Who is responsible for hot water in the apartment and what should be the temperature. The procedure for recalculation for low-quality ku Recalculation of hot water by temperature

Hot water supply is called the supply of water with elevated temperature through a centralized pipeline and internal engineering structures to private and multi-apartment buildings (including non-residential premises and premises of joint ownership). This article is devoted to the calculation of hot water supply.

In this article you will learn:

• How is the calculation of hot water.
• What formula is used to calculate the standard for hot water supply.
• How to recalculate hot water supply for general house needs.
• Why control the quality of hot water.

Calculation of the hot water supply system

The calculation of the hot water supply system is based on the calculation of heat for this type of water supply. The fact is that the average temperature of cold water is 10 ° C, but at the outlet this figure is much lower, which creates discomfort when using water for the consumer from the mixer (60 ° C). Based on this, when calculating the temperature, it is recommended to increase it to 50 ° C.

The algorithm for calculating the average heat consumption for hot water extraction looks like this:

qm = m* t* c *∆t, kW*h,

where m is water consumption, l/h; t is the operating time, h; ∆t is the temperature difference; c is the specific heat capacity, kW x h/(l x °C).

• Hot water supply of an apartment building: the nuances of quality control and refusal to pay

Calculation of the standard for hot water supply

The rate of water supply (cubic meters per month for 1 person) is determined as follows:

N = Sum (Q x n) x (4.5 + 0.07 + L) x 10 where

Q - water consumption by 1 water-folding mechanism for 1 operation; n - the number of operations for using 1 water-folding device for i - 7 days; L is the number of floors in an apartment building or residential building.

Consumption rates and average water temperature per operation

The indicator of hot water supply (cubic meters per month per 1 person) is calculated as follows:

Calculation of payment for hot water supply: 2 options

Calculation No. 1 - Calculation in the residential area, a hot water consumption meter is installed.

If an individual metering device for hot water supply is installed in the apartment, the calculation of the amount of payment for hot water supply will be made according to formula No. 1, as the product of the amount of hot water consumed in the apartment according to the indications of an individual meter and the tariff for hot water supply established for the region and the service provider:

Formula #1

P i \u003d V i p x T cr

V i p - volume(quantity) of hot water supply consumed during the billing period in a residential or non-residential premises, determined according to the readings of an individual or common (apartment) meter;

T kr - tariff(price) for hot water supply, established in accordance with the legislation of the Russian Federation.

DHW calculation example

Based on meter readings, in January 2017. 4 m3 of hot water was used.

The cost of 1 m3 of hot water in this region, taking into account the services of an intermediary, is 90 rubles. 00 kop.

Having such data, it is possible to calculate hot water supply for this particular case:

4 x 90.00 = RUB 360.00

Calculation No. 2 - a hot water consumption meter is not installed in the living room.

For such cases, formula No. 4 is used, which takes into account data on hot water consumption rates in the region, the number of people living in the apartment and the cost of hot water supply, taking into account the region and supplier.

Formula #4

P i = n i x N j x T cr

• the number of citizens permanently and/or temporarily residing in the apartment;
• the norm established for hot water supply for the region;
• tariff set for hot water supply for the region and service provider.

DHW calculation example

If we take as a basis that three people live in the room, the rate of hot water consumption in this region is 3.5 m 3 / person, and the tariff for hot water supply is 90 rubles. 00 kop. for 1 m 3, then you can calculate the amount of payment for using hot water in a given living space as follows:

3 x 3.5 x 90.00 = 945.00 rubles.

Calculation of hot water supply for general house needs

May 06, 2011 The Government of the Russian Federation signed Decree No. 354 on a new procedure for calculating the amount of payment for utilities. According to this document, apartment residents must pay not only for hot water consumed by them at home, but also for hot water supply, which serves general house needs. These changes aroused dissatisfaction among citizens, and, first of all, because it was not clear what kind of excess water they were talking about and what it was spent on in such significant volumes.

Below is the calculation of payment for hot water supply for general house purposes.

• Calculation No. 1 - calculation of the DHW of a house on which a hot water consumption meter is not installed.

The calculation of the amount to pay for the consumed hot water for general house purposes is carried out according to the formulas No. 10, 15, which allow you to determine the amount of hot water consumed and the amount of the required payment, respectively.

Formula #10

P i one \u003d V i one x T cr

• V i od- the amount of hot water that was used for general house purposes in an apartment building and falls on a residential or non-residential premises for the billing period;
• T cr- the cost of hot water supply according to the laws of the Russian Federation.

Formula #15

V i one.5 \u003d N one x S o and x (S i / S about)

• N one- the rate of consumption of hot water supplied for the billing period and spent for general house purposes in an apartment building;
• Si- the total area of ​​residential and non-residential premises in an apartment building;
• S about- the total area of ​​all residential and non-residential premises in an apartment building;
• S oi- the total area of ​​common premises in an apartment building.

Calculation Sample

The rate of hot water consumption for general house purposes in the region is 0.3 m 3 per 1 m 2. The total area of ​​​​premises under common house management is 400 m 2. The total area of ​​all residential premises of this apartment building is 4,000 m 2. The total area of ​​one apartment is 45 m2. In this region, payment for hot water is set at 90 rubles. 00 kop. for 1 m 3. Using these data, we get the following calculations:

0.3 x 400 x 45 / 4000 = 1.35 cubic meters 1.35 x 90 = 121.50 rubles

• Calculation No. 2 - calculation of the DHW of a house on which a hot water consumption meter is installed

To calculate the payment for the consumption of hot water, formulas No. 10, 12 are used, which allow you to determine the volume of hot water and the amount of payment, respectively.

Formula #12

Calculation Sample

The amount of hot water that was consumed according to the common house meter is 2,000 m 3. The amount of hot water consumed in all residential premises according to the readings of individual meters is 1,200 m 3. The amount of hot water consumed in those apartments where there are no individual meters is 500 m 3. The total area of ​​apartments in the house is 4,000 m2. The area of ​​one apartment is 45 m 2.

The cost of 1 m 3 of hot water in the region under consideration, taking into account the interests of the service provider, is 90 rubles. 00 kop.

Based on the above data, the calculation of payment for hot water supply for general house purposes is as follows:

(2,000 - 1,200 - 500) x 45/4000 = 3.375 cubic meters 3.375 x 90.00 = 303.75 rubles

Summarizing the presented examples of calculations, it should be said that in the absence of a collective meter, the volume of hot water for common house needs will be determined by the area of ​​\u200b\u200bpremises in common house ownership and the tariff for hot water supply.

It is important to know that if extra cubic meters of hot water are found, a common house meter will allow you to understand the causes of this phenomenon. If there is no such meter, then it is not possible to find the cause of the surplus and influence the amount of payment for the general house consumption of hot water.

• Checking water meters: frequency and legislative regulation

Calculation of the load of hot water supply

The calculation of the load of hot water supply is required to be made when:

• reduction of calculated thermal loads;
• reduction of heating costs;
• coordination of changes in the composition of heat-consuming installations (change in the number of heaters or disassembly of the ventilation system). This happens if the type of ventilation is changed in the room or a thermal curtain is installed;
• the need to confirm that the new heat load and heat consumption are in line with the design norms;
• planning your own heating system;
• planning an individual heat supply unit;
• if necessary, correct distribution of heat load between sub-subscribers;
• connection to the common heating main of new facilities (single and/or complex structures);
• signing a new contract with a heat supplier;
• the need to specify heat loads in non-residential premises for individual institutions;
• repayment by organizations of the cost of services by calculation (in cases where it is impossible to install a meter);
• unreasonable increase in the consumption of heat energy by the supplier or management company.

As for the rights of consumers in the field of calculating thermal energy for hot water supply, they are fixed:

• in all standard contracts concluded regarding the supply of heat and energy resources;
• in the order of the Ministry of Regional Development of the Russian Federation dated December 28, 2009 No. No. 610 “On approval of the rules for establishing and changing (revising) thermal loads”.

According to this document, the reconsideration of contractual indicators should be preceded by the creation of a technical report, which will reflect the calculation of heat loads, as well as arguments for the need to adjust or reduce the heat load on a particular object.

In addition, the order of the Ministry of Regional Development of the Russian Federation of December 28, 2009 No. No. 610 allows adjustments to be made to the calculation of heat for hot water supply, heating and ventilation in the following cases:

• during the overhaul;
• when restoring internal engineering structures aimed at reducing waste of energy resources;
• when strengthening the thermal insulation of a particular object;
• when carrying out other procedures aimed at saving energy resources.

Before starting the revision of thermal loads for buildings in operation and connecting new objects to the general system, it is required:

• collect all available information about the object;
• carry out an audit of the facility's power system;
• to carry out the calculation of thermal loads for hot water supply, heating and ventilation based on the results of the check;
• write a technical report;
• discuss the report with the supplier of heat and power resources;
• make adjustments to the existing one or sign a new contract with the energy supplier company.

Hydraulic calculation of hot water supply

The main goal of the hydraulic calculation of hot water supply is the calculation of the dimensions (in particular, the diameter) of the pipes through which water is supplied, and the costs of pressure. The starting value for the implementation of such calculations is considered to be the second flow rate, taking into account the value of the residual circulation:

qh, сir = qh (1 + kсir), l/s,

in this case, kсir is the residual circulation index.

To calculate this parameter, it is required to divide the second flow by the circulation inside the hot water supply system. The formula will look like this:

kсir = f(qh/qсir).

In this situation, the conditions are such that kсir ≠ 0 only in the very first parts of the pipeline, despite the fact that qh/qсir is greater than two. In all other cases, kсir will be equal to 0. The important point is that the hydraulic calculation is made before the circulation calculation. This fact implies that the specialist is forced to put forward a hypothesis about the parameters of the qh / qсir ratio (for residential buildings, qh / qсir is usually greater than 2.0) and argue it.

The calculation of the size of the cost of pressure in the water risers, united by an annular jumper into sectional nodes, is made on the basis of the estimated water flow with an index of 0.7. For the estimated flow rate in the annular sections, it is customary to take the highest second flow rate for one of the devices that is subject to maintenance as the lowest threshold.

As for the speed of movement of water in the hot water pipeline, it should not exceed three meters per second. But at the same time, it has been proven that the speed of water, exceeding one and a half meters per second, is the cause of noise.

In order to calculate the diameter of the riser when the resistance does not match, it is customary to take the estimated flow and pressure at the very base of the riser as a basis. If the resistance indicators are identical, the diameter of the extreme riser is taken as a single value.

To carry out a competent hydraulic calculation of any direction, it is required to have an idea about the basic laws of hydrodynamics (among other things, the Darcy-Weisbach equation). But you need to be prepared that each area will impose its own specifics on the implementation of the hydraulic calculation (for example, the calculation in the field of hot water supply is very typical, which eliminates the need to calculate the pressure costs separately).

There is an algorithm for calculating pressure losses in sections of the hot water supply system:

Н = i×l(1 + kl), mm,

where i - specific linear head loss, mm/m; l is the length of the section; kl is an index that takes into account pressure losses in local resistances.

Indicators i are taken from the relevant directories.

Do not forget that there are cases when hard water from the pipeline is heated for hot water supply. This situation is fraught with the appearance of growths inside the pipes (the so-called hardness salts). In this situation, a nomogram is used to calculate the index i.

• Available and required pressure in DHW systems in the drawdown mode

The pressure guaranteed at the inlet and used, if necessary, to supply water for the purposes of hot water supply is called available. Another type of pressure - required, is characterized by the fact that it serves to pass the resistance of the hydraulics when water is supplied to the most remote (remotely and in height) device.

If we take a closed hot water supply system as an example, then the available pressure will be the pressure of the cold water supply at the junction with the hot pipeline. And to calculate the required pressure, the following formula is used:

Nreb \u003d Npod + Nsch + Nvn + Ng + Nsv,

where Нpod - pressure loss in the supply pipelines in the drawdown mode; Нсч - pressure loss in the water meter (water meter); Hvp - pressure loss in the water heater; Hg - the difference between the geodetic indicators of the highest located device and the junction of the hot water supply system with cold water supply; Hsv - free pressure on the device ("on the spout").

For an open system for the supply of heat resources, which involves analysis directly from the heating main, the pressure in the return water supply of the heating main at the hot water supply system connection point will be available. The calculation of the required pressure (in the absence of a water heater) will be carried out as follows:

Nreb \u003d Npod + Nsch + Ng + Hsv,

where Hg is determined from the specific place of connection to the heating main. In hot water supply systems operating on the principle of gravity under the influence of the water column in accumulating vessels, the available pressure is taken directly from the geodetic difference between the indicators of the water level in such a vessel and the device located as high as possible. The calculation of the required pressure for this situation looks like this:

Nreb \u003d Npod + Hsv

• Water treatment technologies and schemes of their application in the field of housing and communal services

Recalculation and calculation of hot water supply

Article 542 of the Civil Code of the Russian Federation establishes that the quality of the energy resources provided must meet the criteria fixed by the law of the Russian Federation, as well as the clauses of the contract for the supply of energy resources. Article 538 of the Civil Code of the Russian Federation prescribes that the above rules be applied to relations arising from the supply of energy resources, since no other procedure is provided for by law.

The temperature of hot water in the water intake units is regulated by clause 2.4 of SanPiN 2.1.4.2496-09 "Hygienic requirements for ensuring the safety of hot water supply systems", approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation of April 07, 2009. No. 20. According to this document, t at the outlet should not go beyond 60 - 75 °C. The prescriptions of SanPin must be strictly observed by those legal entities who, by occupation, are associated with the implementation and establishment of the work of the hot water supply line.

Subparagraph "B" of paragraph 17 of the Rules for Concluding Contracts for the Supply of Energy Resources indicates the importance in this area of ​​such an indicator as the quality of the resources provided, which should ensure the maintenance of common house property at the proper level. Public services must be provided to citizens in full compliance with the Rules for the Provision of Public Services and the conditions for connecting apartment buildings and the common engineering networks connecting them to centralized engineering networks (paragraph 20 of the Rules for Concluding Contracts for the Supply of Energy Resources).

According to clause 5, appendix 1 to the Rules for the provision of public services, the quality of public services in the field of hot water supply must meet the following criteria: ensure compliance with the temperature regime at the pumping point in accordance with the law of the Russian Federation on technical regulation and the provisions of SanPin.

The responsibilities of the repair and construction organization, which is responsible for the supply of water, include ensuring its quality and the desired temperature (in the range from 60 to 75 ° C), although the law of the Russian Federation does not give strict instructions on this issue. The supplier company is responsible for ensuring that the coolant reaches the citizens in the proper quality. If the water temperature indicator turns out to be less than the lower limit established by the regulations (Resolution of the AS WSO of October 12, 2015 No. F04-24751 / 2015 in case No. A45-19993 / 2014), citizens have the right to file a claim with the court, which will oblige the defendant (company - energy supplier) to correct the violations.

Clause 5, annex 1 to the Rules for the provision of public services allows you to allow deviations from the temperature indicators established by law. So, the deviation from the accepted temperature at night from 00 h. 00 min. until 05:00 can be 5°C; in the afternoon from 05 h. 00 min. until 00 h. 00 min. - 3°C. Despite the existence of such reservations, such a provision is not considered the norm. Decision of the Supreme Court of the Russian Federation of May 31, 2013 No. No. AKPI13-394 states that such deviations are indicators of the provision of services of inadequate quality.

In order for the hot water temperature to be 60 ° C at the water intake points, it must be an order of magnitude higher at the entrance to the house. However, as already mentioned, there are no legislative regulations regarding this particular indicator, therefore, in the case of going to court, we can only talk about the fact that the repair and construction company must ensure that the water temperature at the entrance to the house is not less than 60 ° C.

When can the MKD manager apply for the recalculation of the cost of hot water

Paragraph 2 of Article 542 of the Civil Code of the Russian Federation gives citizens the right to refuse to pay for energy resources of inappropriate quality. But the supplier company is also allowed to demand from citizens in this case compensation for energy losses.

There are also legislative regulations regarding changing the procedure for paying for consumed energy resources if they were of inadequate quality or were supplied with interruptions exceeding the allowable period (subparagraph “e” of paragraph 22 of the Rules for Concluding Resource Supply Contracts). Regulate the procedure for recalculating payment Rules for the provision of utility services.

The current legislation of the Russian Federation recognizes the unconditional advantage of the system for monitoring consumed resources by installing meters in the border area between the area of ​​responsibility of the supplier company and the property of citizens. If a meter is installed on the house and there were no complaints about its operation, then the indicators of this device can be considered evidence of the supply of insufficient quality water. The repair and construction organization must provide evidence refuting this information, otherwise the payment for the resources expended must be recalculated (decisions of the AS UO dated January 11, 2017 No. F09-10932 / 16 in case No. A60-59444 / 2015).

This provision is also confirmed by subparagraph “B” of paragraph 111 of the Rules for the provision of public services, which determines the date and time of the start of the provision of low-quality services in accordance with the date and time fixed by the devices intended for this (for example, OPU, IPU, etc.). Moreover, the presence of a meter and its readings eliminates the procedure for confirming the fact of providing services of inadequate quality in accordance with the requirements of section X of the Rules for the provision of public services (decisions of the AS PO dated January 16, 2017 No. F06-15316 / 2016 in case No. A12-4577 / 2016).

In cases where the relevant measuring instruments are not installed on the building, in order to confirm the fact of the provision of poor-quality services, it will be necessary to collect a number of documents, as well as follow the procedure specified in section X of the Rules for the provision of public services:

• fix the citizen's signal to the emergency dispatch service (paragraphs 105, 106, subparagraph "b" of paragraph 111);
• agree with the citizen on the timing of verification of the information provided about the violation, notify the repair and construction organization that the service it provides will be checked if the supplier does not know the reasons for the violation (clause 108);
• to carry out a check at the consumer's signal, all data obtained in its course must be recorded in writing in a certain form (clause 109). The audit is intended to confirm a violation in the quality of the service provided (the act of measuring the temperature at the point of analysis in the living room) and to find out its causes (the act of measuring the temperature at the entrance to the house).

Summary tables and calculations compiled unilaterally by the Criminal Code, in the absence of acts of quality control of public services, will not be accepted by the court as evidence (Resolution of the AC of the Central Organ of October 20, 2016 No. F10-2735 / 2016 in case No. A14-6593 / 2015).

Please note that the regulations do not link the establishment of the fact of supply of a low-quality resource with the fact that the utility service provider recalculates the payment for the low-quality service to the owners of the premises (Resolution of the AS ZSO dated September 19, 2016 No. F04-3939 / 2016 in case No. A03-12727 / 2015), although such a condition can be included in the resource supply agreement on the basis of an agreement between the parties, and then it must be observed.

• Tariff regulation of water supply: on negative trends

How is hot water calculated?

Subparagraph "D" of paragraph 22 of the Rules for Concluding Contracts for the Supply of Resources says that the recalculation of the cost of a poor-quality service is carried out in accordance with the Rules for the provision of public services. This is confirmed by the Decision of the Supreme Court of the Russian Federation No. AKPI13-394, which states that if there are no additional documents that fix the procedure for recalculation, a representative of citizens living in an apartment building can claim a reduction in fees for the provision of services in violation of their quality in accordance with the requirements of SanPin. Moreover, the recalculation should be carried out in the same way as the recalculation for direct consumers (decrees of the AS of the Central Organ of February 29, 2016 No. F10-5264 / 2015 in case No. A09-1717 / 2015).

Paragraph 101 of the Rules for the provision of public services prescribes to reduce the payment for hot water supply for the billing period by the total amount of payment for the entire period of provision of low-quality services in the cases specified in the documents (see Appendices 1 and 2 of the Rules for the provision of public services).

You can determine the total cost of services with a violation of quality by multiplying the cost of the service for the entire billing period (Appendix 2 of the Rules for the provision of public services) by the ratio of the duration of the provision of low-quality services within this period to the total duration of the provision of public services for the billing period.

The following values ​​are used to calculate utility bills for hot water supply:

Pi - the amount of payment for the provided utility service for the billing period (according to Appendix 2 to the Rules for the provision of utility services);

Δ - the total amount of payment for all days of the provision of low-quality services (or the amount by which the payment should be reduced for the billing period);

t - the duration of the provision of low-quality services within one billing period.

The duration of the billing period is determined by the entire duration of the supply of energy resources in accordance with the principles of the constancy and non-stop of this process. Based on the previously described rules for calculating payment (paragraph 2 of clause 101 of the Rules for the provision of utility services), the following formula can be drawn up (assuming that the month consists of 31 days):

Δ = Рi x t / 31 days

The decrease in payment for violation of the temperature regime occurs according to the following principle: payment is reduced by 0.1% for every 3 ° C that is different from the norm (Appendix 2 to the Rules for the provision of public services) and for each hour in total throughout the entire billing period in accordance with Section IX of the Rules for the Provision of Public Services. If the temperature of hot water falls below 40 °C, then each hour of provision of the service in this way in the aggregate for the entire billing period is paid at the rate of payment for the use of cold water.

The calculations are based on the following parameters:

• the amount of payment for the relevant service for the billing period, within which failures in the organization of hot water supply were recorded (Pi1);
• the amount by which the payment for the service is reduced (in %) varies depending on fluctuations in water temperature: - 0.1% for every 3 °C;
• the duration of the provision of services with quality violations in the aggregate for the entire billing period, expressed in hours, (t1) and taking into account the rule of section IX of the already mentioned rules.

Based on all the above information, the calculation of the amount of the fee reduction is carried out according to the following algorithm:

Δ = Рi1 x % x t1

The provision of paragraph 5 of Appendix 1 to the Rules for the Provision of Public Services makes it possible to apply exactly this formula, despite the prescriptions of paragraph 101 of the same Rules.

Unfortunately, in the definitions given earlier there are rough edges that cause numerous disputes and even lead to filing claims. Basically, the misunderstanding is related to two values, the first of which (Pi1) helps to determine the size of the reduction in pay. According to paragraph 5 of App. 1 to the Rules for the provision of public services, this payment is characterized as payment for the billing period within which temperature violations were made. However, it is worth considering in more detail the concept of the billing period and outline its scope.

Clause 37 of the Rules for the provision of public services speaks of the billing period as a period of time equal to one calendar month. This is confirmed by calculations in the Letter of the Ministry of Regional Development of the Russian Federation dated June 04, 2007. No. 10611-YuT/07. It is known that in private clarifications, the Ministry of Construction is also of the opinion that a monthly fee should be taken into account in the calculation.

It should be said that the definitions from the current Rules for the provision of public services coincide in meaning with the wording that has already ceased to have its meaning in the form of performance criteria in the part under consideration (clause 5 of Appendix 1).

Paragraph 101 of the Rules for the Provision of Utility Services states that payment for services for a billing period equal to a month is subject to a reduction by the total amount of payment for each period for the provision of services with violations equal to one day. Thus, it is necessary to calculate the cost of providing low-quality services for 1 day.

The decision of the Supreme Court of the Russian Federation No. AKPI13-394 decides that clause 5 of Appendix 1 to the Rules for the Provision of Public Services fixes such a change in the rules for paying for public services of insufficient quality, in which it is impossible not to pay at all for the supplied water with a violation of quality. If we take the value of the payment for the month as the value of the Pi1 parameter, then even in the case of short and non-serious violations, the amount of the reduction in payment will very quickly approach this indicator, and the citizen will have to be exempted from paying for the hot water supply service for the month in question. Based on this thesis, often judges reject the claims of managers of apartment buildings who provided calculations of the amount of payment, taking into account the amount of payment per month.

So, the Decree of the AC VBO of October 14, 2016 No. No. F01-3504/2016 in case No. A39-6742/2014 says that the developed system of payment for the period of poor-quality implementation of the water supply service, in which the degree of reduction in the amount of payment for the supply of hot water is considered cumulatively for the billing month, implies the possibility of not paying a spent low-quality resource, however, this is wrong. If we take the case in which the temperature of the water supplied to consumers was below the norm by 18 ° C continuously for 9 days, then according to such a calculation system, the payment for hot water per month will be 00 rubles. 00 kop. Having studied in more detail paragraph 101 of the Rules for the provision of public services, one can understand that the settlement period for the provision of a service with a violation of quality should be considered 1 day, which is confirmed by the opinion of many representatives of the panel of judges (see the decisions of the AS ZSO of October 25, 2016 No. F04-4511 / 2016 in the case No. А45-26014/2015, AS UO dated 31.03.2017 No. Ф09-1379/17 in case No. А60-14516/2016, dated 06.02.2017 No. Ф09-11636/16 in case No. А71-4808/2015).

However, in some cases, the judges take the other side and recognize the legitimacy of calculating the amount of payment with a billing period of one month (see, for example, the Decree of the AC ZSO dated 15.06.2016 No. F04-2184 / 2016 in case No. A03-21553 / 2014).

As a possible way out, managers of an apartment building can request from the Ministry of Construction documentary evidence of an objective procedure for calculating a reduction in payment for hot water supply of inadequate quality, which can be used in court as an evidence base. However, the court has the right not to accept this document as evidence, substantiating its position by the fact that the proposed documents do not have the status of normative acts.

In the case when the amount of payment for one day is taken as the basis and a meter is installed on the house, it is more correct to make calculations based on the actual amount of water used per day, which was recorded by the device. If there is no counter, then the calculations are carried out using a formula that requires dividing the total amount of the resource accounted for and delivered to the house by the number of days in the month.

Clause 5 of Appendix 1 to the Rules for the Provision of Public Services prescribes a reduction in the amount of payment for hot water by 0.1% for every 3 ° C of violation of the norm. The following criteria are also introduced here: a deviation from the temperature norms by 5 ° C at night and by 3 ° C during the day is possible. Thus, the exact interpretation of this regulation implies that the payment for consumed hot water should not be reduced if its temperature at night did not fall over 55 °C and below 57 °C during the day. However, if the temperature continues to fall from the already reduced levels, then for every subsequent 3°C ​​(i.e. up to 54°C), the payment will be reduced by 0.1% every hour (at 51°C - 0.2%, etc.). d.). This approach also found support among representatives of the arbitration (decisions of the AC UA of March 31, 2017 No. F09-1379 / 17 in case No. A60-14516 / 2016, the Arbitration Court of the Far East of May 24, 2016 No. F03-976 / 2016 in case No. A24-1520 / 2015).

But Decision of the Armed Forces of the Russian Federation No. AKPI13-394 suggests that the establishment in paragraph 5 of Appendix 1 to the Rules for the provision of public services of permissible deviations from the temperature regime prescribed by SanPiN 2.1.4.2496-09, in fact, means making adjustments to sanitary and epidemiological standards, regulating the level of hot water quality, aimed at compliance with anti-epidemic measures. Such a situation is in conflict with the already mentioned legislative norms and requires the recognition of this norm as invalid in this context. Thus, we return to the fact that any deviation from the prescribed norms will be equated to violations of the quality of the service. The discussed criteria continue to apply in terms of the conditions and procedure for changing the amount of payment. Based on this, it can be concluded that a percentage of 0.1% reduction in payment for the use of hot water of inadequate quality should be charged for any violation of the temperature regime (starting from 57°C during the day and 55°C at night). In accordance with the documentary base, this approach looks more correct. He also finds support in the judiciary.

Guided by these considerations, the managers of apartment buildings should support their position with a calculation that promises great benefits, and build their line on the fact that no deviation from the temperature standards should be allowed.

There is also a nuance related to whether it is possible to calculate the exact amount of payment reduction if the deviation from the norm does not coincide with the “step” prescribed in the regulations. There is a point of view that recommends calculating the reduction in tenths of the payment if the temperature drops by less than 3°C. An example can be given when the water temperature during the daytime dropped to 55°C. In this case, it is possible to calculate that the percentage of the reduction in the payment for the service will be 0.167% (5/3 x 0.1%). However, the question arises as to the legitimacy of such calculations. Clause 5 of Appendix 1 to the Rules for the Provision of Public Services does not allow us to say that this is the right decision. We remember that for every 3°C the payment decreases by 0.1%, this allows us to deduce a certain pattern.

It is this method of carrying out the calculation that is given in the Letter of the Ministry of Regional Development of the Russian Federation No. 10611-YuT / 07. A Resolution of the AS UO dated October 28, 2016 No. No. F09-9955/16 in case No. A71-5017/2015 emphasizes that the calculation of the Criminal Code is incorrect, because takes tenths of a degree into account.

• Review of judicial practice on complaints about the quality of water entering the MKD

Expert opinion

Why control the quality of hot water

A.N. Sokolova,

tax lawyer

The reality is that direct consumers of hot water supply (ordinary citizens, schools, kindergartens and other organizations) cannot, from a technical point of view, use the necessary equipment to monitor the quality of hot water, determine its characteristics such as color, turbidity, the amount contained in water, iron, etc. substances, etc. Also, not everyone can seek legal advice. All this implies that producers and suppliers of heat and energy resources must approach their duties with full responsibility.

A similar position is also manifested in the implementation of strict control over the quality of services provided, in the prompt elimination of identified violations and the implementation of the correct calculation of citizens for the services provided in this case. Such a result can be achieved if all parties to the process of providing the population and other subjects with heat energy direct their efforts to control the quality of the services provided. It is important that the organizations responsible for the provision of energy resources in the matter of payment for services be guided by the letter of the law and do not insist on payments for cases of quality violations. Their actions should be based on the following regulations:

• paragraph 2 of Art. 542 of the Civil Code of the Russian Federation - for organizations engaged in the supply of energy resources;
• Rules for the provision of public services - for management companies.

If these standards are not adhered to, it will be very difficult to get the supplier companies to take proper measures to eliminate possible violations in the process of supplying energy resources. Violations of the rules for the provision of services in this area and the implementation of an incorrect calculation of the population for the low-quality resources provided do not allow optimizing the state of affairs in this area in many settlements.

Reading time: 14 min

The accounting system for consumed utilities is being improved every year. Electronic resources have appeared for remote readings and even devices that independently send data from the meter. However, it is not always possible to completely eliminate errors, and the cost of utilities, in particular for water supply, is often overstated. In such cases, water recalculation helps to avoid further overpayment.

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Legal regulation and grounds for recalculation of hot water and cold water

In order to make a valid application, you need to know the relevant legal regulations. Issues of payment for utilities are regulated by several acts. The most detailed procedure is specified in Resolution 354.

Government Decree No. 354

• terms of use;
• the rights and obligations of the owner, as well as the organization providing services;
• payment order;
• cases of recognition of housing and communal services as poor quality, including facts of violation of their provision;
• features associated with the use of a central cold water and hot water system, or a separate column;
• the responsibility of the parties.

You do not need to fully delve into the text of the document to solve the problem. You should pay attention to specific articles.

• there were errors when entering data into the accounting system - in case of discrepancy with the actual testimony;
• water does not meet sanitary and hygienic standards after cleaning (approved);
• the pressure in the water supply pipes is lower than required;
• emergency deadlines were violated.

All grounds are listed starting at . Paragraphs 86 to 98 describe the procedure for recalculation.

Other legislative acts

1. . You can refer in the text of the application to, indicating the binding of the amount of payment to the regional tariff. The components of payment for utilities are also established - cold water, hot water, sewerage and energy.
2. The concepts of water supply to multi-apartment residential buildings, as well as the rules for the supply of hot water, can be found in.

It is not necessary to refer to these sections, but their knowledge can help in cases of protracted disputes with the management company.

Nuances and grounds for recalculation for water consumption

In order for the recalculation to pass without problems, little is required from the consumer. It is necessary to install meters (it is desirable not to lose technical passports) and take readings in a timely manner.

1. Incorrect information - intentional or accidental.
   It is detected during a scheduled inspection - bypassing apartments by employees. They fix the differences and transmit the data to the settlement center, where the accruals are adjusted. In some cases, recalculation after checking water meters, the next receipt may come with a minus sign, and it will not be necessary to pay utility bills for the next 2-3 months.
2. Violation of the rules for connecting to the central water supply system.
   The audit report is drawn up by specialists of the management company. As a result, the tenant receives an order to fix the connection, as well as charges for unaccounted for water.
3. Interference with the work of the ISP.
   If the seal is broken, then the recalculation will be done only from the date of its renewal. In this case, the application is accepted no later than three months from the moment the interference was discovered - a security measure against unauthorized actions.
4. Low quality CU.
   If the non-compliance with the standards is confirmed, the decision is made in favor of the owner of the apartment. At the same time, he has the right to demand compensation from the management company - the case is regulated by and.

The complication of the situation with incorrect charging of fees usually occurs in the absence of metering devices, as well as in some cases.

If you haven't filed for 2020

It's worth starting from the main. By analogy with the concept of a statute of limitations, there is a limited period in which an application can be filed.

1. Indications were not provided from 1 to 5 months.
   In this case, the meter is considered to be faulty, and the calculation takes place at the calculated average monthly rate. In this case, recalculation is possible only after the responsible persons check the state of the counters. If the device is in good working order and the seals have not been damaged, then you can apply.
2. From half a year or more.
   Skipping 6 billing periods in a row is the basis for refusing to reduce the amount of payment. In this case, the management company is obliged to initiate an IPU check and take readings. This issue is described in more detail in.

You should not miss the dates for submitting information from meters for a long time, because the difference in tariffs is significant. In addition, it is worth considering unforeseen circumstances, due to which 2 missed months can turn into six months, making the loss of funds irrecoverable. This threatens the formation of debt in payment receipts.

If there are no counters

A separate point is the recalculation for KU in apartments where the meter is not installed. Such cases are described in . The reason for this is the absence of the tenant for more than 5 days in a row.

1. Only recalculation for hot and cold water is provided. Water disposal for general house needs is not affected.
2. Documents must be attached to the application to confirm the fact of departure.

At the same time, it is possible to appeal to legislative acts only if it is impossible to install a water meter. If metering devices are not installed at the request of the CU consumer, the application will be refused.

The state strictly suppresses attempts to abuse the rights. For example, the provision of an apartment for rent during the absence. If it is discovered that someone is living on the premises, at best, a refusal will be received, and at worst, liability for fraudulent activities.

Recalculation for hot water of inadequate quality

The most significant part of the utility bill is hot water.

1. Heat. The minimum DHW temperature is 65 degrees. At the same time, the permissible difference for the daily period is set - a discrepancy of up to 3 (daytime) and 5 degrees (at night). If barely warm water comes out of a hot tap (below 40 ° C), payment is made according to the cold water tariff.
2. If the DHW is "rusty", then a test can be initiated. In practice, the method is of little use, when water of inadequate quality is supplied continuously, most likely, planned work is taking place. In this case, it is difficult to prove the fact of violation of the terms of their duration.

For recalculation for low-quality hot water, a special formula is used.

The formula for recalculating hot water of inadequate quality

The interval in which the hot water supply does not correspond to the norm is from 40 to 64 ° С. Above is acceptable, below is considered cold. For every three degrees below the norm, the cost of the service falls by 0.1%. The calculation algorithm is indicated in paragraph.

Example

For convenience of calculations, we will take a tariff of 330 rubles per square meter.

1. A multiplier is determined - 0.1% for every three degrees of deviation. Total, 0.3%.
2. The tariff is divided by the number of calendar days in the period. 330 / 30 = 11 rubles for every 24 hours.
3. The fee for 1 day, the coefficient and the number of hours in the billing period are multiplied - 11 * 0.003 * 720 = 23.76. This is the recalculation amount.
4. The resulting value is deducted from the monthly tariff. The total payable will be 330-23.76 = 306.24 rubles.

For your information: the decrease in service is considered not in tenths, but in fractions of a percent, i.e. not 0.1, but 0.001.

Recalculation for hot water during a scheduled shutdown

If the DHW is turned off during the annual work at the Vodokanal, the conditions specified in:

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• duration of events every 12 months. - no more than 14 days;
• consumers must be notified 10 days prior to shutdown.

In case of violation of the deadlines, the fee is reduced by 0.15% for each hour of excess. If the duration is respected, then the recalculation for hot water will not be presented.

Note: There are also maximum time limits for unscheduled suspension. In case of accidents, the DHW should not be turned off for more than 4 hours in a row.

How to write an application for recalculation

There is no strict format for writing an application. It is enough that it contains all the necessary data. In addition, you should correctly indicate information about the applicant and the organization to which the appeal is received. It is also worth preparing the necessary documents and taking into account the time limits for submitting an application.

Limitation period for recalculation for hot water

This nuance is important for consumers of utilities when it is impossible to install metering devices. There are time limits for filing an application in case of departure. You must apply for recalculation no later than 1 month from the date of return. In case of delay, the adjustment of accruals will be denied.

It is best to write a statement before departure, attaching documents confirming the period of absence. Application processing time - 5 working days.

Application for recalculation of water by meters

The application is submitted in writing.

1. The name of the Criminal Code and the responsible person.
2. FULL NAME. and contacts of the applicant.
3. Request for recalculation.
4. Indication of justifications with references to laws.
5. Information about the calculation of the fee, the amount of which is disputed.
6. Signature and date.

The easiest way is to draw up an application for the recalculation of water according to the meters according to the model.

Required supporting documents

Before applying to the Criminal Code, you need to collect documents for attachment to the application.

• certificate of verification of the meter with the act of reconciliation of testimony;
• results of measurements of hot water temperature;
• documents on turning off water supply;
• expert opinion on the quality of hot water samples.

The more papers you can provide, the higher the chance of a decision in favor of the consumer. The presence of all relevant acts on the problem is an indicator of the correctness and validity of the appeal.

Where to complain in case of refusal to recalculate water

After submitting an application without evidence, the management company may refuse to recalculate.

• violation of the statute of limitations;
• ignoring the need to check the IMS for responsible persons to have access to meters.

If the application was drawn up correctly, the documents are attached, and the Criminal Code still refuses to recalculate, then you can write a claim. It is submitted to the state housing inspection.

It is necessary to describe the problem, complain about the illegal actions of the Criminal Code, list the names of employees and the dates of submission of applications. In the text, you can refer to the violation of the Housing Code by the management company - and in the form of non-fulfillment of obligations. A copy of the application should be attached to the complaint, ideally with a note of delivery from an employee of the management organization.

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For your information: in order to improve work with consumers, most CCs record conversations. It would be useful to indicate the dates and approximate time of calls if there were attempts to solve the problem by phone.

• registration - within three working days;
• 1 month takes the review itself, during the same period, checks are carried out;
• The response is sent to the specified contact information.

As a result, it is allowed to initiate a procedure for analyzing the activities of the Criminal Code, which can result in large fines and referral of the problem to the court. Sometimes facts are revealed that do not allow the housing inspectorate to act within its competence. In this case, the applicant receives a refusal with an explanation and an indication of the authorities to which the claim is redirected.

Judicial practice on recalculation after verification of water meters

The last instance, where they turn to, if necessary, recalculation is the court. The lawsuit should list violations of articles of the LCD and rights by the Criminal Code. In this case, the state fee is not paid, since the appeal is considered a claim for the protection of consumer rights.

Additionally, the possibility of pre-trial settlement and the amount of compensation to be paid by the management company are indicated. The rest is a standard claim.

Going to court is a last resort and usually never comes to that. Recalculation for water by meters is a standard procedure, and most often occurs due to a common mistake. It is important to promptly respond to inflated charges in payments and seek compensation.

The temperature of hot water in the tap according to the standard in 2020 is regulated by SNiP (building codes and regulations) N II-34-76 and SanPiN 2.1.4.2496-09. These documents determine the quality of water supplied to residential buildings for household and drinking needs.

Poor quality of tap water

In addition to temperature, hot water must meet parameters such as purity and pressure. What is the use of hot water if it runs in a thin stream or is dirty? Increased pressure is also not a reason for joy: it entails the breakdown of couplings, valves and other elements of the water supply system.

For hot water, pressure limits are set from 0.3 to 4.5 atmospheres. Going beyond these boundaries is a direct reason for applying to the Criminal Code for recalculation.

Impurities in the aquatic environment can be both organic and inorganic origin: rust, getting into the earth system, rotting wood, etc. If such cases are frequent and prolonged, it is necessary to file a complaint with the water utility with a request to inspect the treatment systems, which should be carried out jointly with the housing office.

How to file a complaint?

As you know, the Rules for the provision of public services, approved by the Decree of the Government of the Russian Federation of 05/06/2011 N 354 (hereinafter - Rules 354), provide for a reduction in the cost of utilities in case of non-compliance with the quality of services to established standards and in the event of interruptions in the provision of these same services that exceed the established duration. Let's try to figure out how the presence or absence of a utility meter affects the size of the recalculation.

Recalculations related to the discrepancy between the quality of services and established standards are not affected by metering devices for the volume of consumed services; there are no disputes in this matter.

A much more interesting question is how recalculations should be made due to interruptions in the provision of utilities, depending on the presence / absence of metering devices for these utilities.

Practically throughout the Russian Federation, the following practice has developed: recalculations for the underdelivered volume of utility services are provided to the owner/tenant of the premises only in the absence of ISP. And if the device is available, it is considered that the device during the period of non-provision of the service already shows zero consumption, thereby measuring the actual volume of consumption of the service, the cost of which is presented for payment to the owner / tenant, whose premises are equipped with an individual metering device. For some reason, such a scheme for providing recalculations is considered fair and consistent with current legislation.

The logic of such "recalculators" is simple: a person must pay for the amount of utility services provided. If he installed the IPU, then the device will measure the volume, and you need to bill for this volume. If there is no device, and the calculation is carried out according to the standard, then the volume of the actually consumed service must be calculated taking into account the interruption in the provision of this service, i.e. do a recalculation.

Adherents of such logic forget one essential point. The recalculation of the cost of the CU aims not only to determine the payment for the actually consumed volume of the service, but also some kind of "penalties". After all, the peculiarity of the utility service is that it should always be available! Any owner / tenant of an apartment has the right to expect that when the valve is turned, water will flow from the tap. And if this water does not flow, i.e. service is not available, then not only should the fee for this service be canceled, but some “damage” caused to a conscientious consumer should also be compensated.

That's just such logic is confirmed by the legislation!

Paragraph 98 of Rules 354 establishes: “When providing a consumer ... a utility service ... with interruptions exceeding the established duration, as well as interruptions in the provision of a utility service for repair and maintenance work within the established duration of breaks, the amount of payment for such a utility service for billing period is subject to reduction up to the complete exemption of the consumer from payment such a service...

What does “up to full exemption from payment” mean? After all, guided by the logic of the absence of recalculations in the presence of ISP, it is obvious that full exemption from payment can be only with zero consumption of the service (according to ISP). If the device shows at least a liter of water, then this water must be paid.

And when are the "regulators" (who do not have IPU) exempted from payment? It is logical to assume that they are exempted from payment when the service was not provided at all during the billing period!

What does Rule 354 say about this?

The aforementioned clause 98 of Rule 354 reads: “... the conditions and procedure for changing the amount of payment for utilities when providing utilities of inadequate quality and (or) with interruptions exceeding the established duration are given in Appendix No. 1 to these Rules ... ".

We open Appendix 1. We see that during interruptions in the provision of any type of utility service over the established limit, a recalculation is carried out in the amount of 0.15% for each hour of such an excess.

And the limit on the duration of breaks is set, I must say, low. For cold water, hot water, water disposal - 8 hours per month (total), for gas supply - 4 hours per month (total), for heating and electricity - 24 hours per month (total).

Consider an example. Cold water was turned off in the house. Let this happen in a month that has 30 days. There was no water for 29 days. On the thirtieth day they gave water, and people began to wash, wash everything around, etc. In general, they consumed water in an amount many times higher than their usual consumption. Then all the tenants applied for recalculation.

And here is the recalculation for the "normatives":

The interruption in the provision of cold water was 29 days X 24 hours = 696 hours. Permissible break 8 hours. For each hour over the allowable break, the fee must be reduced by 0.15%. The total fee will decrease by (696 - 8) x 0.15 = 103.2%! Those. there will be just a case of "complete exemption of the consumer from payment."

And the “happy” owners of the IPU will be told: “And your meters for this very day have wound up two cubic meters! Please pay!" Let's not be surprised at "injustice", in most of the Criminal Code and RSO, all our indignations will reasonably be noted: "Law and justice are different things!" And they will be right, but not in this case.

Let's not talk about justice and immediately turn to the law.

Once again, carefully read paragraph 98 of Rule 354 ( quoting it in full):

« 98. When providing in the billing period to the consumer in a residential or non-residential premises or for common house needs in an apartment building, utility services of inadequate quality and (or) with interruptions exceeding the established duration, as well as during interruptions in the provision of utility services for repair and maintenance work in within the established duration of breaks, the amount of payment for such a utility service for the billing period is subject to reduction up to the complete release of the consumer from payment for such a service.

Requirements for the quality of public services, permissible deviations from these requirements and the permissible duration of interruptions in the provision of public services, as well as the conditions and 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, are given in the Appendix. N 1 to these Rules.

If, in accordance with these Rules, the amount of the payment for the utility service for the billing period is formed incompletely and is subject to further adjustment, then the amount of the reduction in the payment for the utility service for such a billing period cannot exceed the finally calculated amount of the payment for the corresponding utility service for such a billing period.

So, as we can see, there is no mention of the dependence of recalculation on the presence or absence of a counter!

Those. for a break in the provision of public services to owners / tenants of premises equipped with ISP, need to recalculate! There can be no other interpretation of paragraph 98 of Rules 354!

The question immediately arises - how then to apply paragraph 99 of the same Rules 354? After all, it says right there: In case of interruptions in the provision of public services exceeding the established duration, as well as in the event of interruptions in the provision of public services for repair and maintenance work within the established duration of breaks, the amount of payment for such a public service, calculated in the absence of a collective (general house), individual or common (apartment) metering device of the corresponding type of utility resource, is reduced by the amount of payment for the volume of utility services not provided».

What does it mean? Paragraph 99 contradicts paragraph 98? Or refines it?

In fact, there is no contradiction or clarification. Clause 98 and clause 99 are subject to application. And they are talking about two different recalculations.

Paragraph 99 just establishes the obligation to make the type of recalculation that is basically applied now. This recalculation is associated with a reduction in fees for the cost of undelivered utility services. In this case, we are really talking about determining the actually consumed volume of the service. Therefore, for premises equipped with metering devices, this volume is determined by the IPI, and recalculation is not required, but for premises not equipped with IPI, the actual volume consumed must be calculated, namely, reduce the standard value by an amount proportional to the duration of the interruption in the provision of services for billing period. It is this procedure that is established by clause 100 of Rules 354.

And here paragraph 98 establishes "penalties" for service interruptions. And these "sanctions" are applied regardless of the presence / absence of metering devices.

Thus, recalculations for interruptions in the provision of CG are made as follows:

1. For premises not equipped with IPU:
1.1. Based on clause 99 of Rule 354, the amount of consumed HC must be reduced. The procedure for calculating the volume by which the volume established by the consumption standard is subject to reduction is given in clause 100 of Rules 354.
1.2. On the basis of clause 98 of Rules 354, the payment for consumed HC is reduced (in the amount reduced on the basis of clause 99) in accordance with Appendix 1 to Rules 354.

That is, first the actual volume of the consumed service is determined (by reducing the consumption standard), then the cost of this actually consumed volume is reduced by 0.15% for each hour of exceeding the permissible duration of the interruption in the provision of CG.

2. For premises equipped with IPU:
2.1. On the basis of clause 98 of Rules 354, the payment for consumed CG is reduced (in the amount determined by the ISP) in accordance with Appendix 1 to Rules 354.

That is, the actual volume of the consumed service is determined by the ISP, then the cost of this actually consumed volume is reduced by 0.15% for each hour of exceeding the permissible duration of the interruption in the provision of CG.

I repeat once again: recalculation for a break in the provision of a utility service exceeding the allowable duration, in accordance with Rules 354, is provided to all consumers, regardless of the presence or absence of utility meters

continuation of the topic of recalculations