Obtaining services is one of the topics that requires knowledge at the level of regulations and legal precedents. The work of communal services is far from lack of criticism from the residents. And when receiving low-quality services, you need to understand that utilities must pay for these inconveniences.
One of the most common violations of the rights of residents as consumers is the reduced parameters of hot water supply. For this, utilities are required to comply.
The formation of the cost of hot water supply occurs in the following main ways:
- If there is a water meter - by multiplying the value of the established tariff by the number of cubic meters of water used, based on the readings of the water meter.
- With unmetered consumption, payment is the product of the consumption rate per consumer, the number of persons registered in housing and the estimated tariff.
The full estimated cost is charged with the quality of the service. These parameters are regulated by law. According to SanPin 2.1.4.2496-09, the supplied hot water, at the place of receipt by the tenant, must correspond to the temperature regime within the range from 60 degrees to 75 maximum. Such conditions should be provided all year round.
There are slight changes in the parameters depending on the time of day. So, in the daytime, deviations are possible, but not more than 3 degrees. At night, from 0 o'clock to 5 o'clock, such a deviation is no more than 5 degrees.
Actions when a temperature mismatch is detected
To receive a refund for poor-quality services, you must draw up an application for recalculation under the article hot water supply . The application is drawn up on the merits of the issue with a copy of the temperature measurement certificate attached. Reduction of payment is made directly for the period fixed in the act.
It is important to know how to properly recalculate for water supply. There are several types of calculations:
- At a temperature of hot water below 40 degrees - the cost of a cube of water is equal to the price per cubic meter of cold water.
- With temperature parameters above 40 degrees and up to standard indicators, the calculation consists of a decrease for every 3 degrees from the norm by 0.1 percent of the payment.
Actions also differ depending on the availability of a meter. When paying for the service according to the standard, the reduction in the cost of hot water at low temperature is carried out in the usual way according to formulas. If there is a meter, the recalculation of water supply depends on the timely transmitted readings of the meter. If the meter readings have not been transferred to the Criminal Code for more than 6 months, then it can be problematic to insist on a refund or not charging excessive amounts.
The issue of revising the payment for a low-quality service must be addressed in parallel with the elimination of the causes that led to this situation. The reason may be a malfunction of engineering equipment. And fixing it can take a long time. Only perseverance will help you return the opportunity to receive quality service.
The planned shutdown of hot water supply is carried out for the summer period for the repair of water supply networks, in case of accidents, interruptions in the operation of equipment.
The law provides a clear mechanism for the operation of utilities for calculating payments.
- The Housing Code of the Russian Federation of December 29, 2004 N 188-FZ establishes criteria for the quality of the provision of housing and communal services.
- Federal Law No. 416-FZ of 07.12.2011 “On Water Supply and Sanitation” regulates legal relations in the field of water supply, lists the requirements for the quality and safety of water resources.
- Federal Law No. 2300-1 of 07.02.1993 "On Protection of Consumer Rights" defines the rules for interaction between sellers (executors), buyers.
- Decree of the Government of the Russian Federation of 05/06/2011 No. 354 "On the provision of utilities to owners and users of residential premises in multi-apartment buildings" contains criteria for the quality of communal resources (Appendix 1), the procedure for their payment, provision, responsibility of the parties (Articles 149-160), practice recalculation (Chapter 8).
- Decree of the Government of the Russian Federation of February 26, 2016 No. 1498 “On the provision of public services and the maintenance of common property in an apartment building” introduces some clarifications for resource supply organizations and citizens.
- SanPiN 2.1.4.2496-09 "Hygienic requirements for ensuring the safety of hot water supply systems" names the hygienic requirements for the quality of resources, the organization of centralized water supply systems.
Is it legal to charge
The current legislation, the rules of contractual legal relations establish that money can be charged only for the services actually provided. Therefore, the amount of payment for hot water supply during a planned long break is reduced by this volume.
The legislator has established the permissible duration of non-provision of hot water:
- a total of 8 hours per month;
- no more than 4 hours at a time;
- 24 hours in case of an accident on the highway.
The maximum DHW interruption in summer can be two weeks. If repairs are delayed, the issue of payment becomes acute. It is produced for the entire time of the absence of the resource.
The issue of accrual may arise not only among residents who have not provided their water supply systems with meters. If they are available, the citizen independently transmits the readings of metering devices, controls the correctness of their reflection in receipts. But when cold water flows from both taps, and the meter turns to hot, the fee must also be recalculated. To avoid such situations, it is better to turn off the riser during a break.
IMPORTANT! If there are no meters, then the accrual is carried out according to the standard, depending on the number of persons registered in the living space.
Should they recalculate during a planned shutdown
Hot water should not be paid in full for a period of time longer than allowed, when the water temperature does not exceed +40°C. At this time, the cost is gradually reduced to the cold water tariff. If the receipt contains an illegally accrued amount for DHW, you must apply for a recalculation.
In the event of a planned outage for 14 days, the service fee is not charged. If the repair is delayed, and water does not exceed + 40 ° C from the tap, the payment for its consumption is equal to the cost of cold water.
How is it happening
The recalculation is done up to the complete exemption from payment of hot water supply.
IMPORTANT! Regarding the current break: every hour over the allowable shutdown, the amount of the DHW fee must be reduced by 0.15%.
If restoration work is delayed, the total should be calculated at the cold rate.
Timing
The consumer will see the result of the recalculation in the receipt of the current month. If the amount remains the same, you need to contact the state supervisory authorities to protect your rights.
How to do it
If the water shutoff was planned, turned out to be lengthy, or the emergency dispatch service accepted applications from residents, most often the cash settlement center (RCC) independently adjusts the fee for the unprovided resource. If this does not happen, you must apply there with the appropriate application.
Statement
The claim is sent to the management of the RCC, which is obliged to make accruals. The document must contain information:
- Full name of the head, name of the addressee organization.
- Full name, registration address of the applicant.
- The title of the document is Application.
- Accurate data on non-provision of water: date, time, information about the presence or absence of metering devices. If they are, then add the water meter readings before and after the break. There must be links to an agreement with the UK or RSO.
IMPORTANT! Attach to the application a receipt with an overcharge, an act on the provision of low-quality services, if it was drawn up, an extract on the absence of payment arrears, a document of ownership or a lease agreement.
What to do if denied
When the cash settlement center refuses to recalculate, it is necessary to involve public authorities in resolving the dispute.
It is necessary to send a written complaint to the State Housing Inspectorate and Rospotrebnadzor.
If this does not help, you can contact the prosecutor, and then resolve the dispute through the courts.
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 parsing 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, annex 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 in the water intake unit 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 by the Criminal Code unilaterally, 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 recalculation procedure, 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 drops below 40 °C, then each hour of the 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 the filing of 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 activity criteria in the part under consideration (clause 5 of Appendix 1).
Paragraph 101 of the Rules for the provision of public services states that payment for services for a billing period equal to a month is subject to a reduction in 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 paragraph 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 monthly payment as the value of the Pi1 parameter, then even in the case of short-term and non-serious violations, the amount of payment reduction will very quickly approach this indicator, and the citizen will have to be exempted from paying for hot water supply services for the month in question. Based on this thesis, judges often 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, 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, Decree of the AC ZSO of June 15, 2016 No. F04-2184 / 2016 in case No. A03-21553 / 2014).
As a possible way out, managers of an apartment building can request documentary evidence from the Ministry of Construction 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, justifying 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 dated 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 multi-apartment buildings should support their position with a calculation that promises great benefits, and build their line on the fact that no deviations from temperature standards can be allowed.
There is also a nuance related to whether it is possible to calculate the exact amount of the reduction in payment 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 in 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.
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?
