Sample application for recalculation of heating costs

Sometimes residents of apartment buildings are faced with the problem of poor quality or incomplete provision of housing and communal services. One such situation may be the lack of adequate heating in the apartment. This may be a mismatch in temperature conditions, a complete lack of heating during the corresponding season, etc. In all of the above cases, residents have the right to write an application for recalculation of the payment for heating. How to do this, what documents are needed and where to go in this case, we’ll try to figure it out further.

Documenting

So, if the full volume of heating is not supplied to the apartment, then the owner has the right to pay less for it. To do this, you must first record a deviation from the norm. This can be done by drawing up appropriate acts.

To do this, a representative of the housing organization is called, who is obliged to measure the temperature in accordance with all rules and standards in each room of the apartment.

After this, whatever the indicator, the responsible housing and communal services employee is obliged to include it in the relevant act and sign it. In addition, the act must indicate the date and time of preparation.

Residents have the right to familiarize themselves with it and present it as evidence of the absence of appropriate temperature conditions in the apartment.

In addition to acts at the beginning and end of the period, recording the discrepancy in heat supply to the apartment, you will need a certain set of documents:

application for recalculation;
receipts for payment for heating to confirm that the owner repays the debt to the company manager in a timely manner and in full;
information about the area of the room;
other necessary documents.

With the assembled package, you must contact the organization that provides heat in this house. In addition, it is necessary to draw up an application in one copy, and at least in two. The management company will accept one, and the second will be signed by the responsible employee and provided to the applicant. This will confirm that the documents have been accepted for consideration.

Application for recalculation

A mandatory element included in the package of papers required for recalculation is an application. How to write an application for heating recalculation? An exact sample or regulated form of this document has not been developed. A sample application can be downloaded for your reference. That is why the owner has the right to draw it up in free form. However, it is necessary to comply with the norms of a business letter, and also be sure to exclude some points from the application:

name of the organization and official to whom the applicant is applying;
information about the applicant;
the name of the document being drawn up, that is, the application;
the text in the main part of the application is stated indicating such data as the temperature in the room with reference to the drawn up acts, temperature standards by law with reference to regulations and temperatures outside;
request for recalculation;
date of application, signature of the applicant.

It is imperative to indicate all legislative acts, GOSTs, SNiPs and other documents that were violated due to the lack of heat supply to the apartment. This will allow the management company to respond to the application faster.

Often, the legal illiteracy of the population serves as a basis for refusing recalculation or as a reason for the management company to stall for time.

Application for recalculation for heating sample 2020

If these standards are met, charges for the received thermal energy are carried out correctly. Otherwise, utility organizations must recalculate and reduce the heat supply bill in accordance with the actual temperature in the house.

The calculation is based on paragraph 15 of the Rules for the provision of public services to citizens. Source - Government Decree No. 307 of May 23, 2006.

You can reduce the amount only for paying for garbage removal, water supply, sewerage, gas, and water heating. You will have to pay for heating and services of the housing office or homeowners association in the established amount. In order to pay less for heating, you first of all need to document the deviation of the temperature in the apartment from existing standards. How it's done? The instructions are simple: you invite a representative of the housing and communal services organization, who measures the temperature in each room, enters it into the report form and certifies it with his signature.

Sample application

To the Chairman of the Solnechny Homeowners Association, A.S. Karpenko from Gulkina I.I. Address: Novosibirsk, Kosmonavtov street 18-21

Statement

I am the responsible payer for the provided housing and communal services, including heating. During the period of living in this house, she never made any missing or late payments. All receipts for services provided are paid in full by me.

During the period from November 6 to November 16, 2020, the air temperature in the apartment was 15 degrees. The temperature standard in premises intended for residential use is established by Government Decree No. 354 of May 6, 2011, SanPiN 2.1.2. 2645-10, GOST R 51 617-2000. The minimum temperature should be 18 degrees. All measurements taken must be set out in reports attached to the application.

In connection with the above, I ask you to recalculate payment for heating in the period from November 6 to November 16, 2020.

Gulkina I. I. 11/19/2016

As a result, all homeowners may demand a recalculation of heating payments due to a violation of their rights and legal norms. If residents notice that it is cold in the apartment, or heating is not provided at all during the corresponding period, they have the right to file a statement and seek a recalculation of payment. This can be done by first measuring the temperature and recording it in the appropriate form. An application for recalculation of heating payments is written in free form, but taking into account certain rules for filling out such documents. If the management company does not fulfill its obligations, the applicant has the right to file a lawsuit.

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Housing and communal services in Russia

I remind you that the Law of the Russian Federation No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights”, in case of violation of the ten-day deadline for satisfying the consumer’s demand for recalculation of fees for services provided of inadequate quality (clause 1 of Article 31), provides for the payment of a penalty (penalty) to the consumer ) for each day of delay in the amount of three percent of the price of the service.

During October - November 2009, at outside air temperatures from + 5 to - 5 o C, the air temperature in the apartment did not rise above 17 - 19 o C, and when frosts reached 20 o C in December 2009, it dropped to 15.0 - 17.6 o C.
The fact is that the air temperature in apartment No. 124 of building No. 1 on the street. Kudminskaya is below the maximum permissible temperature of 18 degrees C, regulated by GOST 30494-96 “Residential and public buildings. Indoor microclimate parameters”, pp. 3.1, 3.4, and SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises”, clause 4.1 and appendix 2;, established:
Commission of the House of Culture of the Nizhny Novgorod region 27.11. 2009 and is confirmed in the letter of the House of Culture of the Nizhny Novgorod region dated December 2, 2009 No. 2080/0121 - the temperature was recorded at 16.0 o C, and in the corner room - 14.5 o C;
State Housing Inspectorate of the Nizhny Novgorod Region on November 30, 2009 (inspection report No. 515-04-4449/1) - the air temperature was recorded at 15.6 degrees C, in the corner room - 14.3 degrees C.
The air temperature in the apartment was similar throughout December 2009.

Application for recalculation of utilities

A claim in court for recalculation of utility bills is considered in accordance with all the rules of civil proceedings. If the amount of the claim is less than 50,000 rubles, then it is submitted to the magistrate’s court. Most often, it is this authority that deals with issues related to public services.

the name of the court in which the claim is filed;
information about the plaintiff: his last name, first name, patronymic, residential address;
name of the defendant’s organization, address of its location;
it is necessary to register all violations that currently exist;
justification for the violation - links to documents, examination materials, links to legislation;
a request to the court - it is contained in recalculation for a certain period;
Appendix - description of documents and copies;
signature and date of submission of documents.

Application for recalculation of utility bills: sample document and useful tips

A week later I received a call from the RCC TsGIS that the additional payment for water was almost 900 cubic meters .. to which I immediately began to figure it out and write to call (calls and replies to electronic requests are of no use (Gorvodokanal says sort it out with the RCC, and the RCC to the Gorvodokanal ... to The organization does not answer specific questions from my side)

until 2011, they were covered with cold -441....hot -128......where my cubes are not clear (in the city water utility, the contract was initially drawn up incorrectly under the name DOSH...(the owner of the apartment is Dosta N.V., to which I asked the city water utility a question, they said it doesn’t matter ....this is just terrible (it turns out these are not documents.)

Heating recalculation: grounds, registration procedure and possible causes of cold in the apartment

Let's calculate how much the price of heating in an apartment located in the city of Komsomolsk-on-Amur will decrease (the average temperature of the coldest five-day period is noticeably lower than -31 degrees). Let's take December (31 calendar days) as an example; Let’s agree that the full payment for heating is 2,500 rubles, and the temperature in the rooms located in the middle of the building was 15 degrees all month.

At night, the normal temperature is 17 degrees (20 - 3C). There are 5*31=155 night hours in a month. Thus, for night time we can demand a refund of 2500 (full cost of heating) * 155 (number of night hours) * (17-15 C) * 0.0015 (the same 15%) = 1162 rubles.
During the day we have already received less than five degrees. Daytime hours in a month are 19*31=589. The calculation, therefore, looks like this: 2500*589*5*0.0015=11043 rubles. However, housing and communal services owe us a significant amount!

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Application (for recalculation of heating fees)

I remind you that the Law of the Russian Federation No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights”, in case of violation of the ten-day deadline for satisfying the consumer’s request for recalculation of fees for services provided of inadequate quality, provides for the payment of a penalty (penalty) to the consumer for each day of delay in in the amount of three percent of the price of the service.

Temperature standards in residential premises are regulated by: GOST R 51617-2000 “Housing and communal services”, Decree of the Government of the Russian Federation of May 6, 2011 N 354, and SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises"

The procedure for recalculating heating fees: regulations, rules for drawing up an application

The last point is more important than filling out a sample application for recalculation of heating fees. The technical component of the issue is decisive. Therefore, it is recommended to first consult with the Housing Office or the Management Company, providing them with a copy of the document.

The key point if you want to change the amount of payment for heat supply is to do your own calculations. Currently, there is no general formula for recalculating heating costs, since the reasons for initiating this process can be different - from low temperature in the radiators to a complete shutdown of the heat supply.

What to do if recalculation for heating is refused?

If the interested party has been refused a request to recalculate heating costs, he has several options for further resolving the conflict:

filing a complaint with the prosecutor's office or housing inspectorate;
filing a corresponding claim in court.

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In conclusion of the topic under consideration, it must be said that the current housing legislation of the Russian Federation allows citizen-consumers in a number of cases to demand a recalculation of fees for heating services. In this case, the application must be made in writing and with appropriate documentary evidence.

Sources:

pravobez.ru subsidii.net vseproteplo.ru zakon.wiki passus.ru No comments yet!

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Recalculation for utilities according to Resolution 354

In what cases is it worth insisting on recalculation in order to pay fairly for heating your home? Local authorities do not always carefully monitor the work of housing and communal services enterprises and management companies. And recalculations, if they happened, most often only increased the amount of payments from heat suppliers.

Payment for heating an apartment must correspond to the temperature maintained in the room. If residents of an apartment building can provide an example of temperature deviation or non-compliance with standards, they should insist on recalculating the payment .

How to write an application for recalculation for heating in the absence of it

I believe that the manager of the city of Moscow is violating my rights and legitimate interests for the following reasons.

The first step is to submit a separate application to the management company. This organization must have an application for a sample, which indicates all the necessary data - address, average temperature, etc.
The procedure involves drawing up a premises inspection report.
You will need a document, for example, a passport, which will confirm your identity, as well as heating bills.

They are required to recalculate fees for utilities in the absence of services, poor quality of services, or interruptions in the supply of light, heat, gas, water, or electricity.

Heating payments are recalculated if the air temperature in the apartment is reduced for many hours or the heating system does not work well. In the absence of these factors, heating is paid in full.

Services that differ from those provided for by law are considered to be of poor quality. The consumer will have to prove their non-compliance. To do this, you can call specialists from the utility organization. They must take measurements and draw up a report. The document is created in two copies, one of which is kept by the owner of the property.

It is clear that the basis for making full payment for heating is a certain temperature that is maintained in the apartment throughout the month. But what temperature exactly? Unfortunately, quite often even representatives of housing organizations have a vague understanding of the standards.

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If you live in an apartment building, and you and your neighbors have complaints about the quality of the water supplied, or about systematic interruptions in the supply of gas, heat or electricity, you can draw up a collective application for a reduction in payments, attaching all the necessary evidence.

In both cases, recalculation will be more difficult to achieve, since the application will need to be accompanied by evidence with the results of the examination, reports, measurements, but this does not mean that the consumer must now pay for cold radiators or dirty water in the tap.

Drawing up a claim for recalculation of utility bills to the management company

It must be remembered that a well-drafted application requesting a recalculation can solve the problem without contacting a magistrate. Justified requirements set out in the document and sent to the housing sector are considered by the head of the management company; if the grounds are legal, then recalculation is made in accordance with current tariffs.

Important: The absence of heat, light or gas for longer than the permissible time is a good reason for recalculation. If a communications outage occurs in an apartment building, residents can file a collective petition in court. The more tenants agree to participate in the trial, the higher the chances of getting back the overpaid money.

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How to submit an application for recalculation of heating payments

Recalculation for utilities is carried out at the request of the owner of the apartment or house. As a rule, citizens do not agree with the accrued amount because there was an error in the calculations or the overpayment for previous periods was not taken into account. Whatever the reason for indicating an inaccurate amount, the property owner must request an audit and recalculation of the amount of payment.

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What should be the air temperature in the apartment rooms?

In case of failure to recalculate the payment for utility services provided to me of inadequate quality by January 24, 2010, I reserve the right to apply to the court to protect my legal rights as a consumer, including the payment of the corresponding penalty (penalty). For each hour of deviation in air temperature in a residential area, the monthly fee is reduced by 0.15 percent of the fee for each degree of temperature deviation.

With the assembled package, you must contact the organization that provides heat in this house.

In addition, it is necessary to draw up an application in one copy, and at least in two. The management company will accept one, and the second will be signed by the responsible employee and provided to the applicant. This will confirm that the documents have been accepted for consideration. Application for recalculation A mandatory element included in the package of papers required for recalculation is an application.

In addition, the State Unitary Enterprise DEZ of the Tverskoy district of Moscow does not carry out the annual mandatory recalculation of utility bills in accordance with the actual consumption of thermal energy, established by paragraphs. b) clause 21 of the “Rules for the provision of public services to citizens”, approved. Resolution No. 307 of the Government of the Russian Federation of May 23, 2006

What is meant by recalculation?

Every month, owners of apartments and private houses receive receipts for utility bills. Tariffs are determined by management companies and service providers, and they also make the actual calculation of the amounts to be paid in a specific period. There are various situations that require a revision of the accrued amount of payments. This requires a recalculation. Based on an application or oral complaint from a citizen, employees of the management company or service provider initiate a review of previously paid funds and carry out new calculations in accordance with the circumstances that have arisen.

Recalculation can be made in the following cases:

Errors in calculations, including incorrect indication of the total area of the apartment and omission of payment for the previous period.
Absence of residents from the apartment or house for a long period of time (payment for services by meter in this case should not be made).
Poor quality of services (for example, poor water pressure, insufficient hot water temperature, etc.).
Complete lack of service (for example, elevator breakdown, long-term water outage, etc.).

Not only the owner of the apartment, but also the tenant will be able to request a recalculation. As a rule, the management company and service providers do not ask for documents and accept applications from all citizens.

What documents are needed

In order to confirm the poor quality of the services provided, you will need to obtain a corresponding certificate. If such a violation is discovered, you must file a written complaint and submit it to the company that provides the services. A day later, the consumer will be provided with a response indicating the reasons for the deterioration in quality, as well as acceptable remedies.

If the utility service provider does not agree that they are of poor quality, then in this case you will need to submit a request and call an authorized representative of the company, who will have to carry out a control measurement and, for example, look at the air temperature in the apartment or check the gas in the system . If there is no response to the call, then a corresponding complaint should be filed with Rospotrebnadzor.

With an act that confirms the poor quality of the service, as well as an application for recalculation of payments for utility services for a certain period of time, you will need to contact the management company that provides the services and request a recalculation.

If the tenant was absent from the territory of his home for a certain period of time, then in this case he will need to prove this with the following documents:

tickets for any transport;
certificate received at the hospital;
travel certificate;
invoices confirming payment for the hotel room;
a certificate received from the chairman of the dacha society, which confirms the family’s residence on one of the plots;
a certificate confirming temporary registration in another city.

Submission of an application for recalculation is provided only if a person is absent from his place of residence for more than five years.

Recalculation for utilities according to Resolution 354

Recalculation of utilities is regulated by Resolution 354, adopted in 2011. In 2020, minor adjustments were made to it. The document secures the rights of citizens to carry out recalculation, taking into account legal grounds, as well as the procedure and rules for its implementation. The document stipulates the conditions for the provision of utility services, the frequency of their payment, the calculation procedure and the quality of implementation. If a citizen is not satisfied with the quality of public services, if they do not meet the standards, he has the right to demand a recalculation.

Recalculation for housing and communal services: where to go

To recalculate utility bills, you must contact the management company or the supplier’s office. You may need to write an application in two copies. It indicates a request to recalculate the amount of payment for the service and the reasons for the request. A sample application for 2020 can be downloaded below.

As a rule, an application is written to review the fixed amount of the service, i.e. rent, elevator operation, garbage removal. Its consideration takes place within ten days. Recalculation of metered services (water, gas, electricity) is possible if company employees took incorrect readings or entered average values because they did not have access to metering devices. A similar situation may arise if there are no residents in the apartment. So, the company will charge the service by setting average indicators that have not yet been used, which indicates the need for recalculation.

There is a list of services that cannot be recalculated or temporarily suspended while residents are leaving the apartment. These include rent, garbage removal, cleaning of entrances, elevator maintenance, and contributions for major repairs. They are paid regardless of whether the tenants lived in the apartment or not. You can apply for a recalculation of these services only if there are errors in the calculations and inaccurate data on the area of the premises.

Application to the management company for recalculation of utilities

Good afternoon Is it enough to provide a statement about this fact for recalculation when discharging residents from an apartment? If not, then on the basis of what legal documents can the Criminal Code require proof of this fact? Unfortunately, your question is not formulated quite correctly. And for garbage removal, elevator maintenance, intercom, current repairs and landscaping, a penalty of 16,000 was also charged 3,000. Tell me the article of the law that can be referred to when writing an application for recalculation of utilities during installation (1 answer).

What grounds could there be for revoking a management company’s license and can the organization operate without it? A detailed summary of the recalculation of utility bills in connection with the provision of services. The claim must be submitted in writing and signed by the applicant. During what period can an application be submitted for recalculation of payment for utility services due to the absence of the owner of the home (he was undergoing treatment at the clinic).

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When may it be necessary to recalculate metered services?

Individual metering devices make it possible to pay for the amount of resources actually spent.

These include:

Electric meters.
Water meters (for cold and hot water).
Heating meters.
Gas metering devices.
Electricity meters are required to be installed in every apartment and house, the rest are at the request of the owners. If there are no meters, citizens pay for services at average rates.

Recalculation of metered services may be necessary in the following cases:

Discrepancy between the indicators indicated on the receipt and the actual ones.
Violations related to recording readings after installation of the meter.
Providing services of inadequate quality (rusty water, lack of hot water, low voltage).

The first two options involve recalculating the amount taking into account actual meter readings. The latter makes it possible to reduce payments by certain percentages. So, the temperature of hot water should be at the level of 60-70 degrees, if it varies within 30-40 degrees, the service can be considered not provided, i.e. There can be no talk of any payment.

Grounds for recalculation

Employees of the management company will agree to recalculate only if there are legal grounds. The reason for contacting the organization may be the absence of a tenant from the apartment for more than 5 days. The rules apply only if there are no meters in the premises. If the equipment is installed, recalculation for the following services will not be possible:

gas supply;
supply of warm and hot water;
heating;
payment of general house needs.

Specialists will recalculate the fee for using the elevator and garbage removal, regardless of whether the meters are installed.

You can also apply for recalculation in the event of poor-quality services or interruptions in their supply. Today there are a number of rules regulating the specifics of the supply of water, gas and electricity. Recalculation will not be performed if the break:

The supply of cold water did not exceed more than 4 hours at a time. In total, interruptions can reach up to 8 hours per month. At the same time, the quality and pressure of water should not change.
In drainage, the total amount was no more than 480 minutes per month and did not exceed 4 hours at a time.
The total heating supply did not exceed a day. At one time, it is allowed to suspend the provision of the service for 960 minutes if the room temperature exceeds 12 degrees, for 8 hours if the temperature indicators are at 10-12 degrees, for 4 hours at 8 degrees Celsius. Slight temperature fluctuations are acceptable. The indicator may deviate from the established norm upward by up to 4 degrees, and downward by up to 3 degrees, if a break in the heating supply occurred from 00:00 to 5:00 hours.
The supply of hot water was no more than 8 hours in 30 days, and once - no more than 4 hours. In the event of an accident, the break may be extended to a day. The temperature of the liquid may deviate from the norm within 3-5 degrees. The water quality must remain unchanged.
The gas supply totaled no more than 240 minutes. The quality of gas must remain at the same level. Failure to meet the requirements will result in a recalculation.
The electricity supply was no more than 120 minutes if there were 2 power sources. The indicator increases to one day if the power source is 1. The quality of the power supply should not change.

The basis for reducing the amount of payments is not only the citizen’s application. The action can also be performed after scheduled checks have been carried out.

Recalculation of utilities in case of temporary absence

If a citizen leaves the apartment for more than 5 days, you can contact the accounting department of the company servicing the house and submit an application for a recalculation. The document should be prepared in two copies. One of them is transferred to the management company, and the second remains with the citizen.

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On the form belonging to the applicant, it is necessary to put a mark indicating that the application has been accepted.

The received application will be checked and an appropriate decision will be made. Failure to comply with current legislation may result in an appeal to regulatory authorities or the court. The application must be supplemented with evidence. If it is missing, reducing the amount of payments will be problematic.