Recalculation of fees for low-quality utilities (heating, hot water). Calculation of hot water supply: quality control and recalculations How to recalculate for hot water

According to sanitary standards, hot water from the tap should be from 60 to 75 * C. If the water temperature is less than 60 * C, then you need to require recalculation.

17.03.2011
I call the control room with the requirement to measure the temperature of the water. According to the government decree of 05/06/2011 N354 "On the provision of communications services to owners and users", the procedure should be as follows:

106. A report on a violation of the quality of a public service can be made by the consumer in writing or orally (including by telephone) and is subject to mandatory registration by the emergency dispatch service. In this case, the consumer is obliged to report his last name, first name and patronymic, the exact address of the premises where a violation of the quality of the utility service was found and the type of such utility service. An employee of the emergency dispatch service is obliged to inform the consumer of information about the person who received the consumer's message (last name, first name and patronymic), the number for which the consumer's message is registered, and the time of its registration.

107. In the event that an employee of the emergency dispatch service of the contractor knows the reasons for the violation of the quality of the utility service, he is obliged to immediately inform the consumer who has applied and make an appropriate note in the message log.

108. If the employee of the contractor's emergency dispatch service does not know the reasons for the violation of the quality of the utility service, he is obliged to agree with the consumer on the date and time of the verification of the fact of violation of the quality of the utility service.

109. At the end of the audit, an audit report is drawn up. [...] The verification act is drawn up in the number of copies according to the number of interested persons participating in the verification, signed by such persons (their representatives), 1 copy of the act is transferred to the consumer (or his representative), the second copy remains with the contractor, the remaining copies are transferred to the interested parties participating in the test.

In fact, it turns out that ZhEU-54 does not have such a practice. For example, there is no suitable form:
Complaint about the refusal to recalculate the payment for hot water.

On March 17, 2011, at my request, due to the low temperature of the hot water supply, the chief engineer of ZhEU-54 LLC Khairetdinova Kh.Kh. the temperature of hot water in the bathroom and in the kitchen was measured.

After a 5-minute drain of hot water, the temperature of the pipes was measured. Since in the bathroom the hot water in the faucet comes from the pipe of the heated towel rail, the temperature in the act is indicated as "return temperature (p \ dry): 40.5 * C". Measurements of hot water in the kitchen in the act are indicated as "DHW temperature at the supply: 50 * C".

Provided for by paragraph 74 of Decree of the Government of the Russian Federation of 23.05.2006 N 307 "On the procedure for providing public services to citizens", a repeated temperature measurement was made only on April 12. The hot water temperature in the bathroom was 44*C.

To my request to recalculate the payment for hot water supply, I received a response dated April 11, 2011 No. 766 with the following content: "according to the act, the temperature of the hot water supply is 50 * C, the temperature in the bathroom was not measured. The temperature of the hot water supply corresponds to the standard values, the recalculation is not performed." Thus, among other things, there is a discrepancy in the answer with the fact that the temperature of the hot water in the bathroom was measured and was equal to 40.5 * C

I did not agree with this decision and on April 19 sent a second request, in which I demanded a recalculation in accordance with paragraph 6 of Appendix No. 1 of Rules 307. In the answer of 04.25.2011 No. 864, all my arguments were ignored and again there was only a reference to paragraph 5 of Appendix No. 1 of Rule 307.

I insist that the recalculation should be made in accordance with paragraph 6 of Appendix No. 1 of Rules 307, since there is a violation of sanitary standards and the presence of paragraph 5 of Appendix No. 1 of Rules 307 does not mean that the management company has the right to violate sanitary standards.

So, according to SanPiN 2.1.4.2496-09:
1.2 These sanitary rules are binding on all legal entities, individual entrepreneurs whose activities are related to the organization and (or) provision of centralized hot water supply systems.
2.4. The temperature of hot water at the draw-off points, regardless of the heat supply system used, must not be lower than 60 °C and not higher than 75 °C.

According to clause 6 of Appendix No. 1 of the Rules "On the Procedure for Providing Public Services to Citizens", approved by Decree of the Government of the Russian Federation of May 23, 2006 N 307, one of the requirements for the quality of public services in terms of hot water supply is the constant compliance of the composition and properties of hot water with sanitary norms and rules.

The fact that such an indicator as water temperature refers to the properties of water follows from the interpretation in the aggregate of the provisions of SanPiN 2.1.4.2496-09 (in particular, paragraph 2.1.) And Rules 307 (paragraph 6 of Appendix No. 1).

According to paragraph 6 of Appendix No. 1 of Rules 307, it is stipulated that deviation of the composition and properties of hot water from sanitary norms and rules is not allowed, if the composition and properties of water do not comply with sanitary norms and rules, payment is not made for each day the provision of communal services of inadequate quality (regardless of indications metering devices).

In addition, the requirement of SanPiN 2.1.4.2496-09 to maintain a hot water temperature of at least 60 * C does not contradict, but only tightens the requirement of paragraph 5 of Appendix No. 1 of Rule 307, according to which the temperature of hot water must be at least 50 * C for closed systems district heating.

I BEG:
1) bring OAO "UZHKH Kalininsky district of the urban district of Ufa RB" to administrative responsibility under Part 2 of Art. 14.4 of the Code of Administrative Offenses and Art. 6.4 Administrative Code
2) issue an order to recalculate the payment for hot water supply for March in accordance with paragraph 6 of Appendix No. 1 of Rule 307, considering the period for the provision of utilities of inadequate quality from March 17, 10:00 to March 31, 24:00
3) due to the fact that the answer to my request dated April 19 was issued only on April 25, I ask you to warn OJSC UZHKh of the Kalininsky district of the urban district of Ufa of the Republic of Belarus about the inadmissibility of violating the requirements of paragraph 49, subparagraph "I" of rules 307, according to to whom a notice of acceptance of this requirement and subsequent satisfaction or refusal to satisfy it, indicating the reasons for the refusal, must be sent to the applicant within two working days, otherwise it is possible to initiate an administrative case under Part 1 of Article 14.8 of the Code of Administrative Offenses
4) due to the fact that SanPiN 2.1.4.2496-09 does not provide for standards according to which a deviation in the water temperature during the first minutes would be allowed, please explain to ZhEU-54 LLC that the water temperature should be measured without first draining the water. *

* Later it turned out that a three-minute water drain is still provided for measuring the water temperature

10.05.2011 a whole delegation arrives to measure the water temperature: a representative of Rospotrebnadzor, an employee of the Center for Hygiene and Epidemiology in the Republic of Belarus, the chief engineer of the ZhEU-54, two important representatives of the Kalinin UZHH.

23.05.2011 comes the answer from Rospotrebnadzor:


1.06.2011
UZHKh announces:

Receipt arrives:



16.06.2011
just in case, I am writing a statement with a request to explain exactly how the recalculation was calculated:

In accordance with paragraph 49 (subparagraph "p") of the Decree of the Government of the Russian Federation "on the procedure for the provision of public services to citizens" dated May 23, 2006 N 307, I PLEASE, no later than 3 working days, provide documents confirming the correctness of the recalculation of fees for hot water supply in receipts for payment for June 2011
21.06.2011 UZHH sends a letter to the ERCC:



21.06.2011
ERCC issues a certificate. The text is hard to read, but the bottom line is that the size of the return was calculated by the formula: (<Тариф горячей воды> - <Тариф холодной воды>) * <Объём горячей воды> * (<количество дней с температурой ниже 60 *С> / <количестве дней в месяце>)


  1. SanPin: http://www.rg.ru/2009/05/22/sanpin-dok.html
  2. Old ruling: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=114260
  3. New Decree:

The numbers on the utility bill do not always reflect the actual water consumption. Sometimes the management company adjusts the amount upwards based on the results of checking the meters. Sometimes the reason is that the tenant gave the testimony incorrectly or in a banal mistake of the public utilities. To make a recalculation for water according to the meter, you must first determine the grounds for reducing the amount.

There is a meter in the apartment, but the management company charges the fee according to the norm: reasons and algorithm of actions

The main regulatory act regulating the procedure for the provision and calculation of utility bills is Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, which contains the “Rules for the provision of utility services” (hereinafter we will call them Rules 354). Why can the UK charge for water according to the norm, and not according to the established meter?

  1. Paragraph 59 of the "Rules ..." mentions that such a situation may arise if the water meter does not pass verification at the right time. The readings of water meters with an expired calibration interval are not taken into account. In this case, payment for utility services (in the first 3 months) is charged according to the amount of average consumption for the previous period. The duration of this period is 6 months before the end of the verification period.
  2. Another reason is damage to the seals on the meter. In this case, you will have to pay a fine of 200 rubles. If it is revealed that the damage is the result of illegal connection and use of magnets, then this is already a criminal offense, and the fine can be increased to 300 thousand rubles.
  3. Another reason is incorrectly transmitted data of readings to the resource supply company. This is the most harmless reason, and the situation is easy to fix.

Whatever the problem is, the main thing to remember is that the recalculation is done strictly after checking the water meters. When it is established that the meter is in good order and the verification period has not expired, recalculation measures will be taken. Ultimately, the adjustment of the amount is made in two cases:

  • on the basis of an act of examination (verification) of a meter or protocol;
  • on the personal initiative of the consumer. In this case, it is necessary to write an official application to the Criminal Code.

If the fee continues to be charged at the rate excluding counters, you will have to follow the instructions for the second case. The sequence of actions under such circumstances:

  1. Make sure that the period for checking devices has not expired. To do this, just look at the meter passport. It is there that the manufacturer indicates the calibration interval. If the documents are lost, then you should contact the management company for the necessary information. You can also make an official request and restore the passport from the manufacturer (usually this is a paid service and not in all cases it is provided).
  2. After it turns out that verification of water meters is not required, you can proceed to the next step. To do this, you need to call specialists from the management company and draw up an act. It must contain accurate instrument readings.
  3. Register an official statement. To attach to it the documents received after the examination of the counters by specialists. It will also be a confirmation that the meter does not need to be verified and is in good condition.
  4. Submit an application to the accounting department of the management company.

The application must be considered within five working days. If the outcome is positive, the amount for utilities will be recalculated. The part that was overpaid will be transferred to the account of the future payment.

The application for recalculation will be approved only if the verification period has not expired and the seals are not damaged. Otherwise, you will have to put the meter in order or change it.

What to do if you disagree with your utility bill

In accordance with paragraph 42 of Rule 354, the amount of payment for a utility service provided in a residential area equipped with an individual meter (that is, a meter), with the exception of the payment for a utility service for heating, is determined based on its testimony.

Utilities counted more than the water meter shows

If the amount of water used in the issued receipt exceeds the readings of the meter, the procedure will be as follows:

  1. You need to contact the utility company and report the difference between the data on the receipt and the actual readings on the meter. In some cases, it is enough to provide a photograph of the metering device, which allows you to consider the visual identification marks of the device (seal, name, number), as well as to establish its integrity.
  2. Call the specialists of the resource supply company to the house so that they inspect the meter, draw up an act that will serve as the basis for further adjustments in the calculations.
  3. The utility provider must make a recalculation (in accordance with paragraph 61 of Rule 354). As a result, the subscriber must either adjust the amount of payment, or take into account the amount formed from the overpayment for water when paying for the next periods. The recalculation amount must be reflected in the receipt, which will be sent to the subscriber.

Wrong readings were sent

In a situation where the subscriber transmits erroneous meter readings, proceed as follows:

  1. If incorrect readings were transmitted once, you should use any of the possible ways to transmit or report the correct data, while informing the representatives of the utility organization about the error.
  2. If erroneous readings were transmitted over several periods, it will be necessary to call representatives of the resource supply company to the house so that they inspect the meter and draw up an act.
  3. The utilities will recalculate the amount of the fee based on the meter readings taken during the test. The overpaid funds will also be taken into account against the payment of future periods.

Poor quality services

If the consumer is provided with a low-quality utility service, the consumer also has the right to demand a recalculation of the fee. For example, in a situation where, due to an accident, there was no water in the house for a long time. In accordance with state SanPiNs, the duration of the interruption in the provision of a communal resource is determined, as well as the requirements for a constant composition and pressure in the water supply system.

If these indicators are violated, the amount of payment for water for the billing period is subject to reduction up to the complete release of the consumer from the need to pay for such a service (paragraph 98 of Rules 354).

The algorithm of actions will be as follows:

  1. Handling a corresponding application for the provision of low-quality services and the requirement for recalculation.
  2. Waiting to receive a notification from the resource supplying organization about the measures taken, as well as the need to participate in the investigation of the reasons in the presence of which the situation of providing a low-quality resource arose.
  3. Obtaining the results of the investigation in hand, indicating all the actions taken, measures taken, as well as recommendations.
  4. Waiting for recalculation.

In some cases, it may be necessary to re-submit an application for recalculation of the amount payable, it all depends on the workflow of a particular utility company.

The next situation in which recalculation is possible is the non-compliance of hot water with established standards. In this situation, you should be guided by section 5,6,7 of section II of Appendix 1 of rules 354. The procedure will be similar to the above.

Network repair

The situation with the repair of networks is ambiguous, since it will be possible to require recalculation of the amount payable only if the provisions of Appendix No. 1 of Rules 354 are violated, namely:

  • in case of accidents, a break in the water supply is more than 8 hours in total for one month;
  • the break is more than 4 hours in a row when cold water is supplied and more than 24 hours when there is no hot water.
  • With scheduled pressure testing, the duration of hot water shutdown is no more than 14 days per year, and consumers must be notified 10 days before the shutdown.

In case of violation of the terms, the fee is reduced by 0.15% for each hour of excess.
If there are water meters, the fee for the missing hot water or cold water in any case will not be charged. Therefore, there is no right to demand recalculation: in any case, you do not pay for a service not rendered.

What to do if they refuse to recalculate the water fee

Cases of refusal to recalculate are not uncommon. Very often, utility companies unreasonably ignore the need for recalculation.

To prove that you are right, you need to receive an official refusal from the resource provider, which contains reasons and grounds. Further, with the received paper and the available documents, you can apply for the protection of your rights to the following state authorities:

  1. State Housing Inspectorate of the Russian Federation.
  2. Rospotrebnadzor.
  3. Prosecutor's Office of the Russian Federation.

In substantiating your case, you will need to attach all the supporting papers and the calculations made. The result of the appeal will be an investigation initiated by the state body, as well as a decision made as a result of it.

If it is not possible to obtain a paper with a refusal to recalculate, or the public utilities simply ignore receiving an application from the consumer, it will be possible to indicate this information in a complaint to the supervisory authority, and also add that the recalculation is not made unmotivated and unreasonable.

The final instance where you can apply for the protection of your rights will be the court. However, the filing of a statement of claim there should already take place according to the norms established by the current Code of Civil Procedure of the Russian Federation. Judicial practice in this regard is quite extensive and very often courts oblige companies to recalculate.

Sample Applications

The very fact that the water meter is in the apartment does not always guarantee payment according to its data. This is influenced by a number of reasons that the consumer may encounter. In such circumstances, the main thing is not to worry and act according to the presented algorithm. The problem can be quickly and successfully solved.

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We bring to your attention the material of our expert on legislation in the field of housing and communal services and its practical application , dedicated to the methodology for obtaining a recalculation of fees for low-quality water supplied to our apartments - we will primarily talk about not enough hot water in the taps and various aspects of the return of part of the money paid for it.

Each communal and housing service must be provided with high quality and in accordance with the standards established by the legislation of the Russian Federation. Deviation from the requirements of the law in this part is violation of the quality of housing and communal services.
In this article, we will talk in detail about the requirements for the quality of hot water supply (DHW), how to fix violations and how to ask for a recalculation for a poor-quality service.
Often, the hot water supply service is provided with poor quality, especially often violations of the quality of hot water supply occur in connection with the temperature regime. This article will explain what requirements for hot water supply are established by law, how to identify and fix a violation of the quality of hot water supply and how to get a recalculation for a low-quality service. The algorithm described in this article is also applicable to fixing quality violations of other housing and communal services.

In order to successfully achieve satisfaction of the requirements for recalculation for poor-quality hot water service, it is necessary:

  • To identify violations of the quality of housing and communal services;
  • Fix in a certain way, established by law, a violation of the quality of housing and communal services;
  • Contact the contractor (for example, the management company) to eliminate the violation of the quality of housing and communal services;
  • Apply to the State Housing Inspectorate with an application for an inspection of the quality of housing and communal services;
  • Contact the contractor with an application for the recalculation of payments for poorly rendered housing and communal services;
  • If the requirements of the contractor are not satisfied, prepare a claim and go to court for recalculation of utility bills.

That is, you follow the procedure for fixing and activating violations of the quality of utility services, notifying the organization providing housing and communal services, present your requirements and only in this case have a chance of success on the application for the recalculation of utility bills.

1. How to identify violations of the quality of housing and communal services for hot water supply?
The main legal acts that establish quality standards for hot water utility services, in our opinion, are

  • Decree of the Government of the Russian Federation of 05/06/2011 N 354 "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings" (hereinafter Decree 354).
  • Federal Law "On Water Supply and Sanitation" No. 416-FZ dated 07.12.2011
  • Federal Law “On the sanitary and epidemiological well-being of the population No. 52-FZ of March 30, 1999

Decree of the Chief State Doctor of the Russian Federation No. 20 dated 04/07/2009 "On approval of SanPin 2.1.4.2496-09 (together with SanPiN 2.1.4.2496-09" Hygienic requirements for ensuring the safety of hot water supply systems. Amendment to SaePin 2.1.4..1974-01 .Sanitary and epidemiological rules and regulations).

Here are the main indicators of the quality of hot water, which are presented by the legislator for this utility service.

Requirement

Permissible break duration and permissible deviations from the quality of QU. Conditions and procedure for changing the amount of the fee for violation of quality
Hot water must be supplied uninterruptedly and around the clock Interruption of hot water supply in total no more than 8 hours per month,
- 4 hours at a time,
- in case of an accident on a dead end highway - 24 hours in a row;
- in connection with the production of annual repair and maintenance work in the engineering and technical networks for providing hot water - in accordance with SanPiN 2.1.4.2496-09 Excess of the interruption in the provision of hot water serves as the basis for recalculation by 0.15% of the payment for the billing period for each subsequent hour of non-provision hot water.
Ensuring that the hot water temperature at the tapping point complies with the requirements of the legislation (SanPiN 2.1.4.2496-09)

Clause 2.4. The temperature of hot water at the draw-off points, regardless of the heat supply system used, must not be lower than 60 °C and not higher than 75 °C. deviation from the temperature of the hot water at the draw-off point, which meets the requirements for technical regulation, is not allowed in accordance with the Decision of the Supreme Court of the Russian Federation dated May 31, 2013 No. AKPI13-394.

For every 3⁰С deviation from the permissible deviations of the HW temperature, the fee is reduced by 0.1 percent of the fee determined for the billing period for each hour of deviation from the permissible deviations.

For each hour of hot water supply, the temperature of which at the point of analysis is below 40⁰С, in total during the billing period, payment for the consumed water is made at the rate for cold water

The pressure in the DHW system at the point of draw-off must be from 0.03 MPa (0.3 kgf/cm²) to 0.45 MPa (kgf/cm²). Pressure deviation in the DHW system is not allowed. For every hour when the pressure deviated from the set up to 25 percent, the amount of the fee is reduced by 0.1% of the amount of the fee for the billing period.

If the pressure differs from the established one by more than 25 percent, the amount of the fee is reduced by the cost of the service accrued in total for each day of providing low-quality QU (regardless of meter readings)

2. How to correctly fix the violation of the quality of public services?

Before determining the temperature of the hot water at the draw-off point, it is necessary to drain the hot water for no more than 3 minutes.

Having revealed that the contractor does not comply with the specified quality standards for hot water services, you must record this, and such fixation occurs according to a strictly defined procedure, deviation from which may result in a refusal to recalculate the fee.

If the contractor discovered the fact of providing a low-quality service, he is obliged to inform the consumer within 24 hours about the reasons and the expected duration of the violation of the quality of the CG.

If the fact of providing a low-quality service is discovered by the consumer, he notifies the emergency dispatch service of the contractor or another service specified by the contractor.

The consumer can make an application orally (for example, by telephone) or in writing, the application is subject to mandatory registration by the dispatcher. The consumer reports his last name, first name, patronymic, address of the premises in which the provision of poor-quality communal services was found, and the dispatcher employee is obliged to provide information about the person who received such a message (i.e. full name), the registration number of the message and the time of its registration.

If the reasons for the provision of a low-quality service are known to the contractor, he informs their consumer immediately, about which a corresponding note is made in the message log. If the reason for the violation of quality is unknown to the dispatcher's employee, the quality of the service is checked. The inspection is scheduled no later than 2 hours from the moment the consumer reports a violation of the quality of the CG, unless a different time is agreed with the tenant.

The most important part of the procedure is the preparation of quality violation reports.

Situation 1: The contractor agrees with the consumer that there is a violation of the hot water supply. Organizes a quality check of the service, and the parties jointly draw up an act. Upon completion of the audit, an ACT of the audit is drawn up, which must indicate:

  • Date and time of the check,
  • identified violations of service quality parameters, for example, temperature violation (indicate the temperature).
  • the methods (tools) used during the inspection to identify such violations,
  • conclusions about the date and time of the beginning of the violation of the quality of CG

The inspection act is drawn up according to the number of persons participating in the inspection, signed by such persons, 1 copy goes to the consumer, contractor and other interested parties participating in the inspection.

Situation 2: As it often happens, the contractor's representative avoids signing the verification act, in this case the act is signed by other participants in the verification and at least 2 disinterested persons.
Tip: make a note on the act that the performer evaded signing the act.
Situation 3: During the audit, the parties argue about whether there is a violation of the quality of the utility service.
In this case, there are two ways: either call a representative of the State Housing Inspectorate to conduct a re-inspection or conduct an examination of the quality of the utility service;
1) Re-checking the quality of the CU with the participation of representatives of the GZhI invited by the contractor, representatives of the public association of consumers. An inspection in this order takes place if none of the persons interested in the inspection initiated an examination of the quality of the utility service. The inspection report must indicate the date and time of the re-inspection. Thus, non-fulfillment of your complaint and violation of your rights as a consumer is the basis for an unscheduled inspection by the inspectors of the GZhI.
2) An interested person may initiate an examination of the quality of a utility service.
How is quality assurance carried out? Any interested participant in the audit has the right to initiate the conduct of the examination of the quality of the utility service. The selection of a sample of a communal resource must be carried out or organized by the contractor.
In this case, what must be reflected in the act? Who initiated the examination, by whom, under what conditions and in what container the sample was taken, what are the quality parameters of the selected sample (if any can be determined), in what time frame, where and by which participant in the examination the selected sample should be transferred for examination, notification procedure interested participants in the audit on the results of the examination.
The executor is obliged to receive the conclusion containing the results of the examination and attach it to the inspection report and, no later than 3 days from the date of receipt of the expert opinion, transfer copies of it to all participants in the inspection.

If it is possible to conduct an examination of the quality of the CG at the place of its provision, the consumer, contractor, other interested participants in the audit determine the date and time of the re-audit with the participation of an invited expert.
In this case, the act should reflect: the date and time of the re-audit, who is the initiator of the examination, which participant in the audit will invite the expert and from which organization. The costs of the examination are borne by the contractor, however, if the examination established the absence of a violation of the quality of the CG, the consumer shall reimburse the costs of its conduct.

Situation 4: The Contractor does not respond to applications, does not conduct an inspection, or it is impossible to notify him of the fact of a violation of the quality of the CG due to the improper organization of the round-the-clock emergency service.
The consumer has the right to draw up an act of checking the quality of the CU in the absence of the contractor. In this case, the act is signed by the chairman of the council of MKD (chairman of the HOA, housing cooperative) and at least two consumers.
Tip 1: in writing, i.e. by registered mail with acknowledgment of receipt or by telegram, notify the contractor about the quality control of the CG on a certain day, indicating that there is a violation of the quality of the CG.
Tip 2: In case of improper operation of the control room, draw up an appropriate act. It must be signed by the chairman of the Council of MKD (chairman of the HOA, ZhSK) and at least two consumers. After compiling this paper, all acts on inspections in the absence of the contractor will be considered legitimate.

Thus, in order to get a recalculation of fees for low-quality housing and communal services, it is necessary to fix violations of the quality of communal services in accordance with a clear procedure.

3. What is the deadline for the contractor (for example, the managing organization) to respond to your application and eliminate the shortcomings in the quality of public services?

1. (General rule) Complaint about the quality of public services
pp. "k" clause 31 of Resolution No. 354 Within 3 working days from the date of receipt of the complaint, the performer is obliged to send a response on the satisfaction of the complaint or on the refusal to satisfy, indicating the reasons for the refusal.
2. Application for clarification of the reasons for the violation of the quality of public services, (for example, by calling the dispatcher)
clause 104 of Resolution No. 354, the Contractor must immediately inform the consumer about the reason for the violation of the quality of the CU, if he knows the reason, about which a note is made in the register of applications.
within 1 day, the contractor notifies the consumer of the reasons for the provision of low-quality utility services, if the reasons were previously unknown).
3. Application for a quality check of the utility service (clause 108 of Decree No. 354) within 2 hours, the contractor must agree on the time for checking the quality of the utility service with the consumer from the moment the consumer reports the violation (orally or in writing).

4. For how long can I ask for recalculation of low-quality housing and communal services.
So, you have recorded violations and in order to apply to the contractor for recalculation of the fee, it is necessary to clearly define the period of such recalculation, for this it is necessary to determine the moment of the beginning of the violation of the quality of the service and the moment of resumption of the provision of quality services.
From what moment is it considered that the utility service is provided with a deviation from the standards?
1. When the contractor discovered a deviation from the quality of the CU that it provides, and independently noted in the register of the facts of violations of the quality of public services;
2. When the consumer discovered and reported to the emergency dispatch service about a violation of the quality of the CG, if the fact is confirmed during the inspection, including the results of the examination.
3. From the moment of the beginning of the violation of the quality of the CU, which were recorded by a collective (general house), common (apartment), individual metering device or other measuring instrument that is intended for these purposes and is used in accordance with the requirements of the legislation of the Russian Federation on the uniformity of measurements, if these devices able to store recorded information.
4. From the moment of confirmation during the inspection or during the examination, a violation of the quality of the utility service, if the contractor does not conduct an inspection or cannot be notified due to the improper organization of the work of the control room. Tip: in this case, the procedure for drawing up the act must be given special attention (see clause 2 Situation 4).
At what point does the period of low-quality provision of public services end?
1. The contractor recorded in the registration log the date and time of the resumption of the provision of public services to consumers specified by the contractor;
2. When the consumer called the dispatch service and reported that the provision of quality public services had been resumed;
3. After drawing up an act on the results of the inspection based on the results of eliminating the causes of the violation of the quality of utilities (the date and time are indicated in the act).
4. From the date and time of the resumption of the provision of public services of adequate quality, which are recorded by a collective (general house), common (apartment), individual metering device or other acceptable measuring instrument, if these devices are capable of storing recorded information.
Thus, in order to get a recalculation of low-quality utilities that are provided of poor quality, it is necessary to perform a number of actions, namely:
identify and record properly that the service is provided with a deviation from the requirements of the law,
determine the period for which you will request recalculation,
calculate the amount of such recalculation,
apply with a request to the contractor, i.e. a person who provides public services.

What additional evidence can confirm that the services were of poor quality.
To confirm the period of recalculation of fees for low-quality housing and communal services, it is possible and necessary to provide the contractor with additional evidence that the services are provided in violation of the law. In particular, such evidence can serve not only the log of applications to the control room and acts of inspections, but also previously issued instructions of the GZhI, records of the parameters of communal resources, and the like.
Having collected all the evidence, it is necessary to apply for the elimination of violations of the quality of public services, with a requirement for the recalculation of utility bills, since in cases of this category it is necessary to carry out a pre-trial settlement procedure (claim procedure).
The consumer protection law provides a number of advantages to the plaintiff: the choice of the court in which the claim will be considered, for example, you can file a claim at the place of residence (alternative jurisdiction), and not in the general order (at the location of the defendant). Consumers are exempted from state duty on claims up to 1 million rubles, and if they apply for protection of rights to the Consumer Rights Protection Society (OZPP), the consumer is exempt from state duty regardless of the amount of the claim, and in addition, does not bear the cost of a power of attorney. OZPP has the right to represent consumers in court on the basis of an application made in a simple written form.

The editors of the portal about real estate and all aspects of a comfortable life in them, the site recalls that all materials written by A. Kolesnikova, one of our regular authors, can be read at.

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.