Analysis of 344 decisions of the government of the Russian Federation. On amendments to some acts of the government of the Russian Federation on the provision of public services. Entry into force of new standards for ODN
Implementation of the Terms of Service utilities owners and users of premises in apartment buildings and residential buildings approved by the Decree of the Government of the Russian Federation dated 06.05.2011 No. 354 in St. Petersburg
(as amended on 16.04.2013 No. 344)
On June 1, 2013, amendments to the Rules for the Provision of Utilities to Owners and Users of Premises in Apartment Buildings and Residential Buildings, approved by Decree of the Government of the Russian Federation dated 06.05.2011 No. 354, introduced by the Government of the Russian Federation No. ...
Changes to the Rules provide for the following:
Establishment of payments for utilities provided for general household needs in an amount not exceeding the standard for consumption of utilities for general household needs;
Elimination of the obligation to provide consumers with information on meter readings on a monthly basis within a fixed time frame;
Simplification of the procedure for establishing the fact of the provision of public services of inadequate quality;
The exclusion of the obligation to pay for the sewage utilities provided for general household needs (based on clause 4 of the Rules);
Determination of the composition of the common property of owners of premises in apartment buildingused to calculate the amount of payment for utility services for water supply provided for general household needs;
Introduction of the obligation to recalculate the amount of utility bills based on the results of reconciliation of meter readings;
The application from January 1, 2015 of increasing coefficients that increase the standard of consumption of public services, in the absence of collective (general house) metering devices and (or) individual, common (apartment) metering devices, if available technical capability their settings;
The procedure for drawing up an act on establishing the number of temporary residents (not registered in a residential building in accordance with the established procedure) with the establishment of the possibility of recalculating the amount of payment on the basis of protocols on administrative offenses provided for in Art. 19.15 Administrative Code of the Russian Federation.
The implementation of changes to the Rules allows:
Encourage organizations that manage apartment buildings to implement energy saving measures in order to ensure the rational use of utility resources;
Reduce the burden on consumers of utilities by eliminating the obligation to provide monthly information on meter readings;
Encourage owners of premises in an apartment building to install metering devices;
Reduce the amount of payments for utilities provided for general household needs (by eliminating the obligation to pay for utility services for water disposal provided for general household needs, as well as improving the procedure for calculating the rate of consumption of public water supply services).
The Committee on Tariffs of St. Petersburg, by order No. 97-r of 05/27/2013, approved new standards for consumption of cold and hot water supply for general house needs and new standards for heating:
The consumption standards for cold and hot water supply for general house needs have been reduced by 9 and 6 times, respectively, and amount to 0.03 cubic meters per square meter of common property premises,
The consumption standard for wastewater disposal for general house needs has been excluded;
- the standard for heating for general house needs is excluded, while the consumption standard for heating a dwelling includes a component for general house needs, as it was before 09/01/2012. The consumption standards for heating utilities have been reduced by 5% compared to those in force before 01.06.2013 (in comparable conditions).
Establishing the Fact of Providing Utilities of Inadequate Quality
From 01.06.2013, the procedure for establishing the fact of providing a utility service of inadequate quality has been simplified.
If the contractor fails to check within a period of not more than 2 hours from the moment of receipt of the message from the consumer to the emergency dispatch service, unless otherwise agreed with the consumer, the consumer has the right to draw up an act in the absence of the contractor with the involvement of at least 2 consumers and the chairman Council apartment building, or the chairman of the HOA, ZhSK, ZhK.
At the same time, the date and time of the beginning of the violation of the quality of the utility service, recorded in the act, are the date and time from which it is considered that the service is provided with quality violations (for subsequent recalculation).
The procedure for determining the composition of the common property of owners of premises in an apartment building, used to calculate the amount of payment for utilities for water supply provided for general house needs.
From 06/01/2013, the Rules included the concept of the total area of \u200b\u200bpremises that are part of the common property in an apartment building, in order to determine the volume of communal resources (cold water, hot water, electricity) for general needs for residential or non-residential premises in an apartment building : the total area of \u200b\u200binter-apartment staircases, stairs, corridors, vestibules, halls, lobbies, wheelchairs, security (concierge) premises that do not belong to individual owners.
When determining the area included in the common property in an apartment building, one should be guided by the letter of the Committee on Tariffs of St. Petersburg dated 07.09.2012 No. 01-14-1769 / 12-0-0.
The ratio of the "area of \u200b\u200bpremises of the common property of the house" and "the total area of \u200b\u200bresidential and non-residential premises" directly affects the amount of payment for utilities for general needs.
Average percentage of the ratio of the area of \u200b\u200bcommon property premises to the total area of \u200b\u200bresidential and non-residential premises apartment buildings according to the analysis of 8118 technical passports of apartment buildings is 12.5%. At the same time, in accordance with the technical passport of the house and the planning features, the area of \u200b\u200bthe premises of the common property can be a larger percentage, which is not a mistake.
As examples:
1. The total area of \u200b\u200bresidential and non-residential premises is 11,628.61 sq.m, the area of \u200b\u200bthe premises of the common property of the house is 982.45 sq.m, the area of \u200b\u200bthe apartment is 62.74 sq.m.
The share of the area of \u200b\u200bcommon property coming to the specified apartment will be 5.3 square meters (8.4%).
0.03 cubic meters * 5.3 square meters * 20.38 rubles. per cubic meter \u003d 3.2 rubles.
0.03 cubic meters * 5.3 square meters * 81.08 rubles. per cubic meter \u003d 12.89 rubles.
2. The total area of \u200b\u200bresidential and non-residential premises is 4265.6 sq.m, the area of \u200b\u200bthe premises of the common property of the house is 837 sq.m, the area of \u200b\u200bthe apartment is 67.6 sq.m.
The share of the area of \u200b\u200bcommon property allocated to the specified apartment will be 13.26 sq.m (19.6%).
The amount of payment for cold water supply for general household needs per month will be no more than:
0.03 cubic meters * 13.26 sq.m * 20.38 rubles. per cubic meter \u003d 8.11 rubles.
The amount of payment for hot water supply for general needs per month will be no more than:
0.03 cubic meters * 13.26 sq.m * 81.08 rubles. per cubic meter \u003d 32.25 rubles.
Household consumption.
P one i \u003d V one i * T cr, (formula 10)
P one i - the amount of payment for a utility service provided for general house needs in an apartment building for the i-th dwelling (apartment);
V one i- the volume (quantity) of the communal resource provided for the billing period for general house needs in an apartment building and attributable to the i-th dwelling (apartment);
T cr - the tariff for a utility resource established in accordance with the legislation of the Russian Federation.
, (formula 11)
V i single 1 - the volume (amount) of cold water for the i-th dwelling (apartment) provided for the billing period for general house needs in an apartment building equipped with a collective (common house) cold water meter;
V d - the volume (amount) of cold water consumed during the billing period in an apartment building, determined according to the indications of a collective (common house) cold water meter;
V u tender - the volume (amount) of cold water consumed during the billing period in the u-th non-residential premises;
V v lived n - the volume (amount) of cold water consumed during the billing period in the v-th living room (apartment), not equipped with an individual or common (apartment) meter;
V w living p - the volume (amount) of cold water consumed during the billing period in the w-th living room (apartment) equipped with an individual or common (apartment) cold water meter, determined according to the readings of such a meter;
V i gv - volume (quantity) of hot water (in the case of independent production by the contractor of the utility service for hot water supply (in the absence of centralized hot water supply)) consumed during the billing period in i-th residential premises (apartment) or non-residential premises in an apartment building;
V kr - the volume of cold water used by the contractor in the production of communal heating services (in the absence of district heating), which, in addition, was also used by the contractor in order to provide consumers with communal services for cold water supply;
S i
S about
General consumption
, (formula 12)
V i single 2 - the volume (amount) of hot water, gas, domestic waste water and electric energy for the i-th dwelling (apartment) provided for the billing period for general house needs in an apartment building equipped with a collective (common house) meter of the corresponding type of communal resource;
V d - the volume (quantity) of the communal resource consumed during the billing period in an apartment building, determined according to the indications of the collective (common house) metering device of the communal resource;
V u tender - the volume (quantity) of the communal resource consumed during the billing period in the u-th non-residential premises;
V v lived n - the volume (quantity) of the communal resource consumed during the billing period in the v-th living room (apartment), not equipped with an individual or common (apartment) metering device;
V w living p - the volume (quantity) of the communal resource consumed during the billing period in the w-th living room (apartment) equipped with an individual or common (apartment) metering device of the corresponding type of communal resource, determined according to the indications of such a meter;
V cr is the volume of the corresponding type of communal resource (electric energy, gas) used during the billing period by the contractor in the production of communal services for heating and (or) hot water supply (in the absence of centralized heating and (or) hot water supply), which, in addition, was also used the contractor in order to provide consumers with utility services for electricity and (or) gas supply;
S i - the total area of \u200b\u200bthe i-th dwelling (apartment) in an apartment building;
S about- the total area of \u200b\u200ball residential premises (apartments) and non-residential premises in an apartment building.
Heating
Individual consumption
, (formula 3)
V D - the volume (amount) of heat energy consumed during the billing period, determined according to the indications of the collective (common house) heat energy meter, which is equipped with an apartment building;
S i - the total area of \u200b\u200bthe i-th residential or non-residential premises;
The total area of \u200b\u200ball residential and non-residential premises of an apartment building;
Т Т - tariff for thermal energyestablished in accordance with the legislation of the Russian Federation.
The volume of heat energy according to the general metering device - 57.405 Gcal
Tariff per volume unit - 1351.25 rubles / Gcal
Area of \u200b\u200bresidential and non-residential premises in the house - 1501.99 sq.m
Apartment area - 31 sq.m
Clarifications on certain issues of the application of the Rules for the provision of utilities, taking into account the changes introduced by the decrees of the Government of the Russian Federation No. 344 of 04.16.2013 and No. 824 of 09.19.2013
On June 1, 2013, amendments to the Rules for the Provision of Utilities to Owners and Users of Premises in Apartment Buildings and Residential Buildings, approved by Decree of the Government of the Russian Federation dated 06.05.2011 No. 354, introduced by the Government of the Russian Federation No. ...
Changes to the Rules provide for the following:
1. Payment for water disposal for general house needs is excluded.
2. Payment for heating for general needs is excluded.
3. The standards for consumption of communal services for cold and hot water supply for general household needs have been significantly reduced by 9 and 6 times, respectively.
4. It is envisaged to introduce, from January 1, 2015, increasing coefficients to the standards for the consumption of public services, in the case of not installing individual (apartment) metering devices, if there is a technical possibility of their installation.
5. A procedure has been introduced for drawing up an act on establishing the number of temporary residents (not registered in a dwelling in the prescribed manner) with the establishment of the possibility of recalculating the amount of payment.
6. In the presence of general household metering devices, the amount of payment for cold and hot water supply for general household needs should not be higher than that calculated according to consumption standards established by the Committee on Tariffs of St. Petersburg.
Moreover, the decision general meeting owners of premises in an apartment building may make other decisions on the distribution of the communal resource for general house needs.
7. In case of revealing the fact of providing a utility service of inadequate quality (deviation in hot water temperature, change in water properties: color, smell, etc.), the procedure for establishing the fact of providing a utility service of inadequate quality for subsequent recalculation of payments was simplified.
Decree of the Government of the Russian Federation of September 19, 2013 No. 824 established the obligation of the managing organization, HOA, ZhK, ZhKK to commission individual metering devices without charging the consumer. Thus, the specified service is free of charge.
GOVERNMENT OF THE RUSSIAN FEDERATION
ABOUT THE DIRECTION
BUDGET ALLOCATIONS FOR PROVIDING
IN 2016 FROM THE FEDERAL BUDGET OF SUBSIDIES
FOR REFUNDS IN INCOME LOSSES OF RUSSIAN LEASING
OF ORGANIZATIONS WHEN PROVIDING DISCOUNTS TO THE LEASING RECEIVER
ON PAYMENT OF ADVANCED PAYMENT UNDER WHEEL LEASING AGREEMENTS
VEHICLES AND SUBSIDIES TO THE RUSSIAN CREDIT
TO ORGANIZATIONS FOR RECOVERY OF LOST PROFITS ON LOANS,
ISSUED BY RUSSIAN CREDIT ORGANIZATIONS, AND INTRODUCTION
CHANGES IN SOME ACTS OF THE GOVERNMENT
RUSSIAN FEDERATION
The Government of the Russian Federation decides:
1. In accordance with clause 9 of part 1 of article 21 Federal law "On the federal budget for 2016" to direct budgetary allocations provided to the Ministry of Finance of the Russian Federation under the subsection "General economic issues" of the section "National economy" of the classification of budget expenditures, in the amount of 5,000,000 thousand rubles to the Ministry of Industry and Trade of the Russian Federation for submission in 2016 from federal budget subsidies to compensate for losses in the income of Russian leasing organizations when granting the lessee a discount on the advance payment under wheel leasing agreements vehicle, concluded in 2015 - 2016, and in the amount of 9,300,000 thousand rubles to the Ministry of Industry and Trade of the Russian Federation for the provision of subsidies from the federal budget to Russian credit institutions in 2016 to compensate for shortfalls in income on loans issued by Russian credit institutions in 2015 - 2016 individuals for the purchase of cars.
2. To approve the attached amendments to be introduced into the acts of the Government of the Russian Federation.
Prime Minister
Russian Federation
D. MEDVEDEV
Approved
government decree
Russian Federation
dated April 23, 2016 N 344
CHANGES,
WHICH ARE SUBMITTED TO THE ACTS OF THE GOVERNMENT OF THE RUSSIAN FEDERATION
1. In the decree of the Government of the Russian Federation of April 16, 2015 N 364 "On the provision of subsidies from the federal budget to Russian credit institutions to compensate for lost income on loans issued by Russian credit institutions in 2015 to individuals for the purchase of cars, within the framework of the Automotive industry "of the state program of the Russian Federation" Development of industry and increasing its competitiveness "(Collected Legislation of the Russian Federation, 2015, N 17, Art. 2560):
a) in the name and paragraph 2:
b) in the Rules for the provision of subsidies from the federal budget to Russian credit institutions to reimburse shortfalls in income on loans issued by Russian credit institutions in 2015 to individuals for the purchase of cars, within the framework of the Automotive Industry subprogram of the state program of the Russian Federation "Industrial development and increasing its competitiveness "approved by the said resolution:
in the name:
the words "in 2015" shall be replaced by the words "in 2015 - 2016";
the words ", within the framework of the subprogram" Automotive industry "of the state program of the Russian Federation" Development of industry and increasing its competitiveness "shall be deleted;
item 1 shall be stated in the following edition:
"1. These Rules establish the procedure and conditions for the provision of subsidies from the federal budget to Russian credit institutions to compensate for lost income on loans issued by Russian credit institutions in 2015-2016 to individuals for the purchase of cars, in order to achieve the indicators and indicators established by the state program of the Russian Federation "Development of Industry and Increasing its Competitiveness" (hereinafter, respectively - credit organizations, loans, subsidies). ";
in point 3:
in subparagraph "c" the words "1 million rubles" shall be replaced by the words "1150 thousand rubles";
subparagraph "d" after the words "in 2015" add the words "or in 2016";
in point 5:
in subparagraph "d" the words "Federal Service for Financial and Budgetary Supervision" shall be replaced by the words "state financial control bodies";
supplement with subparagraph "and" of the following content:
"i) a ban on the acquisition of foreign currency at the expense of funds received, with the exception of operations carried out in accordance with the currency legislation of the Russian Federation when purchasing (supplying) high-tech imported equipment, raw materials and components, as well as those related to achieving the goals of providing these funds.";
in paragraph 12 of the words " Federal Service financial and budgetary supervision "replace with words" federal body the executive power exercising control and supervision functions in the financial and budgetary sphere ";
clause 13 shall be amended as follows:
"13. In the event of a violation of the conditions for granting a subsidy, the funds received credit institutionare to be returned to federal budget within 30 calendar days from the date of receipt corresponding requirement from the Ministry of Industry and Trade of the Russian Federation and (or) the executive authority exercising control and supervision functions in the financial and budgetary sphere. ";
add clause 14 as follows:
"14. The remaining subsidies not used in the reporting financial year, in cases stipulated by the agreement on the provision of subsidies, are subject to return to the federal budget within 30 calendar days after the expiration of the reporting financial year.";
in the numbering heading and title of the appendix to these Rules:
the words "in 2015" shall be replaced by the words "in 2015 - 2016";
the words ", within the framework of the subprogram" Automotive industry "of the state program of the Russian Federation" Development of industry and increasing its competitiveness "shall be deleted.
Help to the Decree of April 16, 2013 No. 344 on amendments to some acts of the Government of the Russian Federation on the provision of utilities
The document was developed by the Ministry of Regional Development of Russia.
In accordance with the decisions taken by the President of the Russian Federation (No. Pr-340 of February 19, 2013) and the Government of the Russian Federation (No. DK-P9-21pr of February 2, 2013), the Resolution introduces the following changes to the Rules for the establishment and determination of consumption standards for utilities services approved by the Decree of the Government of the Russian Federation dated May 23, 2006 No. 306, and the Rules for the provision of communal services to owners and users of premises in apartment buildings and residential buildings, approved by the Government of the Russian Federation dated May 6, 2011 No. 354:
- - the establishment of payments for utilities provided for general household needs, in an amount not exceeding the standard of consumption of utilities for general household needs;
- - elimination of the obligation to provide consumers with information on meter readings on a monthly basis within a fixed time frame;
- - simplification of the procedure for establishing the fact of the provision of public services of inadequate quality;
- - the exclusion of the obligation to pay for the municipal sewage service provided for general household needs;
- - determination of the composition of the common property of the owners of premises in an apartment building, used to calculate the amount of payment for utilities for water supply provided for general house needs;
- - introduction of the obligation to recalculate the amount of utility bills based on the results of reconciliation of meter readings;
- - the application from January 1, 2015 of increasing coefficients that increase the standard of consumption of public services, in the absence of collective (general house) metering devices and (or) individual, common (apartment) metering devices, if there is a technical possibility of their installation;
- - the procedure for drawing up an act on establishing the number of temporary residents (not registered in the dwelling in the prescribed manner) with the establishment of the possibility of recalculating the amount of payment on the basis of the protocols on administrative offenses provided for by Article 19.15 of the Code of Administrative Offenses of the Russian Federation.
The implementation of the Resolution will allow:
- - to encourage organizations that manage apartment buildings to implement energy saving measures in order to ensure the rational use of utility resources;
- - to reduce the burden on consumers of public services by eliminating the obligation to provide monthly information on meter readings;
- - to stimulate the owners of premises in an apartment building to install metering devices;
- - to reduce the amount of payment for utilities provided for general household needs (by eliminating the obligation to pay for utility waste water services provided for general household needs, as well as improving the procedure for calculating the rate of consumption of public water supply services).
Resolution of April 16, 2013 No. 344
On amendments to some acts of the Government of the Russian Federation on the provision of utilitiesThe Government of the Russian Federation decides:
1. To approve the attached amendments to the acts of the Government of the Russian Federation on the provision of public services.
2. Organs state power of the constituent entities of the Russian Federation until June 1, 2013 to ensure that the regulatory legal acts of the constituent entities of the Russian Federation are brought in line with the changes approved by this resolution
3. To recommend that local government bodies ensure by holding general meetings of owners of premises
In apartment buildings, informing the owners of premises who directly manage apartment buildings about energy saving measures if the volume of communal resources consumed for general house needs, determined on the basis of indications of collective (general) metering devices, exceeds the corresponding consumption standards.
4. Establish that:
1) clause 1 of the amendments approved by this resolution shall enter into force 7 days after the date of official publication of this resolution;
2) clause 2 of the amendments approved by this resolution shall enter into force on June 1, 2013, with the exception of subparagraphs "c"
and "t", which come into force on January 1, 2015.
Prime Minister
Russian Federation D. Medvedev
The Government of the Russian Federation decides:
1. To approve the attached amendments to the acts of the Government of the Russian Federation on the provision of public services.
2. The state authorities of the constituent entities of the Russian Federation shall, by June 1, 2013, ensure that the normative legal acts of the constituent entities of the Russian Federation are brought into line with the changes approved by this resolution.
3. It is recommended to local authorities to ensure, by holding general meetings of owners of premises in apartment buildings, informing the owners of premises who directly manage apartment buildings about energy saving measures if the volume of communal resources consumed for general household needs, determined on the basis of indications of collective (communal) metering devices exceeds the corresponding consumption standards.
4. Establish that:
1) clause 1 of the amendments approved by this resolution shall enter into force 7 days after the date of official publication of this resolution;
2) clause 2 of the amendments approved by this resolution shall enter into force on June 1, 2013, with the exception of sub-clauses "c" and "t", which come into force on January 1, 2015.
Changes,
which are included in the acts of the Government of the Russian Federation on the provision of public services
(approved by the decree of the Government of the Russian Federation of April 16, 2013 No. 344)
1. In the Rules for Establishing and Determining Utilities Consumption Standards, approved by Decree of the Government of the Russian Federation No. 306 dated May 23, 2006 (Collected Legislation of the Russian Federation, 2006, No. 22, Art. 2338; 2012, No. 15, Art. 1783):
a) in clause 7:
the third paragraph of sub-clause "c" shall be deleted;
the third paragraph of sub-clause "e" shall be deleted;
b) the second paragraph of clause 29 shall be declared invalidated;
c) in the appendix to the said Rules:
"3. The consumption rate of utility services for heating in residential premises (Gcal per month per 1 sq. M of the total area of \u200b\u200ball residential and non-residential premises in an apartment building or residential building) is determined by the following formula:
(formula 5)
* - the total consumption of heat energy for heating apartment buildings or residential buildings during the heating period, determined according to the indications of collective (common) metering devices in apartment buildings or individual metering devices in residential buildings (Gcal);
* - a period equal to the duration of the heating period (the number of calendar months, including incomplete ones, in the heating season), in which the total consumption of heat energy for heating apartment buildings or residential buildings was measured. ";
"3.1. If it is technically possible to install collective (common house) metering devices, the standard for the consumption of communal services for heating in residential premises is determined according to formula 5, taking into account the increasing coefficient, which is:
since 2017 - 1.6. ";
paragraph 4 shall be declared invalidated;
add clause 5.1 as follows:
"5.1. If it is technically possible to install collective (common house), individual or common (apartment) metering devices, the standard for the consumption of communal services for cold water supply (the standard for the consumption of communal services for hot water supply) in residential premises is determined by formula 6, taking into account the increasing coefficient constituting :
since 2017 - 1.6. ";
add clause 7.1 as follows:
"7.1. If it is technically possible to install collective (common house), individual or common (apartment) metering devices, the standard for the consumption of communal services for cold (hot) water supply for common house needs is determined by formula 8, taking into account the increasing coefficient, which is:
since 2017 - 1.6. ";
add clause 8.1 as follows:
"8.1. If it is technically possible to install collective (common house), individual or common (apartment) metering devices, the standard for the consumption of utility services for power supply in residential premises is determined by formula 9, taking into account the increasing coefficient, which is:
since 2017 - 1.6. ";
add clause 9 as follows:
"9. If it is technically possible to install collective (common house), individual or common (apartment) metering devices, the standard for the consumption of utility services for power supply for common house needs is determined by formula 10, taking into account the increasing coefficient, which is:
since 2017 - 1.6. ";
clause 18 shall be amended as follows:
"18. The standard of consumption of utility services for heating in residential and non-residential premises (Gcal per 1 square meter of the total area of \u200b\u200ball residential and non-residential premises in an apartment building or residential building per month) is determined by the following formula:
(formula 18)
* - the amount of heat energy consumed during one heating period by apartment buildings not equipped with collective (common building) heat energy metering devices, or residential buildings not equipped with individual heat energy metering devices (Gcal), determined by formula 19;
* - the total area of \u200b\u200ball residential and non-residential premises in apartment buildings or the total area of \u200b\u200bresidential buildings (sq. m);
* - a period equal to the duration of the heating period (the number of calendar months, including incomplete ones, in the heating period). ";
the name of the subsection "Formula for calculating the rate of consumption of a utility service for heating for general house needs" shall be excluded;
paragraph 21 shall be declared invalidated;
clause 27 shall be amended as follows:
"27. The standard of consumption of communal services for cold (hot) water supply for general house needs (cubic meters per month per 1 square meter of the total area of \u200b\u200bpremises that are part of the common property in an apartment building) is determined by the following formula:
(formula 26)
* - the standard of consumption of utility services for cold (hot) water supply (cubic meters per month for 1 person), determined in accordance with paragraphs 23 - 26 of this document;
0.09 - consumption of cold (hot) water for general household needs (cubic meters per month for 1 person);
K is the number of residents living in apartment buildings for which the standard is determined;
* - the total area of \u200b\u200bthe premises that are part of the common property in apartment buildings (sq. m).
The total area of \u200b\u200bthe premises that are part of the common property in an apartment building is determined as the total area of \u200b\u200bthe following premises that are not part of the apartments of an apartment building and are intended to serve more than one room in an apartment building (according to the information specified in the passport of an apartment building): the area of \u200b\u200binter-apartment staircases platforms, stairs, corridors, vestibules, halls, lobbies, wheelchairs, security (concierge) premises in this apartment building, not belonging to individual owners. "
2. In the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 "On the provision of utility services to owners and users of premises in apartment buildings and residential buildings" (Collected Legislation Russian Federation, 2011, No. 22, Art. 3168; 2012, No. 23, Art. 3008; No. 36, Art. 4908):
a) in subparagraph "in" paragraph 4 the words ", as well as from the premises that are part of the common property in an apartment building," shall be deleted;
b) in subparagraph "h" of paragraph 19:
the words "and also" shall be deleted;
add the words ", as well as the procedure and conditions for receiving readings from metering devices";
c) in clause 31:
subparagraph "d" to add the words ", with the receipt of data during the verification of the reliability of the information provided by the consumer to the contractor about the readings of metering devices, taking readings of individual, general (apartment), room metering devices (distributors) installed outside residential (non-residential) premises";
"f.1) at least once every 6 months, take readings of individual, general (apartment), room metering devices (distributors) installed outside residential (non-residential) premises, check the state of such metering devices (if an agreement containing provisions on the provision of utilities, and (or) decisions of the general meeting of owners of premises in an apartment building, a different procedure for taking readings of such metering devices has not been established); ";
supplement with subparagraph "u.1" as follows:
"y.1) use the funds received as a difference in calculating the amount of utility bills using multiplying coefficients for the implementation of measures to save energy and increase energy efficiency;";
d) in paragraph 32:
subparagraph "d" shall be stated in the following edition:
"d) carry out, no more than 1 time in 6 months, check the reliability of the information transmitted by the consumer to the performer about the readings of individual, general (apartment), room metering devices (distributors) installed in residential (non-residential) premises, by visiting the premises in which these devices are installed accounting, as well as checking the status of these metering devices; ";
supplement with subparagraph "e.1" as follows:
"f.1) establish the number of citizens living (including temporarily) in the residential premises occupied by the consumer, if the residential premises are not equipped with individual or general (apartment) metering devices for cold water, hot water, electricity and gas, and make an act establishing the number of such citizens; ";
e) clause 33 shall be supplemented with sub-clause "k.1" as follows:
"j.1) in the presence of an individual, general (apartment) or room metering device, take its readings on a monthly basis and transmit the readings to the contractor or his authorized person no later than the date established by the contract containing provisions on the provision of utilities;";
f) in paragraph 34:
subparagraph "c" shall be declared invalidated;
subparagraph "g" shall be stated as follows:
"g) allow the contractor to enter the occupied residential or non-residential premises for taking readings of individual, general (apartment), room metering devices and distributors, checking their condition, the fact of their presence or absence, as well as the reliability of the information provided by the consumer to the contractor about the readings of such metering devices and distributors at the time agreed in advance in the manner specified in paragraph 85 of these Rules, but not more often than 1 time in 6 months; ";
g) Clause 40 shall be amended as follows:
"40. The consumer of utilities in an apartment building (with the exception of utilities for heating), regardless of the chosen method of managing an apartment building, as part of the utility bills, separately pays a fee for utilities provided to the consumer in a residential or non-residential premises, and a fee for utilities consumed in the process of using common property in an apartment building (hereinafter referred to as utilities provided for general household needs).
The consumer of the heating utility pays a fee for this service in aggregate without dividing it into the payment for the consumption of the specified service in the residential (non-residential) premises and the payment for its consumption for general household needs.
The consumer of the utility service for heating and (or) hot water supply, produced and provided by the contractor to the consumer in the absence of centralized heat supply and (or) hot water supply systems, makes general fee for such a utility service, calculated in accordance with clause 54 of these Rules and including both a payment for a utility service provided to a consumer in a residential or non-residential premises, and a payment for a utility service provided for general household needs. ";
h) in clause 42:
the first paragraph after the words "metering device," add the words "except for utility bills for heating,";
the third paragraph shall be declared invalidated;
i) add clause 42.1 as follows:
"42.1. In the absence of a collective (common house), common (apartment) and individual metering devices in all residential or non-residential premises of an apartment building, the amount of payment for the communal heating service is determined in accordance with formula 2 of Appendix No. 2 to these Rules based on the consumption rate of the communal services.
In an apartment building, which is equipped with a collective (common building) metering device for heat energy and in which not all residential or non-residential premises are equipped with individual and (or) general (apartment) metering devices (distributors) of heat energy, the amount of payment for a utility service for heating in a residential room is determined in accordance with formula 3 of Appendix No. 2 to these Rules based on the indications of the collective (common house) heat metering device.
In an apartment building, which is equipped with a collective (common building) metering device for heat energy and in which all residential and non-residential premises are equipped with individual and (or) general (apartment) metering devices (distributors) of heat energy, the amount of payment for the utility service for heating in residential and non-residential premises is determined in accordance with formula 31 of Appendix No. 2 to these Rules based on the readings of individual and (or) general (apartment) heat energy meters. ";
j) in paragraph 44:
the first paragraph after the words "metering device," shall be supplemented with the words "except for the communal heating service,";
the second paragraph shall be stated in the following edition:
"The volume of communal services provided for general household needs distributed among consumers during the billing period cannot exceed the volume of communal services calculated on the basis of the consumption standards of communal services provided for general household needs, except for cases when a general meeting of owners of premises in an apartment building held in accordance with the established procedure, it was decided to distribute the volume of utility services in the amount of the excess of the volume of utility services provided for general household needs, determined based on the indications of a collective (general) metering device, over the volume calculated based on the consumption standards of a utility service provided for general household needs, between all residential and non-residential premises in proportion to the size of the total area of \u200b\u200beach residential and non-residential premises. ";
add the following paragraphs:
"If the specified decision is not made, the volume of the utility service in the amount of the excess of the volume of the utility service provided for general household needs, determined based on the indications of the collective (general) metering device, over the volume calculated based on the consumption standards of the utility service provided for general household needs , the contractor pays at his own expense.
The calculation procedure established by the second and third paragraphs of this clause does not apply to cases in which, in accordance with these Rules, the utility service provider is a resource supplying organization. In these cases, the volume of communal services provided for general house needs for the billing period is calculated and distributed among consumers in proportion to the size of the total area of \u200b\u200bresidential or non-residential premises belonging to each consumer (being in his use) in an apartment building in accordance with formulas 11-14 of Appendix No. 2 to these Rules. ";
k) in subparagraph "a" of paragraph 47 the word "drainage," shall be deleted;
l) Clause 48 shall be stated in the following edition:
"48. In the absence of a collective (common house) metering device, the amount of payment for utilities provided for general house needs, with the exception of communal heating services, is determined in accordance with Formula 10 of Appendix No. 2 to these Rules.";
m) add clause 56.1 as follows:
"56.1. If the living space is not equipped with an individual or common (apartment) metering device for cold water, hot water, electricity and gas and the contractor has information about the consumers temporarily living in the living space who are not registered in this room for a permanent (temporary) place of residence or place of stay, the performer has the right to draw up an act on establishing the number of citizens temporarily residing in a residential building.The specified act is signed by the performer and the consumer, and if the consumer refuses to sign the act, the performer and at least 2 consumers and the chairman of the council of the apartment building, in which a partnership or cooperative has not been created, by the chairman of the partnership or cooperative, if the management of the apartment building is carried out by the partnership or cooperative and the management body of such partnership or cooperative has concluded a management agreement with the managing organization.
This act indicates the date and time of its preparation, the surname, name and patronymic of the owner of the dwelling (permanently residing consumer), address, place of his residence, information on the number of temporarily residing consumers. If the owner of the dwelling (permanently residing consumer) refuses to sign the act or the owner of the dwelling (permanently residing consumer) is absent from the dwelling at the time of drawing up the act, a corresponding note is made in this act. The contractor is obliged to transfer 1 copy of the act to the owner of the residential premises (permanently residing consumer).
The specified act within 3 days from the date of its drawing up is sent by the executor to the internal affairs bodies and (or) the bodies authorized to exercise control and supervision functions in the field of migration. ";
o) Clause 58 shall be amended as follows:
"58. The number of consumers temporarily living in a dwelling is determined on the basis of the application specified in subparagraph" b "of paragraph 57 of these Rules, and (or) on the basis of a authorized bodies protocol on administrative offenseprovided for in Article 19.15 of the Code of Administrative Offenses of the Russian Federation. ";
o) in paragraph 59:
in the first paragraph, the words "at least 1 year" shall be replaced by the words "at least 6 months", the words "less than 1 year" shall be replaced by the words "less than 6 months";
subparagraph "b" shall be stated in the following edition:
"b) if the consumer fails to provide readings of an individual, general (apartment), room metering device for the billing period within the time limits established by these Rules, or an agreement containing provisions on the provision of utilities, or by a decision of the general meeting of owners of premises in an apartment building, - starting from the billing period for which the consumer did not submit the meter readings until the billing period (inclusive), for which the consumer presented the meter readings to the contractor, but no more than 6 billing periods in a row; ";
p) supplement with clause 59.1 as follows:
"59.1. The payment for the utility service provided for general household needs for the billing period, taking into account the provisions of paragraph 44 of these Rules, is determined based on the calculated average monthly consumption of the utility resource, determined according to the indications of the collective (general household) metering device for a period of at least 6 months ( for heating - based on the average monthly consumption for the heating period), and if the period of operation of the meter was less than 6 months, then for the actual period of operation of the meter, but not less than 3 months (for heating - at least 3 months of the heating period) - starting from the date when the collective (general house) metering device previously put into operation failed or was lost, or its service life has expired, and if the date cannot be established, then starting from the settlement period in which these events occurred until the date when accounting of communal resource was resumed by putting into operation the corresponding established the requirements of the collective (common house) metering device, but not more than 3 billing periods in a row. ";
c) Clause 60 shall be amended as follows:
"60. Upon expiration of the maximum number of billing periods specified in subparagraph" a "of paragraph 59 of these Rules, for which the payment for utility services is determined according to the data provided for by this paragraph, the payment for utility services provided to the residential premises is calculated in accordance with paragraph 42 of these Rules based on the standards for the consumption of utilities with the application of increasing coefficients provided for approved by the Government Of the Russian Federation by the Rules for Establishing and Determining the Norms for the Consumption of Utilities, the payment for utilities provided in non-residential premises - in accordance with paragraph 43 of these Rules based on the estimated volume of utilities.
After the expiration of the maximum number of settlement periods specified in subparagraph "b" of paragraph 59 of these Rules for which the payment for the utility service is determined according to the data provided for by the specified paragraph, the payment for the utility service provided to the dwelling is calculated in accordance with paragraph 42 of these Rules based on from the standards for the consumption of utilities, payment for utilities provided to non-residential premises - in accordance with paragraph 43 of these Rules based on the estimated volume of utilities. ";
r) supplement with clauses 60.1 and 60.2 as follows:
"60.1. In the absence of a collective (common house) metering device for cold water, hot water, electric energy and heat energy (if it is technically possible to install such metering devices), as well as upon the expiration of the maximum number of settlement periods specified in clause 59.1 of these Rules for which payment for a utility service provided for general household needs is determined according to the data provided for by the specified paragraph, if the owners of premises in an apartment building have not provided in the prescribed manner the equipment and (or) commissioning of a collective (general) metering device for the used utility resource, payment for a utility service provided for general household needs for the billing period is calculated using the increasing coefficients provided for by the Rules for Establishing and Determining Utilities Consumption Standards approved by the Government of the Russian Federation.
60.2. If the consumer does not admit it 2 or more times to the residential and (or) non-residential premises of the contractor occupied by him, to check the status of installed and put into operation individual, general (apartment) metering devices, check the reliability of the information provided on the readings of such metering devices and subject to the execution of an act by the contractor on refusal of admission to the metering device, the payment for utilities is calculated based on the norms for the consumption of utilities with the use of increasing coefficients provided for by the Rules for establishing and determining the standards for the consumption of utilities approved by the Government of the Russian Federation. ";
s) in clause 83 the words "3 months" shall be replaced by the words "6 months";
t) Clause 84 shall be stated as follows:
"84. If the consumer fails to provide the performer with indications of an individual or general (apartment) metering device within 6 consecutive months, the performer no later than 15 days from the expiration of the specified 6-month period, another period established by the contract containing provisions on the provision of utilities, and ( or) by decisions of the general meeting of owners of premises in an apartment building, is obliged to conduct the check specified in clause 82 of these Rules and take readings from the meter. ";
x) add clause 110.1 as follows:
"110.1. If the contractor fails to check within the time period specified in paragraph 108 of these Rules, as well as if it is impossible to notify him of the fact of violation of the quality of the services provided due to improper organization of the work of the round-the-clock emergency service, the consumer has the right to draw up an act of checking the quality of the provided utilities in absence of the performer. In this case specified act signed by at least 2 consumers and the chairman of the council of an apartment building in which a partnership or cooperative has not been created, by the chairman of a partnership or cooperative, if the management of an apartment building is carried out by a partnership or cooperative. ";
v) clause 111 shall be supplemented with sub-clause "d" as follows:
"d) the date and time of the beginning of the violation of the quality of the utility service, which were recorded in the act of checking the quality of the utility services provided, drawn up by the consumer in accordance with paragraph 110.1 of these Rules, if the violation of quality was confirmed during the verification of the fact of violation of the quality of the utility service or as a result of the examination of the quality of public services. ";
h) in Appendix No. 2 to the said Rules:
in paragraph 1, the word "heating," shall be deleted;
the first paragraph of clause 2 shall be stated as follows:
"2. The amount of payment for the utility service for heating in the i-th dwelling house not equipped with an individual metering device for heat energy, as well as the amount of payment for the utility service for heating in the i-th dwelling not equipped with an individual or common (apartment) metering device for heat energy or non-residential premises in an apartment building that is not equipped with a collective (common building) thermal energy meter, in accordance with paragraphs 42.1 and 43 of the Rules, is determined by formula 2: ";
clause 3 shall be stated in the following edition:
"3. The amount of payment for the utility service for heating in the i-th residential or non-residential premises not equipped with an individual or common (apartment) metering device for heat energy in an apartment building, which is equipped with a collective (general) metering device for heat energy and in which not all residential and non-residential premises are equipped with individual (or) common (apartment) heat metering devices, in accordance with paragraphs 42.1 and 43 of the Rules, it is determined by formula 3:
* - the volume (amount) of heat energy consumed for the billing period, determined according to the indications of the collective (common house) heat metering device, which is equipped with an apartment building. In the cases provided for in clause 59 of the Rules, the volume (quantity) of the communal resource determined in accordance with the provisions of this clause is used to calculate the amount of payment for utilities;
* - the total area of \u200b\u200bthe i-th residential or non-residential premises;
* - the total area of \u200b\u200ball residential and non-residential premises of an apartment building;
* - the tariff for heat energy established in accordance with the legislation of the Russian Federation. ";
supplement with paragraph 3.1 of the following content:
"3.1. The amount of payment for the utility service for heating in a residential or non-residential premises in an apartment building, which is equipped with a collective (common house) heat energy meter and in which all residential and non-residential premises are equipped with individual and (or) common (apartment) metering devices ( distributors) of thermal energy, in accordance with paragraphs 42.1 and 43 of the Rules, is determined by formula 31:
* - the volume (quantity) of the communal resource consumed for the billing period in the i-th residential or non-residential premises, determined according to the indications of an individual or general (apartment) meter in the i-th residential or non-residential premises. In the cases provided for in clause 59 of the Rules, the volume (quantity) of the communal resource determined in accordance with the provisions of this clause is used to calculate the amount of payment for utilities;
* - the volume (amount) of thermal energy provided for the billing period for general house needs in an apartment building equipped with a collective (common house) thermal energy meter, which is determined by the formula:
where * is the volume (quantity) of heat energy, determined in accordance with paragraph 54 of the Rules, used by the contractor in the production of public services for hot water supply (in the absence of centralized hot water supply), which, in addition, was also used by the contractor in order to provide consumers with public heating services ;
* - the total area of \u200b\u200ball residential premises (apartments) and non-residential premises in an apartment building;
* - tariff (price) for a utility resource, established in accordance with the legislation of the Russian Federation. ";
paragraphs 15 and 16 shall be declared invalidated;
clause 17 shall be amended as follows:
"17. The volume (quantity) of the communal resource (cold water, hot water, gas, domestic waste water, electric energy) for the i-th dwelling (apartment) or non-residential premises, provided for general household needs for the billing period in an apartment building, not equipped with a collective (common house) metering device, is determined by the formula 15:
* - the standard of consumption of the corresponding type of communal services provided for general house needs for the billing period in an apartment building, established in accordance with the Rules for establishing and determining standards for the consumption of communal services, approved by the Government of the Russian Federation of May 23, 2006 No. 306;
* - the total area of \u200b\u200bthe premises that are part of the common property in an apartment building.
When determining the volume of cold water for the i-th dwelling (apartment) or non-residential premises provided for general house needs for the billing period, the total area of \u200b\u200bthe premises that are part of the common property in an apartment building is determined as the total area of \u200b\u200bthe following premises that are not parts apartments of an apartment building and intended for servicing more than one room in an apartment building (according to the information specified in the passport of an apartment building): areas of inter-apartment staircases, staircases, corridors, vestibules, halls, lobbies, wheelchairs, security (concierge) premises in this apartment building not owned by individual owners;
* - the total area of \u200b\u200bthe i-th dwelling (apartment) or non-residential premises in an apartment building;
* - the total area of \u200b\u200ball residential premises (apartments) and non-residential premises in an apartment building. ".
Document overview
The changes concern the payment of utilities.
The consumer is released from the obligation to monthly transfer meter readings to the contractor.
The payment for heating is paid in aggregate, that is, it is not divided into consumption in the residential (non-residential) premises and general household needs. A formula has been established according to which the payment for heating in a residential (non-residential) premise is calculated, if the house is equipped with a collective metering device for heat energy, and all premises have individual meters.
The volume of communal services provided for general household needs distributed between consumers cannot exceed the volume calculated based on the consumption standards for these needs. By the decision of the general meeting of owners, the excess of the volume established based on the readings of the general house meter over the volume calculated according to the standard is distributed in proportion to the size of the total area of \u200b\u200beach residential and non-residential premises. If such a decision is not made, then the contractor pays the difference at his own expense. The outlined calculation procedure does not apply to cases when the executor is a resource supplying organization.
The contractor has the right, no more than 1 time in 6 months, to check the status of metering devices installed in residential (non-residential) premises, and the reliability of information about their readings. Previously, this could be done no more than 1 time in 3 months. The contractor is empowered to establish the number of citizens living (including temporarily) in a dwelling, and draw up an appropriate act.
If it is technically possible to install metering devices to the standards for the consumption of heating services in residential premises, increasing coefficients are applied for water and electricity supply. From January 1 to June 30, 2015 - 1.1. From July 1 to December 31, 2015 - 1.2. From January 1 to June 30, 2016 - 1.4. From July 1 to December 31, 2016 - 1.5. Since 2017 - 1.6.
Changes in the rules for the provision of utilities come into force on June 1, 2013. The exception is the rules that provide for the application of increasing coefficients. They come into force on January 1, 2015. Changes in the rules for establishing and determining standards for the consumption of utilities - 7 days after the date of the official publication of the decree.