Calculation of hot water supply: quality control and recalculations. Recalculation of fees for poor-quality utility services (heating, hot water) Sample recalculation of hot water supply due to poor quality

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Consumed accounting system utilities improving every year. Electronic resources have appeared for remotely entering readings and even devices that independently send data from the meter. However, it is not always possible to completely eliminate errors, and the cost of utilities, in particular water supply, is often overpriced. Recalculation for water helps to avoid further overpayment in such cases.

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Our articles are informational in nature about the decision of certain legal issues. However, each situation is individual.

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

In order to validly file an application, you need to know the relevant legislative norms. Issues of payment for utility services are regulated by several acts. The most detailed procedure is specified in Resolution 354.

Government Decree No. 354

• terms of use;
• rights and obligations of the owner, as well as the organization providing services;
• payment procedure;
• cases of recognition of housing and communal services as low-quality, including facts of violation of their provision;
• features associated with the use of central HVS systems and DHW, or a separate column;
• responsibility of the parties.

There is no need to fully delve into the text of the document to solve the problem. You should pay attention to specific articles.

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

All bases are indicated starting at. Paragraphs 86 to 98 describe the recalculation procedure.

Other legislation

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

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

Nuances and grounds for recalculating water consumption

In order for the recalculation to proceed without problems, little is required from the consumer. It is necessary to install meters (it is advisable not to lose technical passports) and submit testimony in a timely manner.

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

Complications of the situation with incorrect charging usually occur in the absence of metering devices, as well as in some cases.

If statements for 2020 were not submitted

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

1. Indications were not provided for 1 to 5 months.
   In this case, the metering device is considered faulty, and the charge occurs according to the calculated average monthly tariff. In this case, recalculation is possible only after the responsible persons have checked the condition of the meters. If the device is in working order and the seals have not been damaged, then you can submit an application.
2. From six months or more.
   Missing 6 billing periods in a row is grounds for refusing to reduce the payment amount. In this case, the management company is obliged to initiate an inspection of the IPU and take readings. This issue is described in more detail in.

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

If there are no meters

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

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

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

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

Recalculation for hot water of inadequate quality

The most significant part of the payment for utilities is hot water supply.

1. Heat. The minimum DHW temperature is 65 degrees. At the same time, the permissible difference for the daily period has been established - a discrepancy of up to 3 (daytime) and 5 degrees (at night). If from hot the tap is coming barely warm water(below 40°C) – payment at the cold water tariff.
2. If the hot water supply is “rusty”, then you can initiate a check. In practice, the method is of little use when water poor quality arrives continuously, most likely, planned work is taking place. In this case, it is difficult to prove the fact of violation of the terms of their duration.

To recalculate for low-quality hot water, a special formula is used.

Formula for recalculating hot water of inadequate quality

The period during which the hot water supply does not meet the norm is from 40 to 64°C. Higher is acceptable, lower is considered cold. For every three degrees less than normal, the cost of the service drops by 0.1%. The calculation algorithm is indicated in paragraph.

Example

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

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

Please note: the reduction in service is calculated not in tenths, but in fractions of a percent, i.e. not 0.1, but 0.001.

Recalculation for hot water during planned shutdowns

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

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• duration of events every 12 months. – no more than 14 days;
• consumers must be notified 10 days before disconnection.

In case of violation of deadlines, the fee is reduced by 0.15% for each hour exceeded. If the duration is met, then no recalculation for hot water will be provided.

Note: for unscheduled suspension there is also maximum terms. In case of emergency, the hot water supply should not be turned off for more than 4 hours in a row.

How to write an application for recalculation

There is no strict format for writing an application. It is enough that it contains all the necessary data. In addition, information about the applicant and the organization to which the application is being submitted should be correctly indicated. It is also worth preparing necessary documents and take into account application deadlines.

Statute of limitations for recalculating hot water

This nuance is important for consumers of utility services if it is impossible to install metering devices. There are time limits for filing an application in case of departure. You must apply for a recalculation no later than 1 month from the date of return. If there is a delay, the accrual adjustment will be denied.

It is best to write an application before departure, attaching documents confirming the period of absence. Application processing time – 5 working days.

Application for recalculation of water by meters

The application is submitted to in writing.

1. Name of the management company and responsible person.
2. Full name and the applicant's contact information.
3. Please recalculate.
4. Indication of justifications with references to laws.
5. Information about the accrual of fees, the amount of which is disputed.
6. Signature and date.

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

Required supporting documents

Before contacting the Criminal Code, you need to collect documents to attach to the application.

• certificate of verification of the meter with a certificate of reconciliation of readings;
• results of hot water temperature measurements;
• documents on shutting off water supply;
• expert opinion on the quality of hot water samples.

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

Where to complain if a water recalculation is refused

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

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

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

It is necessary to describe the problem, complain about misconduct Criminal Code, list the names of employees and dates of submission of applications. The text may refer to a violation of the Housing Code by the management company - and in the form of failure to fulfill obligations. The complaint should be accompanied by a copy of the application, ideally with a return receipt from an employee of the management organization.

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Please note: in order to improve work with consumers, most management companies record conversations. It would be useful to indicate the dates and approximate times of calls if there were attempts to solve the problem by phone.

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

As a result, it is possible to initiate a procedure to analyze the activities of the management company, which may result in large fines and the transfer of the problem to the court. Sometimes facts are discovered that do not allow the housing inspectorate to act within its competence. In this case, the applicant receives a refusal with an explanation and an indication of the authorities to which the claim is forwarded.

Judicial practice on recalculation after verification of water meters

The last authority to turn to if recalculation is necessary is the court. The claim should list violations of articles of the Housing Code and rights by the Criminal Code. At the same time state duty is not paid, since the appeal is considered a claim for consumer protection.

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

Going to court is a last resort, and it usually doesn’t come to that. Recalculation for water by meters is a standard procedure, and most often occurs due to a common error. It is important to promptly respond to inflated charges in payments and seek compensation.

According to sanitary standards hot water from the tap it should be from 60 to 75 *C. If the water temperature is less than 60 * C, then a recalculation must be requested.

17.03.2011 I called the control room with a request to measure the water temperature. According to government decree 05/06/2011 N354 “On the provision of commercial services to owners and users”, the procedure should be as follows:

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

107. If an employee of the emergency dispatch service of the contractor knows the reasons for the violation of the quality of public services, he is obliged to immediately notify the contacting consumer about this and make an appropriate note in the message log.

108. If the employee of the emergency dispatch service of the contractor 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 checking the fact of the violation of the quality of the utility service.

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

COMPLAINT about the refusal to recalculate the payment for hot water.

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

After draining hot water for 5 minutes, the temperature of the pipes was measured. Since in the bathroom the hot water in the tap comes from the heated towel rail pipe, the temperature in the report is indicated as “return temperature (dry): 40.5 * C". Hot water measurements in the kitchen are indicated in the report as “DHW supply temperature: 50*C”.

The repeated temperature measurement provided for by paragraph 74 of the Government of the Russian Federation of May 23, 2006 N 307 “On the procedure for providing utility services to citizens” was carried out only on April 12. The temperature of the hot water in the bathroom was 44*C.

In response to my request to recalculate the payment for DHW, a response was received dated 04/11/2011 No. 766 with the following content: “according to the act, the DHW temperature is 50 * C, the temperature in the bathroom was not measured. The DHW temperature corresponds standard values, recalculation is not performed." Thus, among other things, there is a discrepancy in the answer with the fact that the temperature of 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 recount in accordance with paragraph 6 of Appendix No. 1 of Rules 307. In the response dated April 25, 2011 No. 864, all my arguments were ignored and again there was only a reference to paragraph 5 of Appendix No. 1 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 Real sanitary rules are binding on everyone 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 in water collection points, regardless of the heat supply system used, must be no lower than 60 °C and no higher than 75 °C.

According to paragraph 6 of Appendix No. 1 of the Rules “On the procedure for providing utility 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 utility services in terms of hot water supply is the constant conformity of the composition and properties of hot water sanitary standards and rules.

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

According to paragraph 6 of Appendix No. 1 of Rules 307, it is stipulated that deviations in the composition and properties of hot water from sanitary norms and rules are not allowed; if the composition and properties of water do not comply with sanitary norms and rules, payment is not made for each day of provision of a utility service of inadequate quality (regardless of the 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 Rules 307, according to which the hot water temperature must be at least 50*C for closed systems centralized heating.

I ASK:
1) bring OJSC "UZHH Kalininsky district of the urban district of Ufa RB" to administrative liability under Part 2 of Art. 14.4 Code of Administrative Offenses and Art. 6.4 Code of Administrative Offenses
2) issue an order to recalculate the payment for hot water supply for March in accordance with paragraph 6 of Appendix No. 1 of Rules 307, considering the period of provision of utility services of inadequate quality from March 17, 10:00 to March 31, 24:00
3) due to the fact that the response to my request dated April 19 was issued only on April 25, I ask you to warn OJSC "UZHH Kalininsky district of the urban district of Ufa RB" about the inadmissibility of violating the requirements of paragraph 49, subparagraph "I" of rules 307, according to to which notice of acceptance 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 an administrative case may be initiated 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 standards according to which deviations in water temperature would be allowed during the first minutes, please explain to ZhEU-54 LLC that the water temperature should be measured without first draining the water. *

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

23.05.2011 comes the answer from Rospotrebnadzor:


1.06.2011 UZHH notifies:

Receipt arrives:

16.06.2011 Just in case, I’m writing a statement asking for an explanation of exactly how the recalculation was calculated:

In accordance with paragraph 49 (subparagraph "p") of the Russian Government Decree "on the procedure for providing utility services to citizens" dated May 23, 2006 N 307, I ASK you to provide documents within 3 working days confirming the correctness of the recalculation of fees for hot water supply in the receipt for payment for June 2011

21.06.2011 The ERCC issues a certificate. The text is hard to read, but the gist is that the amount of the refund was calculated using 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 resolution: http://base.consultant.ru/cons/cgi/online.cgi?req=doc;base=LAW;n=114260
3. New resolution:

Explanations on the procedure for recalculating fees for the provision of poor-quality utility services for heating and hot water supply

GZHI Kemerovo region explains to residents the procedure for recalculating fees for the provision of low-quality utility services for heating and hot water supply.

WHAT STANDARDS SHOULD THE QUALITY OF PUBLIC SERVICES MEET?

According to the rules and regulations for the provision of utility services, they must be provided to consumers in required volumes and of proper quality. Otherwise, the amount of payment for a particular utility service is subject to reduction.

For heating, the air temperature in the living room should be at least +20 °C (at corner rooms— +22 °C). In this case, the permissible excess standard temperature- no more than 4 °C, permissible reduction standard temperature during the day is not allowed; at night (from 0.00 to 5.00 hours) - no more than 3 °C.

For hot water, the temperature at the water intake points should be no lower than 60 °C and no higher than 75 °C. The permissible deviation in the temperature of hot water at the point of water collection at night (from 0.00 to 5.00 hours) is allowed by no more than 5 °C, in the daytime (from 5.00 to 00.00 hours) - by no more than 3 °C.

HOW MUCH CAN I REDUCE THE AMOUNT OF PAYMENT FOR POORLY PROVIDED PUBLIC SERVICES?

If the temperature of the supplied hot water differs from the specified one, or the air temperature in the living room does not meet the standards, then this is considered a service of inadequate quality.

According to the law, for each hour and degree of deviation in air temperature in a residential area, in total during the billing period in which the specified deviation occurred, the amount of payment for utility services is reduced by 0.15% (k = 0.0015).

As for hot water supply, for every hour and for every 3 °C deviation from the permissible deviations in hot water temperature, the utility fee is reduced by 0.1% (k = 0.001).

And if the temperature of hot water at the point of collection is below 40 °C, then for each hour of such supply, payment for the consumed water must be made at the rate for cold water supply.

WHAT SHOULD BE DONE TO ACHIEVE A RECALCULATION OF PAYMENT FOR POORLY PROVIDED PUBLIC SERVICES?

It is important to understand that recalculations for poorly provided utility services are made only if all legal requirements for the procedure for establishing the fact of provision of such services are met. So, first of all, residents should contact their utility service provider - this can be a resource supply organization or a management company. A message about a violation of the quality of a utility service can be submitted in writing in the form of a statement () or orally; it must be registered by the organization's emergency dispatch service. Within two hours of receiving the request, its employees are required to conduct an inspection of the living space and take temperature measurements, the results of which must be entered into a special act of the established form. It is drawn up in several copies according to the number of interested parties participating in the inspection, one of the acts is handed over to the consumer (or his representative), the second copy remains with the contractor.

If the utility service provider refuses the owners, they can draw up the document themselves. In this case, the act is signed by two consumers and the chairman of the council apartment building and transmitted to management company.

Together with an act indicating non-compliance temperature regime regulatory indicators, the owner must fill out an application requesting recalculation for poorly provided utility services (). Thus, these two documents are the basis for reducing the heating fee.

To determine the recalculation period, after eliminating the reasons for the violation of the quality of the utility service, the contractor is obliged to make sure that the consumer is provided with a utility service of adequate quality in required volume and draw up an act on the results of the inspection based on the results of eliminating the causes of violation of the quality of the utility service, which is signed by the consumer (or his representative) and the contractor.

HOW TO CORRECTLY MAKE INDEPENDENT TEMPERATURE MEASUREMENTS IN A RESIDENTIAL PREMISES?

To determine the temperature in a room, it is measured at interior wall each room at a distance of one meter from outer wall and one and a half meters from the floor.

Measuring range and permissible error measuring instruments must meet the requirements according to which maximum deviation is 0.1 °C. Otherwise, when measuring with a household thermometer, a measurement error of 1-2°C for such a device can lead to a situation in which “overheating”, if present, will not be detected, and therefore there will be no consequences in the form of recalculation.

EXAMPLE OF RECALCULATION OF PAYMENT IN CONNECTION WITH THE PROVISION OF POOR-QUALITY HEATING SERVICES

Apartment area – 54m2;
Consumption standard - 0.017925 Gcal/m2;
The cost of 1 Gcal is 703.38 rubles. /m2;
Number of days in a month - 30 days. ;
Number of days when the temperature exceeded the norm – 7 days;

Temperature deviation from the norm and maximum permissible deviations is 3 degrees (temperature in the apartment is 27°C with permissible values ​​being 24°C);

The decrease for each degree and each hour when a violation occurred is 0.15% (0.0015).

1. The cost for heating per month will be: 54m2 x 0.017925 Gcal/m2 x 703.38 rubles. = 680.84 rub.;
2. Accrual for the period in which the violation was established is 680.84 rubles/30 days. x 7 days = 158.86 rub.;
3. 3℃ x 0.0015 x 7 days. x 24 hours x 158.86 rub. = 120.1 rub.;
Amount to be paid: RUB 680.84. — 120.1 rub. = 560.74 rub.

Thus, the payment in this situation will be reduced by 18%