The next topic is insulation for the exterior walls of the house. The choice of materials for the insulation of the outer walls of the house. The use of liquid thermal insulation

Clarifications were given on the consideration by the courts of disputes on payment for housing and communal services and housing by citizens-owners and tenants (social hire) in apartment buildings.

General issues of normative regulation, some procedural points are touched upon.

The structure of payment for housing and utilities, the rules for its determination, payment, recalculation (including during the period of temporary absence of residents) are analyzed.

It is noted that the payment for the maintenance and current repairs of common property in the house is paid regardless of the fact of using it (for example, an elevator). The absence of a written agreement between the owner and the managing organization also does not exempt from paying this fee.

According to the Housing Code of the Russian Federation, when providing utilities of inadequate quality and (or) with interruptions exceeding the established duration, tenants (owners) have the right to reduce the amount of payment. It is emphasized that a reduction in fees is possible up to a complete exemption from it.

In addition, in such cases, citizens can make claims under the Consumer Protection Law.

The fact of non-provision or improper provision of services can be confirmed not only by an act drawn up by the contractor. Any evidence allowed by the Code of Civil Procedure of the Russian Federation (including testimony of witnesses, audio and video recordings, expert opinions) may be taken into account.

It is explained that it is necessary to pay for housing and utility services, even if the written form of the social lease agreement is not observed. Moreover, the family members of the employer are jointly and severally liable with the employer for non-payment.

The person who accepted housing from the developer pays for the maintenance of such premises and services from the moment it is transferred to him under the act (other similar document).

Some nuances related to the design and issuance of receipts for payment are highlighted. It is emphasized that the consumer cannot be obliged to receive a receipt for payment only in paper or only in electronic form.

The issues of providing social support measures in this area are considered.

Decree of the Plenum of the Supreme Court of the Russian Federation of June 27, 2017 N 22 Moscow "On some issues of consideration by the courts of disputes over payment for utilities and housing occupied by citizens in an apartment building under a social tenancy agreement or owned by them on the right of ownership"

In order to ensure the uniformity of the practice of application by the courts of legislation regulating relations for payment of utilities and residential premises occupied by citizens in an apartment building under a social tenancy agreement or owned by them, as well as taking into account the issues that arise with the courts when considering this category of cases, the Plenum of the Supreme The Court of the Russian Federation, guided by Article 126 of the Constitution of the Russian Federation, Articles 2, 5 of the Federal Constitutional Law of February 5, 2014 No. 3-FKZ "On the Supreme Court of the Russian Federation", decides to give the following clarifications:

General provisions

1. The Constitution of the Russian Federation guarantees everyone the right to housing, the possibility of realizing which, among other things, determines the establishment of an affordable fee for housing for certain categories of citizens (Part 3 of Article 40 of the Constitution of the Russian Federation).

Citizens, exercising the right to use residential premises and the right to receive utilities of adequate quality, are responsible for the timely and full payment of residential premises and utility services provided (Article 153 of the Housing Code of the Russian Federation).

2. Relations on payment by citizens of housing and utilities are governed by the provisions of the Housing Code of the Russian Federation (hereinafter referred to as the HC RF), the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), other federal laws (for example, Federal Law of March 26, 2003 No. 35 -FZ "On Electricity", Federal Law of July 27, 2010 No. 190-FZ "On Heat Supply", Federal Law of December 7, 2011 No. 416-FZ "On Water Supply and Sanitation"), regulatory legal acts issued in accordance with specified federal laws (for example, the Rules for the provision of utility services to owners and users of premises in apartment buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354, the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance and repair of residential premises in in the case of the provision of services and performance of work on the management, maintenance and repair of common property substances in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491).

Subject to the provisions of Clause 9 of Article 13 and Clause 10 of Part 1 of Article 14 of the RF LC, relations regarding payment for housing and utilities may also be regulated by regulatory legal acts of the constituent entities of the Russian Federation and local governments.

The powers of state authorities of a constituent entity of the Russian Federation in this area include, in particular: the establishment of a minimum contribution for capital repairs (part 8.1 of Article 156 of the LC RF); approval of standards for the consumption of utilities, including standards for the accumulation of municipal solid waste (Part 1 of Article 157 of the LC RF).

Local self-government bodies, for example, have the right to establish the amount of payment for the use of residential premises (rental fees), fees for the maintenance of residential premises for tenants of residential premises under a social rental agreement, and the amount of payment for the maintenance of residential premises for owners of residential premises who have not made a decision on choosing a method for managing an apartment building (part 3 of article 156 of the Housing Code of the Russian Federation).

3. The relations for the provision of public services to tenants of residential premises under a social tenancy agreement (hereinafter referred to as tenants), as well as to owners of residential premises in apartment buildings (hereinafter referred to as owners) using residential premises for living, are subject to the Law of the Russian Federation of February 7, 1992 No. 2300-I "On the Protection of Consumer Rights" in the part not regulated by special laws (part 4 of article 157 of the RF LC).

Procedural issues

4. Disputes related to payment by citizens of housing and utilities are considered by justices of the peace, as well as other courts of general jurisdiction in civil proceedings (Articles 22 and 23, Chapters 11, 12 and 21.1 of the Civil Procedure Code of the Russian Federation, hereinafter referred to as the Code of Civil Procedure of the Russian Federation ).

5. Claims for the recovery of the amount of arrears in payment for housing and utilities, not exceeding five hundred thousand rubles, are subject to consideration in the order of writ proceedings (clause 1 of part 1 of article 23, part 1 of article 121, paragraphs ten and eleven of article 122 of the Code of Civil Procedure of the Russian Federation).

In the event that the acceptance of an application for issuing a court order for the collection of debts for payment of housing and utilities by a justice of the peace is refused on the grounds specified in part 3 of article 125 of the Code of Civil Procedure of the Russian Federation, or the court order issued according to these requirements was canceled (Article 129 Code of Civil Procedure of the Russian Federation), these requirements can be considered in the order of action, including simplified, proceedings.

6. When determining the generic jurisdiction of disputes related to payment for housing and utilities by tenants (owners), one should be guided by the rules established by Articles 23 and 24 of the Code of Civil Procedure of the Russian Federation.

For example, claims for the recalculation of fees in connection with the provision of communal services of inadequate quality with a claim value not exceeding fifty thousand rubles are within the jurisdiction of a justice of the peace, and claims for determining the procedure for paying fees for housing and utilities, as claims that are not subject to evaluation, are jurisdictional district court.

7. As a general rule, claims for the recovery of debts for payment by tenants (owners) of housing and communal services are considered at the place of residence of the defendant (Article 28 of the Code of Civil Procedure of the Russian Federation).

Claims of tenants (owners) may also be brought to court at the place of residence or at the place of stay of the plaintiff or at the place of conclusion or place of execution of the contract (Part 7 of Article 29 of the Code of Civil Procedure of the Russian Federation).

8. When determining the circle of persons entitled to apply to the court with claims related to payment by citizens of housing and utilities, the courts should take into account that the prosecutor has the right to apply to the court with an application on the basis and in the manner prescribed by Article 45 of the Code of Civil Procedure of the Russian Federation.

The structure of payment for housing and utilities

9. The payment for housing and utilities for the tenant, as well as the owner, includes:

Payment for the maintenance of residential premises (payment for services, work on the management of an apartment building, for the maintenance and current repair of common property in an apartment building, for utilities consumed in the maintenance of common property in an apartment building);

Payment for utilities (payment for cold water, hot water, electricity, heat energy, gas, household gas in bottles, solid fuel in the presence of stove heating, payment for wastewater disposal, municipal solid waste management (paragraphs 2, 3 of the 1, paragraphs 1, 3 of part 2, part 4 of Article 154 of the LC RF).

In the case of direct management of an apartment building by the owners of premises in an apartment building, as well as in cases where the owners of premises in an apartment building do not choose the method of managing such a house or the chosen method of management is not implemented, the utility service fee includes, among other things, payment for cold water , hot water, electrical energy consumed in the maintenance of common property in an apartment building (part 5 of article 154 of the Housing Code of the Russian Federation).

10. Payment for residential premises and utilities for the tenant also includes payment for the use of residential premises (rental fee (clause 1 of part 1 of article 154 of the RF LC)).

Citizens recognized as poor in accordance with the procedure established by the Housing Code of the Russian Federation and occupying residential premises under social tenancy agreements (Part 9 of Article 156 of the HC RF) are exempted from paying a fee for the use of residential premises (rental fees).

Normative legal acts of the constituent entities of the Russian Federation may exempt other categories of citizens from paying for the use of residential premises.

11. Payment for housing and utilities for the owner also includes a contribution for major repairs (clause 2 of part 2 of article 154 of the LC RF).

12. Tenants and owners are obliged to pay a fee for the maintenance and current repairs of common property in an apartment building, regardless of the fact of using the common property, such as an elevator. The absence of a written management agreement between the owner and the managing organization does not exempt him from paying a fee for the maintenance of common property 162 LCD RF).

13. When resolving disputes related to the payment of fees for the maintenance of common property in an apartment building, one should proceed from the fact that only property that meets the criteria enshrined in Article 36 of the LC RF and paragraph 1 of Article 290 applies to common property in an apartment building. Civil Code of the Russian Federation.

In particular, the common property in an apartment building includes a land plot on which this house is located, with landscaping and landscaping elements, which is formed and in respect of which the state cadastral registration is carried out in accordance with the requirements of land legislation and legislation on urban planning (Article 16 Federal Law No. 189-FZ of December 29, 2004 "On Enactment of the Housing Code of the Russian Federation").

14. The maintenance of common property in an apartment building should be understood as a set of works and services aimed at maintaining this property in a condition that ensures compliance with the reliability and safety characteristics of an apartment building, safety for the life and health of citizens, safety of their property, accessibility to use residential and (or ) non-residential premises, common areas, as well as a land plot on which an apartment building is located, the constant readiness of utilities, metering devices and other equipment that are part of the common property for the provision of public services.

15. The composition of the minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, the procedure for their provision and implementation are established by the Government of the Russian Federation (Part 1.2 of Article 161 of the RF LC).

The list of specific works and services performed at the expense of payment for the maintenance of residential premises, the conditions for their provision and performance, as well as the amount of payment for the maintenance of residential premises in an apartment building in which a homeowners association or a housing cooperative or other specialized consumer cooperative has not been established is determined at a general meeting of owners of premises in such a house. The amount of payment for the maintenance of a dwelling in an apartment building is determined taking into account the proposals of the managing organization and is established for a period of at least one year (clause 5 of part 2 of article 44, part 7 of article 156 of the RF LC).

The procedure for holding a general meeting of owners of premises in an apartment building and the procedure for appealing to the court a decision made by a general meeting of owners of premises in such a house are established by Articles 45 and 46 of the Housing Code of the Russian Federation, as well as Chapter 9.1 of the Civil Code of the Russian Federation.

16. When resolving disputes related to the payment of a fee for the maintenance and current repairs of common property in an apartment building, services and work to manage such a house, it should be borne in mind that the amount of such a fee approved by the general meeting of owners cannot be set arbitrarily, must ensure the maintenance of common property in an apartment building in accordance with the requirements of the law and meet the requirements of reasonableness (Part 1 of Article 156 of the Housing Code of the Russian Federation).

17. The managing organization is not entitled to unilaterally change the procedure for determining the amount of the fee for the maintenance of the residential premises and charge a fee for the maintenance of the residential premises in an amount exceeding the amount of such a fee determined in accordance with the concluded contract for the management of an apartment building (part 7 of article 156, part 1 , 2, 3 and 8 of Article 162 of the LC RF, paragraph 1 of Article 310, paragraph 1 of Article 432, Articles 450-453 of the Civil Code of the Russian Federation).

18. The decision of the general meeting of owners of premises in an apartment building on the approval of the essential terms of the contract for managing an apartment building on the procedure for determining the amount of payment for the maintenance of residential premises in an apartment building, recognized as invalid by a court decision, is not subject to application. In this case, the payment for the maintenance of the residential premises is subject to recalculation based on the procedure for determining the amount of the fee, determined in accordance with the previous terms of the apartment building management agreement (part 7 of article 156, parts 1, 2, 3 of article 162 of the LC RF).

19. The amount of payment for the use of residential premises (rent) is established depending on the quality and amenities of the residential premises, the location of the house and is determined based on the total area occupied by the residential premises (parts 2 and 4 of Article 156 of the RF LC).

The amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence - from the standards for the consumption of utilities approved by the state authorities of the constituent entities of the Russian Federation, at the tariffs established by the state authorities of the constituent entities of the Russian Federation, in in the manner prescribed by federal law, or by a local self-government body in the event that it is vested with separate state powers (parts 1, 2 of article 157 of the RF LC).

20. When providing utility services of inadequate quality and (or) with interruptions exceeding the established duration, tenants (owners) have the right to reduce the amount of payment for utilities (up to complete exemption), which is carried out in the manner established by the Government of the Russian Federation (part 4 articles 157 LC RF).

Tenants (owners) also have the right to change the amount of payment for the maintenance of residential premises when providing services and performing work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration. Such a change is made in the manner established by the Government of the Russian Federation (Part 10 of Article 156 of the LC RF).

21. In the event that utility services are provided to the consumer of inadequate quality and (or) with interruptions exceeding the established duration (for example, if the contractor, after concluding an agreement containing provisions on the provision of utility services, did not start providing utilities in a timely manner; if the voltage and frequency parameters in electric network in the consumer's premises do not meet the requirements established by the legislation of the Russian Federation, etc.), the consumer has the right to demand from the person guilty of not providing services or violating the continuity of the provision and (or) quality of public services, compensation for losses, payment of a penalty, monetary compensation for non-pecuniary damage and a fine in accordance with the Law of the Russian Federation dated February 7, 1992 No. 2300-I "On Protection of Consumer Rights" (part 4 of article 157 of the Housing Code of the Russian Federation and paragraph 150 of the Rules for the provision of utility services to owners and users of premises in apartment buildings approved post Decree of the Government of the Russian Federation dated May 6, 2011 No. 354).

22. When resolving disputes about the recalculation of payments for utility services of inadequate quality and (or) with interruptions exceeding the established duration, the fact of non-provision or improper provision of utility services can be confirmed not only by an act of violation of quality or exceeding the established duration of a break in the provision of services drawn up by the utility service provider or an act of non-provision or provision of utilities of inadequate quality, but also by any other means of proof provided for in Article 55 of the Code of Civil Procedure of the Russian Federation (for example, testimonies of witnesses, audio and video recordings, expert opinion).

The contractor of communal services is released from liability for the provision of services of inadequate quality and (or) with a break exceeding the established duration, if he proves that the failure to fulfill obligations or their improper fulfillment occurred due to force majeure, as well as on other grounds provided for by law (paragraph 3 of article 401 Civil Code of the Russian Federation, paragraph 4 of Article 13 of the Law of the Russian Federation of February 7, 1992 No. 2300-I "On Protection of Consumer Rights").

Paying a fee

23. Under a contract for the social tenancy of residential premises, including those obtained under a contract for the exchange of residential premises, the tenant's obligation to pay for residential premises and utilities arises from the date of conclusion of such an agreement (clause 1 of part 2 of article 153 of the HC RF).

Failure to comply with the written form of the contract of social tenancy of a dwelling does not relieve the tenant from the obligation to pay for the dwelling and utilities.

24. Payment for housing and utility services is the responsibility of not only the tenant, but also members of his family living with him (capable and limited by the court in capacity), who have an equal right to housing with the tenant, regardless of their indication in the social tenancy agreement residential premises (clause 5 of part 3 of article 67, parts 2, 3 of article 69 and article 153 of the LC RF).

The named persons shall be jointly and severally liable with the tenant for failure to fulfill the obligation to pay for housing and utilities.

25. A former member of the tenant's family, who retains the right to use the residential premises, is independently responsible for the obligations associated with paying for the residential premises and utilities, in the event that an agreement is concluded with the landlord (managing organization) and the tenant that determines the procedure and amount of his participation in the costs of paying payments for housing and utilities (part 4 of article 69 of the RF LC, article 421 of the RF CC).

In the absence of such an agreement, the court has the right to determine the amount of expenses of the former family member of the tenant for paying for the dwelling and utilities, based on the share of the total area of ​​the entire dwelling attributable to him, taking into account the number of persons entitled to use this dwelling (Article 249 of the Civil Code of the Russian Federation) . At the same time, the landlord (managing organization) is obliged to conclude an appropriate agreement with the former family member of the tenant and issue him a separate payment document for paying for housing and utilities.

26. The owner's obligation to pay for residential premises and utilities arises from the moment the right of ownership to such premises arises (clause 5 of part 2 of article 153 of the RF LC).

The moment when the right of ownership arises is determined by the rules of the Civil Code of the Russian Federation (paragraph 2 of article 8.1, articles 218, 219, 223, paragraph 4 of article 1152 of the Civil Code of the Russian Federation).

The obligation to pay for the maintenance of residential premises and utilities from the person who accepted the residential premises from the developer, after the issuance of the latter's permission to put the apartment building into operation, arises from the moment the residential premises are transferred according to the transfer act or other transfer document (paragraph 6 of part 2 of the article 153 LCD RF).

27. Co-owners of a dwelling in an apartment building are liable to pay for the dwelling and utilities in proportion to their share in the right of common shared ownership of the dwelling (Article 249 of the Civil Code of the Russian Federation).

Within the meaning of Article 155 of the Housing Code of the Russian Federation and Article 249 of the Civil Code of the Russian Federation, each of these co-owners of the residential premises has the right to demand the conclusion of a separate agreement with him, on the basis of which payment for the residential premises and utilities is paid, and the issuance of a separate payment document.

28. If the owner of the dwelling (share) is a minor, then the obligation to pay for the dwelling and utilities is borne by his parents, regardless of the fact of cohabitation with him (Articles 21, 26, 28 of the Civil Code of the Russian Federation and Articles 56, 60, 64 Family Code of the Russian Federation).

At the same time, minors between the ages of 14 and 18 have the right to independently pay for housing and utilities. If the minor has insufficient funds, the obligation to pay for housing and utilities is subsidiarily assigned to his parents (Article 26 of the Civil Code of the Russian Federation).

29. The owner, as well as legally capable and limited by the court in legal capacity, members of his family, including a former family member who retains the right to use the residential premises, fulfill the joint and several obligation to pay utility bills, unless otherwise provided by the agreement (Part 3 of Article 31 and article 153 of the LC RF).

In the event of a dispute on the collection of debts for payment of utility bills from the owner and members of his family, between whom there is an agreement that determines the procedure and amount of participation of family members in the costs of paying utility bills, such a debt is determined by the court taking into account this agreement.

The obligation to pay for the maintenance of the dwelling and contributions for major repairs is borne only by the owner of the dwelling (Articles 30, 158 of the LC RF and Article 210 of the Civil Code of the Russian Federation).

30. Payment for housing and utilities is paid monthly until the tenth day of the month following the expired month, unless a different period is established by the apartment building management agreement or by a decision of the general meeting of members of a homeowners association, housing cooperative or other specialized consumer cooperative (part 1 of article 155 LCD RF).

At the same time, it should be borne in mind that, unless another deadline is established, the last day of the deadline for making payments for housing and utilities is the tenth day of the month inclusive (Articles 190-192 of the Civil Code of the Russian Federation).

31. Payment for residential premises and utilities is paid on the basis of payment documents, including payment documents in electronic form, posted in the state information system of housing and communal services (clause 9 of article 2, part 2 of article 155 of the RF LC).

The consumer of services cannot be obligated to receive a payment document only on paper or only in electronic form.

32. The payment document must contain, among other things, the name of the service provider, his bank account number and bank details, an indication of the paid month, the name of each type of paid utility service, information on the amount of the consumer's debt to the provider for previous billing periods, information on the provision subsidies and incentives for utility bills.

Funds deposited on the basis of a payment document containing an indication of the billing period are credited against payment for housing and utilities for the period specified in this payment document.

If the payment document does not contain data on the billing period, the funds deposited on the basis of this payment document are counted towards payment for housing and utilities for the period specified by the citizen (Article 319.1 of the Civil Code of the Russian Federation).

In the event that the tenant (owner) did not indicate in what billing period he carried out the execution, the execution is counted for the periods for which the limitation period has not expired ).

33. The landlord of residential premises, the managing organization, other legal entity or individual entrepreneur who pays for residential premises and utilities, as well as their representative, has the right to make settlements with tenants (owners) of residential premises and collect payment for residential premises and utilities when participation of paying agents, as well as bank paying agents (Part 15 of Article 155 of the RF LC).

Payment to the contractor or to the paying agent or bank paying agent acting on his behalf is the proper fulfillment of the obligation to pay for housing and utilities (parts 3-6.1, 7, 7.1, 8-10 of Article 155 of the LC RF, clause 1 of Article 408 of the Civil Code of the Russian Federation) .

34. Based on the decision of the general meeting of owners of premises in an apartment building, tenants (owners) may pay for all or some utilities to resource-supplying organizations (Part 7.1 of Article 155 of the RF LC).

Payment for utilities, including utilities consumed in the maintenance of common property in an apartment building, is paid by tenants (owners) directly to resource-supplying organizations when the owners of premises in an apartment building directly manage such a house, and also if the owners do not choose the method of management or the chosen the management method is not implemented (part 5 of article 154 and part 8 of article 155 of the LC RF).

35. The acquisition by the managing organization that manages an apartment building of communal resources for the subsequent provision of utility services to consumers is carried out on the basis of an appropriate agreement with a resource supplying organization (part 6.2 of article 155, part 12 of article 161 of the RF LC).

If the managing organization actually started managing the common property of an apartment building in pursuance of the decision of the general meeting of owners of the premises and from the evidence presented it follows that the tenants (owners) of the premises pay a fee for the utilities of the managing organization, and the resource supplying organization issues invoices to the latter for the supply of the corresponding resource, relations between the managing organization and the resource-supplying organization can be qualified as actually established contractual relations for the supply of resources through the connected network, in connection with which the managing organization can be recognized as performing the functions of a utility service provider (paragraph 1 of Article 162 of the Civil Code of the Russian Federation).

36. When choosing a new managing organization, the proper fulfillment of the obligation to pay for housing and utilities is to pay the fee to this managing organization if there is a concluded agreement on the management of an apartment building (parts 4, 6.1, 7 of Article 155, parts 1, 1.1 and 7 of Article 162 of the LC RF ).

The proper fulfillment of obligations to pay for housing and utilities is considered to be the payment of a fee to the previous management organization, if the tenant (owner), acting in good faith when making the payment, did not have information about the choice of a new management organization (parts 3-7.1, 8-10 of Article 155 of the HC RF , article 10 and paragraph 1 of article 408 of the Civil Code of the Russian Federation). In this case, the newly elected managing organization has the right to demand the recovery of funds paid by the employer (owner) from the previous managing organization in accordance with the rules established by Chapter 60 of the Civil Code of the Russian Federation.

37. Temporary non-use by tenants, owners and other persons of premises is not a basis for releasing them from the obligation to pay for the maintenance of residential premises, for the use of residential premises (rental fees), payment for heating, as well as for utility services provided for common house needs, contributions for major repairs.

In the temporary absence of tenants (owners) and (or) members of their families, payments for other types of utilities calculated on the basis of consumption standards are carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner and in cases approved by the Government of the Russian Federation ( part 11 of article 155 of the LC RF).

The recalculation of the fee in such cases is made on the basis of an application submitted by a citizen within the time limits stipulated by the rules approved by the Government of the Russian Federation.

Skipping by the tenant, owner and other persons living in the residential premises, for good reasons, of the deadline for applying for the recalculation of utility bills due to its temporary absence (for example, a serious illness or other circumstances beyond the control of the person due to which it was deprived of the opportunity to apply in a timely manner with an application for the recalculation of utility bills) is not grounds for refusing to satisfy the requirements for the recalculation of such fees.

38. Within the meaning of Part 14 of Article 155 of the HC RF, owners and tenants of residential premises under a social tenancy agreement who have not paid the payment for the residential premises and utilities on time and (or) in full are obliged to pay the creditor a fine, the amount of which is established by law and cannot be increased.

39. The fine established by Part 14 of Article 155 of the HC RF, if it is clearly disproportionate to the consequences of the breach of obligation, may be reduced at the initiative of the court resolving the dispute (Item 1 of Article 333 of the CC RF).

In this case, the court, when considering the case, submits for discussion the circumstances that testify to such disproportion of the fine to the consequences of the violation of the obligation (Article 56 of the Code of Civil Procedure of the Russian Federation).

40. Improper performance by tenants (owners) and members of their families of the obligation to pay for utility services may serve as a basis for suspending or restricting the provision of this utility service.

The provision of communal services may be suspended or limited only after a written warning (notice) to the consumer-debtor, within the time and in the manner established by the Government of the Russian Federation.

It should be borne in mind that the presence of arrears in payment for utility services in itself cannot serve as an unconditional basis for suspending or restricting the provision of such utility services. The actions of the utility service provider to suspend or restrict the provision of the utility service must be proportionate to the violation committed by the tenant (owner), not go beyond the limits of the actions necessary to suppress it, not violate the rights and legitimate interests of others and not create a threat to the life and health of others.

41. To disputes related to payment by citizens of housing and utilities, a general three-year limitation period is applied, calculated from the day when the person knew or should have known about the violation of his right and about who is the proper defendant in the claim for the protection of this rights (Articles 196, 200 of the Civil Code of the Russian Federation).

The limitation period for claims for the recovery of debts for payment for housing and utilities is calculated separately for each monthly payment (part 1 of article 155 of the RF LC and paragraph 2 of article 200 of the RF CC).

Social support measures

42. The Russian Federation, as a social state, establishes guarantees of social support when citizens exercise their right to housing.

The measures of social support for citizens in paying for housing and utilities include the provision of subsidies for paying for housing and utilities, compensation for expenses for paying for housing and utilities (Articles 159, 160 of the RF LC), other forms of social support (exemption from payment for housing and/or utilities).

The categories of persons who are provided with social support measures for paying for housing and communal services, the procedure and conditions for providing these measures, the methods and sources of their financing are established by federal laws, regulatory legal acts of federal executive authorities, laws of the constituent entities of the Russian Federation.

Thus, appropriate measures of social support are established by federal laws for such categories of citizens as the disabled, families with disabled children, Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory, citizens exposed to radiation due to the Chernobyl nuclear power plant disaster, and others (Parts 13-15 of Article 17 of the Federal Law of November 24, 1995 No. 181-FZ “On the Social Protection of Disabled Persons in the Russian Federation”; Parts 1 and 2 of Article 3 of the Federal Law of January 9, 1997 No. 5-FZ “On provision of social guarantees to the Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory"; Clause 3 of Part 1 of Article 14 of the Law of the Russian Federation of May 15, 1991 No. 1244-I "On the social protection of citizens exposed to radiation due to the Chernobyl disaster NUCLEAR POWER STATION").

Certain issues related to the implementation of social support measures for citizens to pay for housing and utilities, within the meaning of part 11 of article 159 and part 1 of article 160 of the HC RF, can be regulated by regulatory legal acts of local governments if they are vested with separate state powers by the authorities of the subjects Russian Federation.

43. Within the meaning of Article 159 of the Housing Code of the Russian Federation, a subsidy for paying for housing and utilities is a purposeful full or partial payment for housing and utilities provided to citizens (tenants under a social tenancy agreement and owners of residential premises) from the budget of the corresponding level.

The procedure for determining the amount of subsidies and the procedure for their provision, the list of documents attached to the application, the conditions for the suspension and termination of the provision of subsidies, the procedure for determining the family composition of the recipient of the subsidy and calculating the total income of such a family, as well as the specifics of granting subsidies to certain categories of citizens are established by the Government of the Russian Federation (Part 7 article 159 of the LC RF).

Users of residential premises of state and municipal housing stocks, tenants under contracts for renting residential premises of private housing stock, members of housing cooperatives, owners of residential premises have the right to receive a subsidy for paying for housing and utilities (Part 2 of Article 159 of the LC RF).

It should be borne in mind that subsidies for paying for housing and utilities are provided to citizens of the Russian Federation, and to foreign citizens only in cases provided for by international treaties of the Russian Federation (Part 12 of Article 159 of the RF LC).

A subsidy for paying for housing and utilities is provided to these citizens, taking into account their family members permanently residing with them. The composition of the family members of the tenant of residential premises under a social tenancy agreement is determined in accordance with Article 69 of the RF LC, the family members of the owner - in accordance with Article 31 of the RF LC.

Since subtenants and temporary residents do not acquire an independent right to use the dwelling, they are not provided with a subsidy for paying for the dwelling and utilities.

Subsidies for payment for housing and utilities are transferred to citizens before the deadline for paying for housing and utilities, established by Part 1 of Article 155 of the HC RF (Part 4 of Article 159 of the HC RF).

44. A subsidy for paying for housing and utilities is provided to citizens if their expenses for paying for housing and utilities, calculated on the basis of the size of the regional standard for the normative area of ​​housing used to calculate subsidies, and the size of the regional standard for the cost of housing and communal services services, established according to the rules of part 6 of article 159 of the HC RF, exceed the amount corresponding to the maximum allowable share of citizens' expenses for paying for housing and utilities in the total family income (part 1 of article 159 of the HC RF).

The total income of a family or a single citizen includes, among other things, all payments provided for by the wage system, taken into account when calculating average earnings, severance pay paid upon dismissal, pensions, scholarships, cash payments provided to citizens as measures of social support for paying for housing and utilities, income received from the sublease of residential premises, funds allocated to the guardian (custodian) for the maintenance of the ward, as well as provided to the foster family for the maintenance of each child, and other payments, except for cases when a different procedure is established by federal law accounting for the income of citizens in order to provide the above subsidies and compensations (Article 5 and Articles 6-12 of the Federal Law of April 5, 2003 No. 44-FZ “On the procedure for accounting for income and calculating the average per capita income of a family and the income of a single citizen for recognizing them as poor and providing them state social assistance ").

Thus, a different procedure for accounting for citizens' incomes is established by paragraph 7 of Article 154 of the Federal Law of August 22, 2004 No. 122-FZ "On Amendments to the Legislative Acts of the Russian Federation and the Recognition of Certain Legislative Acts of the Russian Federation as invalid in connection with the adoption of federal laws "On the Introduction amendments and additions to the Federal Law “On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation” and “On the General Principles of Organization of Local Self-Government in the Russian Federation”, according to which, before the entry into force of the relevant federal law, the amount of the monthly cash payment , established in accordance with the Law of the Russian Federation "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster", federal laws "On veterans", "On the social protection of disabled people in the Russian Federation" and "On social guarantees of civil citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site "is not taken into account when calculating the total income of a family (a single citizen) to assess its need when determining the right to receive a subsidy for housing and utilities.

45. Compensation for expenses for paying for housing and utilities is the reimbursement of certain categories of citizens in the manner and on the terms established by federal laws, laws of the constituent entities of the Russian Federation and regulatory legal acts of local governments for the expenses incurred by them related to paying for housing and utilities at the expense of the relevant budgets (Article 160 of the LC RF).

For example, monthly compensation for the cost of paying for housing is provided to veterans, war invalids, veterans of military operations, etc. 5-FZ "On veterans").

46. ​​Measures of social support for paying for housing and utilities are provided to citizens by the authorized body on the basis of an application and documents confirming their right to receive these measures.

The list of documents confirming the right of a citizen and (or) his family members to social support measures for paying for housing and utilities, and the grounds for refusing to provide these measures are determined, among other things, by the regulatory legal acts of the constituent entities of the Russian Federation (Article 160 of the RF LC).

The grounds for refusing to provide social support measures may be, in particular, the submission by a citizen of an incomplete set of documents for receiving these social support measures for paying for housing and utilities, the presence of conflicting information in the documents submitted by the citizen.

47. Measures of social support for paying for housing and utilities, as a general rule, are provided to citizens if they do not have arrears in paying for housing and utilities or when citizens conclude and (or) fulfill agreements on its repayment (Part 5 of Article 159 of the HC RF).

At the same time, the presence of arrears in payment for housing and communal services in itself cannot serve as an unconditional basis for refusing to provide social support measures.

In this regard, when resolving disputes related to the provision of social support measures for paying for housing and utilities, the court needs to find out the reasons for the formation of this debt, the period of its formation, and also what measures have been taken by the citizen to pay off the debt for paying for housing and utilities and (or) whether agreements have been concluded on the procedure for repaying this debt. These circumstances must be reflected in the judgment.

If there are valid reasons for the occurrence of arrears in payment for housing and utilities (non-payment of wages on time, the difficult financial situation of the employer (owner) and capable members of his family due to the loss of their jobs and the impossibility of finding employment, despite the measures taken by them; illness, hospitalization of the employer (owner) and (or) members of his family; the presence in the family of disabled people, minor children, etc.) in the provision of social support measures cannot be denied.

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The duty of housing and communal services is the uninterrupted supply of hot and cold water, heating media, garbage disposal and the good condition of the elevators of high-rise buildings. In turn, the tenant is charged with timely payment for the services provided. Otherwise, various sanctions are applied to homeowners in MKD, up to judicial and eviction.

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However, there are some exceptions that allow apartment owners to legally not pay for housing and communal services without fear of negative consequences from management companies and utilities. Even in court proceedings, a decision will be made in favor of the homeowner.

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Obligations to make payments for utility services of the apartment

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• owners - upon the onset of the right to own, dispose of housing;
• tenant - signing a social lease contract or commercial lease of premises.

If the listed persons use all utilities that make life easier, they must pay for the benefits provided to them. Ignoring this rule may well lead to the disconnection or termination of the supply of services or the company's appeal to the court, followed by debt collection.

Legal regulation

1. Consumers must pay for the services provided for the maintenance, repair of household appliances and mechanisms.
2. For the supply of heat carrier for heating the apartment, even in the event of a temporary lack of supply. This is fixed (in the new edition of 2020).
3. For social or commercial hiring, you should rely on.

The old regulation, which was in effect until the end of 2016, allowed property owners to legally not pay expenses if no one lived in the apartment for a long time. However, the new standards, with adjustments, are based on the number of persons officially registered in the apartment.

The presence of accounting equipment allows you not to pay for electricity, cold and hot water, gas, if they were not used. But for the comprehensive maintenance of household appliances and mechanisms, the amount is charged every month, regardless of whether someone lived in the apartment or not.

Permissible period when you can not pay for utilities in the apartment without consequences

Of course, not every homeowner dreams of becoming a malicious defaulter. The owner of the apartment may be fired from his job, perhaps a large amount will be spent on treatment or other unfavorable situation, which will lead to the formation of debt. The management company will not be interested in why its subscriber does not pay for services, if he has to, pay. Therefore, an additional agreement with a utility company will help to temporarily avoid paying overdue bills. The user does not pay, and the Criminal Code does not require, again, temporarily.

The tenant of the apartment will not have to rely on a completely interest-free deferment, but this will save him from visiting the courtroom or seizing property.

A citizen should conclude a certain agreement with utilities, according to which he undertakes to pay a little later. However, it must be added that the services have the right to act at their discretion, that is, to conclude such agreements or not. They can make an exception only for a disciplined user. Those who are not - have the right to refuse.

There is a second legal way to avoid charges for renting an apartment, maintenance, overhaul, heat carrier, and other utilities provided for general house needs. An absent homeowner for more than 5 days has the right to apply for the recalculation of utility services provided according to consumption standards in order not to legally pay for utility services.

Such a statement is made before the departure of the consumer or upon his return, but no later than 30 days from the date of arrival. The specified period has the right to be extended if it was missed due to reasons beyond the will of the person, for example, a long serious illness. Even the judiciary can take note of such a petition and rule in favor of the tenant. However, the circumstances must be confirmed by certificates, other official evidence.

Legal grounds for not paying utility bills

When there is no corresponding application from an individual, utilities have the right to charge him monthly payments in full.

Recalculation of the amount billed for housing and communal services can be made at the request of a citizen if he has not been in the apartment for more than 5 days. However, it should be noted that the days of departure and arrival are not taken into account.

The maximum period for which you can request a one-time change in previously accrued amounts is determined by six months. In order to extend the said period, the application must be resubmitted with the necessary documents attached.

If all of the above conditions are met, if an individual is registered in the apartment, but does not live, it is necessary to pay for utilities that serve to maintain the house and its functions.

Refusal of utility services

The homeowner has the right to completely refuse the services of communal organizations if he has individual metering devices that allow recording the fact of non-use.

1. In the absence of consumption of both types of water supply, metering devices will show zero consumption, which is the basis for the absence of charges.
2. Such fixation applies to an electric, gas meter and heating system, if it is registered by a meter.
3. Turning off the wired radio is also allowed when such a payment item is present on the receipt;
4. The owner of satellite TV can refuse to use the collective home television antenna.

Cancellation of other services, such as waste disposal, the landlord will not be able to, because the housing office is not able to accurately establish this fact.

However, the owner of the apartment has the right to completely refuse the above-mentioned services and terminate the contract only after paying for the previously provided resources.

Paying for the lift

If an elevator is installed in a multi-storey building, but it has been under repair for a long time, you can apply for a review of the previously accrued amounts for the use of the lifting structure. Based on the contract for the management of a multi-storey building, the maximum period for the elevator to be under repair is determined by one current month.

When residents fix a longer period, they can submit an appeal to the Criminal Code to withdraw charges for using the elevator. This is stated in (as amended in 2020).

Waste collection fee

Payment for waste disposal is currently charged based on the total area of ​​​​the apartment or premises. However, the calculations used do not always justify themselves and, therefore, the nearest time for calculating the amount of fees for the export of mukor will be the number of officially registered citizens in a particular apartment.

However, if an individual is registered in this area, but does not live for a long time, he still needs to pay for garbage disposal.

Rules for compiling and sample waiver of utilities

A citizen may not pay for the services of a housing company if he stops using them.

• visit the UK with a civil passport or other identity card;
• file a petition for the denial of any service;
• Supplement the application with supporting documentation.

After the organization makes a positive decision, the company will send an authorized person to the applicant to confirm the information.

Other reasons not to pay utility bills

An individual has the right not to pay for utilities provided in a poor quality manner.

• constantly dirty hall;
• non-working elevator;
• lack of an access door or its damage;
• invoices for waste disposal exceed those specified in the contract.

If such violations are detected, the citizen also has the right to demand recalculation.

Write-off of debts for housing and communal services

• by dividing the amount among all owners of the dwelling;
• recourse on collection of payment;
• after the expiration of the statute of limitations.

You can also take advantage of installment or debt subsidies. It is assumed that the Duma will soon adopt a law on writing off the existing debts of the population for housing and communal services in 2020.

The contract for the supply of utilities is concluded by two parties: RNO and the consumer. Both agree to be bound by its terms. The supplier must provide quality services, and the consumer must pay for them in a timely manner.

The document regulates the legal relationship between management companies, resource supply organizations and owners of non-residential premises (clause 6 of the Rules).

Chapter 11 describes the procedure for suspension or restriction of services, cases when the consumer cannot be disconnected.

Paragraph 117 lists the situations in which advance notice of disconnection is required. Paragraph 115 - when possible without warning. Paragraphs 119-121 contain information on the procedure for notifying, disconnecting a citizen, the observance of which is mandatory.

Responsibility for illegal restriction and unauthorized connection is regulated by the Code of Administrative Offenses of the Russian Federation, as well as the Criminal Code of the Russian Federation.

Decree of the Government of the Russian Federation of February 26, 2016 No. 1498 “On the provision of utilities and the maintenance of common property in an apartment building” introduces some additions and clarifications to the legal relationship between organizations and consumers.

Is it legal to cut off for late payments?

The provision of resources is carried out on a paid basis in accordance with the agreement between the owner of the dwelling and the service organization. If someone does not fulfill obligations, then the injured party will activate the mechanism for restoring their rights.

When utility bills are not paid by the user for more than 2 months in a row, the supplier has the right to stop supply, that is, resources can be turned off. At the same time, he must follow a certain procedure for notifying an unscrupulous tenant.

Many people think that it will be illegal to disconnect a citizen if there are good reasons for non-payment:

1. A citizen has not been paid wages or pensions for a long time.
2. The debtor or a member of his family is unemployed. At the same time, they can prove that they are making efforts to get a job.
3. The debtor or a member of his family is seriously ill.
4. A disabled person or a small child lives in the apartment.

IT IS NOT TRUE! The legislator does not provide for such relief.

What can be turned off

The rules for the provision of services to citizens provide for situations where they can be limited without prior notice to the consumer:

1. Emergency situations on networks or communications.
2. Emergencies, natural disasters.
3. Detection of unauthorized connection to energy and resource supply systems.
4. Availability of instructions from state or municipal authorities.
5. The use of devices whose power exceeds the technical capabilities of in-house systems.

After written notice, submission is restricted when:

1. The consumer has a debt exceeding two monthly payments calculated on the basis of consumption standards and approved tariffs. This takes into account the absence or non-fulfillment of the debt repayment schedule.
2. Scheduled repairs, maintenance of networks and communications are being carried out.

What can be turned off

The law provides for the possibility of disconnection if there are grounds and following a certain procedure:

• hot water supply;
• gas;
• electricity;
• heat supply during the non-heated period.

What services cannot be disabled for debts

It is forbidden to turn off some communal resources even if there is a large debt, since their restriction endangers the life and health of the debtor himself and other residents of the apartment building:

• cold water supply;
• heating.

If you turn off the heating supply, this will freeze the entire system.

Do they have the right to turn off the light without a court order

Based on paragraph 117 of the Rules for the provision of public services, the supplier has the right to turn off electricity without resorting to a court order. This is possible if there is a debt equal to two months of standard consumption, and also on condition that the citizen is notified accordingly.

Penalties for non-payment of utility bills

Federal Law No. 3 07-FZ dated November 3, 2015 “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Strengthening of the Payment Discipline of Energy Resource Consumers” regulates the procedure for calculating penalties for non-payment of payments:

• from the 31st to the 90th day of delay, the amount of the penalty is 1/300 of the refinancing rate of the Central Bank for each day;
• starting from 91 days of delay, the penalty increases to 1/130 of the refinancing rate for each day.

Treaty

After the adoption of Decree of the Government of the Russian Federation of December 26, 2016 No. 1498 “On the issues of providing services and maintaining common property in an apartment building”, the scheme for issuing and paying bills has changed. The previous option, where the management company was an intermediate link between consumers and the organization, has been cancelled. Now RSO directly concludes an agreement with consumers, charges a fee for the use of resources.

Non-residential premises

Cold and hot water supply, heating, electricity, gas are provided to the owners of non-residential premises by a resource supply organization. An agreement with it is directly concluded by the owner of non-residential premises, payment is made to the current account of the RSO.

The law fixed the obligation of the management company to notify the owners of the non-residential fund of the need to conclude contracts with the RSO. However, this rule does not contain data on the time limit for such a notification, as well as the liability of the Criminal Code for failure to comply with the requirements. Also, the Criminal Code notifies the RSO about the number of residential and non-residential stock of the house.

If there is no contract, the volume of consumption is determined by calculation methods.

Apartment house

The specifics of the contract for the provision of resources to residents of an apartment building depends on the chosen method of management:

• if the MKD is managed by the HOA, the owners enter into an agreement with the management of the partnership;
• apartment owners in the absence of HOAs conclude an agreement directly with the resource supply organization.

Suspension or restriction rules

If there are grounds, the person is suspended access to the resource. For the procedure to be legal, a certain order must be followed.

Shutdown Notice

If the amount of the consumer's debt exceeds the two-month payment according to the standard, the supplier has the right to notify him. The document contains information that in case of non-payment of the amount of the debt within 20 days from the date of delivery of the warning, a restriction or suspension of the service will follow. The notice may be handed over to the debtor personally against signature, sent by registered mail or included in the next payment receipt.

IMPORTANT! The debtor can be notified by phone call, message through Internet resources. That is, in any way by which you can confirm that he knew about the upcoming procedure.

20 days after the notification, a restriction is introduced, and after another 10 days, the service is suspended.

IMPORTANT! The exception is heating, cold water supply - they do not have the right to turn off under any circumstances.

The rules approved by Decree of the Government of the Russian Federation of 05/06/2011 N 354 say that it is possible to suspend or restrict the provision of services after a preliminary notification has been sent to the debtor. But in the same document there is a direct ban on turning off cold water and heating - paragraph 307 of the Decree of the Government of the Russian Federation.

The supply of resources is resumed two days after the payment of the debt.

How it's done

Restriction and shutdown are carried out by employees of the resource supplying organization. In this case, an act is drawn up, which contains information:

• date of the procedure;
• Full name, address of the debtor;
• in what way it is produced;
• information about the meter (its number, current readings);
• grounds for restriction or disabling;
• limitation period.

The act must be drawn up in 3 copies, one of them is handed over to the debtor.

Disconnection in an apartment building should not affect the resource supply of apartments of conscientious payers.

What to do if disabled

If the disconnection was made illegally, the debtor has grounds to challenge such measures, then it is possible to appeal against the actions of the RSO.

If there are no such grounds, then the debtor is obliged to pay the debt in full or apply for an installment payment. Then you need to contact the management of the RSO with a payment document, write an application to connect the resource. The service will be restored 2 days after the debt is paid off.

Is it possible to appeal the decision

You can appeal against illegal actions through the supervisory state bodies: the GZhI, the prosecutor's office, the court. To do this, you need to draw up a written claim, where you list the circumstances under which the violation of rights occurred. Attach documents confirming the residence of children, the disabled in the apartment, deliver it personally, send it by mail. You can also use the official websites of government agencies, online portals of the State Services, RosZhKH.

RSO for unlawful disconnection is waiting for an administrative penalty - a fine. If the restriction has led to moral or material damage, you can include these losses in the amount of the claim, apply to the court for compensation.

What to do if disabled by mistake

If the restriction occurred due to an error (for example, the meter was confused with the neighboring one or the payment did not go through), the reconnection service should be provided free of charge. To do this, you need to contact the management of the RNO with documents confirming the absence of debt (checks, receipts), write an application for connection.

What will be for unauthorized connection

A common practice of unauthorized connection is a gross offense. Similar facts can be revealed during the check by the employees of the RSO. They are in writing. The document is transferred to the police, then the case materials are sent to the justice of the peace, who makes a decision on the imposition of an administrative penalty in the form of a fine. The penalty is:

• for individuals from 1500 to 2000 rubles;
• for officials - from 2000 to 3000 rubles;
• for legal entities - from 30 to 40 thousand rubles.

If, during the consideration of the case, facts of theft of a resource (for example, electricity) are revealed, the process will acquire the status of a criminal one, where the punishment will be associated with imprisonment.