In accordance with Decree of the Government of the Russian Federation of May 13, 2013 No. 406 "On state regulation of tariffs in the field of water supply and sanitation" with a centralized hot water supply system in closed system a two-component tariff for hot water is set, consisting of “ cold water component "(rub. / m 3) and" component for thermal energy » (RUB/Gcal). The resource supplying organization supplying hot water makes settlements with the utility service provider ( Management Company, HOA) for 2 resources: cold water - at the tariff for the "cold water component"; thermal energy - at the tariff for the "heat energy component". The value of the component for cold water is calculated by the tariff regulator based on the tariff for cold water. Value component for heat energy is determined by the tariff regulator in accordance with guidelines based on the following components: tariff for thermal energy; expenses for the maintenance of centralized hot water supply systems in the area from central heating points (inclusive) where cooking is carried out hot water, up to the point on the boundary of the operational responsibility of the subscriber and the regulated organization, if such costs are not included in the heat tariff; the cost of heat energy losses in pipelines in the section from the facilities where hot water is prepared, including from central heating points, including the maintenance of central heating points, to a point on the border of the operational responsibility of the subscriber and the regulated organization, if such losses are not taken into account when setting tariffs for thermal energy; costs associated with the transportation of hot water. Utility service providers in accordance with the "Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings", approved by the Decree of the Government of the Russian Federation of May 6, 2011 No. 354 (hereinafter referred to as the Rules), calculate the amount of payment for the utility service for hot water supply for the volume of hot water consumed in cubic meters. In accordance with the Rules, the amount of payment (P i) for the utility service for hot water supply, in a room equipped with an individual device study that hot water is determined by the formula: P i \u003d V i n * T to p (1), where: V i n is the volume (quantity) consumed during the billing period in i-th residential or non-residential premises of a communal resource, determined according to the readings of an individual meter; T to p - the tariff for the utility resource. Since the tariff for the utility resource "hot water" is set in the form of two components, the utility service provider with hot water consumers calculates for the components: cold water and thermal energy for the needs of hot water supply. The amount of thermal energy (Gcal / m 3) for the needs of hot water supply per 1 m 3, as a rule, the contractor of public services is determined on the basis of common house (collective) readings of hot water meters and thermal energy in hot water. It should be noted that the utility service provider makes settlements with the resource supplying organization based on the readings of the same house-wide (collective) meters for hot water and thermal energy in hot water. The amount of thermal energy consumed in hot water in the i-room (Gcal) is determined by multiplying the amount hot water according to an individual meter (m 3) by the specific consumption of thermal energy in hot water (Gcal / m 3). The volume of hot water determined by an individual meter (m 3) is multiplied by the tariff "component for cold water" (rub ./m 3) - this is the payment for cold water as part of hot water. water. In accordance with the information letter of the FTS of Russia dated November 18, 2014 No. СЗ-12713/5 “On the regulation of tariffs for hot water in a closed hot water supply system for 2015”, it is said that the authorities executive power subjects of the Russian Federation in the field of state regulation of prices (tariffs) entitled to decide on the establishment of tariffs for hot water in a closed hot water supply system per 1 cu. m. At the same time, the calculation of the tariff for hot water (T hot water) per 1 m 3 is carried out according to the formula: T hot water \u003d T cold water * (1 + K pv) + US central heating + T t / e * Q t / e (2), where : T hvs - tariff for cold energy (rubles / cubic meters); T t / e - tariff for thermal energy (rubles / Gcal); K pv - coefficient taking into account water losses in closed heat supply systems from central heating points to the point connections; US tst - specific costs for the maintenance of hot water supply systems from central heating points to the boundaries of the balance sheet ownership of consumers (excluding losses) if such costs are not included in the tariffs for thermal energy (capacity), per 1 cubic meter. m; Q t / e - the amount of heat required to cook one cubic meter hot water (Gcal / m3). At the same time, the amount of heat for the preparation of one cubic meter of hot water (Q t / e) is determined by calculation, taking into account the heat capacity, pressure, temperature, water density, heat loss in risers and heated towel rails .Thus, the accrual in the receipt for hot water depends on the form in which the regulatory body sets the tariff for hot water: for two components (cold water and thermal energy) or per cubic meter. In the question charges for 2 components (cold water and heat energy) are given, but the municipality and tariffs for the components are not indicated. If we assume that the consumption of hot water was 10 m 3, then the tariff for the “cold water component” is 331 rubles. / 10 m 3 \u003d 33.10 rubles / m 3. If we assume that the tariff for the “thermal energy” component is 1800 rubles / Gcal, the amount of consumed thermal energy is: 1100 rubles. / 1800 rubles / Gcal \u003d 0.611 Gcal, respectively, for heating 1 m 3 of hot water, the consumption of thermal energy was 0.611 Gcal / 10 m 3 \u003d 0.0611 Gcal / m 3. Chief Economist of Yurenergo Group of Companies Isaeva T.V.

Muscovites began to receive new receipts for housing and communal services. After the increase in tariffs and the appearance of contributions for capital repairs, payments increased by at least 1 thousand rubles. Gazeta.Ru tells you what you need to know in order to try to save money.

“Often, active citizens who check accounts manage to reduce the amounts billed even by half. Overbilling occurs due to the fact that it includes services that are not provided, and the volume of services rendered is exceeded,” says Mikhail Anshakov, chairman of the Consumer Rights Protection Society.

How to detect deception

“The more detailed the invoice is, the easier it is to understand how reasonably the payments are calculated.

If there are few lines, the purpose of payments is not disclosed in detail - this is the first reason for suspicion. Usually the management company deliberately does not disclose the purpose of payments.

For example, if one line says “for general house needs” without explaining what exactly is included here, the amount may be overstated, include unrendered services,” warns Valery Novikov, head of the legal support department at NP ZhKKH Control.

It is worth paying attention to the final amount: if it differs from the one that was a month earlier, it is better to carefully check the entire account.

“There are planned increases, they need to be monitored. If there are no such increases, and the payment has become more expensive, it should be carefully recalculated,” the expert says.

At the same time, after the increase in tariffs (recall, they were raised on July 1), the account should be checked especially carefully. Management companies and utility providers can overcharge the bill, hiding behind a planned increase.

“It happens, for example, that they overestimate the standards, prescribe the same amount twice - as a result, the payment doubles,” says Sergey Vasilyev, chairman of the Moskontrol movement.

What do we pay for

The payment usually consists of a number of mysterious abbreviations, and each district may introduce its own abbreviations. There are a few common ones:

HVS DPU- cold water supply (cold water) according to house meters. If KPU is indicated, then you pay for water according to the apartment meter.

DHW DPU- hot water supply (hot water) according to house meters.

cold water for domestic hot water- cold water supply for hot water supply. That is, the cold water that is used for heating, in another line they give the price for the heating itself. Adding them up, get the final price of hot water.

Water outlet- water disposal (sewerage), used cold and hot water.

Heating main sq.- heating of the main area.

Sod. and rem. zhp(or sod. and rem. lived.) - maintenance and repair of living space. These are the services of a company managing an apartment building for the maintenance and current repair of common property in an apartment building. That is, if you have this line, it is assumed that order is maintained in your entrance and everything works. This line may include various services (intra-house service engineering equipment, cleaning, maintenance, garbage collection, concierge services, etc.), if they are not listed in the payment, you can contact the Criminal Code for clarification.

At the same time, the amount and services that are included in the receipt must be approved by the decision of the tenants themselves at the meeting.

There are also services that in reality citizens do not use: for example, payment for an antenna and radio points. They can be waived on an individual basis by contacting the Criminal Code with a request to exclude these items from the general account.

Counter or standard

Amounts for individual consumption ( utilities, which are used in the apartment) and for general house needs (ONE; for example, the cost of heating and lighting the entrance) in the payment should be separated into different columns.

There are cases when the amount of payment for the use of utilities per person per person exceeded the amount individual consumption in apartments.

This can happen when payments for ODN are accrued not according to meters, but according to standards (with a multiplying factor due to the lack of a meter). To cut costs, the owners must vote at the meeting for the installation of meters. Install their resource supplying organizations.

Earlier, Gazeta.Ru wrote that resource-supplying organizations often sabotage the installation of meters, since the standards bring them much more income.

If such a problem is found, you need to contact the Housing Inspectorate.

Pay attention to square meters and the number of residents

You should check whether the area of ​​​​the apartment is indicated correctly in the payment. Based on square meter heating and overhaul payments are charged. Regional authorities allocate subsidies that compensate for part of the payments, but they operate only within the social norm (in Moscow it is 33 square meters for one person, 42 square meters for two), explains Valery Novikov. You will have to pay for housing surpluses.

Also, do not rush to register new tenants. The more people, the more expensive, for example, water will be (if meters are not installed). If one of those registered in the apartment does not live in it for a long time, then a recalculation can be achieved. It is only necessary to prove the absence - for example, to bring a certificate from the management company from the real place of residence. The same applies to summer residence in the country and long business trips: if the relevant documents are available, the Criminal Code is obliged to recalculate.

New line - overhaul

Calculating how much you have to pay for a new service is easy. In Moscow, the monthly fee is 15 rubles. per sq. m. The new line appeared in the capital in July and has already caused a wave of discontent.

Earlier, Gazeta.Ru wrote that Muscovites want to conclude an agreement with the Overhaul Fund on their own terms and demand that a number of significant points be taken into account in the agreement. However, so far the practice is not in favor of the residents.

It must also be remembered that if more than 10% of a family's income goes to pay for housing and communal services in Moscow, you can get state support in the form of subsidies.

In this case, you must apply to the district department of housing subsidies, presenting a certificate of income and a certificate of ownership. At the same time, there should not be excess living space: the established norms are 33 square meters. m per person, 42 sq. m for two.

What to do if the bill is too high

If it turns out that the bill is too high, you need to file a complaint with the management company. If she does not answer, you can file a complaint with the Housing Inspectorate (you can also write there immediately, without waiting for a response from the Criminal Code). You can also contact the regional commission on tariffs.

“The housing inspectorate can be asked to conduct an inspection, on the basis of which a recalculation will be made. If it turns out that the payments were overstated, then the citizens will receive the difference, which will be charged towards the payment of future payments,” Novikov explained.

In general, so far the practice of resolving such disputes is developing in favor of consumers, experts say.

The main thing is to get what you want, it’s easier for the majority to give up if it turns out that they have to pay a hundred rubles more, and such impunity only encourages abuse,” Anshakov warns.

When receiving receipts for utility bills for January of this year, many fell into a stupor when they saw the amount due. And then they asked themselves: “Where do such exorbitant amounts come from?”

Before explaining what these amounts consist of, let's say right away: everyone can use the utility bill calculator for Russian citizens on the website www.fstrf.ru and check whether the amounts on the receipt agree with the amounts issued by this calculator. If you have any questions about the calculations, you can ask them directly on the website of the Tariff Service of the Irkutsk Region.

True, there is an explanation on the site: “The discrepancy between the total amount for utilities accrued by the utility services provider according to your payment document and the total amount based on the results of calculating the “Utility Payments Calculator” may be due, among other things, to taking into account the amount of consumed communal resource for general house needs ". In other words, due to the fact that the functionality of the "Utility Payments Calculator" does not contain information about the readings of the common house (collective) water meter installed in your house, the discrepancy in the total amount may be due, among other things, to accounting when forming a payment for the service water supply volumes of water consumed for general house needs.

But it also says: “If the amount of the utility fee according to your payment document and the result of the calculation of the Utility Payments Calculator do not match, you need to contact the utility service provider (management company, homeowners association, resource supply organization) for clarification on the procedure calculation of your utility bills”.

In the article “The light bulbs in the porches, it turns out, are golden ...” (“Voice of Bratsk” No. 1 (19) January 2014) about electricity costs, we already talked about how to calculate how much one light bulb costs in the stairwell and how much are the costs for elevator in the standard entrance.

In this article, we will talk about what makes up utility bills.

First you need to understand what it is in general - utility bills. And this is water supply (providing you and me with cold and hot water) and water disposal (sewage), provision of houses and apartments with electricity and gas, heating.

According to Art. 154 of the Housing Code of the Russian Federation, the structure of payment for housing and utilities is clearly defined. It includes: services and works for the management of an apartment building, use of residential premises (rent), maintenance and repair, and those same utilities. In addition, the resident pays for garbage collection.

At the same time, payment for residential premises in accordance with the norms of housing legislation is determined at a general meeting of owners of residential premises and is fixed in an agreement within the framework of civil law. Thus, the level of payment for housing is determined with the direct participation and control of citizens - owners of residential premises in the absence of restrictions on the part of executive authorities.

The payment for utilities includes directly payment for heat supply, cold water supply, hot water supply, sewerage, electricity supply, gas supply. Lighting of common areas, export sewerage does not apply to utility bills, but refers to the concept of “maintenance of common property apartment building” and is included in the payment for housing.

Recently, the system of charging for hot water supply has changed. Previously, the receipts for hot water were affixed in two lines - “Hot water” and “Hot water. ODN". Now the hot water service is divided into two components - heat carrier and heat energy. Accordingly, each citizen sees four lines in his receipt that relate to the hot water service:
DHW t / n - hot water supply (coolant);
DHW heat – hot water supply (thermal energy);
DHW (ODN) t / n - hot water supply (coolant) used for general house needs;
DHW (ODN) t / e - hot water supply (thermal energy) used for general house needs.
The heat carrier (in the receipt - DHW t / n) is heated cold water. Thermal energy (on the receipt ¬ DHW heat) is, in fact, the energy that is used to heat water.
The volume of the coolant is measured in the same way as the volume cold water, in m3 (cubic meters). The volume of thermal energy is measured in the same way as heat, in Gcal (gigacalories).

In utility bills, the amount of water consumption displayed is different from the indicators of individual (apartment) metering devices. Where do the "extra" cubic meters of water come from? Water tariffs and common household needs are not a whim of management companies, but a consequence of the adoption of the 354th law, according to which responsible brothers will pay for their negligent neighbors.

The procedure for calculating the amount of payment for cold and hot water supply, sanitation, taking into account the readings of individual metering devices installed in the apartment, and the common house (collective) meter installed in the house, is determined by the Rules for the provision of public services. When calculating the payment for cold and hot water supply, the formulas given in Appendix No. 2 to the Rules are applied, taking into account the volume (consumption, consumption) of water recorded by a common house meter, distributed among the owners in the manner established by paragraph 21 of the Rules, and if available in all premises of an apartment building of individual or common (apartment) metering devices - in proportion to their testimony. In the absence of these metering devices, the calculation of the amount of the fee is carried out in the manner prescribed by paragraph 19 of the Rules.

Many doubt whether the area of ​​basements and attics is included in the residential area of ​​MKD? Included: in accordance with the provisions of Part 5 of Art. 15 of the Housing Code of the Russian Federation, the total area of ​​​​a dwelling consists of the sum of the area of ​​\u200b\u200ball parts of such a premises, including the area of ​​\u200b\u200bauxiliary use premises intended to meet citizens' domestic and other needs related to their living in a residential premises. At the same time, it should be noted that the inclusion of a loggia or balcony in the total area of ​​​​an apartment is illegal in accordance with Part 5 of Article No. 15 of the Housing Code of the Russian Federation.

Also, many still do not understand why they pay for heating in the summer. Everything is simple. The fact is that during the whole year we pay only heating season: the cost of heating is divided into 12 equal monthly payments - first of all, in order to reduce each individual payment for the service, which makes it possible for us to pay for heating as if "in installments". In addition, this payment scheme allows you to plan heating costs. After all, even during the heating season, the amount of thermal energy used to heat our homes varies depending on weather conditions: as it gets colder, more and more thermal energy is required to heat each house, and less and less as it gets warmer. This explains the difference between accounts for different months.

If we paid for the service only during the heating season and strictly in accordance with the amount of heat energy that we “received” in each individual month, our one-time payments, firstly, would increase significantly, and secondly, each time we would pay different amounts. This mode of payment, for obvious reasons, is not convenient for everyone.

On what do the bills issued to us for heating depend?

The determining factor is the availability of heat metering devices. If the house is equipped with such a device, then the procedure for paying for heating will be as follows. First of all, the volume of thermal energy consumed in residential and non-residential premises of an apartment building for the previous year is determined. If the metering device worked for only a few months, then the amount of electricity consumed by the house during the period when the meter was not working is calculated based on the conditions specified in the contract with the thermal workers.

Further, the resulting volume of consumption is divided by the area of ​​​​residential and non-residential premises of an apartment building. As a result, we have the volume of consumption per 1 m² total area premises. Then the amount of payment for heating for 1 m² of total area is calculated: according to the formula Vt × Tt = average monthly volume of heat energy consumption for heating for the previous year (Gcal / sq. m) × heat energy tariff established in accordance with the legislation Russian Federation(rub/Gcal). Recalculation must be made annually using the specified formula.

Many people are still wondering: “How is it more profitable to pay: according to the meter or according to the standard?”. Definitely: on the counter! As practice shows, for most residents of our country it is significantly more profitable to pay for utilities by the meter, and not by the standards. This is due, for example, to the fact that many of us use much less water and heat energy than the standard “suggests” (because the standard includes a certain average volume of consumption of certain services).

But even if you pay according to the standard, then it is not difficult to check the compliance of the standard in the payment with the actual one: the formula for calculating the standards is described in " Rules for Establishing and Determining Standards for the Consumption of Utilities"(approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 306).

In addition, many people have a question: do they have to pay utility bills in full if they were on vacation, in the country or on a business trip? First of all, a reservation should be made here: you always pay for all the services for which you have meters installed only to the extent that you actually used them. Accordingly, if you were away, this will automatically be reflected in the meter readings and you will not have to overpay.

If you do not have meters, in case of absence, you can insist on recalculating payments for the following services: electricity, hot and cold water, sewerage (sewerage), gas.

The calculation is made as follows: from total days in the corresponding month, the calendar days of your absence are deducted, except for the day of departure and the day of return.

If the apartment during the heating period low temperature, cold water flows instead of hot, then the fee for poor-quality utilities can be reduced. The rules for the provision of public services establish the procedure for monitoring the quality of the provision of public services, as well as the procedure for changing the amount of payment for public services in the provision of public services of inadequate quality and (or) with interruptions exceeding the established duration. In case of non-provision of utilities or provision of utilities of inadequate quality, the consumer must notify the contractor's emergency dispatch service or another service specified by the contractor.

Now to the question of who installed common house meters in your house and do you have to pay for their installation? A resource-supplying organization installed common house metering devices in the houses of the brothers. For almost a year, various television and print media have been talking about the fact that until July 1, 2013, all MKDs should be equipped with common house metering devices. And homeowners needed to hold a meeting at which to decide: which meters and with the help of which company you will install in your house. Of course, our laziness, lack of assembly and hope for a chance played a cruel joke with us: no one wants to go to these meetings, and sees nothing beyond their apartment, and shifts responsibility for common house property to the management company, forgetting that each of us is not only the owner of the apartment, but all the tenants together - the owners of the same common house property, and not at all the management company. Accordingly, by July 1, 2013, not only at home, not all apartments were equipped with metering devices. In this case, according to the law, common house metering devices in houses were installed by the resource supplying organization at its own expense. And now it is quite legal to collect a debt from you for the cost of meters and their installation. And you have to pay for this expense item.

Now let's talk about subsidies: who is entitled to them and how to get them?

In accordance with the Housing Code of the Russian Federation, subsidies for paying for housing and utilities are provided to citizens if their expenses for paying for housing and utilities exceed the regional standard for the maximum allowable share of citizens' own expenses for paying for housing and utilities in the total family income .

According to Law No. 5 OZ "On the size of regional standards for payment for housing and utilities in the Irkutsk Region", the following can count on subsidies:

- pensioners, disabled people who pay more than 7-22% of their total monthly income for an apartment every month (at the same time, you can also receive additional federal benefits);

- working citizens, if their rent is more than 16-22% of total income;

- large families, if the rent is more than 15% also of the total income.

You can apply for such a subsidy in social security or, if you are not working, through the labor exchange.

Subsidies are provided to these citizens, taking into account their family members permanently residing with them. Citizens and members of their families are provided with one subsidy for the dwelling in which they are permanently registered. The subsidy is provided for a period of 6 months.

In general, every homeowner must understand that his property is not limited to the boundaries of the apartment - he is a co-owner of the entire house. The management company does not care how much and for what you will pay resource supplying enterprises, it is just an intermediary. But you, as the owner, have the right to check where the extra cubic meters of water go or where heat leaks occur. After all, you, and not the management company, are the owner of the basement, attic space and all the property of the house.

It will seem to someone that this article is intended to somehow justify the actions of public utilities. No. In fact, this article is intended to help the population protect their legal rights. Moreover, in Bratsk there are already examples when caring and active residents of the house prove their case by significantly reducing the amount in payments.

One of them is Olga Ivanovna Selina, Chairman of the Council at No. 22 Karl Marx Street. She not only finds out where such numbers come from in payments, she not only counts everything herself, she also solves many other issues of the residents of her house. For example, in cooperation with the deputy of her district, Anatoly Loychits, she managed to expand the intra-block passage and equip a large pocket for parking residents' cars.

In addition, she and her supporters from among the residents of the house managed to achieve through the court the abolition of direct management and return the management company. Now they are figuring out where the common house losses for hot and cold water come from, and they are challenging the need to pay for them imposed on them.

We turned to her, as an active fighter for justice in the housing and communal services sector, with a vital question for everyone:

- Olga Ivanovna, now there are a lot of complaints about the new accrual rules, including those for general house needs. And we, unfortunately, have to admit that for the most part all discontent comes from our laziness and our illiteracy. How right are we?

- Absolutely. This comes from the times of developed socialism, when people got used to the fact that someone does everything for them, and someone owes something. A lot of laws are coming out now, and there are good laws. But everyone must fulfill them: first of all, the authorities, which far from fulfill everything, and we, as owners, and not only of houses, but as living in cities and on this Earth, should already understand that everything should depend on our position and what will happen. And today our society is, to put it mildly, immature. And today all hope is in the youth. And as for the common house needs, I think that where the common house meters were installed, the owners should have been invited and installed. Now the whole city has been transferred to direct control - this is how the local authorities wanted it, but people are not ready for this. By law, this should happen when the owners are ready to manage their home and have the desire to do so. But we have no desire, and today the owners have not implemented this rule of law. Because with direct management, all documentation must be transferred to them, they must understand what they must do. And today no one knows who is responsible for these houses. Even the owners themselves often do not know what management they are in. And therefore, management companies are not even managers, but only companies providing services, but contracts are written like managers, and they take money from us for management. But even when transferring to such management in each house, according to the housing code, there is an authorized person, who chose him is unknown, but it should be, and formally there is, even if none of the tenants chose him. And when installing common house metering devices, they had to inform that they would establish that this is how much it costs, that this is where it will be, that this is how readings will be taken, on such and such dates, these are the first readings, this is the calculation of how you will be charged ... And today people pay for those who do not pay, and it is still unknown for whom.

Thus, Olga Selina, a person who actually defends her rights, confirms that under today's housing legislation, it turns out that the salvation of drowning people is the work of the drowning people themselves.

But soon, namely, in June, all tenants will again be puzzled by the new column in the receipts: for overhaul, and someone will say that they have not heard anything about it, but we wrote about it (“Who is now responsible for the overhaul of houses?”, The Voice of Bratsk newspaper, February, No. 2 (20), 2014). And again, people will think: where is their money going? And they go into our laziness and unwillingness to understand the numbers and answer for something. For some reason we always forget the wonderful life rule: the road will be mastered by the walking one!

In order to answer the question "What is thermal energy?" you need to figure out how hot water differs from cold, what affects the temperature of the water? She's different different amount the heat it contains. This warmth, or in other words thermal energy, cannot be seen or touched, it can only be felt. Any water with a temperature greater than 0°C contains some amount of heat. The higher the temperature of water (steam or condensate), the more heat it contains. Heat is measured in Calories, in Joules, in MWh (Megawatts per hour), not in degrees °C. Since tariffs are approved in rubles per Gigacalorie, we will take Gcal as a unit of measurement. Thus, hot water consists of the water itself and the thermal energy or heat (Gcal) contained in it. Water seems to be saturated with gigacalories. The more Gcal in the water, the hotter it is. In heating systems, the coolant (hot water) enters the heating system at one temperature and exits at another. That is, he came with one amount of warmth, and left with another. Some part of the heat is transferred from the coolant to environment through radiators. For this part, which did not return to the system, and which is measured in Gcal, someone has to pay. With hot water supply, we consume all the water and, accordingly, all 100% Gcal in it, we do not return anything back to the system.

What is a heat carrier?

All hot water that runs through pipes into the heating system or into the hot water supply system, as well as steam and condensate (the same hot water), this is the coolant. The word coolant consists of two words - heat and carries. When calculating, heat supply companies break down the coolant into Gcal and network water. The tariff for network water takes into account only the water itself, and does not take into account the Gcal in it. The tariff for hot water takes into account both water and Gcal in it. The coolant, depending on the purpose (for heating or for hot water supply), has different requirements for temperature and sanitary standards. The coolant for hot water supply has a minimum allowable temperature that the heat supply organization must provide, as well as increased quality requirements. For the purposes of hot water supply is taken drinking water, heats up and is released into the network. The temperature of the heat carrier for heating purposes depends on the outdoor temperature (i.e. the weather). The colder it is outside, the more it heats up. Conclusions: 1. When paying for heat, it will be necessary to pay both for Gcal and for network water. When paying for hot water also, if a separate tariff for hot water is not set. 2. Heat carrier - carries heat, hot water, it is also network water + Gcal in it. 3. Network water - water without Gcal. 4. In life, coolant and network water can mean the same thing. For those who wish to understand this issue in more detail, we suggest that you familiarize yourself with the Rules for accounting for thermal energy and coolant.

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Is it legal to pay for water heating on a receipt in 2018

When paying utility bills, many people are surprised to see the phrase “water heating” on the receipt. In fact, this innovation was adopted back in 2013. According to Government Decree No. 406, in the presence of a centralized water supply system, payment must be made at a two-component tariff.

Thus, the tariff was divided into two components: the use of cold water and heat energy. Now the calculation is made separately for two resources: water for hot water supply and thermal energy. That is why a column appeared in the receipts, which means the amount of thermal energy spent on heating cold water. However, many believe that heating fees are charged illegally, and they write complaints to housing and communal services. To verify the legitimacy of this type of accrual, you should learn more about this service.

The reason for this innovation was additional use energy. Risers and heated towel rails connected to the hot water supply system consume thermal energy, but this expense was not previously taken into account in the calculation of utility bills. Since payment for heat supply can only be charged during the heating period, heating the air through the use of a heated towel rail was not paid as a utility service. The government found a way out of this situation by dividing the tariff into two components.

Equipment

If the water heater fails, the hot water bill will not increase. In this case, authorized employees of the managing organization are obliged to repair the equipment as a matter of urgency. But since the repair requires payment, this amount must still be paid by the tenants. While the heating bill will remain the same, there will be an increase in the repair and maintenance charges. This is because water heaters are part of the property of homeowners.

As for non-standard situations, when, for example, some apartments in high-rise building has access to hot water, and the second - only to cold, questions regarding payment for heating are resolved on an individual basis. As practice shows, tenants are often required to pay for common property that they do not use.

See also: Can the light be turned off for non-payment of utilities

Component "thermal energy"

If everything is quite simple with the calculation of payment for cold water (it is carried out on the basis of an established tariff), then not everyone understands what is included in the cost of such a service as heating.

The amount for paying for such a service as water heating is calculated taking into account the following components:

• established tariff for thermal energy;
• expenses necessary for the maintenance of a centralized hot water supply system (from central heating points where water is heated);
• cost of thermal energy loss in pipelines;
• expenses necessary for the implementation of the transportation of hot water.

The calculation of payment for utility services for hot water supply is made taking into account the volume of water used, which is measured in m3.

As a rule, the amount of required thermal energy is determined on the basis of the general house values, which are shown by hot water meters and consumed thermal energy. The amount of energy used in each room is calculated by multiplying the volume of water used (determined by the meter) by the specific heat energy consumption. The amount of energy is multiplied by the tariff. The resulting value is the amount needed to pay for what is written on the receipt as “water heating”.

How to calculate on your own in 2017-2018

Water heating is one of the most expensive utilities. This is due to the fact that during heating it is necessary to use special equipment powered by the mains. To make sure the receipt shows the correct amount due, you can do the calculations yourself and compare the amount received with the amount shown on the receipt. To do this, you need to find out the amount of payment for thermal energy, established by the regional tariff commission. Further calculations depend on the presence or absence of metering devices:

1. If you have a meter installed in your apartment, then you can calculate the consumption of thermal energy, focusing on its indicator.
2. If there is no meter, calculations should be made based on the established regulatory indicators (set by an energy-saving organization).

If there is a common heat energy consumption meter in a residential building and individual meters installed in apartments, the calculation of the amount for heating is calculated based on the readings general appliance accounting and further proportional distribution for each apartment. If such a device is not available, the amount required to pay for heating is calculated based on the standard energy consumption for heating 1 m3 of water in the reporting month and the readings individual counter water.

Where to file a complaint

If the legitimacy of the appearance of an additional line “water heating” in the receipts is in question, in order not to overpay for heating, it is recommended that you first contact the Criminal Code with a request to explain what this item means. The appearance of a new line in the receipt is legal only on the basis of the decision of the owner of the MKD premises. In the absence of such a decision, a complaint should be written to the GZhI. After filing a claim with the Criminal Code, you must provide a response with explanations within thirty days. In case of refusal to justify why such a service is prescribed in the receipt, a complaint should be filed with the prosecutor's office with a lawsuit in court. AT this case if you have already paid the amount indicated in the receipt, the basis of the claim will be Article 395 of the Civil Code of the Russian Federation. If a refund is not required, but you still have to pay for services that you are not getting, file a claim to exclude the "heating water" line. In this case, it is worth referring to Article 16 of the Law "On Protection of Consumer Rights".

See also: Do ​​I need to check water meters in Moscow

If there is a need to appeal against the actions of the housing and communal services on issues related to the violation of the rights of consumers of utilities, you should contact Rospotrebnadzor. If you have any questions about the tariffs set for housing and communal services, you need to contact the Federal Tariff Service.

zhkhinfo.ru

Gcal, heat carrier, hot and network water

Let the management company "Our House" explain what we pay for, and how the concepts listed above differ from each other. It is difficult for us, ordinary residents, to maneuver in technical terms.

Question from nashdomkch.ru

Sergei Kirilyuk, head of the energy department of Nash Dom, answers:

Invoices for payment for heat and hot water submitted by heat supply companies may contain the following tariffs: - per Gcal, (rub/Gcal); - for network water (rub/t) or for heat carrier (rub/m3);

For hot water or hot water supply (rub/m3)

Not all consumers understand why they have a large amount in their bills for heat energy (rubles / Gcal), for hot water (rubles / cubic meters), and then a relatively small amount for network water (rubles / t). What is this additional fee? I will not give a dictionary definition of thermal energy, I will try to explain “on the fingers”.

Think about the difference between hot water and cold water, what affects the temperature of the water? It differs in the amount of heat contained in it. This warmth (or in other words, thermal energy) cannot be seen or touched, it can only be felt. Any water with a temperature greater than 0°C contains some amount of heat. The higher the temperature of water (steam or condensate), the more heat it contains.

Heat is measured in calories, in joules, in MWh (megawatts per hour), not in degrees °C. Since tariffs are approved in rubles per gigacalorie, we will take Gcal as a unit of measurement. Thus, hot water consists of the water itself and the thermal energy or heat (Gcal) contained in it. Water seems to be saturated with gigacalories. The more Gcal in the water, the hotter it is.

In heating systems, the coolant (hot water) comes in at one temperature and leaves at another. Some of the heat water gives off to the environment through heating radiators. For this part, which did not return to the system, and which is measured in Gcal, someone has to pay.

With hot water supply, we consume all the water and, accordingly, all 100% Gcal in it, we do not return anything back to the system.

What is a heat carrier? All hot water that runs through pipes into the heating system or into the hot water supply system, as well as steam and condensate (the same hot water). The word coolant consists of two words - heat and carries. When calculating, heat supply companies break down the coolant into Gcal and network water, which misleads some consumers.

If earlier UZhK "Nash Dom" charged for hot water at tariffs for hot water supply in rubles / cubic meters, now we break down the coolant for the needs of hot water supply. In our bills for payment for hot water, there is no rub/m.cub. tariff. We bill for hot water as well as for heat, separately for network water and separately for Gcal.

The tariff for network water takes into account only the water itself, and does not take into account the Gcal in it. The tariff for hot water takes into account both water and Gcal in it.

The coolant, depending on the purpose (for heating or for hot water supply), has different requirements for temperature and sanitary standards. For hot water supply, there is a minimum allowable temperature that the heat supply organization must provide, as well as increased quality requirements.

In Kachkanar, there is a 2-pipe open heating system, from which it is powered DHW system in each separately standing house- this was determined by the project during the construction of the city. AT summer period there is no circulation of the heating system, hot water is supplied through one of the pipes of the heating system (starting from the CHP and to each consumer).

The temperature of the heat carrier for heating depends on the outdoor temperature (weather). The colder it is outside, the more we heat.

Conclusions: - when paying for heat, you will need to pay for Gcal. When paying for hot water - both for Gcal and for network water (coolant); - heat carrier - carries heat, hot water, it is also network water + Gcal in it; - network water - water without Gcal;

In life, coolant and network water can mean the same thing.

Tags: housing and communal services

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Payment for heat energy as part of the hot water supply

By Decree of the Government of the Russian Federation No. 129 dated February 14, 2015, in order to regulate the procedure for applying two-component tariffs for hot water, amendments were made to the RF Government Resolution No. 354 dated May 06, 2011 and the RF Government Resolution No. 306 dated May 23, 2006. According to the amendments made when establishing two-component tariffs for hot water supply (hereinafter referred to as DHW) “the amount of payment for the utility service for hot water supply is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the public service for hot water supply, and the cost of the component for thermal energy used to heat cold water for the purpose of provision of public services for hot water supply" (paragraph 6 of clause 38 of Rules 354), while the authorized body of the subject of the Russian Federation "sets the standard for the consumption of thermal energy used to heat cold water for the provision of public services for hot water supply" (paragraph 32(1) of Rules 306 ). And if the procedure for calculating the cost of hot water supply between the consumer and the utility service provider (hereinafter referred to as the UCS) has been resolved (although to this day there are a huge number of cases of its violation), then when calculating between the ICU and the resource supply organization (hereinafter referred to as the RSO), there have been and continue to arise disputes, especially in cases of equipping houses with common house metering devices that determine both the volume of hot water consumption and the amount of heat energy as part of the consumed hot water.

Heat in DHW: volume of consumption and cost payable

If we consider the consumption of hot water in the premises of MKD, then it is easy to establish cases in which, with the same volume of hot water consumption, the consumption of heat in the composition of this water will be different. Such cases include consumption in the absence of circulation in the house of “cooled down” hot water by those residents who wake up earlier in the morning or go to bed later in the evening. It is obvious that water will be hotter with long-term one-time consumption compared to many short-term inclusions, even if the total volume of short-term inclusions is equal to the volume of long-term one-time consumption. During the non-heating period, there is a significant difference in the temperature of hot water in houses of the same type (for which the same consumption standards are stipulated) depending on the length of the DHW network from these houses to the RSO (the distance of the MKD from the boiler house) - residents of houses connected to the "terminal" segments of heating networks usually use less hot water than houses connected to the "transit" pipelines of the same networks.

Probably, in order to create a certain averaged unified calculation system, the Government of the Russian Federation decided to approve the norms for the consumption of heat energy for heating hot water supply and gave the right to establish such norms to the constituent entities of the Russian Federation authorized to approve the norms for the consumption of utilities. This eliminated the possibility of determining the different cost of hot water (in rubles per cubic meter), for example, for residents various apartments the same apartment building. It should be noted that the different cost of hot water (in rubles per cubic meter) for residents of the same house in different months is also excluded - after all, the calculation of the cost of a cubic meter of hot water consumed by the consumer should be based on the cost of the component for cold water, the tariff for which is approved by the subject of the Russian Federation, and the cost of the component for thermal energy, the tariff for which and the volume for each unit of water (the heat standard for heating hot water) is also approved by the subject of the Russian Federation. Thus, the cost of one cubic meter of hot water does not depend in any way on the actual heat consumption for heating this water (measured or calculated in any way), but is calculated based only on those parameters that are approved by the state authorities of the constituent entity of the Russian Federation.

If we talk about the amount of heat energy consumed for the purpose of hot water supply by the entire apartment building (hereinafter - MKD), then, of course, such an amount can be determined by such a common house metering device (hereinafter - OPU), which measures not only the consumption of hot water for DHW needs, but also the heat content of this water. The position of the overwhelming majority of the RSO, which is that the heat supplied to the MKD is payable in full, is reasonable and logical. No less logical is the determination of the amount of heat energy in the composition of the hot water supply consumed by the entire MKD, according to the OPU, which allows such an amount to be measured. At the same time, in the opinion of these RCOs, there is no need to apply the standard for the consumption of thermal energy used to heat cold water for the provision of public services for hot water supply, approved by the state authorities of a constituent entity of the Russian Federation. In the event that there is no function for measuring the amount of heat in the common house DHW meter (and even more so in the absence of an operating system at all), the same RNOs consider the use of a heat standard for heating DHW already necessary.

The position, of course, is not devoid of logic, however, the current legislation of the Russian Federation does not give the right to choose whether to use the heat standard for DHW heating in calculations or not to use it. The norms on the use in the calculations of the rate of consumption of thermal energy used to heat cold water for the provision of public services for hot water supply are imperative, subject to unconditional execution. At the same time, the legislation of the Russian Federation simply does not contain any norms on the possibility of using in the calculations the readings of the OPU, which determine the amount of heat energy in the composition of the hot water supply. Thus, the use of such indications of the GTC in the calculations, although logical, is not based on the law, and therefore is illegal. At the same time, the use in calculations of the heat standard for DHW heating is not a right provided for in individual cases (for example, the absence of a GTC, or the absence of a GTC function for measuring heat content in DHW), but a duty for any cases without exception.

From the foregoing, it follows that when calculating the cost of hot water supply (both between the consumer and the provider of the hot water service, and between the ICU and the RSO), it is not the actually consumed amount of heat energy for heating water for the provision of public services for hot water supply, but the norm of heat consumption for heating hot water .

What did the court decide?

These circumstances were studied by the Arbitration Court of the Moscow Region, and then - on appeal - by the 10th Arbitration Court of Appeal, when considering the case on the claim of Orekhovo-Zuevskaya Teploset LLC against Avtoproezd HOA (case No. A41-18008 / 16) for the recovery arrears in payment of heat energy. As third parties, the Main Department of the Moscow Region “State Housing Inspectorate of the Moscow Region”, the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Ministry of Construction and Housing and Communal Services of the Moscow Region were involved in the case.

In the Decision of December 12, 2016 in case No. A41-18008/16, the Arbitration Court of the Moscow Region stated:

“Having directly, fully and objectively examined the evidence presented by the parties in support of the stated claims and objections, the court came to the following.

As established by the court, on September 26, 2012, between the plaintiff and the defendant concluded the Contract for heat supply No. 240, according to which the plaintiff is an energy supply organization, the defendant is a subscriber.

In accordance with paragraph 1 of Article 539 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), under an energy supply agreement, the energy supply organization undertakes to supply energy to the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy ...

Based on Article 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with the energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties. The procedure for paying for energy is determined by law, other legal acts or by agreement of the parties.

In accordance with the provisions of Article 157 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the amount of payment for utilities is calculated based on the volume of utility services consumed, determined by meter readings, and in their absence, based on utility consumption standards approved by the authorities state power constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation, at tariffs established by state authorities of the constituent entities of the Russian Federation in the manner established by federal law.

Part 5 of Article 9 of the Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply” establishes that tariffs for hot water in open systems heat supply (hot water supply) are set in the form of two-component tariffs using a component for a heat carrier and a component for thermal energy.

According to part 9 of Article 32 of the Federal Law of December 7, 2011 No. 416-FZ "On Water Supply and Sanitation", tariffs in the field of hot water supply can be set in the form of two-component tariffs using a component for cold water and a component for thermal energy in the manner determined by the pricing principles in the field of water supply and sanitation, approved by the Government of the Russian Federation.

Paragraph 88 of the Fundamentals of Pricing in the Sphere of Water Supply and Sanitation, approved by Decree of the Government of the Russian Federation No. 406 dated May 13, 2013, provides that tariff regulators set a two-component tariff for hot water in a closed hot water supply system, consisting of a component for cold water and a component for thermal energy.

Thus, the executive authorities of the constituent entities of the Russian Federation in the field of price (tariff) regulation make decisions on the establishment of two-component tariffs for hot water in accordance with the norms of the current legislation.

In order to regulate the procedure for the application of two-component tariffs for hot water, Decree of the Government of the Russian Federation No. 129 dated February 14, 2015 (entered into force on February 28, 2015) amended 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 of May 6, 2011 No. No. 354 (hereinafter - Rules No. 354), and the Rules for establishing and determining standards for the consumption of utilities, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 306 (hereinafter - Rules No. 306).

Paragraph 38 of Regulation No. 354 provides that in the case of establishing two-component tariffs for hot water, the amount of payment for the utility service for hot water supply is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the utility service for hot water supply, and the cost of the component for thermal energy used to heat cold water for the purpose of providing public services for hot water supply.

In accordance with paragraph 42 of Regulation No. 354, in the case of establishing two-component tariffs for hot water, the amount of payment for the utility service for hot water supply provided to the consumer for the billing period in a residential building equipped with an individual or common (apartment) metering device is determined in accordance with formula 23 Appendix No. 2 to Regulation No. 354 based on the readings of hot water meters and the rate of consumption of thermal energy used for heating water, and in the absence of such a meter - based on the rate of consumption of hot water and the rate of consumption of thermal energy used for heating water.

At the same time, Rules No. 354 do not provide for the use of thermal energy as a public service, which complies with the provisions of part 4 of article 154 of the HC RF.

Given the above, Regulation No. 354 provides for the distribution of thermal energy used for heating cold water in order to provide public services for hot water supply, within the framework of the standard for the consumption of thermal energy for heating water in order to provide public services for hot water supply.

In this regard, the relevant amendments made to Regulation No. 306 provide that the standard for the consumption of public services for hot water supply is determined by setting the standard for hot water consumption in a residential building and the standard for the consumption of thermal energy for heating water for hot water supply purposes.

So, according to paragraph 7 of Regulation No. 306, when choosing a unit of measure for consumption standards for hot water supply (hot water), the following indicators are used:

in residential premises - cub. meter of cold water for 1 person and Gcal for heating 1 cu. meters of cold water or cubic meters. meter of hot water for 1 person;

for general house needs - cub. meter of cold water and Gcal for heating 1 cu. meters of cold water per 1 sq. meter of the total area of ​​​​the premises that are part of the common property in an apartment building, or a cubic meter. meter of hot water per 1 sq. meter of the total area of ​​​​the premises that are part of the common property in an apartment building.

This principle ensures a fair distribution of thermal energy for heating a cubic meter of water between all consumers, depending on the volume of hot water consumption. In this regard, the procedure for determining the amount of payment for a utility service for hot water supply, established by the Rules No. 354, fully complies with the requirements of the Housing Code of the Russian Federation and is established taking into account the exclusion of the occurrence of an unfair financial burden on citizens.

Thus, regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the heat supply (hot water supply) system (open or closed), and also regardless of the season (heating or non-heating), the amount of heat the energy used for water heating is determined according to the norms for the consumption of thermal energy for heating water for the purposes of hot water supply established in the manner prescribed by law.

Accordingly, if there are norms for the consumption of thermal energy for heating hot water, the readings of metering devices that measure thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supply organizations.

Rules No. 354 do not provide for a different procedure for determining the amount of payment for a utility service for hot water supply in this case.

Civil rights and the obligations of the managing organization or a partnership of homeowners or a housing cooperative or other specialized consumer cooperative (hereinafter referred to as a partnership, cooperative) to make payments for the resources necessary for the provision of public services arise from resource supply agreements concluded in the manner prescribed by the Rules, binding upon conclusion management organization or partnership of homeowners or a housing cooperative or other specialized consumer cooperative of agreements with resource supply organizations approved by Decree of the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter respectively - Decree No. 124, Rules No. 124).

According to subparagraphs "d", "e" of paragraph 17 of Regulation No. 124, the procedure for determining the volume of the supplied communal resource, the procedure for paying for the communal resource are essential terms of the resource supply agreement.

At the same time, in conjunction with the requirements of Rules No. 124, when concluding a resource supply agreement, the Requirements for making payments for the resources necessary for the provision of public services, approved by Decree of the Government of the Russian Federation of March 28, 2012 No. 253 (hereinafter referred to as the Requirements), are also subject to application.

Paragraph 4 of the Requirements establishes that in favor of resource-supplying organizations, funds received by the contractor from consumers as payment for utility services are subject to transfer.

At the same time, paragraph 5 of the Requirements stipulates that the amount of payment by the utility service provider due to be transferred in favor of the resource supply organization supplying a particular type of resource is determined depending on the payment by the consumer of the relevant utility service in the full amount specified in payment document, or with partial payment, which fully corresponds to the above norms of Rule No. 124.

Based on the above, the amount of payment by the utility service provider in favor of the resource supply organization is subject to determination, taking into account the number Money received from consumers of communal services, as well as taking into account the volume of communal resources in the event that a resource supplying organization supplies a communal resource of inadequate quality or with interruptions exceeding the established duration.

In addition, managing organizations (partnerships, cooperatives), being executors of communal services in an apartment building, acquire a communal resource from resource supplying organizations not for resale, but to provide the corresponding utility service to consumers and pay for the amount of communal resource consumed in such an apartment building from payments received from consumers for public services.

In accordance with the Decision of the Supreme Court of the Russian Federation dated June 8, 2012 No. AKPI12-604, according to which, within the framework of Resolution No. 124, a managing organization, partnership or cooperative are not business entities with independent economic interests that are different from the interests of residents as direct consumers of communal services. These organizations carry out activities to provide public services on the basis of an apartment building management agreement and pay for the volume of the communal resource supplied under the resource supply agreement only from the received payments from consumers. In this situation, the amount of payment for a communal resource under a resource supply agreement should be equal to the amount of payment for a utility service paid by all consumers of utility services in accordance with the Rules for their provision.

In view of the foregoing, regardless of the agreement, the parties are obliged to follow the imperative rules that govern the procedure for paying for utility services provided.

According to paragraphs 10, 11 of part 1 of Article 4 of the LC RF, relations regarding the provision of public services, payment for housing and public services are regulated by housing legislation.

In accordance with the provisions of Article 8 of the Housing Code of the Russian Federation, relevant legislation is applied to housing relations, including those related to the use of engineering equipment, the provision of public services, and the payment of utility bills, taking into account the requirements established by the Housing Code of the Russian Federation.

In view of the foregoing, when concluding a resource supply agreement with persons managing an apartment building, and establishing conditions in it, including those regulating the procedure for terminating the supply of the corresponding type of communal resource in apartment house, it is necessary first of all to be guided by the norms of housing legislation, in particular Rules No. 124, taking into account the provisions of Rules No. 354.

Clause 5 of the Requirements establishes that the amount of the contractor's payment due to be transferred in favor of the resource supplying organization supplying a specific type of resource is determined in the amount of the payment for a specific utility service indicated in the payment document, accrued to the consumer for a given billing period in accordance with Rules No. 354 (with payment by the consumer in full), and if the consumer does not pay in full - in an amount proportional to the amount of payment for a specific utility service in the total amount of payments indicated in the payment document for works and services performed (provided) for a given billing period.

Based on this, the homeowners association is obliged to cover obligations to resource-supplying organizations for the volume of the communal resource at the expense of funds received from consumers in payment for consumed utility services for hot water supply, that is, calculated on the basis of the standard consumption of thermal energy used to heat water in order to provide hot water utilities.

Based on the foregoing, the Arbitration Court of the Moscow Region believes that the stated claims are not subject to satisfaction.

Guided by the articles of art. 110, 112, 162, 167–170, 176 of the Arbitration Procedure Code of the Russian Federation, Arbitration Court of the Moscow Region

Deny the claim."

The Tenth Arbitration Court of Appeal, having considered the appeal against the decision of the Arbitration Court of the Moscow Region, adopted Resolution No. 10AP-805/2017 dated April 17, 2017 in case No. A41-18008/16, which repeated the arguments of the court of first instance, additionally specifying:

“The arguments of the appeal repeat the arguments of the claim and were justifiably rejected by the court of first instance.

Taking into account the totality of the above circumstances, the Court of Appeal finds no grounds provided by law for reassessing the conclusions of the Court of First Instance and satisfying the requirements of the appeal.

Guided by articles 266, 268, paragraph 1 of article 269, article 271 of the Arbitration Procedure Code of the Russian Federation, the court

RESOLVED:

The decision of the Arbitration Court of the Moscow Region dated December 12, 2016 in case No. A41-18008/16 is left unchanged, the appeal is not satisfied.”

conclusions

The Arbitration Court of the Moscow Region and the 10th Arbitration Court of Appeal, which supported its opinion, when considering case No. A41-18008 / 16, established that regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the type of heat supply system / hot water supply (open or closed), regardless of the period of the year (heating or inter-heating), “the amount of thermal energy used for heating water is determined according to the norms for the consumption of thermal energy for heating water for the purposes of hot water supply established in the manner prescribed by law ..., if there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices measuring thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supply organizations.

Disputes between managing and resource-supplying organizations about the procedure for calculating fees for provided communal resources are a frequent occurrence. They happen because each side interprets the law in such a way as to get the maximum benefit for itself.

Today we will talk about the dispute between the UO and RSO on how to correctly calculate the amount of thermal energy used to heat hot water.

Dispute

The managing and resource-supplying organizations entered into a heat supply agreement. The RSO undertook to supply thermal energy and hot water to the MA, while the MA had to pay for these services and the coolant that was not returned to heating network heat supply organization. It seems nothing unusual, in every subject of the Russian Federation, thousands of MAs conclude similar agreements with the RSO.

But in our case, the reason for disagreement was the disagreement of the managing organization with how the RSO calculates the amount of thermal energy used to heat water. The MA believed that it was necessary to calculate according to the standard. The heat supply organization, on the other hand, was sure that it was necessary to calculate the amount of the fee according to the readings of metering devices.

Disagreements led to the fact that the MA did not pay for the supplied communal resources, accumulated debts to the RSO, and the heat supply organization had to go to court with a claim to recover the debt for the delivered communal resource.

Opinions of the Arbitration and Appeal Courts

The first court to consider the case was the Arbitration Court of the Moscow Region. RSO insisted that the managing organization should pay for the delivered resource according to the readings of metering devices. In response, the MA provided a counter-calculation of the debt, based on the application of the calculation of the payment for thermal energy used for heating water, in accordance with the Decree of the Government of the Russian Federation of 05/06/2011 No. 354. The figures that the RSO required were more than those calculated by the MA.

The Arbitration Court of the Moscow Region decided to partially satisfy the claims of the RNO and recover from the managing organization a large part of the amount claimed by the plaintiff as a debt, fines and payment of the state fee for legal expenses. He explained that the heat supply organization calculates the fee incorrectly, so the MA must return the amount that will be obtained if correct calculations are made.

Although the requirements of the RSO were satisfied, it turned out that the court sided with the managing organization, because it did not refuse to pay at all, but wanted to get a correct calculation.

The heat supply organization was dissatisfied with this decision and filed an appeal with the Tenth Arbitration Court of Appeal, which overturned the decision of the Arbitration Court of the Moscow Region.

The Court of Appeal relied on Art. 157 of the Housing Code of the Russian Federation and Federal Law No. 190-FZ of July 27, 2010, and proceeded from the need to determine the volume of thermal energy supplied for heating water in the disputed period according to the readings of a serviceable meter previously installed to the subscriber, and not on the basis of the standard for heating.

This time, the management organization did not agree with the decision. She was confident that she was right and decided to appeal the case to the Arbitration Court of the Moscow District. But this court came to the defense of the RSO and refused to satisfy the requirements of the managing organization, leaving the decision of the previous court in force.

The MA decided not to give up and filed a cassation appeal with the Supreme Court of the Russian Federation. In it, the MA referred not to the incorrect application of the rule of law and asked to cancel the said decisions of the courts of appeal and the district, leaving in force the decision of the Arbitration Court of the Moscow Region.

Representatives of the resource-supplying organization objected to the satisfaction of the complaint, referring to the legality and validity of the contested decisions.

Arguments and decision of the Supreme Court of the Russian Federation

The Judicial Collegium of the Supreme Court of the Russian Federation checked the materials of the case, discussed the arguments set forth in the cassation appeal, and decided to satisfy the complaint of the managing organization, noting that the previous courts did not take into account several provisions of the current legislation of the Russian Federation.

The organization of the supply of heat energy and hot water to the managing organization through the connected network is carried out in order to provide public services to citizens living in the MKD. Such relationships are subject to s. 10 p. 10 art. 4 ZhK RF.

The amount of payment for utilities is calculated based on the volume of consumed utility resources. This volume is determined by the readings of metering devices. If there is no PU, the amount of payment for utilities is calculated based on the consumption standards approved by the state authorities of the constituent entities of the Russian Federation.

The specified procedure does not contradict paragraph 1 of Art. 157 of the Housing Code of the Russian Federation, which provides for the determination of the volume of consumed HC according to the readings of metering devices, and only in their absence allows the use of HC consumption standards. The whole snag is that thermal energy is not among the consumed utilities.

In the city where the participants in the proceedings were located, the standard for the consumption of thermal energy for heating hot water supply was established by a decree of the head of the city of Podolsk dated December 21, 2004 No. 2707-p.

The heat supply organization did not provide evidence of recognizing the standard as invalid or invalid, therefore, the courts of appeal and the district had no grounds to be guided by the testimony of the ODPU when determining the amount of thermal energy used to heat water in order to provide hot water services.

The Supreme Court of the Russian Federation noted that the Arbitration Court of the Moscow Region made a lawful and reasoned decision, correctly interpreting the legislation. Therefore, the Supreme Court of the Russian Federation decided to uphold his decision, and cancel the decisions of the Tenth Arbitration Court of the Moscow Region, the decision of the Arbitration Court of the Moscow District.