How to record the fact of provision of utility services of inadequate quality? Act-claim for improper provision or non-provision of housing and communal services.

Utility services provided to citizens must be of proper quality. Supply apartment buildings necessary resources must be uninterrupted. Rolling blackouts of power or water are illegal.

There is a higher body above all management companies - the housing inspection. There are also regional housing agencies, above them there are housing management companies and housing committees. In order to measure the round-the-clock and uninterrupted supply, you need to call representatives of the housing inspection so that they come and measure the quality of your heating and water, how long it takes to go down the pipes in the mornings and evenings, and draw up a report.

Calling a housing inspector is free of charge. But you need to understand that if you open the water faucet during the day, then the hot water will flow very quickly, and there is nothing to see here. You need to have the necessary measurements taken in the morning. If the housing inspection staff cannot come to you at this time, you need to measure everything yourself.

For example, at 7 am, your tap comes out with cold water instead of hot. The order of measurements is as follows. Opened the tap with hot water, and cold water came out. For example, it ran for 15 seconds, then it started to warm up a little, and only after 10-11 minutes it became possible to wash. All this data must be entered into the act and submitted to the housing inspection. The act must be witnessed by three people who are not in family connection, that is, with different surnames. It's best if they are neighbors. Since they may have a similar situation, you can do everything collectively and file several such complaints at once.

All types utilities, and cold water supply, and hot water supply, and water disposal, and electricity, and gas supply must be supplied uninterruptedly and around the clock throughout the year, heating - during the heating season. There are standards for each type of utility service, which stipulate what delays in delivery are allowed, for what reason and for what maximum period. Everything must be within the law.

Water supply. Special attention It is worth paying attention to the quality of water supply, because water is our everything. Humans are 80% water. And as the famous joke goes, if you don’t have a goal in life, then you’re just a vertical puddle. But we are not talking about goals here, but about water, and it must be of proper quality. The properties and composition of water are of enormous importance.

Electricity supply. Voltage and frequency of electricity must comply with federal standards and no deviations are allowed. This is stated in GOSTs 13109-97 and 29322-92. If these GOSTs are not observed, plugs are knocked out, voltage drops are recorded, then the equipment burns out.

What should you do if your equipment burns out? Call the person at the entrance, three neighbors and draw up an act, by hand, in free form. Describe the entire sequence of actions and indicate which equipment and value was burned. Tell us what you did, whether you plugged in something extra or not, whether there was a bang at some point or whether everything went out quietly. Describe the situation in free form and be sure to indicate the time. Call an engineer from the management company or homeowners association so that he can also witness all this.

If it was daytime, then young mothers or retired grandmothers could be at home, from whom it is necessary to take certificates. If the voltage drop is confirmed, your rent will be compensated. If something burns out, for example, a microwave or toaster, then you will not be reimbursed for its cost, but they may offer either repairs at the expense of the management company, or for this amount you will not pay utilities for a certain period of time.

Gas supply. All requirements for it are determined by GOST 5542-87. Deviations of gas properties from legal requirements are not allowed. The pipes must be smooth, in which nothing hums or hisses. If something is wrong, you need to follow the same scheme as with water supply and electricity supply. The complaint can be sent to both the Criminal Code and, in parallel, to the housing inspectorate. Because if you send it only to the Criminal Code, they may release it there. Therefore, it is better to immediately write to higher authorities, and in Rospotrebnadzor, he is obliged to control housing and communal services as well.

Quality control of utilities

You received a receipt for payment, and you ran to pay for it. Why? Because you consume gas, electricity, use the services of janitors, elevators, entrances, stairs, etc. But, firstly, there are many columns in the receipt, and the amount of payment in each column must be double-checked. Secondly, you have the column “routine repairs”, that is, maintenance and repair of housing, cleaning of stairs and local areas. Remember whether all this is done regularly. If so, that's great. If not, remember when you last time Were frames and doors repaired, walls and ceilings painted, basements drained, lighting fixtures and rotten pipes replaced?

Do you remember when you had this? Most likely, they didn’t remember because it was a very long time ago. There are often no ongoing repairs in houses for 5-10 years. And money is collected for it regularly. The receipt arrives and the amount is there. According to the law on the protection of consumer rights, by collecting money for services of inadequate quality, the management company, and with it the district divisions and housing committees, commit criminal offense and fall under Article 159 of the Criminal Code. This is one of the areas where debts of the management company to citizens are formed.

The very fact that there is no repair for a long time is not so bad. It’s not so bad: the lack of repairs can pose a danger to your health, because fungus, mold, and rodents can spread throughout the house, which will corrode the plaster, paint, brick base, and this is an immediate threat to life and health. There's no time for aesthetics here anymore.

Many management companies would be happy to repair everything, but they simply don’t have the money for it, so all these huge expenses are passed on to the residents.

There are such documents - SNIPs, building codes and regulations, and SanPins - sanitary rules and norms. And they describe in detail what the temperature of the water in the batteries should be, the water pressure in the pipes, it indicates what the error standards are and the timing of emergency shutdown. And in the contracts that management companies are obliged to conclude with citizens, these standards must be spelled out. Both the quantity and quality of services provided, and on what basis they are subject to payment. And mutual responsibility for violation of these standards and terms of contracts must be spelled out. Not only does the owner of the apartment owe everything to everyone, like land to a collective farm, but also the management company is responsible to the owners of the property. The temperature in the room should not be lower than 18 degrees, the pressure cold water not lower than 3 atmospheres, etc. These standards must be in front of you.

Take your payment receipts. Forms payment receipt can be very different. But your housing committee must have a document that approves the form of this payment document. Each region may have its own form, as well as the decision of the housing committee. We have Decree of the Government of the Russian Federation No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.” There is Appendix 2, which contains the formulas by which utility bills are calculated. IN paragraph 69 These rules describe the requirements for payment documents.

The payment document shall indicate:

a) postal address of the residential (non-residential) premises, information about the owner (owners) of the premises (indicating the name of the legal entity or surname, first name and patronymic individual), and for residential premises of state and municipal housing funds - information about the tenant of the residential premises (indicating the last name, first name and patronymic of the tenant);

b) the name of the contractor (indicating the name of the legal entity or the last name, first name and patronymic of an individual entrepreneur), his bank account number and bank details, address (location), contact telephone numbers, fax numbers and (if available) addresses email, address of the performer’s website on the Internet;

c) an indication of the paid month, the name of each type of paid utility service, the size of tariffs (prices) for each type of corresponding utility resource, units of measurement of volumes (quantities) of utility resources (when using hot water tariffs in payments for utility services for hot water supply, consisting of a component for cold water used for the purpose of providing a hot water utility service, and a component for thermal energy used to heat water for the purpose of providing public services for hot water supply - the value of each component, units of volume (quantity) hot water and thermal energy in natural quantities);

d) the volume of each type of utility services provided to the consumer for billing period in residential (non-residential) premises, and the amount of payment for each type of utility services provided, determined in accordance with these Rules;

e) the volume of each type of utilities provided during the billing period for general house needs per each consumer, and the amount of payment for each type of such utilities, determined in accordance with these Rules;

f) the total volume of each type of utility services for general house needs, provided in apartment building for the billing period, the readings of the collective (common house) metering device of the corresponding type of communal resource, the total volume of each type of utility services provided in all residential and non-residential premises in an apartment building, the volume of each type of utility resource used by the contractor during the billing period in the production of utility services for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply);

g) information on the amount of recalculation (additional charge or reduction) of fees for utility services, indicating the grounds, including in connection with:

use of residential premises by temporary residents;

provision of utility services of inadequate quality and (or) with interruptions exceeding the established duration;

temporary absence of the consumer in the occupied residential premises, which are not equipped with individual and (or) common (apartment) metering devices;

payment by the contractor to the consumer of penalties (fines, penalties) established federal laws and an agreement containing provisions for the provision of public services;

other grounds established in these Rules;

h) information on the amount of consumer debt to the contractor for previous billing periods;

i) information on the provision of subsidies and benefits for the payment of utility services in the form of discounts (before the transition to the provision of subsidies and compensation or other measures of social support for citizens in cash);

j) information about installment plans and (or) deferment of payment for utility services provided to the consumer in accordance with paragraphs 72 and 75 of these Rules;

k) other information required in accordance with these Rules, regulations regulating the procedure for establishing and applying social norm consumption electrical energy(capacity), and an agreement containing provisions for the provision of utility services, included in payment documents.

The receipt must indicate the full name of the owner. Not the payer, but the owner. The postal address with zip code and the performer, and not just the recipient of the payment, must also be indicated. Tariffs, units of measurement, the amount of resources actually consumed and the amount to be paid must be indicated. Meter readings must be indicated for both the apartment and the house.

But, as a rule, all this does not appear on the receipt. It does not meet established standards.

If you entered into real contracts with service providers, then the receipt should indicate several performers, since each of them provides their own separate service. But this is only possible if you have direct management of an apartment building or a social tenancy agreement, and the apartment belongs to the state, and the state receives resources from all contractors separately.

In general, you only have to pay for what you actually consume: cold water, gas, electricity, heating. But even here you need to be careful. For example, there are no batteries in the corridor, but they can count them throughout the entire area of ​​the apartment. Then you need to call company representatives and recalculate everything, show that you don’t have a battery in the corridor, so count according to total area not quite right.

If your receipt indicates payment for intercoms, radio, antenna and TV, and you do not use them, then decide for yourself whether you need to pay for them.

Requirements for the quality of public services

Water. Water supply must be uninterrupted and round the clock. For cold water, a break of no more than 8 hours per month is allowed (that is, no more than 8 hours for the entire month) and no more than 4 hours in a row. If there is an accident on the highway, then the maximum interruption can be 24 hours. For hot water supply - no more than 8 hours per month and no more than 4 hours in a row, in case of an emergency - 24 hours. To carry out scheduled work once a year, shutdowns are allowed for no more than 14 days. These scheduled works must be notified 10 working days in advance, i.e. two weeks in advance.

Cold and hot water must meet certain standards in their properties and composition. They are set out in SanPiN 2.1.4.1074-01. There can be no deviations from the norms. The pressure in the cold and hot water supply system at the point of analysis (sink tap, sink, bathroom) is 0.03 milliamps. You can check the water pressure in the taps very roughly: take a three-liter jar, turn on the water, and when normal pressure it will be completely filled with water in 8.5 seconds. This, of course, is not accurate, but at least it will allow you to understand whether you need to invite a specialist with a monometer to carry out precise measurements, or not.

The hot water temperature must be at least 60 degrees for open heating systems and at least 50 degrees for closed central heating systems. The heating and water networks have a common heater, but different pipe systems. That is, it is a closed system. In any system, the temperature of hot water should not be higher than 75 degrees; if it is higher, this is already a violation. At night, from 11 pm to 6 am, the temperature can deviate from the norm by no more than 5 degrees, and during the day, from 6 am to 11 pm, the deviation is allowed no more than 3 degrees.

Water disposal (sewage). The permissible break is no more than 8 hours per month, no more than 4 hours in a row, including in case of an accident.

Energy supply. It can be turned off for no more than 2 hours in a row with mutually redundant power sources, and for 24 hours if there is one power source. You can find out what power source you have from the management company. Not a phone call, not a face-to-face conversation, but in writing so you have documented evidence of their response.

Heating. It is possible to shut down for a total period of no more than a day during a month and no more than 16 hours in a row when the air temperature in residential premises is above 16 degrees. No more than 8 hours in a row at an air temperature of 10-12 degrees. No more than 4 hours in a row at an air temperature of 8-10 degrees.

The air temperature in residential premises should be at least 18 degrees, in corner rooms - 20 degrees. In cold regions, when the air temperature drops below -31 degrees, the room temperature should be at least 20 degrees. And if it drops, then no more than 3-4 degrees.

What to do if utilities are of poor quality

Report this to the contractor if there is direct communication with the resource supply company, or to the management company if there is no such communication. Then wait for verification. It should be carried out either by the senior person in charge, or by the manager of the management company, or by a representative of the housing commission; if necessary, ask these people to conduct an examination. If poor quality services provided are confirmed, request recalculation. Today many people demand it and receive it quite easily.

What you need to know about meters

There are communal and apartment meters. Installation of communal meters is the responsibility of the utility service provider, that is, the management company. And apartment meters are the business of apartment residents; everyone installs them for themselves. If resources are directly supplied by resource supply companies, then this is their area of ​​responsibility. Sometimes they are put by the Criminal Code or.

Very important point: After installation, the meter must be sealed. It happens that some comrades in uniform come and offer to change the meter quickly and inexpensively. Before you do this, make sure it is broken or giving incorrect readings. If the counter works and shows correct data, there is no need to change it.

There is no requirement to change the meter every 5 or 10 years. You just need to periodically invite a specialist and check it. Call a specialist from the management company or your trusted plumber. Calling a specialist from the Criminal Code is free for the population.

Another important point. Meters are single-phase and two-phase, single-tariff and double-tariff. Single-tariff - when one tariff is valid around the clock, and two-tariff - when one tariff is valid at night, a reduced one, and during the day another tariff, standard. And there were cases when uniformed specialists changed two-tariff meters to single-tariff ones. On what basis is not clear. Therefore, it is better to call a separate specialist, he will check the meter, reseal it, and he will continue to work at the same tariffs.

Utilities have the right to take meter readings once every six months, consumers - once a month, for example, on the 25th-26th. It is better for all residents of the house to do this at the same time. When all the readings are taken on the same date, the sum of all the numbers will more or less coincide with the indicator of the general house meter.

Why is this important? For example, we took water readings, added them up for all apartments, and it turned out that much more water was consumed in the house. And they began to find out whose water it was and who was using it. It happens that there are shops, restaurants or studios in the house that are not connected to the meters, but they consume water, and in the end it is written off for general house needs, that is, you incur additional expenses.

Or if in some apartments without meters there are unregistered residents who also consume water, and it is not calculated according to the meter, but according to the standard per registered person. Exceeding the standard is not recorded in any way and ultimately falls on general house needs. If you have any additional expenses, you need to look for extreme ones who consume water or other resources quietly. They are easy to identify if you take readings on the same day.

When the mass installation of water meters began, people were at first happy that they began to pay less, because they consumed less water than the standard. But now many have begun to complain, because the buildings have apartments with and without meters. What does this lead to? Let’s say that a total of 100 cubic meters of water per month were consumed in an apartment building, 50 cubic meters of it were consumed according to meters, 30 cubic meters according to tariffs, which are not according to meters, but according to standards, and there were still unidentified 20 cubic meters left, which were included in general house needs and for everyone scattered evenly. Logically, if you have a meter, you should only pay for what it shows. Therefore, paying for general house needs is at your discretion. Their legality is extremely controversial.

There is an opinion that counters are not good. Because it is almost impossible to get rid of them. They are easy to install, but difficult to dismantle. There are many companies that install meters, but only a few companies that dismantle them. According to our information, there is an unspoken agreement with the management company and the housing inspection not to remove the meters. Because if there is no meter, payment for services is made according to the consumption standard established at the local legislative level.

Conventionally, within the framework of this standard, you have the right to spend 100 cubic meters of water per month. At the same time, you can pour it as much as you like, the standards are set with good supply. With it you pay once and are calm. And according to the meter, you have to pay for every drop. Therefore, whether or not to install meters is up to you to decide. There is no requirement in the law that 100% of the population install meters; this is voluntary. If someone is registered alone, but rents out an apartment to a family and does not have a meter, then the water in the apartment will be consumed more than the standard.

The consumption standard is the average volume of water, gas, electricity, and other resources used by one person in one month. The utility consumption standard is established by the local government and is applied when charging for utility services if there is no meter. The standards for the consumption of utilities are approved by regional authorized bodies, except for the standards for the consumption of gas and electricity, which are established at the federal level.

Svetlana Shevchenko, Alexander Belanovsky

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Quality standards for housing and communal services

The provider of housing and communal services is obliged to provide the consumer with utility services in the volumes necessary for him, of appropriate quality, safe for his life, health and not causing harm to his property.
When providing public services, the following must be provided:
1) uninterrupted supply of utility resources of appropriate quality to the residential premises in the volumes required by the consumer;
2) uninterrupted removal of domestic waste from the living space;
3) uninterrupted heating of the living space during the heating period, depending on the outside air temperature.
When providing public services, breaks are allowed to carry out repair and maintenance work, as well as work to connect new consumers. But this is only possible if consumers have been notified in advance (in writing). In addition, the duration of these breaks is established in accordance with the requirements of the legislation of the Russian Federation.
The permissible duration of a break in the supply of cold and hot water: 8 hours (in total) for a month, 4 hours at a time, and in case of an accident on a dead-end main - 24 hours.



If utility services are provided of inadequate quality or with interruptions exceeding the permissible duration, the consumer has the right to demand a reduction in the cost of services for this period. Interruptions due to natural disasters and emergency situations.

Rights of consumers of housing and communal services

The consumer has the right:
receive information from the contractor about the status of payments for utility services (in person or through your representative);
receive from the contractor an act of non-provision or provision of utility services of inadequate quality and the elimination of identified deficiencies within a specified time frame;
receive information from the contractor about the volume and quality of utility services, the conditions for their provision, changes in the amount of fees for utility services and the procedure for their payment;
be fully or partially exempt from paying utility bills during a period of temporary absence from the place of residence permanent residence or for a period of non-provision of utilities;
demand, in the case provided for by the legislation of the Russian Federation, a reduction in the amount of payment for utility services when utility services are provided of inadequate quality and (or) with interruptions exceeding the permissible duration;
demand payment by the contractor of penalties (fines, penalties) for failure to provide utility services or provision of utility services of inadequate quality in the manner and in cases provided for by federal laws and the agreement;
demand from the contractor compensation for losses and damage caused to the life, health or property of the consumer (persons living with him) due to failure to provide or provision of utility services of inadequate quality, as well as moral damage.
Moral damage caused to a consumer as a result of a violation of consumer rights by the performer is subject to compensation by the causer of harm if he is at fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.

When providing poor-quality utility services or unacceptable interruptions, fees should be reduced

Payments for improper provision of utility services can be reduced in two cases - if the quality of the service does not meet established requirements or interruptions in the provision of utility services exceed a certain duration.
Thus, the permissible duration of a break in the supply of cold and hot water is: 8 hours (in total) for a month, 4 hours at a time, and in case of an accident on a dead-end main - 24 hours.
The hot water temperature at the point of analysis must be at least 60 degrees. C for open district heating systems and at least 50 degrees. C - for closed.
Permissible duration of power supply interruption: 2 hours - in the presence of two independent mutually redundant power sources; 24 hours - if there is one source.
The air temperature in residential premises should not fall below 18 degrees. C (in corner rooms - 20 degrees C), and in areas with the temperature of the coldest five-day period (probability 0.92) - minus 31 degrees. C and below - 20 (22) degrees. C.
During interruptions in the provision of utility services exceeding the established duration, as well as when preventive maintenance is carried out once a year, the payment for utility services in the absence of common house, apartment or individual metering devices is reduced by the amount of the cost of unprovided utilities.
The volume of unprovided utility resources is calculated based on the utility service consumption standard, the number of consumers (for water supply, sewerage, electricity and gas supply) or the total area of ​​residential premises (for the heating system), as well as the time of non-provision of the utility service.

How is the fact of non-provision of public services or provision of their inadequate quality established?

In this case, the consumer is obliged to notify the contractor’s emergency dispatch service or another service specified by the contractor (in writing or orally, including by telephone). This message is subject to mandatory registration with the emergency dispatch service. In this case, the consumer is obliged to provide his last name, first name and patronymic, exact address of residence, as well as the type of utility service not provided or the utility service provided is of inadequate quality. The emergency dispatch service employee is obliged to provide the consumer with information about the person who accepted the application (last name, first name and patronymic), the registration number of the application and the time of its receipt.
If an employee of the emergency dispatch service knows the reasons for the failure to provide utility services or the provision of utility services of inadequate quality, he is obliged to immediately notify the consumer about this and make an appropriate note in the application log. This mark is the basis for the contractor to acknowledge the fact of failure to provide utility services or the provision of utility services of inadequate quality.
If the emergency dispatch service employee does not know the reasons, he is obliged to agree with the consumer on the exact time and date of establishing the fact of non-provision of utility services or checking the quality of provision of utility services. Based on the results of the inspection, an act on the non-provision of utility services or the provision of utility services of inadequate quality is drawn up, which is signed by the consumer (or his representative) and the contractor (or his representative).
The act of non-provision of utility services or provision of utility services of inadequate quality indicates violations of quality parameters, the time and date of the beginning of the non-provision of utility services or the provision of utility services of inadequate quality.
An act of failure to provide utility services or provision of utility services of inadequate quality is the basis for recalculating the amount of payment for utility services, as well as for the contractor to pay a penalty for violation of its obligations.

How to submit demands to the contractor for recalculation and reduction of fees

With the acts drawn up in the prescribed manner, you can file a claim with the service provider and demand a recalculation of the cost for the services provided. The claim must be made in two copies. Indicate in it:
- the person to whom the claim is addressed;
- the person filing the claim;
— address data;
- circumstances of the case;
— the requirements.
The claim must be signed and contain the date of its preparation. One copy of the claim is handed over to the provider of housing and communal services against signature on the second copy, which remains with the consumer. If they refuse to accept your claim, you can send it by mail by registered mail with notice. From the moment the claim is received, the period established for satisfying the consumer’s requirements begins to count.

How to exercise your right to reduce fees (or exemption from payment) if the Contractor (Managing Organization) does not recalculate on its own initiative

How to exercise your right to a fee reduction (or waiver of payment) if utility companies violate service quality standards? For example, heating radiators do not provide the required air temperature in the apartment (it is cold in the apartment), barely flows from the hot tap warm water or it needs to be drained long time so that hot water would finally flow; water supplied from a cold pipeline is rusty or cloudy or has a foreign odor, etc. How often do utility workers ignore our calls to dispatch and emergency services, or fix some breakdowns on short time without solving the problem. But during the period when the services did not meet the established standards (were of poor quality), the Managing Organization must recalculate - reduce the amount of the fee.

How should one act so that the Managing Organization does not evade recalculating fees for the period when the utility service did not meet the quality or was not supplied? First of all, you need PROOF that any utility service provided does not meet quality requirements, as well as evidence of the time (period) that this service did not meet quality requirements.

Let's consider this typical situation. You contacted the service organization by phone with an application and a complaint that rusty water. While the repairmen were looking for the cause and sorting out the problem, more than one month passed. After all, the first time the representatives arrived and did nothing at all, they just inspected the risers and explained that the rust would soon melt away and everything would be fine. After your next call, a team arrived and carried out some work in the basement. But the water didn’t get much better after that. This was followed by flushing the pipes, but also to no avail. You have repeatedly had to call the control room, convince and demand, until the root of the problem was found and eliminated by the utilities - sections of pipes were replaced.

And when the ordeal with rusty water finally ended and you contacted the Managing Organization about recalculating the fee for the corresponding period, it ignored your demands or refused, citing the fact that the application was completed within the standard period of 3 days. How can you prove that this repair lasted two months? Entries about telephone requests in the dispatch service log, as a rule, “disappear” by that time.

Our advice to you: submit all requests and claims in writing indicating the date in two copies against signature or a registration mark on your copy. In this case, write an application to the service organization, but more importantly - to the Management organization, because it is in a contractual relationship with you and is responsible for all services.
According to the receipt from a consumer of a statement about a violation of the quality of services, the executing organization is obliged to go to the application to check and establish the fact of poor-quality services in your presence and draw up a report about it, providing you with one copy of the act. In this case, the date and time of the inspection must be agreed upon with you in advance.

The act indicates violations of quality parameters (for example, deviations in water temperature, air in the apartment and other quality indicators from established standards), the time and date of the start of the provision of utility services of inadequate quality or their absence (interruptions). On the basis of such an Act, the amount of payment for utility services should be recalculated.

If the Managing Organization fails to carry out an inspection of your application within the time period established, the consumer has the right to draw up an act independently in the absence of the Managing Organization. In this case, the specified act is signed by at least 2 consumers and the chairman of the council apartment building in which a partnership or cooperative has not been created, by the chairman of the partnership or cooperative, if the management of the apartment building is carried out by the partnership or cooperative.

Now it’s clear why it is necessary to write a statement in writing? Because in this case you will have confirmation of your request to the Contractor about poor-quality services and the date of your request will be recorded. From this date the period of provision of inadequate quality service begins. Housing organizations in this case, they will simply be required to comply with all deadlines and procedures, and issue an act, as well as make a recalculation, because in otherwise You will go to court and recover, in addition to the amount due for recalculation, penalties, fines and moral damages, because you will have written evidence of a violation of the quality of services (a report and a copy of the application). There will also be grounds to file a complaint with the Housing Inspectorate about the actions/inactions of utility organizations, for which this regulatory body has the right to impose fines. Utility workers try to avoid such situations. But it is very easy for them to ignore verbal complaints and claims.

Residents also have the right to reduce fees and recalculate in case of poor-quality services for the repair and maintenance of common property. For example, the radiators in the entrance are cold, the basement is flooded, the elevator is not working, the roof is leaking, etc. The algorithm of actions to protect your rights is similar to the above.

Know that by defending our rights to recalculation (reduction of fees or waiver of payments), we thereby force utility companies to fulfill requests efficiently and on time, as well as to carry out preventive maintenance in a timely manner. Until we begin to defend and reimburse our pennies, no one will force housing and communal services to work in good faith.

Recalculation of fees for hot water supply (in case of poor quality water supply)

In case of exceeding the permissible interruptions in the supply of hot water, as well as in case of deviations in the temperature and properties of the water, consumers, in addition to the right to demand the elimination of these violations, have the right to demand a recalculation. The recalculation is made in accordance with the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation dated May 6, 2011. No. 354.
The rules also establish permissible interruptions and deviations in utility service parameters.
However, here we must remember that the fact of lack of water supply and the fact of a decrease in water temperature, as well as the period of absence and supply of low-temperature water must be recorded by an act of the housing and communal organization. Such an act must be drawn up by the water supply service provider at the request of the residents. We recommend that you always make a written statement. Because if the executor refuses to issue the act, then the basis for recalculation will be the application.
After this, on the basis of the existing act, submit a claim individually for recalculation and elimination of deficiencies.
What are the acceptable breaks?
A break in hot water supply is allowed - eight hours (in total) for a month; four hours at a time; 24 hours – in case of an accident.
What is the normal water temperature?
The hot water temperature should not be lower than plus 50 degrees.
Permissible deviation of hot water temperature at the point of analysis: at night (from 23.00 to 6.00 hours) by no more than 5°C; in the daytime (from 6.00 to 23.00 hours) no more than 3°C
What is the reduction order?

For each hour exceeding (in total for the billing period) the permissible period of water supply interruption, the monthly fee is reduced by 0.15 percent of the fee determined based on meter readings or based on utility consumption standards.
for every 3°C decrease in temperature above permissible deviations, the fee is reduced by 0.1 percent for each hour of excess (in total for the billing period) of the permissible duration of the violation; When the hot water temperature drops below 40°C, payment for consumed water is made at the rate for cold water.

The procedure for recalculating the cost of utility services during the period of temporary absence of the consumer from the occupied residential premises and the specifics of filing an application for recalculation

The procedure and grounds for recalculating fees for certain types of utility services for the period of temporary absence of consumers in occupied residential premises is determined by the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation dated May 6, 2011. No. 354.
According to specified document recalculation of the fee is carried out in the absence of the consumer in the residential premises for more than 5 full calendar days in a row in the absence of individual or general metering devices, with the exception of payments for heating and gas supply for heating purposes. Recalculation of the amount of payment for sewerage is carried out in the case of recalculation of the amount of payment for cold water supply and (or) hot water supply. Payment for general house needs is not subject to recalculation.
The amount of payment for utility services is recalculated in proportion to the number of days during the period of temporary absence of the consumer.
Recalculation of the fee must be made within 5 working days based on a written application from the consumer submitted before the start of the period of temporary absence of the consumer or no later than 30 days after the end of the period of temporary absence of the consumer.
The application for recalculation shall indicate the last name, first name and patronymic of each temporarily absent consumer, the day of the beginning and end of the period of his temporary absence from the residential premises.
The application for recalculation must be accompanied by documents confirming the duration of the period of temporary absence of the consumer.
When submitting an application for recalculation before the start of the period of temporary absence, the consumer has the right to indicate in the application that supporting documents will be provided after the consumer returns. In this case, the consumer, within 30 days after returning, is obliged to provide the contractor with documents confirming the duration of the period of temporary absence.
Documents confirming the duration of the consumer’s temporary absence from the place of permanent residence may include:
a copy of the travel certificate or a copy of the decision (order, instruction) on sending on a business trip or a certificate of business trip with copies of travel tickets attached;
certificate of being treated in a hospital facility or at a sanatorium-resort treatment;
travel tickets issued in the name of the consumer (if they indicate the name of the consumer), or their certified copies. In case of issuing travel documents in electronic form the contractor is presented with a printout of them on paper, as well as a document issued by the carrier confirming the fact of using the travel document (plane boarding pass, other documents);
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 or a certified copy thereof;
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 of absence.
a certificate confirming the period of temporary stay of a citizen at his location educational institution, orphanage, boarding school, special educational and other children's institution with 24-hour stay;
a certificate from a consular office or diplomatic mission of the Russian Federation in the host country, confirming the temporary stay of a citizen outside the Russian Federation, or a certified copy of an identification document of a citizen of the Russian Federation containing marks on crossing the state border of the Russian Federation when leaving the Russian Federation and entering Russian Federation;
a certificate from a dacha, gardening, vegetable gardening partnership, confirming the period of temporary stay of a citizen at the location of the dacha, gardening, vegetable gardening partnership;
other documents that, in the consumer’s opinion, confirm the fact and duration of the consumer’s temporary absence from the residential premises.
These documents, with the exception of travel tickets, must be signed by an authorized person of the organization that issued them (individual entrepreneur), certified by the seal of such organization, have a registration number and date of issue.
The provided copies of documents must be certified by the persons who issued them or notarized.
Also, the consumer has the right to provide the contractor with both the original and a copy of a document confirming the duration of the consumer’s temporary absence. 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.

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    • Legal regulation

    If utility services are provided of inadequate quality, the fee is subject to reduction. The volume of unprovided utility resources is calculated based on the consumption standard, the number of consumers (for water supply, sanitation) or the total area of ​​residential premises (for heating), as well as the time of non-provision of utility services.

    Utilities must comply with the characteristics for permissible outage duration, pressure, temperature (hot water, heating), determined by the Russian Government Decree “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” dated 05/06/2011. No. 354.

    Hot water

    Most often, with regard to the quality of hot water supply, questions arise regarding the discrepancy between the temperature of the hot water and the established requirements. Thus, according to clause 5 of Appendix 1 to the Rules for the Provision of Public Utilities (with reference to SanPiN 2.1.4.2496-09<2>) the temperature in places of water intake, regardless of the heat supply system used, must be no lower than 60 °C and no higher than 75 °C. In this case, deviation at night is allowed by no more than 5 °C, in the daytime - by no more than 3 °C. Such deviations are established solely for the purpose of changing the amount of payment for utility services for hot water supply when this service is provided of inadequate quality, but they do not indicate a change in the sanitary and epidemiological standard for the quality of hot water. Even if tariffs for RSO were set taking into account the hot water temperature of 55 °C, RSO is still obliged to comply with legal requirements, according to which the hot water temperature must be at least 60 °C (Resolution of the Federal Antimonopoly Service of the Central District of April 16, 2014 in case No. A68- 2655/2013).

    For every 3 °C deviation from permissible deviations in hot water temperature, the amount of payment for utility services for the billing period in which the specified deviation occurred is reduced by 0.1% of the fee determined for such billing period, for each hour of deviation from permissible deviations in total during the billing period. For each hour of supply of hot water, the temperature of which at the point of collection is below 40 °C, in total during the billing period, payment for consumed water is made at the tariff for cold water.

    Thermal energy

    The supply of thermal energy for heating causes no less controversy. The quality requirements for heating utility services are listed in clause 15 of Appendix 1 to the Rules for the provision of utility services. In general, the air temperature in residential premises should not be lower than +18 °C (in corner rooms - not lower than +20 °C). During the daytime, deviations are not allowed. For each hour of deviation in air temperature in a residential area in total during the billing period, the fee is reduced by 0.15% of the fee determined for such billing period, for each degree of temperature deviation. For the purpose of recalculating utility bills for consumers, the results of measuring the air temperature in a residential area are sufficient.

    Cold water supply

    Uninterrupted 24/7 water supply throughout the year. Allowable duration of interruption in cold water supply: 8 hours (total) for 1 month; 4 hours at a time, in case of an accident on a dead-end highway - 24 hours. For each hour of exceeding (in total for the billing period) the permissible duration of a water supply interruption, the monthly fee is reduced by 0.15% of the fee determined based on meter readings or based on utility consumption standards

    Constant compliance of the composition and properties of water sanitary standards and rules. Deviation of the composition and properties of water from sanitary standards is prohibited. If the composition and properties of water do not comply with sanitary standards and regulations, no fee is paid for each day of provision of a utility service of inadequate quality (regardless of meter readings)

    Pressure in the cold water supply system at the point of disassembly: in apartment buildings and residential buildings from 0.03 MPa (0.3 kgf/sq. cm) to 0.6 MPa (6 kgf/sq. cm); for water taps - not less than 0.1 MPa (1 kgf/sq. cm). Pressure deviation is not allowed. For each hour (total for the billing period) of the water supply period: at a pressure that differs from the set one by up to 25%, the monthly fee is reduced by 0.1%; pressure that differs from the established one by more than 25%, the fee is not paid for each day of provision of a utility service of inadequate quality (regardless of the meter readings).

    Water disposal

    Uninterrupted 24/7 water supply throughout the year. Permissible duration of water supply interruption: no more than 8 hours (in total) within one month; 4 hours at a time (including in case of an accident). For each hour exceeding (in total for the billing period) the permissible duration of a water supply interruption, the fee is reduced by 0.15% of the fee determined based on meter readings or based on utility consumption standards

    Fixation algorithm

    To record the fact of a violation in the provision of utility services, the consumer must draw up an appropriate report with the involvement of witnesses and report it to the emergency dispatch service. Information can be transmitted both in writing and orally (including by telephone). The ADS must register the received message. In this case, the consumer is obliged to provide his last name, first name and patronymic, residential address, and clarify which utility service we're talking about. The ADS employee is obliged to inform the consumer about the person who accepted the application, the registration number of the application and the time of its acceptance.

    If an employee of the emergency dispatch service knows the reasons for the provision of utility services of inadequate quality, he is obliged to immediately inform the consumer about this and make an appropriate note in the application log. This mark is the basis for the contractor to admit that the provision of utility services is of inadequate quality (clause 66 of the Rules for the provision of utility services to citizens).

    If the emergency dispatch service employee does not know the reasons for the provision of utility services of inadequate quality, he is obliged to agree with the consumer on the exact time and date of establishing the fact of checking the quality of the provision of utility services. Based on the results of the inspection, an act on the provision of utility services of inadequate quality is drawn up, which is signed by the consumer (or his representative) and the contractor (or his representative) (clause 67 of the Rules for the provision of utility services to citizens).

    If during the inspection a dispute arose between the consumer and the contractor, other interested participants in the inspection regarding the fact of a violation of the quality of the utility service and (or) the amount of deviation from the established parameters of the quality of the utility service, then the consumer and the contractor, other interested participants in the inspection have the right to initiate an examination of the quality of the utility service .

    The costs of conducting an examination initiated by the consumer are borne by the contractor. If, as a result of the examination initiated by the consumer, it is established that there is no violation of the quality of the utility service, then the consumer is obliged to reimburse the contractor for the costs of its implementation. The costs of conducting an examination initiated by another participant in the inspection are borne by such participant.

    If the consumer and the contractor have not come to a common decision regarding the quality of provision of utility services and have not contacted an expert organization, then they determine a new time and date for assessing the quality of provision of utility services, to which a representative of the state housing inspection and a representative are invited public association consumers. Based on the results of a re-assessment of the quality of provision of utility services, an act of non-provision of utility services or provision of utility services of inadequate quality is drawn up, which is signed by the consumer (or his representative) and the contractor (or his representative). Along with the indicated persons, the act can be signed by a representative of the state housing inspection and a representative of a public association of consumers.

    The act of non-provision of utility services or provision of utility services of inadequate quality indicates violations of quality parameters, the time and date of the beginning of the non-provision of utility services or the provision of utility services of inadequate quality.

    It is especially worth paying attention to the fact that the responsibility to ensure the readiness for the provision of utilities of in-house engineering systems, as well as mechanical, electrical, sanitary and other equipment located in a residential building and in residential premises, rests with the owners of the premises, as well as with those involved by them performers and other persons in accordance with the contract.

    As for the procedure for confirming the right to reduce the amount of payment for a utility resource, the contractor should remember the need to call representatives of the RSO to participate in an inspection based on consumer complaints (have documentary evidence of such notification), record the results of the inspection in an act in strict accordance with the Rules for the provision of utility services, store readings from the control unit, recording the parameters of the utility resource at the entrance to the house.

    If the consumer’s demands are refused, he has the right to contact the regulatory authorities:

    to the Office of the State Housing Inspectorate on issues of ensuring the rights of citizens in the provision of housing and utility services that meet the requirements of federal quality standards, the use and safety of the housing stock and common property of the owners of premises in an apartment building, regardless of their ownership, compliance with the regulatory level or regime for providing the population with utilities services,

    to the department (inspectorate) of CMTU Rostechregulirovanie on issues of ensuring the requirements established by state standards and technical regulations when providing public services to citizens,

    to the Office of Rospotrebnadzor on issues of ensuring compliance with the legislation of the Russian Federation on the protection of consumer rights, regulating the relationship between a citizen using services for personal needs, and legal entity or an individual entrepreneur providing these services; legislation on sanitary and epidemiological welfare of the population.

    If the consumer's demands are refused, he has the right to file a claim in court.

    An additional demand for compensation for moral damage may be presented in court on the basis of Art. 15 of the Law of the Russian Federation “On the Protection of Consumer Rights”.

    Claims for the protection of consumer rights may be brought, at the choice of the plaintiff, to the court at the place:

    location of the organization, and if the defendant is individual entrepreneur, - his residence;

    residence or stay of the plaintiff;

    conclusion or execution of a contract.

    In the article we figured out that if citizens are provided public utilitiesimproperquality or the interruption in their provision exceeds the established duration, the management company or resource supplying organization is obliged to recalculate the fees for these services.

    And what is " Topublic services are of poor quality"?How to prove them" poor quality"? The answer to this can be found in Section IX "Cases and grounds for changing the amount of payment for utility services when providing utility services of inadequate quality and (or) with interruptions exceeding the established duration, as well as during interruptions in the provision of utility services for repairs and preventive work within the established duration of breaks" and X "The procedure for establishing the fact of provision of utility services of inadequate quality and (or) with interruptions exceeding the established duration."

    To determine the quality of a public service, it is necessary to determine or measure the service quality parameters and compare their values ​​with the standard values ​​given in Appendix No. 1 to the Rules.

    Utility service quality parameters are:

    the duration of the interruption in the provision of the service,

    pressure, composition properties and water temperature,

    voltage and frequency of electric current,

    gas properties and pressure,

    indoor air temperature and pressure in the intra-house heating system.

    We can quite accurately measure and estimate some of the parameters ourselves, for example, the duration of a break or temperature. We can only evaluate other parameters, such as the composition and properties of water, gas, pressure, subjectively (for example, the water flows dirty or flows very weakly, etc.). In this case, the inadequate quality of the utility service must be determined by a commission management company or resource supply organization.

    How to call this commission?

    If the consumer believes that he is provided with utility services of inadequate quality, or not provided at all, he must notify the management company and the resource supplying organization. Moreover, he can do this both in writing and orally, including by telephone. At the same time, he indicates the type of utility service of inadequate quality, the exact address of the premises in which a violation of the quality of the service was discovered, his last name, first name and patronymic.

    An employee of the emergency dispatch service, or a representative of the management company, HOA, is obliged to register your message in the log (write down the date and time of the violation, as well as your data), provide you with his data (full name), time of registration and registration number of your message. If he knows the reason for the violation, he will tell you that too. After this, the service provider will arrange for the message to be verified. However, he does not come at any time, but is obliged to agree with you on the date and time of the inspection.

    After checking the performer is obliged:

    draw up an inspection report;

    report within 24 hours the reasons for the violation and its expected duration;

    inform the date and time of resumption of the provision of utility services;

    draw up a report on the elimination of identified deficiencies.

    If the performer’s commission believes that there are no quality violations, and you do not agree with this, any of you can initiate a examination. To do this, if necessary, the contractor takes samples of samples of the communal resource. In this case, the inspection report indicates who initiated the examination, by whom, under what conditions and in what container the sample was taken, where, in what time frame and by whom the sample should be transferred for examination, the procedure for notifying all participants about the results of the examination. All expenses for the examination are borne by the contractor. If during the examination it turns out that there was no violation, you will be obliged to reimburse the contractor for the costs of the examination.

    If the violation is confirmed, you have the right to demand a reduction in payment and recalculation. Information about a decrease in payment for utility services, indicating the reasons, is reflected in the receipt.

    If you have entered into an agreement for the supply of utility resources directly with a resource supplying organization that, according to the agreement, does not provide maintenance of in-house engineering systems, then such an organization recalculates the payment for utility services only if a violation of the quality of the utility service or interruptions in its provision arose due to its fault, that is, to the interface between elements of in-house engineering systems and centralized networks of engineering and technical support.

    If, however, if a violation of the quality of the utility service and (or) interruptions in its provision occur in intra-house networks, then the resource supplying organization does not recalculate the payment for the utility service. In this case, you have the right to demand compensation for losses caused to you, including those caused by payment for unprovided utility services or utility services of inadequate quality from the management company or HOA that maintains the common property of the house.

    This way we are not required to pay for utility services are of poor quality. What's happened poor quality and we looked at how to deal with it in this article.

    I personally had to deal with such problems. At one time the temperature in the apartment did not rise above 16ºС. I called the management company, a technician came, measured the temperature, and drew up a report. The next month, the amount on the receipt was several tens of rubles less than usual. I had to do this every month until it got warmer. Unfortunately, this did not solve the heat problem, and we spent the winter in the cold. But at least we spent less money.

    Have you ever encountered such problems? If yes, please share.

    Maybe your experience will be useful to someone.



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