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From January 1, 2019, such a service as garbage collection and removal moved from the residential category to the utility category. A new line “Management of solid waste” has appeared in receipts for housing and communal services. Such innovations are part of the “garbage” reform, the purpose of which is to systematize solid waste management. But the amounts indicated in the bills raise many questions among residents. Moreover, receipts are sent even to owners of plots where there are no buildings at all. In this regard, it is worth finding out how tariffs are formed and how they can be challenged.
Peculiarities of charging for solid waste removal
The responsibility for organizing the removal and disposal of waste is assigned to regional operators. These are special organizations that collect waste, sort and process it, and then transport it to landfills.
It is assumed that residents will have to throw away different types of solid waste in multi-colored containers. There will be gray containers for organic and household waste, and blue containers for dry waste (glass, plastic, paper). Vehicles of different colors should also remove waste. But so far new containers have not appeared everywhere, but the fee for the service has increased.
Tariffs for the removal of solid waste are determined by regional operators with the participation of local authorities. They can be calculated based on the number of residents or the area of the apartment. Each region has the right to independently choose a convenient option
The cost of such work in different regions of the Federation differs significantly. Thus, regional operators in Voronezh price their services at 165 rubles. per person. The most humane prices are set for residents of the North Caucasus: in Dagestan, garbage removal costs 29 rubles. Current tariffs for a specific region are indicated on the websites of local administrations.
The cost of the service, which residents see on the receipt, includes both collection, transportation and destruction of waste, as well as related expenses. These include administration of activities, gasoline costs, vehicle maintenance, and staff salaries.
Also, according to the authors of the “garbage” reform, the current tariffs include the construction of waste processing enterprises, the destruction of unauthorized landfills, and environmental protection. True, there are still no fewer landfills. It is also unclear who will clear them, but they carefully take money from the residents.
You can calculate the tariff for waste removal using the following formula:
A x (B/C) x D, where each letter means the following:
- A – the number of people living in the apartment temporarily or permanently, or the area of the property.
- B – waste accumulation standard for the year.
- C – number of months in a year (12).
- D – price of the service.
If residents leave the premises for 5 days or more, they can apply for a recalculation. Documents confirming long-term absence are attached to it (for example, a certificate of hospital treatment or tickets with which the tenant went on vacation).
You must also apply for recalculation if there are errors in the receipt (for example, bills are issued for three people, but two people already live in the apartment). In confirmation, you will have to provide a certificate of the number of residents.
I was 100% overcharged for garbage removal. What to do?
Housing and communal services tariffs are regularly changed and regularly increased. Some people don’t pay attention to this, but in a year a quite decent amount can accrue, which can be spent on something much more appropriate than in the pocket of the management company.
But let's check everything first! To understand what cost you should pay for garbage removal, you need to do a number of things:
- Determine who is the waste removal operator in your subject (region, territory or republic). We type “garbage removal operator *your region*” into any search engine (for example, waste removal operator in Ryazan). It’s not a fact that the operator’s website will pop up, but you can at least find some information from news sources.
- Find a document that will indicate the maximum unified tariff for waste removal for your zone.
- Still, find the website of the regional operator (see point 1 of this list) and find there a contract for waste removal; it should include maximum tariffs, which should not exceed the data from the document in point 2.
- Find waste accumulation standards in your region and determine which coefficient applies to your residential premises.
- Multiply the tariff by the weight standard and by the number of people living in the premises. Next, multiply the standards by volume. Add both products and divide by 12 (number of months). This way you can find out how much you should pay.
All this seems complicated, but in reality it is not. Will garbage reform work? Time will tell... The initiative itself seems sound to me, but we will see what the implementation will be in the very near future. And do not forget that housing and communal services are the same client-seller relationships, where, upon full payment, you have the right to demand the appropriate quality of service!
The procedure for challenging tariffs for solid waste removal
If the operator inflates tariffs for waste transportation, as well as other violations of the law, residents have to defend their rights. The first step is to inform local authorities that the operator is violating the terms of the agreement. The claim must be sent to the authority that signed the agreement with the operator.
To find out who exactly concluded it, just go to the website of the service provider. The texts of agreements are almost always published there. In most cases, the counterparty is the relevant housing and communal services department.
In addition, residents can complain to the following authorities:
- Regional Energy Commission. The competence of its employees is to consider complaints about the incorrect formation of various tariffs.
- Federal Antimonopoly Service. When preparing a claim sent to this body, it is necessary to correctly and in detail state the reason for the appeal.
- Rospotrebnadzor. Contacting this service is also an effective way to influence violators.
If there are no results, tenants have the right to contact the prosecutor's office or file a claim in court.
Fee for garbage collection in an apartment building
Advice from lawyers:
1. The MKD charges a fee for garbage removal per person. Is this legal?
1.1. The MKD charges a fee per person for garbage removal. Is this legal? Hello! Calculated per sq.m. living space.
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2. My father inherited a room in the apartment building to my son. The HOA is now demanding a fee for garbage removal, my son is 13 years old and does not live in the room, the room was privatized in 2020, the son is registered with his mother at a different address, but lives with me at the 3rd. I know that there is a Federal Law. obliging me to pay (as a father) for garbage removal, but I really don’t want to pay for something that neither I nor my son consume. How to circumvent this law or reduce the fee for garbage collection?
2.1. In general, there is no law that obliges parents to pay the obligations of their children (except for obligations arising from harm).
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3. Tell me, is it legal to charge for the removal of solid waste in an apartment building, if I actually live with my family in another city. I wanted to provide certificates from the place of study of my children... but they refused me, citing the fact that the fee is charged per square meter! But this is a payment for air... we don’t live in an apartment... we can’t take out 900 kg of garbage!
3.1. The owner is obliged to maintain the housing, this also applies to the removal of solid waste, regardless of whether you actually live in the apartment or not. You can try to write an application for recalculation of utility fees due to the inability to use it.
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4. Is the fee for garbage removal in an apartment building based on the number of people actually living in the apartment or on the number of registered ones? Thank you very much in advance!
4.1. If in a constituent entity of the Russian Federation the calculation of the waste management service takes into account the number of people living in the apartment, and in fact there are fewer people living in the apartment than registered, then in order to reduce the cost of paying for the line in the receipt “Removal of waste equipment” you must: 1. Contact the management company/homeowners association, and agree on the time and date for specialists (a special commission may be created) to come to your home to draw up an act on identifying the actual citizens living in the residential premises of an apartment building - the act can be found here. 2. An act is drawn up in the apartment; it must indicate from what date this or that person does not live in the apartment. 3. Sign the act by all parties, if the owner of the residential premises (permanently residing consumer) refuses to sign the act or the owner of the residential premises (permanently residing consumer) is absent from the residential premises at the time of drawing up the act, a note is made in this act (act, including neighbors sign). 4. MC/SRC (unified settlement center) recalculates the CTO service based on the act.
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5. Can I refuse to use and pay for garbage? Let's say I live in an apartment building and drive garbage by car and throw it away in another area. How can I refuse the payment for the removal of beaters?
5.1. Hello! Unfortunately you can't. This is the same mandatory payment as fees for major repairs. The issue is settled legally and the courts always take the side of the service companies. So my advice is not to accumulate debt and wait until the bailiffs seize your accounts and collect penalties and enforcement fees. Save your nerves, money and time.
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6. Is it true that now private houses do not have to pay for garbage removal without a contract and without using the service, since garbage removal is a mandatory utility fee for residents of apartment buildings, the private sector enters into such an agreement at its own request?
6.1. Read the norm of Part 5 of Art. 30 Housing Code of the Russian Federation.
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7. Why in the Moscow region the standard fee for garbage removal in an apartment building is calculated per square meter of the total area of the apartment, and not from the number of residents, as prescribed by law.
7.1. The standards for the accumulation of waste materials and the method of calculating the payment for the corresponding utility service for their removal - from the number of owners and (or) persons registered in the residential premises - are determined by the government of the constituent entity of the Russian Federation. This is his right, provided for by the Housing Code of the Russian Federation, the Law “On Production and Consumption Waste” and Resolution of the Government of the Russian Federation dated May 6, 2011 No. 354.
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8. Is it legal to charge a fee for garbage collection in an apartment building if no one is registered in the apartment? The fee is now charged per person, but no one lives in the apartment. There are no registered ones! The apartment has been empty for 3 years. All other payments are made regularly. Alexey from Kamyshin, Volgograd region..
8.1. If utility bills are calculated based on the number of persons and (or) owners
, then payments are calculated in accordance with current legislation regardless of the fact of their residence or non-residence in this apartment.
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9. For a long time, garbage collection in an apartment building was paid at a rate of 5.08 rubles per sq.m. The amount was 340₽ per month, from 08/01/2018 they began to calculate the amount of 180₽ (2 people) based on the number of people living, despite the fact that a separate line indicated the maintenance of residential premises and MOP in the amount of 1070₽ per month. Tell me, was this fee for garbage removal legal and is it possible to get a recalculation and refund?
9.1. Good afternoon. It’s strange why you began to be charged for solid waste removal only from August 1, 2020, since this calculation rule was introduced on March 1, 2020.
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10. Should we pay for garbage collection in the village, in our private house, at the place of temporary registration (we are permanently registered and pay for garbage collection in an apartment building in the city). In the village they charge a fee per person, they say the contract is public.
10.1. Yes, if you live there, you must pay for garbage removal. Everything they tell you is true. Or you can take it to the landfill yourself and provide documents about it.
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10.2. Hello! In this case, No, they are not required. If you live in a private house and do not use it. You must pay. Thank you for being with us, we were glad to help you!
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11. The apartment building is recognized as unsafe and is not included in the housing and communal services balance sheet. The house is two-story and has no heating, sewerage, or water supply. Do they have the right to charge for utilities: garbage collection, social services? hiring, cold water supply, sewage disposal?
11.1. Hello! The house cannot be on the balance sheet; it is in common ownership. The management company is selected by the general meeting or administration. Are the services actually provided? This means he has the right to collect money. If they don’t, write complaints, collect reports of non-provision of services, etc., demand a recalculation, contact the prosecutor’s office. Until these actions are taken, it will be formally considered that you agree with the scope of work performed.
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12. How is payment for garbage removal in the microdistrict now made: from the square footage or from the resident.
12.1. For now, as you put it, from square footage.
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13. I have non-residential premises in an apartment building. It is now closed. No tenants. Do I have to pay the HOA for trash removal? In light of the new regulation, the fee depends on the number of residents. But I don’t have any garbage at all. WITH.
13.1. Good afternoon. I would advise you to sign a commission inspection report of the property stating that your premises are not being used. Send an application to the HOA to inspect the premises and, in this regard, ask not to charge you a fee for garbage removal while the premises are not in use.
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14. How should a management company calculate the fee for garbage removal per square meters of living space or per square meters of the total area of an apartment building? According to the law?
14.1. The management company most likely has an agreement with a specialized organization for the removal of solid waste. The fee for garbage removal is included in the tariff for the maintenance and repair of common property and is calculated per sq.m. living space.
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15. Why do they charge me for garbage removal for a private house, if I am only its owner - I am not registered, I do not live in it. I live in an apartment building where I am registered and live and pay for garbage collection.
15.1. Provide documents about residence at another address and payments for similar services there and submit an application for recalculation.
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16. Which legislative document states that the organization responsible for the removal of solid waste (garbage) is obliged to remove oversized waste from the territory of an apartment building once a month at the expense of a fee collected from the owners per 1 sq.m. apartments.
16.1. This is not indicated anywhere.
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17. Please explain whether the fee for social rental housing can be the same? Nice apartment buildings and one-story panel houses built in 1970. Panel houses are 60% habitable. And how can you fight with housing and communal services if the only services provided are garbage removal. No repairs or maintenance.
17.1. Can the fee for social rental housing be the same? -may be the same. If the apartments have the same area and conditions. But this is unlikely.
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18. How to correctly charge for garbage removal in an apartment building: per number of residents or per m2?
18.1. Hello! Exactly with m2.
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18.2. According to paragraphs. (e) clause 11 “On approval of the Rules for the maintenance of common property in an apartment building...”, approved by Decree of the Government of the Russian Federation dated August 13, 2006 No. 491, the maintenance of the common property of an apartment building includes the collection and removal of solid household waste, and according to clause 28, the owners of premises are obliged to bear the burden of expenses for the maintenance of common property in proportion to their shares in the right of common ownership of this property, that is, depending on the total area of the occupied residential premises.
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19. Since the beginning of the year, our apartment building has received receipts separately for housing maintenance and current repairs and separately for the removal of household waste from two different companies. Moreover, after this division, the cost of housing maintenance did not decrease at all. How legal is this? As far as I know, garbage removal is included in the payment for housing maintenance?
19.1. You have the right to write a complaint to the housing inspectorate if your rights are violated.
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20. Where it is stated that the fee for garbage removal (apartment building) is charged to each person living in the apartment, despite the fact that no one is registered in this apartment.
20.1. Good evening. There is no such article in the LCD. Garbage removal fees are calculated based on the total area of the apartment, and not based on the number of residents.
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I live in an apartment building, the way the HOA is run, should I charge a 7 month old child for garbage collection?
Is it possible not to pay for garbage removal in a private or apartment building?
In accordance with the law, garbage collection services are provided to different categories of consumers: residents of private houses and apartments located in high-rise buildings, legal entities, owners of houses located in garden associations. All of them are required to promptly pay for the services of regional operators. Even if the consumer does not want to spend money on solid waste removal, a standard contract will be drawn up without it.
Penalties are applied to debtors for evading payment of bills. If the debt period exceeds 2 months, penalties begin to accrue. In case of long delays (six months or more), the executor has the right to go to court, and the funds will be forcibly recovered with the help of bailiffs.
Housing and communal services tariffs for waste removal per person
Table of housing and communal services tariffs for waste removal in Moscow Region
Today there are no general housing and communal services tariffs, since each region has its own cost of living and has its own economy. According to official data for 2020, in Voronezh, for each person, a fixed price for the service is set at 165 rubles, in the Yamalo-Nenets Autonomous Okrug - at 151 rubles. In the Stavropol Territory, people pay about 160 rubles per person for export, and in Karelia - 94 rubles. In the Sverdlovsk region, payment for a house is made at a price list of 133 rubles.
It is worth pointing out that if in 2020 the price included transportation, installation of containers and maintenance of cleaning stations and these were general household expenses, then in 2020 people pay only for the last item.
Note! There is also a point for providing sites with containers for separate collection.
Legislative regulation
All legislative innovations at the federal level were determined by the law of December 29. 2014 No. 458, on the rules for the provision of services (05/06/2011 No. 354), significant changes were made to it:
- A new concept of communal services has been introduced, instead of the usual “garbage removal”.
- The owners of an apartment building are required to enter into agreements with the regional operator for the provision of utility services - rules, clause 148.
- All subjects of the Russian Federation must decide on regional operators by the end of 2020, resolve issues regarding the establishment of standards for the accumulation of solid waste, and the scheme for its movement - recommendation of the Ministry of Construction dated December 30. 2020 under the number 45067-АЧ/04.
- The selection of a regional service operator must be carried out in accordance with the regulations of the Russian Federation Regulations dated 05.09. 2020 numbered 881.
- Tariffs will be calculated according to the guidelines of the FAS dated November 21, 2020, number 1638/16.
- Based on the Russian Federation Regulations dated October 20, 2017, number 1280, regions are required to select an operator based on a tender - the winner of the auction will fulfill the duties assigned to him for the removal of solid waste.
New provisions of Federal Legislation No. 458 oblige the operator to enter into agreements for the provision of services with all owners of an apartment building, or with the building management company; everyone who, in one way or another, is involved in servicing apartment buildings is required to fulfill this requirement.
A person who has not used the property does not have to pay for garbage removal
A dispute has erupted in the Moscow region over a situation that is familiar to many firsthand.
The waste removal operator, as usual, charged the owner of a private household a fee for the services provided.
However, the man did not agree that he had to pay the receipt because during the period for which it was issued (from January to April), neither he nor any of his family members lived in the house.
They used the country house only in the warm season (from May to October), and with the onset of cold weather they moved to a city apartment. It’s easy to guess that household garbage cannot accumulate in a house where no one lives - which means that no one used the service for its removal.
The man presented the registrar with documents confirming that during the disputed period he lived with his family in the apartment (paid receipts for garbage collection at that address, a certificate from the management organization).
But, as usually happens in such cases, the registrar refused to recalculate and insisted on paying for his services. The fact is that in the Moscow region, fees for the removal of solid waste are calculated based on the area of the residential premises, and not on the number of residents.
