviations should not exceed 72 hours. For exceeding the permissible hours, the homeowner has the right to demand a reduction in the amount in the receipt by 3.3% for every 24 hours.

The fee can be reduced by organizing separate storage of waste and by concluding an appropriate agreement with the regional operator. In this case, the calculation will be made based on the amount of solid waste in containers, divided proportionally to the total area of each apartment.

If it is impossible to obtain information about the number of residents, the cost is calculated based on the number of owners. In case of complaints and disagreement with the calculated fee or unsatisfactory quality of work, the apartment owner can contact the State Housing Inspectorate.

Responsibility of the consumer and the performer

The regional operator is responsible for solid waste from the moment it is accepted into the garbage truck and delivered to the places where household waste accumulates. The management company, regardless of the type of management, is responsible for the proper maintenance of waste collection sites and garbage chutes. The responsibilities of the management company also include:

control over the correctness of charges for services provided;
taking into account complaints from residents and working to resolve problematic issues;
conclusion and management of contracts.

The consumer must provide information about the actual number of residents and promptly pay fees for the services provided. When storing solid waste, he is obliged to follow the rules for handling waste and throw it only into specially designated containers, bunkers, and sites. Residents are required to notify the service provider if there are problems:

occurrence of malfunctions at collection points;
occurrence of accidents or fire hazards.

Determination of standards for waste accumulation and removal

The standards are calculated in accordance with the procedure in the established resolution on determining accumulation standards. They are determined for several categories of objects, as well as for apartment buildings.

Measurements of the facility are carried out every season for 7 days, regardless of the frequency of waste removal. To determine the standard, the authorized body performs calculations based on actual measurements of the volume of garbage on the territory of the subject.

How is waste collection accounted for now?

Currently, the costs of waste collection and removal are taken into account in the line “maintenance and repair of residential premises.” After a separate line appears in the payment bill, the service will move from housing to utility.
How much will the service cost the end user?

Currently, the fee for garbage removal is not standardized and averages 2.5 rubles per sq. m. meter. The tariff is set by the management company.
From 2017, the tariff size will be determined by the regional operator working with waste. Thanks to this, residents of the same region will pay the same fee. The tariff may differ from the current one, but the head of the Ministry of Natural Resources, Sergei Donskoy, believes that the fee for waste removal should not increase.
Regions will have the right to set maximum tariffs for the management of municipal solid waste.
The Russian Ministry of Construction is not introducing any new tax. It's about about a different payment format for waste collection and disposal, for which we already payDeputy Minister of Construction and Housing and Communal Services Andrei Chibis

Why was it necessary to transfer the service from the management company to regional operators?

The Ministry of Construction and the Ministry of Natural Resources believe that after it starts working new scheme, tariff setting will become more transparent, the waste recycling system will develop, and the number of landfills and illegal dumps will decrease. According to Donskoy, today the number of unauthorized landfills in Russia is more than 20 times higher than the number of legal waste storage facilities.
As part of the reform, regions must also approve territorial waste management schemes that describe the entire logistics of waste movement from the moment of generation to the place of processing or disposal and all routes in the chain.
Our task is to involve waste into economic circulation as much as possible. That is, we must see an effective, comprehensive waste management system that takes into account both the current recycling infrastructure and its developmentMinister natural resources and ecology of the Russian Federation Sergei Donskoy

How will the companies that will take care of waste removal be selected?

A regional operator (one or more) will be selected on a competitive basis for 10 years. The companies that offer the best conditions will win.
Thanks to the long contract period, operators will be able to plan their work and offer minimum tariffs.
How many companies have licenses for waste removal and disposal?

Now total quantity There are almost 11.5 thousand current licenses for the collection, transportation, processing, disposal and disposal of waste.