Was it legal for gas workers to shut off the gas to a house in the middle of winter?

Do gas workers have the right to turn off the gas in an apartment building?

Let's look at the most popular cases and what to do if the rights of tenants are violated. Accident Most often the supply of blue fuel is stopped due to technical malfunctions, resulting in a gas leak. This situation is extremely dangerous because if problems are not fixed in a timely manner, the risk of an explosion, house collapse and loss of life increases. Therefore, if the gas is turned off due to a leak, you should treat the situation with understanding. Technical reasons for stopping gas supply also include:

  • malfunction of gas equipment;
  • insufficient pressure;
  • damage to the gas pipeline, for example, during construction work;
  • breakdowns at the gas distribution station (occur extremely rarely);
  • emergency situation - flood, hurricane, etc.

In an emergency, gas supply is stopped without warning.

What to do if your gas is turned off without warning?

Also, the act of carrying out the work must be signed by the customer or his representative. Main stages The document on termination of gas supply to the consumer must contain the following information:

  • Place, date and time of drawing up the act.
  • Comprehensive information about the performer.
  • Complete customer details.
  • The grounds on which this service was disconnected (connected).
  • List of works that were performed by the contractor.
  • Date and time when the disconnection (connection) work was completed by the contractor.
  1. After the supplier has suspended the provision of services to the subscriber, the organization that is the contractor is obliged to seal the consumer’s gas equipment.
  2. The contractor, in turn, can seal the gas boiler and gas stove.

Illegal gas shutoff: what to do?

Additional reasons for disconnection In addition to debt and non-payment within three months, disconnection of gas supply to a consumer can be used as a compulsory measure in the following cases:

  • Lack of an extended contract for emergency technical services;
  • If the consumer independently installed or retrofitted the gas system without coordinating this with anyone;
  • Malfunctions of the chimney or other communication systems;
  • Evictions of tenants through the courts;
  • Gas leaks and emergency situations caused by the consumer.

In addition to the above, for disconnection there must be a fault of the consumer, for example, violation of clauses of the concluded contract, refusal to cooperate with the organization’s employees in providing information from the meter, the amount of debt for more than three billing periods, illegal redevelopment, etc.

Can gas be turned off for non-payment during the 2020 heating season?

Along with the topic “Gas in a private home” they are also searching for:

  • 80. The contractor has the right to suspend or limit the provision of utility services 1 month after a written warning (notification) to the consumer in the event of: a) incomplete payment by the consumer for utility services. underpayment of utility services is understood as the presence of a consumer in arrears in payment of one or more utility services, exceeding 6 monthly payment amounts, determined on the basis of the relevant standards for the consumption of utility services and tariffs in force on the day of restriction of the provision of utility services, provided there is no agreement on debt repayment concluded by the consumer with the contractor, and (or) in case of failure to comply with the terms of such agreement; 81.

As a rule, the gas is turned off:

  • For non-payment. Termination of gas supply is allowed if payment has not been received from the subscriber for 2 months in a row or on the date of disconnection the amount of the resulting debt is greater than the amount accrued for 2 months.
  • For regular violation of the rules established in the contract with the supplier.
  • For creating obstacles to representatives of the supplying organization obtaining the information necessary to determine the actual volume of consumption. For example, a citizen does not allow gas service workers into the house so that they record meter readings.
  • For the use of equipment that does not meet the requirements of the law, as well as does not comply with the terms of the contract.

The reasons for gas shutdown can be established in an agreement between the supplier and the subscriber.

IP/Host: 84.42.27. Registration date: 08/02/2009 Messages: 5 gas outages for individuals Hello. I have this question: On August 12, the gas in my private house was cut off for non-payment (the debt was not very large - 3,500 rubles). Before that, I received a notice of shutdown.

Help me find the answer to this question - my mother’s gas was sealed in a private house because during an inspection they discovered that the boiler’s automatic system was broken. The boiler itself is already old and you can’t find any automation for it anywhere (our neighbors’ automation hasn’t worked for 20 years and everything is fine), we bought a new boiler, but no one is going to turn it on.

We called several times, they ignore it, and if they come, they find a reason not to remove the seal (something is hanging wrong, branches are interfering with the pipes, etc.). The cold weather is coming soon, but the house is already cold. Tell me, did they have the right to turn off the gas before the heating season and what laws in this case can I read? Thank you.

#11 IP/Host: 94.181.81. Re: gas shutdown for individuals Hello! Gas workers came to me with a routine gas check. They asked for a gas book, I don’t have one.

The grounds for turning off the gas are:

  • Violation of the contract regarding the transfer of readings from metering devices (when the supplier does not know the amount of resource consumed);
  • Refusal of the consumer to provide access for scheduled inspections;
  • Lack of payment for more than three months;
  • Using a meter that does not meet the requirements in the region;
  • Use of metering devices and equipment that do not comply with technical regulations;
  • Lack of a concluded agreement with the service provider.

You should not panic if a resource is turned off without notice, since the supplier may shut down for unforeseen reasons, for example, in the event of an emergency, when replacing equipment, due to technical faults.

Meanwhile, the supplier and the subscriber can enter into an additional agreement that the debt will be paid in installments. The agreement establishes the schedule and amount of payments.

After this, the supplier resumes service within two days and removes the seals placed on the equipment when the gas was turned off. How much does it cost to restore supply? The amount is determined based on the costs incurred by the supplier in connection with the suspension of supply.

Connection of in-house devices is paid separately. There are no uniform tariffs for all regions. The amount of payment is set directly by the service company.

Additional reasons for disconnection In addition to debt and non-payment within three months, disconnection of gas supply to a consumer can be used as a compulsory measure in the following cases:

  • Lack of an extended contract for emergency technical services;
  • If the consumer independently installed or retrofitted the gas system without coordinating this with anyone;
  • Malfunctions of the chimney or other communication systems;
  • Evictions of tenants through the courts;
  • Gas leaks and emergency situations caused by the consumer.

In addition to the above, for disconnection there must be a fault of the consumer, for example, violation of clauses of the concluded contract, refusal to cooperate with the organization’s employees in providing information from the meter, the amount of debt for more than three billing periods, illegal redevelopment, etc.

If the parties agree to repay in installments, the amount will be divided taking into account all services provided and fines. As a rule, schedules are drawn up individually in the personal presence of the debtor, or the latter is simply notified and offered to sign the agreement.

About resuming the supply If the gas is turned off, you need to focus on the sequence of solving this problem. Today, such a measure is being used against defaulters more and more often, so they should be prepared for what awaits them for their carelessness. Russian legislation fully supports such an initiative from suppliers. Actions to resume gas supply:

  • Visiting the utility organization responsible for the shutdown to conclude a new contract.

And a week after my call to the gas workers, I came home and discovered that the gas pipe had been cut off and welded shut. They cut the pipe when no one was home. I was not left with any record of the actions taken.

I don’t know if police officers or bailiffs were present. 2 minor children (5 and 6 years old) live and are registered in the house, especially since one of them is the owner.

The heating season is about to begin, but apparently we will remain in an unheated room... If they had refused me a deferred payment over the phone, then of course I would have strained myself and paid off the debt. But since they gave me a deferment, I decided to spend the money on getting my child ready for school. This gives me 2 questions: 1. what can I do in this situation?2.

Tatyana, no, they have no right! #8 IP/Host: 85.26.232. Re: gas disconnection for individuals The subscriber was disconnected by the gas service due to debt for natural gas. The procedure for disconnecting the subscriber by the gas service was violated (lack of notifications).

Should the gas service connect the subscriber at its own expense in this case? #9 IP/Host: 109.165.22.

Utility companies often threaten to cut off the supply of resources for debts. And it would be fine if they just scared me, but they turn it off.

This story is about how to protect yourself from the tyranny of gas workers and not be left without gas and heat in winter.

A woman who found herself in what she thought was a hopeless situation turned to me for help. Due to the accumulated gas payment arrears, the local city gas company gave her a notice, saying that if the debt is not paid, we will cut off the gas.

Private house, two children, heating - gas boiler, hot water from the same place. Winter is on the street. It's impossible to live without gas.

It’s true that we’re running out of money. There’s a choice: either pay off the debt and starve in the warmth for a couple of months, or be left without heating.

In general, she called me almost crying after the gas workers confronted her with the fact “we’ll come tomorrow to cut it off.”

He calmed her down, promised to help, and wrote a complaint for her.

The text of this complaint is given here. It contains an explanation of why they do not have the right to cut off the gas, and a sample that may be useful to someone. In such cases, I still don’t dare ask for payment for my services.

So, I addressed the complaint to Gorgaz, the State Housing Inspectorate and the district prosecutor. All three recipients in one complaint, so as not to point at each other.

I, Ivanova M.I., live with two young children in a private house at . Due to my failure to pay the debt for gas, Gorgaz LLC notified me on November 11 of the upcoming shutdown of gas supply.

Due to my difficult financial situation, I am unable to repay the debt in full.

At the same time, the intentions of Gorgaz LLC to stop the supply of gas to a residential building are illegal. In the event of a gas supply shutdown, the procedure for stopping gas supplies will be violated, and my rights as a consumer of utilities will be violated.

In accordance with clause 122 of the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation dated 06.05.

2011 N 354: “122. Actions to restrict or suspend the provision of public services should not lead to: .

violation of established requirements for the suitability of residential premises for permanent residence of citizens.”

Source: https://avtoyurait.ru/drugoe/mogut-li-otkljuchit-gaz-za-neuplatu-v-otopitelnyj-sezon-2009-god.html

Turning off gas for non-payment: description of the procedure, procedure and rules

When else can the gas be turned off in an apartment building or private building? The supplier has the right not to provide gasification services:

  1. If the subscriber has violated the conditions under which he is obliged to provide the supplier with the necessary information, on the basis of which the latter determines the actual volume of consumption of the supplied resource.
  2. If the owner of the premises deliberately avoids allowing gas service employees into the premises to carry out an inspection.
  3. Gas may be turned off in an apartment building for non-payment if the owner does not pay for the service provided within 2 billing periods or does not do so in full.
  4. If the subscriber uses gas equipment that does not comply with the parameters specified in the contract.
  5. If the equipment used by the consumer to obtain the resource does not meet regulatory requirements.

Reasons causing gas supply failure

According to the legislative framework (Resolution No. 549[1]), a specialized gas distribution organization has the right to turn off the gas in cases where:

  • the VDGO maintenance contract has not been signed;
  • The VDGO maintenance contract has expired and there are no intentions to extend it.

In addition, the organization not only has the right to carry out the gas shutoff procedure, but also to impose fines.

The material reviewed confirms that all citizens are required to enter into contracts for the maintenance of gas equipment. A family with many children will also be cut off from gas if there is no agreement.

We find out whether it is necessary to conclude a contract for servicing gas equipment

  • Technical work was carried out in the house that required a shutdown; gas was not connected, however.
  • Based on the results of the inspection, the equipment installed in the subscriber’s residential premises was found to not comply with the standards, but the consumer intends to challenge this fact.
  • If the period allotted for eliminating the consequences of the accident has expired and the supplier has not carried out the necessary maintenance activities.
  • Gas was turned off throughout the entire residential building due to debt from one subscriber.
  • Access to meters and equipment was not provided due to the absence of the owner.
  • The owner of the premises refused to carry out the inspection twice.

Timing As established in regulations, the duration of the shutdown depends on the reasons for which it was carried out. But there are also situations in which the supply of gas to the consumer is suspended without prior notification. As a rule, these are mainly reasons for which the consumer is not responsible, such reasons include:

  • Gas distribution network failure;
  • If an accident occurs on indoor or in-house equipment, or a gas leak from such equipment;
  • If, after inspection by a specialized organization of intra-apartment or intra-house equipment, it turns out that the use of this equipment by the consumer will lead to an accident or creates such a threat.

When can your gas be turned off? As mentioned above, gas can be turned off without warning and with written notice. And disconnection for non-payment is made only if you do not pay for gas within 2 billing periods.

Can gas be turned off for non-payment: without a court decision, how to connect, what to do

Based on current legislative norms, gas supply to an apartment whose owners are in debt for natural fuel may be suspended. But you can turn off gas for non-payment if you follow the procedure. Before gas supply is suspended, the defaulter must be notified of the upcoming procedure.

Reasons for turning off the gas

Utility resource providers have the right to disconnect a defaulter from the service for non-payment without a court decision. This provision is contained in paragraph 45 of Government Decree No. 549. The procedure can be carried out unilaterally, but before this the debtor must be notified in writing. The document is sent to the defaulter 20 days before the gas is turned off.

Decree of the Russian Federation No. 549, paragraph 45

Reasons for deactivation may be:

  • violation of obligations to transmit data on the amount of resource consumed;
  • providing false information about the amount of gas consumed;
  • periodic refusals of the consumer to have gas equipment checked by a special service;
  • gas shutdown due to non-payment for consumed fuel for more than two months;
  • operation of gas appliances that do not meet established requirements;
  • lack of contractual relations between the consumer and the fuel supplier;
  • detection of technical faults;
  • the occurrence of an emergency at a gas distribution station;
  • failure of the consumer's gas equipment.

The resource supplying organization has the authority to turn off gas to a defaulter without a court decision.

After eliminating the problems that caused the suspension of gas supply, the consumer will need to contact the gas service.

After completing the application, the service will be restored. But the cost of gas connection is borne by the subscriber. To resume gas supply, the entire debt will need to be repaid.

The gas was turned off for debts, is this legal?

Regardless of what was the reason for shutting off the gas in the apartment, the resource supply organization must warn consumers about the upcoming procedure.

Gas service employees are required to notify citizens both in case of non-payment and in the event of technical malfunctions.

If there is no written notification, then the suspension of gas supply can be appealed in court.

Also, the suspension of gas supply will be unlawful if:

  • gas does not flow into the apartment building after technical faults have been eliminated;
  • the consumer has no debt for gas;
  • the reason for the lack of gas is a violation of the deadlines for technical work to eliminate faults;
  • when it is revealed that a gas service specialist has abused his powers.

If such circumstances exist, a citizen may apply to the court. At a court hearing, you should appeal the actions of the resource supply organization.

Gas providers must warn consumers about the upcoming gas shutoff procedure.

What should be the period and amount of non-payment?

Representatives of the service provider, according to the law, can turn off the gas in case of debt that has accumulated over 60 days (if during the designated period the defaulter has not made attempts to repay the debt for gas).

Also, based on the rules for turning off gas in an apartment building, gas supply is suspended if the cost of the consumed and unpaid resource exceeds the amount of 10 thousand rubles.

Disconnection procedure

The provision of housing and communal services is suspended without the consent of the defaulter. But before cutting off gas for non-payment, the resource supplying organization is obliged to follow a certain procedure. Otherwise, the debtor should seek protection of his interests in court.

Owner Notice

The document can be sent to the debtor in several ways:

  • sending to an email address;
  • personal delivery of notification of suspension of gas supply for non-payment against signature;
  • forwarding via Russian Post with notification of receipt;
  • the warning text can be printed on the receipt form for payment for the service;
  • if the defaulter is registered on the housing and communal services web resource, then a notification can be sent to the portal’s personal account.

The consumer may be notified of the upcoming procedure for non-payment by telephone. The conversation will be recorded.

The document must contain information about the amount of debt. It is also necessary to indicate that the debtor has a 20-day period to pay the debt. The consumer of a utility resource must record the moment of receipt of the notification. This will help you avoid unnecessary complications in the future.

The reply is in process

If there are no payments during the period indicated above, the debtor is given an additional 10 days. If the money is not transferred, then housing and communal services specialists have every right to turn off the gas for non-payment.

Overlap

If the subscriber has not taken any action to eliminate the debt, then the resource supplying organization will carry out the procedure for shutting off the gas legally. After gas supply is suspended, a plug and seal are installed on the internal branch of the gas pipeline. This operation will help avoid the misuse of blue fuel by the defaulter.

Compliance with the above sequence of actions will make the work of the resource supply organization legal.

If there is no notification about the suspension of gas supply or a belated warning, the consumer has the right to appeal the shutdown in court.

It is also worth remembering that minor malfunctions of the equipment in use cannot become a reason to suspend gas supply.

If the subscriber has not repaid the debt, then the gas is cut off legally.

Is it possible to turn off the gas without warning the consumer?

If certain situations arise, subscribers may be cut off from gas supply services:

  • technical malfunctions at the gas distribution station;
  • blue fuel leak detected;
  • failure of the intra-house gas pipeline, fittings and mechanisms near the apartment building.

Only in the above cases is the supply of gas to the consumer suspended at the right time without prior notification. If there are no such circumstances, and the reason for the suspension of gas supply is non-payment for gas or the inability to inspect the intra-apartment branch by gas service workers due to the absence of the owners, then preliminary notification is required. Without it, the actions of the resource supplying organization can be appealed in court.

In a claim, you can demand not only restoration of gas supply, but also payment of material and moral compensation. But the plaintiff will need to prove that damage occurred.

Where to contact if the service is suspended

If the gas supply was stopped in accordance with legal regulations, then in order to connect (if the gas was turned off for non-payment) the debt will need to be eliminated. When blue fuel stops flowing into the house due to circumstances that do not comply with legal standards, the subscriber can do the following:

  1. Submit a written complaint to the resource supplying organization. The text will need to indicate the fact of repayment of the debt with confirming checks. If the reason for disconnection was a malfunction of gas appliances, then you will need to attach evidence confirming their elimination.
  2. You can submit a written complaint to the prosecutor's office. The document can be taken to the reception in person or sent by email. The letter will also need to be accompanied by evidence confirming the subscriber’s correctness (receipts, technical documentation).
  3. Submit the claim to the court. But before that, you need to contact the police to record the fact that the consumer does not have gas. Next, you need to send a complaint to the Society for the Protection of Consumer Rights and the Housing Inspectorate. At the final stage, you can appeal to the magistrates or district court.

How to get an installment payment

To apply for an installment plan or deferment, you will need to have valid reasons why it is not possible to eliminate the non-payment in full within the established time frame.

You should also indicate the reason why disconnection from the resource is impossible. For example, the presence of a baby in the family.

You can only ask for a deferral of payments for valid reasons.

After receiving a request from a subscriber, the gas supply organization can proceed as follows:

  1. Meet the debtor halfway and enter into an installment payment agreement with him. The document must indicate the frequency of elimination of non-payment and the amount of payments.
  2. Refuse the debtor. In this case, the consumer must be sent a written refusal. Next, the subscriber has the right to go to court to appeal such a decision.

Stopping gas supply in private houses

The procedure for suspending gas supply for non-payment in a private home does not differ from the sequence of actions of the gas service in relation to residents of apartment buildings.

House owners are notified of the upcoming shutdown and are familiarized with the procedure for suspending gas supply.

If non-payment is not eliminated within the specified time frame, then 3 days before the gas supply is suspended, the debtor receives a final notification, after which the resource is cut off.

In what cases services cannot be terminated

If the consumer has been disconnected from the gas supply, then to protect your interests you should read the Supreme Court Resolution No. 22 of June 27, 2017. This legislative norm reflects the grounds on which the disconnection procedure is carried out. In addition, the document identifies factors the presence of which makes the procedure illegal:

  • the presence of debt cannot be the only reason for suspension of the service;
  • if gas has stopped being supplied to the consumer, then it will be necessary to find out whether his rights are being infringed. This refers to the emergence of a threat to the life and health of a citizen.

If there is a small child

The presence of a baby in the family is not a reason due to which the suspension of gas supply would be illegal. The only way to avoid disconnection in this case is to arrange an installment plan (deferment) of payments to eliminate non-payment.

Disabled person

If the lack of gas for a disabled citizen can cause deterioration in health or pose a threat to life, then the actions of the gas service will be declared illegal. To appeal the suspension of gas supply for non-payment, you will have to go to court.

Large family

The presence of a large number of minors in the family is also not a reason for declaring the disconnection illegal.

Consumers of the resource need to submit a request to the management of the gas service for an installment plan to pay the debt.

The document will need to indicate the reason why the subscriber does not have the opportunity to repay the debt at a time (status of a large family).

Source: https://ZKHinfo.ru/kommunalnye-uslugi/otklyuchit-gaz-za-neuplatu

Do gas workers have the right to turn off the gas in an apartment building?

If the submitted application is ignored by the gas workers, then you can complain about them to the antimonopoly service, Rospotrebnadzor or the prosecutor's office. Only the debtor is deprived of unpaid services, that is, the gas in the entire house is not turned off, and the debtor is warned twice before the planned sealing of the tap - 20 and 40 days in advance.


This time is necessary for him to take the necessary actions - pay off the debt and provide payment receipts or ask for a deferment.

It is necessary to remember that this service is not provided to you as a consumer by the housing office, but directly by the organization with which the housing office has an agreement.

  • The corresponding application will need to be submitted not only to the housing department, but also directly to the organization that supplies this service.
  • From the organization supplying gas, you must receive a certificate of termination of accrual of payments for the service provided.
  • Within seven days you will have to disconnect the service (this is stated in the rules on the basis of which the service is provided). As practice shows, most often subscribers are disconnected from the provided service for non-payment or partial payment.

To avoid the occurrence of debt, the organization that provides the services must correctly and timely provide the information necessary for making payments.

  1. To begin with - 04 - the emergency gas service will tell you whether an emergency has occurred.
  2. To the management company - there is a possibility that you missed the notice (children could simply pull it out of the box).
  3. To the resource provider (telephone number is indicated on the receipt).

Other cases Termination and restoration of gas supply are recorded by special acts.


They are drawn up in two copies: one remains with the consumer, the other with the service provider.

Do they have the right to turn off the gas in the mkd.

Therefore, let's look at the options when the supplier has the right to disconnect the service without first notifying the consumer:

  1. If an emergency occurs or if there is a breakdown of gas supply equipment or if there is a gas leak from it.
  2. An emergency situation occurs in the gas distribution network.
  3. If there is a possibility of an emergency due to the failure of in-house gas distribution equipment. In this case, the basis for disconnecting the consumer is the conclusion issued by the company with which the consumer has entered into a service agreement.

How to stop supplying a resource?

  1. Both suspension and resumption of services for providing a resource to a consumer must be formalized by special acts provided for by law.

Can gas supply be turned off in private homes for non-payment?

As practice shows, in recent years the debt on utility bills in the country has been steadily growing.

In such conditions, service providers try to protect their interests by developing a system of measures to deal with unscrupulous clients.

All of them must not conflict with Russian legislation. For example, turning off gas in a private home for non-payment is possible only if a number of conditions are met.

Reasons for turning off the gas

All rules according to which it is possible to turn off or suspend gas supply are approved by the Civil Code of the Russian Federation and RF PP No. 549, as well as other legal acts.

According to these documents, gas suppliers have the legal right, upon their sole decision, to stop fulfilling their obligations towards the client (i.e., completely cut off from the supply system or suspend for a while).

There are several reasons why gas workers have the legal right to cut off the gas supply to a private (and not only) home:

  • when the consumer has violated by his actions the clauses of the contract concluded with the supplier, which relate to the need to timely provide information on the volume of gas consumed;
  • residents do not allow gas service workers to access the equipment, thereby preventing inspections;
  • consumers have been ignoring payment notifications for more than two months;
  • if consumers have installed gas equipment in their home that is not approved for use in this region;
  • provided that the gas appliances used in the house do not meet the necessary technical standards, which can lead to an accident;
  • the owner of the house did not enter into a client agreement for the maintenance of gas equipment with an authorized organization.

If any of the above reasons occur, the gas company employees send the consumer a notice warning of their intention to suspend the service.

They have the right to do this 20 days after this notice is received by the client.

The date on the postal item can also be considered such a date; it is not necessary to hand over the letter personally for signature.

In some cases, gas may be turned off without the consent of the home owner

There are a number of reasons why a gas supplier has the right to stop supply without giving prior notice:

  • there was a serious accident on the gas distribution network;
  • if the working equipment in the house and/or area is damaged and there is a gas leak;
  • when a special commission concluded that the equipment used in the house does not meet the required technical specifications, which could lead to an accident.

If these shortcomings have been eliminated, residents acquire the right to resume the service. Once the supplier receives notification that all previously found deficiencies have been eliminated, he is given 3 business days to reconnect the equipment.

The period for which the supply may be stopped depends on the reason. If the company carries out scheduled repair work, then this period should not exceed 4 hours per month in total. If it increases, the payment for supplied gas is reduced by 0.15% for each hour in excess of the allotted limit.

If there is an accident on the central network, the company is obliged to eliminate it within 24 hours, during which time it is allowed to turn off the gas. Plus, beyond this limit, another 2 days are given to establish normal supply.

Disconnection procedure

It is necessary to consider in more detail the question of how gas is turned off in an apartment (or in a house) for non-payment. As practice shows, most often gas workers do this for non-payment.

For such a scenario to develop, it is enough not to make gas payments for two months. Moreover, we are not only talking about the entire amount that needs to be paid.

Disconnection from the gas network is possible even if the client has not paid at least part of the specified amount of money.

The method of influencing the defaulter can be determined by the supplier company itself. She has the right to either suspend the provision of services or cut off the house from the gas network completely. But first she is obliged to issue a warning to the client. It is given in the form of a written notice.

Civil Code of the Russian Federation (Article 546) is created in the form of a postal item or handed over to the client personally against a receipt. The specified document must contain a schedule for subsequent shutdown.

The reason for turning off gas is often long-term non-payment for the service.

If at the first stage the supplier decides only to limit the supply, then for a complete shutdown he must wait another month from the day he introduced the restrictions.

Plus, before this procedure is carried out, the client is again given a written notification. This must be done 3 business days before the shutdown date.

The letter is either sent by registered mail, or delivered by courier personally to the client against signature.

Thus, before the final disconnection from gas supply to a private (detached) house, one and a half months must pass from the date the client receives the first notification. This period can be reduced by skipping the partial shutdown stage if this procedure is impossible due to the technical features of the equipment.

When the procedure for disconnecting from the gas network is completed, a representative of the supplier company, according to internal regulations, is obliged to put seals on the equipment (that which belongs to the company).

Is it possible to turn off the gas without warning the consumer?

Gas workers have the right to stop supplying gas to a residential private house without prior warning only if the following situations arise:

  • there is a suspicion of a gas leak;
  • gas equipment inside the house or in its immediate vicinity has become unusable;
  • in case of emergency on the central gas network.

In all other situations, be it non-payment of existing debt, inability to inspect the appliances due to the absence of the owners in the house, the supplier has no right to turn off the gas on the same day without official warning.

Such an act is a direct reason for filing a claim in court. Moreover, the consumer has the right in his application to demand not only the resumption of supply, but also compensation for material and moral damage (if he can prove its existence).

Where to contact if the service is suspended

If the disconnection from the gas network occurred legally, then the client has only one choice - to eliminate the equipment deficiencies found or to pay off the existing debt for payment for services.

The supplier must notify the debtor about disconnecting the service

But in the case where, in the consumer’s opinion, the disconnection was made illegally, he has three options for further action:

  1. Draw up and submit a claim to the supplier company. It should state the essence of the current situation, indicating all the deadlines, attaching copies of payment receipts and/or technical documentation for the gas equipment installed in the house.
  2. File a complaint with the prosecutor's office about illegal actions. It must also be accompanied by copies of financial and technical documents. To carry out this procedure, it is not at all necessary to contact the prosecutor’s office reception directly; it is enough to send a letter by email.
  3. File a claim in court. It would be a good idea to first call the police at home so that they record the fact of the disconnection and describe the client’s living conditions. Then you should file a complaint with the Housing Inspectorate and the Society for the Protection of Consumer Rights. And only after waiting for an answer from them, you should submit a statement of claim to the Magistrates or District Court, depending on the amount of the claims.

Copies of the following documents must be attached to the statement of claim:

  • documents confirming ownership of real estate;
  • service agreement with the gas company;
  • an act that was drawn up during the last preventative inspection of gas equipment by the service company;
  • receipt of payment of state duty;
  • all previous claims to regulatory government agencies, as well as responses from these organizations;
  • response from the police to the statement.
  • any financial documents that can confirm that the client will suffer losses due to the disconnection and the need to reconnect the gas equipment.

According to the Code of Civil Procedure of the Russian Federation, the judge is given 5 working days to make a court decision.

The debtor can appeal the decision to disconnect services

Typical reasons given when filing a lawsuit include the following:

  • the consumer was not notified in advance about the impending shutdown;
  • the gas meter has not passed the test;
  • gas shutdown due to the infrequent appearance of the owners in a private house.

It is especially important to find out whether gas can be turned off for non-payment in winter. The supplier is granted this right only if there are alternative heat sources in the house (for example, a wood stove). In other cases, the defaulter must be given the opportunity to spend the winter (until the heating season officially ends) without stopping the gas supply.

They do not have the right to stop the gas supply if a minor child lives in the house. However, in practice it turns out that the gas is turned off even in violation of the prescribed rules. Therefore, the question of what to do if the gas is turned off for non-payment should be decided depending on the surrounding circumstances.

How to restore gas supply to your house

Next, you need to figure out how much the connection will cost if the gas is cut off for non-payment. The rules for restoring gas supply are stipulated in RF Regulation No. 549.

In this case, in addition to the amount of debt and penalties, you will also have to pay for the technical work necessary for connection. The cost of work varies depending on the region. On average across the country it varies from 4 to 5 thousand rubles.

If we consider the general procedure for resuming services, the gas company is given 5 working days to restore gas supply after the client provides documentary evidence of elimination of identified deficiencies or receipts for payment of debt. Therefore, the owners of a private house must independently submit a written application to the company that supplies gas.

A company specialist will remove the seals, check the serviceability of the equipment and connect it to the general gas distribution network. Technical work usually does not take much time. At the end, the consumer and supplier must enter into a new service agreement.

Gas shutdowns in an apartment building or in a private house for non-payment are not uncommon. Each such procedure has its own nuances that the consumer should know in order to be able to protect their rights.

The consequences of non-payment of utility bills will be discussed in the video:



Source: https://MoyDolg.com/neuplata-i-uklonenie/fizlica-5/otkljuchenie-gaza.html

The gas was turned off: can it be turned off without warning?

  • Technical work was carried out in the house that required a shutdown; gas was not connected, however.
  • Based on the results of the inspection, the equipment installed in the subscriber’s residential premises was found to not comply with the standards, but the consumer intends to challenge this fact.
  • If the period allotted for eliminating the consequences of the accident has expired and the supplier has not carried out the necessary maintenance activities.
  • Gas was turned off throughout the entire residential building due to debt from one subscriber.
  • Access to meters and equipment was not provided due to the absence of the owner.
  • The owner of the premises refused to carry out the inspection twice.

Timing As established in regulations, the duration of the shutdown depends on the reasons for which it was carried out.

When can the gas be turned off?

Of course, the gas in the house can be turned off. However, management companies often turn off gas without warning, without legal grounds. Disconnection will be legal in the following cases:

  • Lack of emergency maintenance agreement;
  • Self-installation of gas equipment by residents;
  • In case of malfunctions of gas communications;
  • After eviction of tenants from the house;
  • An emergency situation, in particular a gas leak, that cannot be repaired on site.

However, there are many situations when gas is turned off due to the fault of the consumer. Among the most common cases of this kind:

  • Payment arrears exceed the amount for two billing periods (non-payment for more than two months);
  • Violation of contract by the consumer. In particular, the company’s obstacle to determining the volume of gas consumed;
  • The consumer does not allow gas equipment to be checked;
  • Use of equipment that is not specified in the contract and does not comply with acceptable standards;
  • The company and the consumer did not enter into an agreement on the maintenance of gas equipment.

All reasons for turning off the gas must be specified in the agreement with the management company. The list may vary depending on the company and region.

server error

After this, you need to contact the municipal administration with an application for an examination. Based on its results, a conclusion should be drawn up.

The next authority will be the court. The subscriber draws up a statement of claim and attaches all available documents to it, including an expert opinion, explanations from the supplier company, a service agreement, a title document for the property, and a certificate confirming that he has no debt to pay for consumption. How is gas connected after a shutdown? After eliminating the reasons for the suspension of service, the subscriber contacts the supplier with an application for reconnection. If the gas was turned off due to a debt, the supply is resumed, as a rule, after it has been fully repaid.

Procedure for turning off the gas

Termination of the contract unilaterally is impossible without timely notification to the user of the reasons for the termination of gas supply to a private home.

For this purpose, the organization supplying gas must send the subscriber a notice by registered mail 20 days before the actual suspension of the supply of the resource. This rule is enshrined in paragraph 46 of Government Decree No. 549.

The notification must contain the reasons for shutting off the gas supply, the schedule according to which the supply of the resource will be interrupted, as well as methods of feedback from the supplier.

Gas equipment must be sealed after the user is disconnected from the network. At the same time, the incidental termination of the supply of water supply and heating due to debt for gas is considered illegal.

In fact, it is possible to terminate a contract with a subscriber through the court only 3 months after the gas supply is suspended. In this case, an important condition is the user’s refusal to eliminate the reason for the interruption of gas supply, in accordance with paragraph 53 of Decree of the Government of the Russian Federation No. 549.

If the debt for gas supply services exceeds 10 thousand rubles, the organization has the right to go to court to forcefully collect the amount of debt.

Thus, during enforcement proceedings, the debtor may be restricted from traveling abroad. Bailiffs have the right to seize and sell some of the property of a willful defaulter (the proceeds are transferred to the supplier company to pay off the debt).

It is legally impossible to evict a citizen from a private house or apartment if he is the legal owner of the property. The situation is completely different with persons renting a property or occupying it in connection with a social tenancy agreement concluded with the municipality.

This is why experts do not recommend “accumulating” debt by paying it off on time. If you do not have enough finances to pay for the services of your gas supplier at the moment, there are several ways to avoid negative consequences.

Do they have the right to turn off the gas in an apartment building due to several debtors?

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 703-48-91. It's fast and free! Table of contents:

  • Can they turn off the gas in a private home?
  • Is this possible if the inspectors did not get into the apartment?
  • Legally
  • Unlawful interference
  • How to stop supplying a resource?
  • Main stages
  • Work of performers
  • For how long can they be deprived?
  • What do you need to do on your own?

Can they turn off the gas in a private home? But one should take into account the fact that the legislation provides for cases when turning off gas in a residential area is not allowed.

Illegal gas shutoff: what to do?

Notifications of debt to the supplier are sent 20 and 40 days before disconnection from the service.

  • If the consumer does not respond to notifications and does not pay for the service in full, then the gas supply is turned off within three days at this address.

What do you need to do on your own?

  1. In order to turn off the gas supply service to the premises, you will need to write an application to your management company.
  2. You must first pay all your outstanding debts.
  3. The application must indicate the reasons for disconnecting the service, for example, your absence from this address.
  4. The application will need to be accompanied by the necessary documents that can confirm your absence:
      certificate from work;
  5. certificate from the place of military service;
  6. etc.

IMPORTANT.

  • If the consumer refuses to allow the supplier's authorized inspection personnel to carry out the appropriate inspection;
  • If the consumer does not pay for gas for 2 billing periods in a row;
  • If the consumer uses gas equipment that does not correspond to the equipment specified in the contract;
  • If the gas supplier has received a notification from an organization that has concluded an agreement with the consumer for the maintenance of in-house and intra-apartment gas equipment, that the consumer is using equipment that does not meet regulatory requirements and, accordingly, poses a danger.

As a rule, the gas is turned off:

  • For non-payment. Termination of gas supply is allowed if payment has not been received from the subscriber for 2 months in a row or on the date of disconnection the amount of the resulting debt is greater than the amount accrued for 2 months.
  • For regular violation of the rules established in the contract with the supplier.
  • For creating obstacles to representatives of the supplying organization obtaining the information necessary to determine the actual volume of consumption. For example, a citizen does not allow gas service workers into the house so that they record the meter readings.
  • For the use of equipment that does not meet the requirements of the law, as well as does not comply with the terms of the contract.

The reasons for gas shutdown can be established in an agreement between the supplier and the subscriber.

Gas shutdown for non-payment in a private home during the heating season

» Housing and communal services » Can gas be turned off for non-payment in a private home during the heating season?
4/5 (4)

Government Decree No. 549 of July 21, 2008, in paragraph 45, establishes the right of the gas supplier to terminate the supply of the resource, having previously notified the recipient in writing, and to unilaterally refuse obligations under the contract.

Attention! To exercise this right, the following circumstances may occur:

  • the client violated the terms of the contract and provided irrelevant information, which leads to the fact that the supplier is not able to accurately determine the natural gas consumed;
  • the client interferes with the inspection by not providing access to his territory;
  • payment for services has not been received for two consecutive periods;
  • the natural gas consumer uses equipment that differs from what is specified in the contract;
  • the gas supplier has received information from an organization servicing gas equipment that the client is using gas equipment that does not meet technical standards;
  • The natural gas consumer does not enter into an equipment maintenance agreement with the organization that maintains it.

Consultation with a lawyer on utility bills is free.

Before stopping the supply of gas to the consumer, the supplier is obliged to notify the consumer in writing by registered mail with acknowledgment of receipt. Moreover, the notification indicates the reason for the suspension of the contract.

In order for the gas shutoff procedure to be carried out in accordance with all the rules, it is necessary to maintain a twenty-day period from the date of notification to the consumer.

For the connection of in-house equipment, the client pays the cost of this service separately to the supplier or organization that maintains the equipment in accordance with the contract.

Please note that the resumption of natural gas supply occurs within three days from the date of receipt of notification from the client that the reasons for the shutdown of natural gas have been eliminated.

ATTENTION! View the completed sample gas shutdown notice:

Procedure for disabling a resource

Most often, gas suppliers disconnect a customer for delaying payment for more than two months in a row. Please note that in this case it is not necessary to have the full amount of debt; it is possible to have partial debt for two months in a row. To avoid this situation, all bills must be paid in full and on time.

Determining the method of influence on the debtor is the right of the service provider. The supplier has a choice: disconnect the entire apartment building from the gas network or suspend the provision of service. Although we should not forget that before this it is necessary to notify the debtor in writing twenty days in advance.

Remember! Article 546 of the Civil Code of the Russian Federation states that a notice to the client is delivered personally or sent by registered mail with return receipt requested. The notice also indicates the schedule for disconnecting from gas.

The reason for stopping the supply of natural gas is most often non-payment for the service over a long period.

Initially, the supplier must make a decision regarding the restriction of natural gas supplies; in order to permanently stop the supply, it must wait thirty days from the date the restriction was introduced.

Please note that before restricting and stopping the supply of gas, the client must be notified in writing about this. In the first case, a notification is received twenty days in advance, and in the second case, three working days in advance. In both cases, the notice is given personally to the client or sent by registered mail with notification.

Please note that before the final cessation of natural gas supply to a private residential building, 1.5 months must pass from the date the consumer receives the first notification. Although it is possible to reduce this period if you skip the stage of limiting gas supply, but only if for technical reasons this procedure cannot be carried out.

After completing the gas supply termination procedure, the supplier’s representative must put seals on equipment owned by the company, but only in accordance with internal regulations.

Terms of termination of service delivery

According to regulations, the duration of the interruption of gas supply depends on the circumstances that were the reasons for this.

In case of non-payment of natural gas supplies, supply will begin only after full repayment of the debt, within five days.

To carry out repair work, gas can be turned off for only 4 hours every thirty days. If the shutdown is made for a period that is more than 4 hours per month, then the payment for gas supply is reduced by 0.15% of the cost for each hour of shutdown.

If an emergency occurs, gas supply may be interrupted for a period of no more than one day. Full gas supply is carried out within 2 days from the moment the emergency situation is eliminated.

Watch the video. Who is at risk of gas shutdown?

About types of debt

Important! Debt for utilities is classified into several periods:

  • from 2 to 4 months - most often this is attributed to indiscipline and dishonest attitude towards the client’s responsibilities or temporary financial difficulties. Most often, this debt is ignored by the supplier due to unreasonableness in terms of time;
  • up to 12 months – most often occurs intentionally. In this case, the provider constantly sends notifications and alerts. In the event of such debt, the supply of natural gas is interrupted;
  • non-payment period of more than 24 months - suppliers call them unexpected repayments. Debt collection occurs in court.

Payment of the debt is made at the tariffs that were in effect at the time the debt arose, without taking into account the readings of the meter according to regional standards. In the event of an agreement between the parties to repay the debt, the amount of contributions is determined as the average value of the value of the debt.

The schedule is drawn up individually in front of the debtor, or it is simply announced and offered to sign a bilateral agreement.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

How to restore gas supply

To connect the gas supply after trimming, you need to find out the cost of this service. The rules for resumption of natural gas supplies are described in Government Decree No. 549 of July 21, 2008.

In addition to the amount of debt and penalties, you will also have to pay for work on connecting to the gas supply. Connection tariffs are unstable and are set depending on the subject of the Federation. On average, this is approximately 4-5 thousand rubles.

When considering the general procedure for connecting gas supply after cutting, a period of five working days is set for the gas company, after which the client provides documentary evidence of eliminating the reasons why the gas supply was cut off.

Please note that the owner of a private residential property must write a statement to the gas company.

Is it necessary to enter into a contract for the maintenance of gas equipment?

An employee of the gas company comes, removes seals and checks the serviceability of the equipment and connects it to the general gas pipeline. Maintenance work is carried out in a short time. After their completion, the client and supplier enter into an agreement for the provision of services.

Is it possible to suspend supplies without warning?

Please note! Shutting off the gas supply without notice is possible, but only in certain cases, which include:

  • accident in the general gas distribution network;
  • natural gas leak;
  • breakdown of intra-apartment or intra-house equipment for its replacement;
  • a faulty gas appliance, which was discovered during an inspection, and this poses a threat to the life or health of residents.

Only in these cases the termination of gas supply is justified and can be carried out without warning.

Illegal actions of the supplier

There are often situations where gas supply is interrupted in violation of the rules.

Attention! Such cases most often include a gas supply shutdown when:

  • the client has not paid the receipt, but he has no debt;
  • carrying out maintenance work in a residential building that required stopping the gas supply, although the connection was not restored;
  • as a result of the inspection, it was determined that the gas equipment installed at the client’s premises does not comply with the standards, although the client wishes to dispute this fact;
  • the period required to eliminate the emergency situation has passed, and the supplier has not resumed gas supply because maintenance work has not been carried out or completed;
  • the gas was turned off in an apartment building due to the debt of one property owner;
  • access to the gas meter is not provided due to obstacles or absence of the homeowner;
  • The homeowner twice refused to have the equipment inspected.

What actions should the owner take?

If gas supply is suspended illegally, the client has the opportunity to contact the law enforcement authorities with a written statement:

  • judicial authority;
  • Prosecutor's office.

The appeal contains information about the situation that happened, the violation on the part of the natural gas supplier, as well as the plaintiff’s demands to resume gas supply at the expense of the defendant.

The owner also has the right to file a claim for compensation for moral damage and receive compensation for moral damage in the form of money from the gas supplier.

Please note! In the event of a gas supply interruption in accordance with the law, the client may:

  • clarify whether a notification was received before the gas supply was turned off;
  • check deadlines;
  • try to come to an agreement with the supplier on restructuring the agreement (if the debt is large, then break it into several parts);
  • repay the debt in full and not allow it to arise again.

Please note that cutting off the supply of any utility service is always unpleasant, so you should not let it come to this and always pay for the services.

Complaint to the Prosecutor's Office

The complaint to the prosecutor's office contains the following elements:

  • name of the body to which the complaint is filed (department of the Prosecutor's Office for the subject);
  • personal and contact details of the applicant;
  • description of the essence of the situation;
  • details of the contract concluded between the applicant and the service provider;
  • applicant's requirements;
  • deadline for giving a response;
  • signature of the applicant and date of preparation of the document.

ATTENTION! View the completed complaint form to the Prosecutor's Office:

Do I need to pay to seal my gas meter?

Statement of claim to court

The claim is drawn up in accordance with the legislative norms established in Article 131 of the Civil Code of the Russian Federation. It must be submitted in writing only.

The statement of claim must contain the following information:

  • name of the court;
  • details of the plaintiff and defendant;
  • what rights are being violated;
  • amount of claim;
  • evidence of an attempt to resolve the conflict before trial;
  • list of attached documents.

Attention! The following documents are also attached to the statement of claim, which may confirm the circumstances of the case:

  • independent examination;
  • a copy of the service document;
  • documentary evidence of ownership of the residential premises in which the gas was turned off;
  • documentary evidence that there is no debt to pay for the service;
  • documentary evidence of payment of the state duty.

The claim is filed with the magistrate of the judicial district at the location of the defendant.

Watch the video. What are the consequences of not paying for gas?

Dear readers of our site! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at :

8

Moscow, Moscow region

8

St. Petersburg, Leningrad region

8

Federal number for other regions of Russia

If your question is lengthy and it is better to ask it in writing, then at the end of the article there is a special form where you can write it and we will forward your question to a lawyer specializing specifically in your problem. Write! We will help solve your legal problem.

Source: https://potreb-prava.com/zhkx/otklyuchenie-gaza-za-neuplatu-v-chastnom-dome-v-otopitelnyj-sezon.html

Do they have the right to turn off the gas in an apartment building?

Pravoved.RU 224 lawyers are now on the website Consult with a lawyer online 224 lawyers are ready to answer now Reply in 15 minutes

Hello, I live in an apartment building. Several apartments (about 10 out of 36) have gas payment arrears.

The supply company posted a notice that the entire house would be cut off from gas supply due to debt. Is this legal? Collapse Victoria Dymova Support employee Pravoved.ru Hello! Similar issues have already been considered, try looking here: All legal services in Moscow Licensing of management companies Moscow from 40,000 rubles.

Gas shutdown for non-payment during the heating season.

In recent years, when the financial situation for families has become significantly worse since the start of the crisis, many have begun to save. They also save on paying for housing and communal services. The number of lawsuits regarding non-payment of utility bills has increased significantly. Increasingly, the situation is turning into the fact that the management company refuses to make concessions to debtors and turns off some services for which the homeowner has not paid for a long time. But is it possible to turn off gas for non-payment in an apartment building, we will consider in this article.

When the gas is turned off

To answer the question “Can the gas be turned off during the heating season?”, you need to understand why this is possible. Gas may be turned off if:

  • the supplier does not know how much of the resource was actually consumed - when the metering devices in an apartment building count incorrectly or are faulty;
  • the client does not agree to provide access for scheduled and preventative maintenance;
  • the debtor does not pay for the use of the service for more than three months;
  • the meter does not meet the requirements set for metering devices and gas equipment in this area;
  • the meter does not comply with technical specifications and regulations;
  • no contract was concluded with the service provider.

Gas supply may be interrupted without notice. If there is not a single reason that is significant for the shutdown, then most likely the reason for stopping the supply of gas in an apartment building is an accident, replacement of equipment or other technical malfunctions. The gas service notifies you in advance about maintenance work and related shutdowns. If the supply has stopped and there is no specific reason, the supply will be restored quickly and free of charge as soon as the issue is resolved or the breakdown is corrected.

It is important to know! If the homeowner owes payment for several months, then at the moment of disconnection he understands that he will have to not only pay all existing debts and non-payment, but also accrued penalties and fines, as well as all expenses that are guaranteed to appear upon reconnection and costs . Gas is turned off for lack of payment at least 2 months after the debt is incurred.

Reasons for turning off the gas

All rules according to which it is possible to turn off or suspend gas supply are approved by the Civil Code of the Russian Federation and RF PP No. 549, as well as other legal acts. According to these documents, gas suppliers have the legal right, upon their sole decision, to stop fulfilling their obligations towards the client (i.e., completely cut off from the supply system or suspend for a while). There are several reasons why gas workers have the legal right to cut off the gas supply to a private (and not only) home:

  • when the consumer has violated by his actions the clauses of the contract concluded with the supplier, which relate to the need to timely provide information on the volume of gas consumed;
  • residents do not allow gas service workers to access the equipment, thereby preventing inspections;
  • consumers have been ignoring payment notifications for more than two months;
  • if consumers have installed gas equipment in their home that is not approved for use in this region;
  • provided that the gas appliances used in the house do not meet the necessary technical standards, which can lead to an accident;
  • the owner of the house did not enter into a client agreement for the maintenance of gas equipment with an authorized organization.

If any of the above reasons occur, the gas company employees send the consumer a notice warning of their intention to suspend the service. They have the right to do this 20 days after this notice is received by the client. The date on the postal item can also be considered such a date; it is not necessary to hand over the letter personally for signature.

There are a number of reasons why a gas supplier has the right to stop supply without giving prior notice:

  • there was a serious accident on the gas distribution network;
  • if the working equipment in the house and/or area is damaged and there is a gas leak;
  • when a special commission concluded that the equipment used in the house does not meet the required technical specifications, which could lead to an accident.

If these shortcomings have been eliminated, residents acquire the right to resume the service. Once the supplier receives notification that all previously found deficiencies have been eliminated, he is given 3 business days to reconnect the equipment.

The period for which the supply may be stopped depends on the reason. If the company carries out scheduled repair work, then this period should not exceed 4 hours per month in total. If it increases, the payment for supplied gas is reduced by 0.15% for each hour in excess of the allotted limit.

If there is an accident on the central network, the company is obliged to eliminate it within 24 hours, during which time it is allowed to turn off the gas. Plus, beyond this limit, another 2 days are given to establish normal supply.

Can the gas be turned off during the heating season?

To figure out whether they have the right to turn off the gas in winter, it is worth understanding that there are two types of gas supply. In the first case, gas is supplied as a heating resource and it cannot be turned off in the winter season, as in the summer, without two prior notices, as this is contrary to the law. In another case, gas is only a means of cooking, since the house is heated by other methods - the service provider can notify only once and disconnect the subscriber from gas. You cannot turn off the gas in a house or apartment without a court order.

They can turn off the gas supply even for non-payment if:

  • disconnection will cause damage to property owned by others;
  • disconnection of one resident of an apartment building will result in loss of gas for other people who pay all utilities regularly and on time;
  • the requirements for the suitability of living in a residential area after the gas is turned off are violated.

Such situations are considered controversial and are used very rarely. Most often, the service provider has the right to disconnect a subscriber for non-payment, regardless of his living conditions. Can the gas be turned off during the heating season - yes. Regardless of whether the heating season is in full swing or summer, the service provider has the right to disconnect. Even if the debt arose due to good reasons:

  • presence of a disabled child registered in the home;
  • large families;
  • disabled people or cancer patients living in the apartment.

Regardless of the presence of these serious reasons, shutdown may occur. Several conditions must be met:

  1. The apartment owner must receive notification 40 days before the expected shutdown date.
  2. The second notification must come to the apartment owner 20 days before the disconnection. This is not necessarily a courier delivery service. All you need to do is send a tracking email.
  3. If, after two notifications, the client does not pay the debt, does not begin to solve this problem, and does not even show up at the company’s office, then the supply of resources to the house is stopped within three days.

It is important to know! From the service provider and legislation point of view, the heating season is no different from the summer months. They completely disconnect single subscribers, those with many children, those in difficult life situations, or those who have lost their jobs. With all these reasons, the debtor should go to court and ask to return the resource and indicate the terms of possible repayment.

Typically, owners contact the gas supply company directly and try to sign an installment plan and debt restructuring. In this case, the management company has the right to maintain the supply of the resource in full and not deprive the person of heating and the opportunity to cook food. If the debtor does not react in any way to repeated notifications and does not strive to solve the problem, then he is disconnected without a twinge of conscience. After all, the owner had a lot of time - more than a month - to start solving the problem that was his fault.

They do not have the right to cut off gas during the heating season

Utility companies often threaten to cut off the supply of resources for debts.

And it would be okay if they just scared, but they turn it off. This story is about how to protect yourself from the tyranny of gas workers and not be left without gas and heat in the winter. A woman who found herself in what she thought was a hopeless situation turned to me for help. Due to the accumulated gas payment debt, the local city gas service gave her a notice, saying that if the debt is not paid, we will cut off the gas. Private house, two children, heating - gas boiler, hot water from the same place.

Winter is on the street. It's impossible to live without gas.

It’s true that money is running short. There’s a choice: either pay off the debt and starve in the warmth for a couple of months, or remain without heating. In general, she called me almost crying after the gas workers confronted her with the fact “we’ll come to cut it off tomorrow.” I calmed her down, promised help, I wrote a complaint for her. I present the text of this complaint here.

It contains an explanation of why they do not have the right to cut off the gas, and a sample that may be useful to someone. In such cases, I still don’t dare ask for payment for my services. So, I addressed the complaint to Gorgaz, the State Housing Inspectorate and the district prosecutor. All three recipients in one complaint, so as not to point at each other. I, Ivanova M.I., live with two young children in a private house at the address.

Due to my failure to pay the debt for gas, Gorgaz LLC notified me on November 11 of the upcoming shutdown of gas supply. Due to my difficult financial situation, I do not have the opportunity to pay off the debt in full. However, Gorgaz LLC’s intentions to stop the gas supply to the residential house are illegal.

In the event of a gas supply shutdown, the procedure for stopping gas supplies will be violated, and my rights as a consumer of utilities will be violated.

In accordance with clause 122 of the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings, approved.

Decree of the Government of the Russian Federation dated May 6, 2011 N 354: “122.

Actions to restrict or suspend the provision of public services should not lead to: . violation of the established requirements for the suitability of residential premises for permanent residence of citizens.” In accordance with paragraph 12 of the Regulations “On recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction” approved.

Decree of the Government of the Russian Federation dated January 28, 2006 N 47: “12. The living space must be provided with engineering systems (electric lighting, domestic drinking and hot water supply, water disposal, heating and ventilation, and in gasified areas also gas supply) "Gas is used for heating my house (heating boiler), for cooking (gas stove) .The house does not have central or stove heating systems.

Refusal to supply gas to a residential building will lead to a violation of the established requirements for the suitability of residential premises for permanent residence, since with the onset of the autumn-winter period and

When a supplier acts illegally

There are cases when suppliers turn off gas supplies without good reason. There are rules that they must not ignore. The reasons are considered illegal if:

  • the subscriber has not made a payment, but also has no debt - this happens in cases where a person pays bills with a reserve;
  • after technical work that required turning off the resource in the entire house, no connection was made;
  • the period allotted for performing technical work has passed, but the work has not been carried out;
  • gas supply is turned off in the entire apartment building if only one of the residents has debt;
  • an adjustable home meter was not installed due to the fault of the supplier or due to the absence of the apartment owner;
  • the owner refused to carry out preventive work once or twice for valid reasons;
  • the equipment was recognized as not meeting technical standards, but the consumer does not agree with this and is going to challenge this fact in court.
Rating
( 2 ratings, average 4 out of 5 )
Did you like the article? Share with friends:
Для любых предложений по сайту: [email protected]