A few years ago, a new line appeared in the receipts - water heating. Many people don't know what this service is and why they have to pay for it. After all, before payment was made only for warm water. Therefore, many do not want to pay double fees. However, non-payment of the money indicated in this column leads to the appearance of debt. Since the amount for heating water in receipts is charged for a separate service.
What is heating is one of the most frequently asked questions. The document has 2 columns for thermal water supply (DHW) and heating.
What is DHW - this is hot water supply. But people don't understand why they have to deposit money twice. But in fact, everything is different. DHW is not warm water, but heat energy, which is spent by housing and communal services to bring the liquid to the desired temperature. Therefore, a double tariff was introduced for hot water supply and for the spent energy.
This tariff was set due to the fact that additional energy is expended to achieve a normal temperature. Previously, fuel consumption was not taken into account when calculating utility bills, and money was collected for this only during the heating period.
Because of what, during this period, people's expenses for heating and heating increased greatly. To prevent people from drastically increasing costs, the Government divided the costs spent on achieving normal temperatures for the whole year.
Is it legal to charge for this
Seeing an additional column in the check, people think if it is legal. Some immediately turn to the company's employees and clarify what the new column means and why you need to pay. And some just don't pay for it.
However, such actions of consumers will be considered illegal, since the obligation to pay for water heating is specified in the articles of the Housing Code. Also, the legitimacy of demanding payment for this is also indicated in
What if the equipment breaks
If the heater breaks, then the heating will not increase or decrease. Therefore, it is important to quickly return it to duty. In this situation, payers must immediately inform the employees of the management company about the breakdown. After receiving the application, the legal entity must immediately send specialists to restore the operation of the water heater.
It is also the responsibility of the tenants to purchase the equipment.
How to determine the cost yourself
The cost of heating cold water is indicated in the receipt. For cold and hot liquid, calculating the total amount is quite simple, but few people know how to calculate the amount of payment for an additional service.
How is water heating calculated in the bill in summer and winter, and what data will you need to know:
- Be sure to know what tariff is set in the region.
- What losses did the management company suffer to transport the resource.
- How much energy was actually used to reach the required temperature.
- How much resource is consumed each month.
Not all managing organizations provide such data to residents of apartment buildings. However, any person can request this information from the HOA or the Criminal Code, and employees of the legal entity are required to provide reliable information on payment for apartment supply services.
If you refuse to respond to the request, the applicant may file a complaint against the employees of the management company with Rospotrebnadzor. Having received all the necessary data, you can independently calculate and compare the heating bill indicated in the bill.
Calculation of the total amount in 2018
Heating is the most expensive utility service. This is due to the fact that special heating devices are used for heating, which consume a lot of energy.
To calculate the amount of payment for heating for hot water supply, it is necessary to determine how much resource has been spent, for this it is necessary to take readings from the meter or make a calculation for hot moisture, if it is not there. The calculation of the amount of remuneration for DHW heating is made according to the following formula:
P gv \u003d Vgv × Txv + (V v kr × Vi gv / ∑ Vi gv × Tv kr)
V hw - the volume of hot water consumed during the billing period (month) in an apartment or non-residential premises
T xv - tariff for cold water
V v kr - the amount of thermal energy used for the billing period for heating cold water in the independent production of hot water by the management company
∑ Vi hw - the total volume of hot water consumed during the billing period in all
T v kr - the tariff for thermal energy in the premises of the house.
The rate set in the region is multiplied by the standard of heat required to heat a cubic meter of liquid. The resulting figure is multiplied by the amount of resource consumed.
For residents who do not have a meter, the calculation must be made as follows: the standard is divided by the number of residents in the house (apartment).
The resulting result will not be accurate, since the management company also adds the costs spent on the repair, maintenance and maintenance of special devices.
Utility bills for heating hit homeowners' budgets hard. In connection with what people do not want to deposit money for no reason. And the appearance in the paper of a new column for heating always raises questions, especially if you have to pay a rather large amount for innovation. Heating recently appeared on the receipt, which is why many people still have not figured out why they have to pay for it separately, because they already pay for water supply.
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? 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) enters the heating system at one temperature and exits at another. That is, he came with one amount of warmth, and left with another. The coolant gives off some of the heat 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), 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, drinking water is taken, heated and 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 the additional use of 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, part of the apartments in a multi-storey building has access to hot water, and the second only to cold water, issues 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:
- If you have a meter installed in your apartment, then you can calculate the consumption of thermal energy, focusing on its indicator.
- 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 charge for heating is calculated based on the readings of the common meter 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 of energy consumption for heating 1 m3 of water in the reporting month and the readings of an individual water meter.
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. In this case, if you have already paid the amount indicated on the receipt, Article 395 of the Civil Code of the Russian Federation will serve as the basis for the claim. 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.
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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 the hot water supply system is fed in each detached house - this was determined by the project during the construction of the city. In summer, 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 of different apartments in 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 the needs of hot water supply, but and 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 of the heat standard for DHW heating in calculations 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 LLC "Orekhovo-Zuevskaya Teploset" against the HOA "Avtoproezd" (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 consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by public authorities 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 heat supply systems (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.
Taking into account 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 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 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 obligations of a 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, mandatory when a managing organization or a partnership of homeowners or a housing cooperative or other specialized consumer cooperative concludes 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", "f" 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 resources necessary for the provision of public services, approved by Decree of the Government of the Russian Federation No. 253 dated March 28, 2012 (hereinafter referred to as the Requirements), are also subject to application.
Clause 4 of the Requirements establishes that funds received by the contractor from consumers as payment for utility services are subject to transfer in favor of resource-supplying organizations.
At the same time, paragraph 5 of the Requirements provides 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 the payment document, or with partial payment, which fully corresponds with the above norms of Regulation No. 124.
Based on the above, the amount of payment by the utility service provider in favor of the resource supplying organization is subject to determination, taking into account the amount of money received from consumers of utility services, as well as taking into account the volume of communal resources in the event that the 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, housing legislation regulates relations regarding the provision of public services, payment for housing and public services.
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 to an apartment building, it is necessary first of all to be guided by the norms of housing legislation, in particular Rules No. 124 subject to the provisions of Regulation 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 specified 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, were reasonably 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.”
findings
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 (general 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.
Zubkov Sergey Vasilievich(11/28/2014 at 07:58:01)
Dear Elena. Clause 4 of the Rules for the provision of public 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 N 354 provides for the provision of the following utilities:
a) cold water supply, that is, the supply of cold drinking water supplied through centralized cold water supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, to premises that are part of the common property in an apartment building, as well as to the standpipe in the case when an apartment building or a residential building (household) is not equipped with in-house engineering systems of cold water supply;
b) hot water supply, that is, the supply of hot water supplied through centralized hot water supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, as well as to premises that are part of the common property in an apartment building . In the absence of centralized hot water supply, hot water supply to consumers in an apartment building is carried out by the contractor through the production and provision of public services for hot water supply using in-house engineering systems, including equipment that is part of the common property of the owners of premises in an apartment building (if such equipment is available);
c) sewerage, that is, the removal of domestic wastewater from a residential building (household), from residential and non-residential premises in an apartment building through centralized sewerage networks and in-house engineering systems;
d) power supply, that is, the supply of electrical energy supplied through centralized power supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, as well as to premises that are part of the common property in an apartment building;
e) gas supply, that is, the supply of gas supplied through centralized gas supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, to premises that are part of the common property in an apartment building, as well as the sale of household gas in cylinders;
f) heating, that is, the supply of thermal energy through centralized heat supply networks and in-house engineering heating systems that ensures that in a residential building, in residential and non-residential premises in an apartment building, in premises that are part of the common property in an apartment building, the air temperature indicated in paragraph 15 of Appendix No. 1 to these Rules, as well as the sale of solid fuel in the presence of stove heating.
There is no such service as water heating. You pay for heating. Communal resource - water, of course, should be hot.
We had a similar story a few years ago with the collection of a separate fee for heating. There were protests by the prosecutor, a long trial, and finally canceled precisely because of the lack of such a utility service.
Good luck. My answer is your feedback.
Few of the residents of houses No. 1,2,3 of microdistrict 4A delve into the amounts charged by the management company. Amounts for hot water from an individual boiler room are generally a "dark forest".
Let's count hot water supply (DHW) costs for October 2015 at house No. 1. There are many incomprehensible definitions in hot water bills (DHW IPU, DHW cold water IPU, individual consumption and ODN, as well as the mysterious "DHW circulation"), which will be very interesting to understand.
So, house number 1 has an individual boiler room, which means hot water cost will equal the cost of cold water + the cost of heating it up to 60-75 degrees.:
LLC "Management company "Comfort", which serves the house number 1, exposes the following lines for payment for hot water:
"HVS DHW IPU"- this is the cost of cold water that entered the boiler room. We multiply the volume of cold water in the hot water supply system by the tariff of 19.66 rubles.
"IPU heating"- This theoretical cost of heating cold water. These are the theoretical costs for heating water from ~8 degrees to ~65 degrees. This parameter will always be less than the "practical" heating, since the water is heated once, passes through the piping system in the house and is "reheated" again, and these cycles are repeated. This "additional heating" of water is distributed in the payment order separately under the item "DHW circulation".
"DHW circulation"- this is an additional parameter that characterizes the cost of heat loss in pipes, heated towel rails, etc. To better understand this parameter, imagine that only one person has settled in the house, and the entire boiler room of the house works for him, heats and drives water through pipes, heats it up and lets it through the circuit again. The bill for a single resident to heat 1 cubic meter of water will be huge compared to theoretical heating. Therefore, this "circulation" is distributed evenly among all owners, and there is common sense in this: pay for the fact that the boiler room heats and delivers constantly hot water to the meter, even to those owners who do not live or do not use their premises.
How is payment for consumed hot water distributed among residents? Here is the formula:
DHW = Volume * ("cold hot water DHW IPU" + "Heating IPU") + "DHW circulation" (1)
In October 2015, house No. 1 consumed 762 cubic meters of hot water who went to the boiler room. Of them 688.15 cubic meters- this is the sum of the readings of the residents' hot water meters transferred to the Criminal Code. The remaining 73.85 cubic meters- this is the volume that the rest of the tenants for various reasons did not report to the Criminal Code. Therefore, the costs of these cubic meters are distributed evenly to all consumers of hot water in the house.
Let us write formula (1) in more detail, taking into account individual and "common house" consumption and circulation losses:
1. The total cost of expenses for the period amounted to 172,751.08 rubles.
2. The coolant consumption in the heating system according to the metering device was 391.168 Gcal.
3. Heat carrier consumption for hot water supply according to the heat meter - 167.886 Gcal.
4. The total volume of the coolant for the period - 559.054 Gcal.
5. Tariff for heating and hot water supply - 309.01 rubles. for 1 Gcal
Let us single out from the total expenses the share of expenses for cold water heating:">
The cost of cold water (we multiply the 762 cubic meters consumed by the house by the tariff of 19.66 rubles per 1 cubic meter):">
Now let's see if the management company correctly distributed the payment for hot water according to the receipt. Here is the receipt for October 2015 (house No. 1). The living area of the apartment is 33.7 sq.m. The living area of apartments and commercial premises in the building is 13,552.40 sq.m.
Just follow the formula:
The result was an amount approximately comparable to the total costs of 66,858.71 rubles, i.e. the management company calculated for October 2015 for hot water with an error of less than 2%, we will assume that it is true.
