The reasons for the occurrence of debts for services provided by management companies can be considered for a long time. This is the ongoing economic crisis, loss of jobs by the population, declining wages, and low levels of pensions. Official statistics confirm the decline in living standards.
Another side of the emergence of a large number of defaulters is the inability of management companies to efficiently fulfill their responsibilities to the residents of the buildings they service.
Legality of shutting off sewerage to debtors
The Civil and Housing Codes require supplying organizations and management companies to go to court to collect debts. But judicial practice shows that it is not possible to collect the debt in all cases. The bailiff service does not always have mechanisms for guaranteed collection at its disposal. The reasons for this situation are the topic of separate articles.
At the same time, Government Decree No. 354 of May 6, 2011 “On the provision of utility services... in apartment buildings...” establishes what the supplier has the right to in order to legally force the defaulter to repay the debt.
Can the sewer system be turned off for non-payment without violating the right to reside in the apartment?
According to paragraph 117 of this document, management companies have the right to suspend the provision of services in cases where full payment has not been made, after warning the debtor. This same paragraph does not imply the existence of a court decision; it is enough to simply notify the owner living in the apartment.
They set restrictions or completely disable the service after the amount of accumulated debt exceeds two monthly tariffs.
Important! By incomplete payment, paragraph 118 means that the consumer has a debt for at least ONE service, if it exceeds 2 monthly payments.
Whether this is legal was checked by the Constitutional Court of the Russian Federation. In his explanations, he stated: “yes, it’s legal.”
For housing and communal services debts of 1,000 rubles they can now turn off gas, electricity and sewerage
Almost any service can be turned off - gas, electricity, hot water, sewerage. You cannot turn off only the heating, and in apartment buildings also the cold water (a private house can be left without water at all). If the provider of all services in the house is a management company, it will decide what to turn off. Therefore, you can owe money for water, but the electricity will be turned off, or vice versa. “There is government decree No. 354, according to which it is possible to suspend a utility service if there is a debt to pay for 1 service in an amount exceeding the sum of 2 monthly fees calculated based on the standard,” says Nadezhda Tarmaeva, legal adviser at the NP Housing and Communal Services Control. — How much is this in rubles? If a person lives alone in an apartment and local tariffs for electricity or water are low, then a two-month debt, for which your service can be turned off, can amount to 700-1000 rubles.”
Most often, utility workers cut off the electricity - it's simple and quick. An electrician comes, cuts off the wire in the access panel, insulates it and seals it. If a person connects without permission, he can be fined 10-15 thousand rubles. In Petropavlovsk-Kamchatsky alone, from January to September 2020, 17 thousand outages were made. Debtors in other cities and towns also know what it’s like to be left in the dark, without a TV or the ability to charge a mobile phone. Sometimes the gas is turned off, and less often the hot water, since in most houses this requires access to the apartment. Recently, deprivation of the opportunity to go to the toilet has been gaining popularity, since this also does not require entering the debtor’s home. The RVK-Voronezh water utility has already deprived the residents of two nine-story apartments on the street of sewerage. Lizyukov, each of whom owed 10 thousand rubles. And he plans to do the same with another 15 thousand citizens who have already received notifications. At the same time, the shutdown technologies are innovative: a device similar to a medical endoscope is lowered through the roof into a common sewer riser. An infrared camera transmits the image to the monitor, and the operator places the plug exactly on the defaulter’s drain. When the residents fully repay their debts and pay another 6 thousand rubles. for the work of the team, the plug will be removed only within 2 days.
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Procedure for limiting service consumption
The procedure for the management company or supply organization is determined by paragraph 119 of the Resolution, which came into force on January 1, 2020.
The following sequence of actions is defined:
- The service provider sends a warning to the owner (it can be issued as a notice) that if the debt is not repaid within the next 20 days from the date of receipt, the provision of the service will be limited in whole or in part. If it is not technically possible to partially restrict the service, the service will be completely disabled. Different delivery methods are provided: delivery in person with receipt of the debtor's signature, registered mail with notification of receipt, inclusion of a warning in payment receipts, telephone call, the contents of which are recorded, sending a letter by e-mail. All methods in which confirmation of receipt of a notification is possible will be legal;
- If the debtor exceeds the debt repayment period specified in the notification, the supplier imposes a restriction on the consumption of the service;
- After 10 days from the start of the restriction, the provision of the service, at the discretion of the supplier, is completely suspended.
Important! Without warning from the owner, no communication can be blocked. The fact that the use of services has been blocked is documented.
Installing sewer plugs allows debtors to restrict water drainage.
What to do after a sewer blockage? There is only one answer - pay. The example of one owner will serve as a warning to other residents. Practice shows a significant reduction in debts in such houses.
Important! After 2 days after payment of the debt, the blockage of the sewer system for the debtors must be eliminated.
Reimbursement
All costs incurred by the service provider or management company for installation and removal of limiting devices shall be reimbursed by the consumer.
Is it possible to shut off the sewerage system in a separate apartment?
There is a chance to defend your rights and restore the situation with water disposal. By the way, recovery after blocking is absolutely free, and any demands for cash payments are illegal. Going to court If the sewer system was blocked for debtors without appropriate notice or with other violations, you can challenge the decision of the utility company in court. In case of a successful outcome, you can count not only on the restoration of sewerage, but also on compensation for moral damage. The court will be on the side of the utility payer if he did not receive a warning about sewerage shutdown, or if the engineering systems do not comply with sanitary and epidemiological standards.
Methods of influencing debtors
Subparagraph “a” of paragraph 122 of the previously mentioned Resolution provides for the establishment of a ban:
- For damage to common property;
- Violation of the rights of other consumers using apartments in the same building and fulfilling their obligations to pay for the service in full. In other words, sewerage shutdowns for non-payment are carried out only for the defaulter;
- Violation of the suitability of premises for living, which are established by sanitary requirements.
For your information. Unsuitable living conditions include lack of heating and cold water supply. It is prohibited to disable these services in any case.
Options for suspending the provision of services
Any resident of an apartment building uses the services provided for in the contract:
- electricity supply;
- central heating system;
- gas supply;
- hot water supply:
- cold water;
- sewerage.
The power supply is usually turned off at the distribution panel, which is located on the landing. However, for a person who has skills in handling electrical equipment, restoring the functionality of electrical wiring will not be difficult, although it will be illegal. No one will guard the connection point around the clock.
Types of blocking devices
Sewer blockage "Sprut"
Equipment for the Sprut system
- Remote Control;
- Mounting pipes;
- Reel with cable;
- Plugs;
- Mounting probe.
The delivery set includes: a case with a control complex (monitor, battery, video cameras, control panel), 2 video cameras, a probe with an installation device, a working cable on a reel, sewer plugs. The maximum depth at which the equipment can be installed is 105 meters, if measured in floors - 35.
Terminator device
Terminator system and its composition
A special feature of the Terminator equipment is the ability to connect a video recorder to the device; it will provide control over the work of personnel. This will eliminate the corruption component. The recording will help verify whether the workers installed the plug or not, colluding with the debtor. The quality of preventive work can also be monitored, otherwise unscrupulous workers may report on the measures taken without completing them.
The passage diameter of the plug for the sewer pipe is only 60 mm. This allows you to carry out work on old sewer pipes with significant internal deposits, without first cleaning them. The diameter of the plugged pipes is from 60 to 150 mm.
Terminator system plugs and their design
The installation force of the plug on the spacer is 220 kg. Thus, if the blocking plug is installed correctly, it will not be possible to push it out by removing the toilet. A pneumatic mechanism is used for the installation process.
An important advantage of the Terminator is the use of a flexible hose, which will allow you to work in low attics. For different modifications, it is possible to equip it for installation depths of up to 100 m.
Device Sector
Equipment composition Sector
“Sector” is a reusable device that allows you to completely shut off the sewer. The types of plugs supplied with this system allow you to block drainage through sewer pipes with a diameter of 70 mm to 110 mm. Pipe material – plastic, cast iron. The cross-section of blocked pipes is from 30 to 110 mm. The seven inch monitor ensures convenient work.
The delivery set includes: control case (monitor, working and spare battery, control panel, video camera), cable, plugs, guide rod on the reel. In the maximum configuration, the installation depth is 75 m.
Kit sewer blocking system
Place plugs on the sewer pipe without using any turning devices.
The equipment may include polypropylene mounting rods or a flexible hose. The maximum configuration ensures operation at a pipe depth of up to 105 m.
The low price of the plugs is a distinctive feature of this equipment.
The angle of inclination of sewer outlets can be 45, 60 or 90 degrees.
The weight of the probe, control panel and video camera is only 7.5 kg.
A sewer pipe plug does not allow you to unblock the sewer without the use of special equipment.
Modern methods of forcing people to pay for utility services leave the consumer no choice. You will definitely have to pay. Legislators are on the side of service providers when it comes to timely payment.
Is it legal to shut off sewerage?
Some lawyers and attorneys who are approached by debtors regarding blocked sewer lines provide quite convincing legal evidence that plugs are illegal:
- due to a plug in the pipe, the apartment ceases to be suitable for habitation according to the norm of the 47th Resolution, and therefore the usable area of the entire house decreases;
- according to the norm of Article 36 of the Housing Code, the area of an apartment building can be reduced only with the consent of all co-owners of the common property, that is, based on the decision of the meeting;
- according to paragraph 118 of the above Rules, when limiting the supply of a service, the means of providing this service must be sealed, which is impossible in the case of sewerage.
However, the positions of the judges contradict such conclusions and the following arguments are given to justify the decisions:
- No one provides evidence that blocking the sewerage reduces the usable area of the apartment building, and this is, in principle, an unrealizable idea: not a single examination will give an opinion on this issue;
- Article 36 of the Housing Code is not taken into account, since there is no interference with the common property of the apartment building;
- the plug in the debtor's sewer system is the seal.
In addition, the judges are guided by Resolution 354: its 117th paragraph establishes that if a tenant has incurred a utility debt for more than 2 months, the RSO sends him a demand with a warning that the supply of services may be suspended.
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A month after the request is submitted, a notification is sent that the sewerage system will be closed in 20 days.
The appellate courts support this position of the federal courts, which indicates the legality of disconnecting the debtors' apartments from the sewer system.
Types of sewer blocking
Blocking occurs as follows: using special equipment
Through the central sewer riser (from the attic or technical floor), a special plug is connected to the outlet in the debtor’s apartment, the diameter of which is equal to the outlet.
Then the plug is inserted into the outlet, thereby blocking the drain from the apartment, and the central riser remains passable. As a result, the wastewater of only one apartment does not flow into the central riser and the residents are left without sewerage.
There are many types of equipment that are designed to perform this procedure, for example:
It can only be removed using the same equipment. At the same time, both employees of the RSO or management company, as well as hired specialists, can install plugs.
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What a letter of credit is and how it can help you purchase real estate, you will find out in our material at the link.
Shutting off sewerage for non-payment - how it happens
Important
And you can safely pick. [^] catta 02/15/2017 - 10:05 [ show ] 1 Status: Offline Yarila Registration: 05/08/13 Messages: 1218 Quote (fentesi @ 02/15/2017 - 09:35) I’ll insert my 5 cents. As the chairman, I can say their epic is pathological illiterate figures are trying to manage. This message was edited by catta - 02/15/2017 - 10:06 [^] Rational 02/15/2017 - 10:13 [ show ] 0 Status: Offline Veselchak Registration: 08/12/16 Messages: 126 A water utility car with the “Mole” system is driving around Odessa…. .a very effective method, the drain is blocked from the roof and money is immediately found to pay [^] fentesi 02/15/2017 - 10:20 [ show ] 0 Status: Offline Joker Registration: 05/28/12 Messages: 25 Quote (catta @ 02/15/2017 - 10 :05) Quote (fentesi @ 02/15/2017 - 09:35) I’ll insert my 5 kopecks. As chairman, I can say that their epically pathologically illiterate figures are trying to manage.
How do services resume after payment?
As soon as the Rules of Resolution 354 came into effect and RSO had the opportunity to influence debtors by turning off services, the total debt for utility bills began to decline sharply.
Which is predictable: living in an apartment without a toilet is uncomfortable!
According to the norm of paragraph 120 of the above Resolution, the supply of services must be restored a maximum of 2 days after:
- full repayment of utility debt;
- or signing a payment schedule (the debt is broken down by month).
This means that immediately after paying or signing the schedule, you need to write an application to the management company or RSO to renew the service (you need to write in two copies, register one and keep it with you). If after 2 days the plug is not removed, you can complain to the court or the prosecutor about the actions of the utility companies.
Important: neither the Resolution nor any other legal act obliges the debtor to pay for work on blocking and unblocking the sewer. If the RSO or management company issues an invoice for payment for such a procedure, you need to appeal this requirement to the prosecutor's office or in court.
Or on the website. It's fast and free!
Paying for utilities is the direct responsibility of Russian citizens. The law provides for liability for ignoring obligations. One type of sanctions is shutting off the sewer system for non-payment of utilities. Let us consider in detail in what cases this can happen and what the shutdown procedure looks like.
The Supreme Court banned the disconnection of utilities for debts
- disconnection of a utility service must be proportionate to the violation committed by the owner. For example, if the debt is only 300 rubles, then you cannot turn off the light because of this, because turning it off will deprive a person of the opportunity to live comfortably in the apartment;
- Disabling the service cannot go beyond the actions that are necessary to eliminate the violation of the law. In other words, disconnection is possible only when there are no other mechanisms of influence on the debtor. For example, a management organization must warn a person about the debt that has arisen and provide him with a deferment or installment plan to pay for utilities. Only after the possibilities for a “peaceful” solution to the situation have been exhausted can utilities be turned off;
- disconnecting a utility service should not pose a threat to the life and health of others. This means that shutting off a utility service cannot cause harm to persons who are not debtors. For example, a single mother with a child lives in an apartment. The owner of the apartment is the mother and she must pay for utilities. It often happens that when there is no money, debt arises. Turning off the water in this situation jeopardizes the child’s health, so turning off the water is impossible.
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"Let's turn off the lights!" - This is perhaps the most popular threat that apartment owners face. Management organizations, in pursuit of 100% collection of payments for housing and communal services, frighten residents by turning off water, gas, and electricity. Moreover, no one is going to find out why a person could not pay for utilities. Maybe due to illness? Or was your salary delayed? The management organization doesn't care about this. The Supreme Court stood up to protect the people.
Can utility workers turn off the sewer system?
Many citizens are interested in whether sewerage can be blocked for debts. The thing is that in the current version of Government Resolution No. 354 of 05/06/2011 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings,” the direct ban on disconnecting sewerage has been abolished. In this regard, management companies (MCs) that collect payments are now threatening defaulters with suspension of the resource supply.
The Federal Law of December 7, 2011 No. 416-FZ “On Water Supply and Sewage” states that the only way to influence malicious debtors and defaulters of housing and communal services is to limit or suspend sewerage and water supply.
At the same time, in search of an answer to the question of whether housing and communal services can turn off sewerage, it is worth considering that the above-mentioned resolution contains an important condition, according to which the suspension of any type of utility services should not:
- damage the common property of residents of an apartment building;
Therefore, if a consumer doubts whether the sewerage system in the house was legally turned off, you can go to court to stop interfering with the sanitary and technical condition of the apartment building equipment.
Disabling water drainage
Advice from lawyers:
1. Shutting off water supply for debts. Well, is this legal?
1.1. Good day to you. Do you mean they installed a plug for your drainage system? The management company has every right to do this. Good luck and all the best.
Did the answer help you?YesNo
1.2. Hello! In this case, it is legal if you were notified of this and given time to close this debt. In accordance with the legislation of the Russian Federation.
Did the answer help you?YesNo
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2. Is there any judicial practice in favor of housing and communal services when turning off water supply to subscribers?
2.1. Every practice is also in favor of housing and communal services on this issue.
Did the answer help you?YesNo
3. Is it legal to turn off sewerage for utility debts?
3.1. Yes, if the notification procedure is followed. The provision of sewerage services for which there is arrears has been suspended.
Did the answer help you?YesNo
4. My husband and I live in a new building, the house was put into operation in 2015. The management company hung a paper on the door about turning off the water drainage system and shutting off the sewerage system, on the basis that we were not paying for major repairs. No receipts for major repairs came, but the debt accumulated. What do we do now?
4.1. Apply the statute of limitations of three years Art. 196 of the Civil Code of the Russian Federation.
Did the answer help you?YesNo
5. Is it legal to turn off the water supply and sewerage system of a residential building NOT for non-payment, but at the personal whim of the owner of the networks (as a result of a conflict)
5.1. Dear Anna, no, it’s illegal, of course. However, words cannot be put to work here; in the end, this may only be your suspicion, and the real reason may, for example, be an emergency situation that is being eliminated. Therefore, first, file a complaint about the disconnection with the organization itself, and after receiving a response or not receiving it on time, contact the prosecutor’s office. The prosecutor's office quickly suppresses such actions). All the best.
Did the answer help you?YesNo
6. We are renovating the bathroom, we want to install taps and counters. Uk refused us, citing that we had a debt, but for sewerage. The court debt is written off from the account. They told me to pay, is it possible to demand that the drains be turned off?
6.1. Dear Tatyana, the Criminal Code is wrong. These legal relations are in no way determined by mutual execution by force of law: the Civil Code and the Housing Code of the Russian Federation.
Did the answer help you?YesNo
7. The water supply in the apartment was turned off due to debt on utility bills. Debt 1 month (November of the current year) Not notified in advance. Upon the fact of the shutdown, a note was posted on the door. Did employees of Zhilischnik housing cooperative have the right to take these actions?
7.1. Hello. No, these actions are illegal.
Did the answer help you?YesNo
7.2. Actions are illegal. File a complaint with Ms. ZHI and the prosecutor’s office, and pour out the sewage at the front door of the housing cooperative board.
Did the answer help you?YesNo
8. Should the management company, when turning off water drainage for debts, inform local authorities, SES and fire safety authorities about this?
8.1. Yes, I should. Guided by paragraphs. 8, paragraph 3 of Article 21 of the Federal Law of December 7, 2011 N 416-FZ (as amended on July 29, 2017) “On Water Supply and Water Disposal”, an organization providing cold water supply and (or) water disposal has the right to stop or limit water supply and (or) drainage, transportation of water and (or) wastewater, having previously notified the subscriber, local government bodies, the territorial body of the federal executive body exercising federal state sanitary and epidemiological supervision, as well as structural divisions of the territorial bodies of the federal executive body authorized to solving problems in the field of fire safety in the case of: the subscriber has arrears in payment under a water supply agreement, a sewerage agreement for two billing periods established by this agreement, or more.
Did the answer help you?YesNo
9. Please tell me, for how many years should I keep receipts for payment of housing and communal services, so that they could make any claims against me, including turning off the water supply? Thank you in advance.
9.1. Good day! The general limitation period established by Chapter 12 of the Civil Code is 3 years. In your case, if the resource supply organization or management company initiates the actions you described and also goes to court, they have 3 years to do so.
Did the answer help you?YesNo
10. Tomorrow the sewerage system must be turned off for non-payment. We can pay off the debt in a week. Can we delay the shutdown if we contact the administration today?
10.1. They can turn it off. To prevent this from happening, it is advisable to enter into an agreement to pay the debt in installments. You can submit such an application.
Did the answer help you?YesNo
10.2. Hello Olga! Yes, of course they can delay it. Contact us with a letter and ask for a postponement. In the letter, indicate payment terms.
Did the answer help you?YesNo
10.3. Can we delay the shutdown if we contact the administration today? Tomorrow the water supply must be turned off for non-payment. We can pay off the debt in a week. Can we delay the shutdown if we contact the administration today? They can, they can’t, we have to try, it won’t get worse.
Did the answer help you?YesNo
11. After disconnecting the sewerage service in my apartment, I was forced to pay the Management Company the entire amount of the debt (for 6-7 years). The debt arose due to the difference in payment for housing and communal services according to city tariffs (as I paid) and the figures issued by the Criminal Code. Is there a chance to challenge part of the amount in court and pay the debt only for the last 3 years? I am ready to use the services of a competent lawyer to draw up a statement of claim and support in court.
11.1. Good evening, Alla Vasilievna! If at least one payment was made during the last 3 years, then the limitation period begins from that moment. The court may also refuse to write off the debt if payments have been made.
Did the answer help you?YesNo
12. Shutting off the water supply with a financial split account? In one apartment, the financial and personal account is divided into 2 families. One part of housing and communal services (water) has been fully paid, the second has arrears with payment. Do they have the right to turn off water drainage (sewage), etc. in this case? On what grounds? If the financial/personal account is divided and one party has fully paid the debt. Thanks in advance if anyone can help!
12.1. If at least one of the consumers pays for the services in full, no one has the right to disconnect you. Complain to the prosecutor's office. Good luck to you.
Did the answer help you?YesNo
13. I have unfinished construction of a house. Agreement with water utility for water supply. There is no sewerage in this area. The water drainage from the house is carried out into a septic tank made of heat-resistant concrete on my site. Now, in the absence of a septic tank maintenance agreement, the water utility turns off the water supply without notice. It is not possible to conclude an agreement quickly, because There are about 4 thousand such facilities in the city. Is it legal to turn off the water supply in this case?
13.1. This is not directly regulated by law. It all depends on the conditions (and the wording of these conditions) of the contract you signed, in this case for water supply.
Did the answer help you?YesNo
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14. Is it legal to turn off the water drainage system in an apartment with two young children for debt? How to make an application to the housing and communal services for the resumption of sewerage so that it is satisfied. What articles of the law should be followed? Thank you.
14.1. Make a statement in simple written form, refer to the circumstances of the case and demand to connect this service.
Did the answer help you?YesNo
15. Debt for housing and communal services. how to pay debt in installments. And so that there would be no power outage or water supply?
15.1. Debt for housing and communal services. how to pay debt in installments. And so that there would be no power outage or water supply?
To do this, you need to contact the conflict commission of your management company with an application for an installment plan. If the decision is positive, an individual payment schedule will be drawn up.
Did the answer help you?YesNo
16. We have an apartment building in a housing complex outside the city, apartments with double-circuit boilers, an agreement has been concluded with the management company. There was a shutdown of the hot water supply; it’s already been a day, do we have the right to write an application for recalculation of tariffs for cold water supply and sewerage, the meters are installed, thank you.
16.1. By this standard - yes. for each hour of exceeding the permissible duration of a cold water supply interruption, calculated in total for the billing period in which the excess occurred, the amount of payment for utility services for such billing period is reduced by 0.15 percent of the fee determined for such billing period in accordance with Appendix N 2 to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354 (hereinafter referred to as the Rules), taking into account the provisions of section IS of the Rules
Did the answer help you?YesNo
17. There is a debt to the State Budgetary Institution of about 25 tr., The State Budgetary Institution sent a yellow paper about the limitation of water disposal, and the State Budgetary Institution has also previously disconnected the electricity. Persons without documents about disconnection. What to do in the current situation? How to force the State Budgetary Institution to return the amount for overpayment of water if meters are installed and the data has not been submitted for 2 years?
17.1. Good afternoon You need to write an official application for recalculation.
Did the answer help you?YesNo
17.2. Hello! You can be recalculated, but not more than six months in advance on the basis of Resolution 354.
Did the answer help you?YesNo
18. I have a large debt for housing and communal services, now I have received a notice about turning off the water supply on the 4th day. If I do not pay off the entire debt, which I am not able to do, please advise me what to do.
18.1. Hello! Try contacting the management company with an application to draw up an agreement to repay the debt in installments, perhaps they will accommodate you.
Did the answer help you?YesNo
19. From what documents can you find out everything with details on turning off electricity and water drainage for non-payment?
19.1. Hello! If an ordinary individual, then from PP No. 354 of 05/06/2011 “On the provision of utility services...”
Did the answer help you?YesNo
19.2. Decree of the Government of the Russian Federation No. 354.
Did the answer help you?YesNo
20. We need your advice regarding the unauthorized shutdown of our sewage system in a private house for two owners by neighbors, although this drainage system was originally provided for.
20.1. You need to go to court under Art. 304 Civil Code.
Did the answer help you?YesNo
20.2. Alexander, if your neighbors disconnect, write a complaint to the police.
Did the answer help you?YesNo
I have a debt on com. services. I asked for an installment plan since they pay a large amount every month.
I had a debt for my apartment, I went to the housing and communal services department and asked for an installment plan, but they refused me.
Paperwork, Vodokanal is threatened with shutdown due to lack of a project. Water disposal, which must be done in accordance with the Laws of the Russian Federation.
I live in an apartment building, family of 2 adults and 2 children, debt for cold water supply and sanitation for 5 months. I received a notice to disconnect from the water supply system.
I have rent arrears. Now I am paying the debt through the bailiffs.
We have a communal apartment, 4 rooms, hello. All. 3 have debts for housing and communal services.
Vodokanal sent me a warning about shutting off the sewerage system for the debts of the former owners, but my name is on the warning. What to do?
I work in a homeowners association, please tell me: residents need to be notified about turning off the water supply 30 days in advance and 3 days in advance,
Is it legal to turn off cold water supply and sewerage in case of non-payment by the consumer for more than 6 months?
We have a debt for an apartment of 20 thousand rubles. (we are the owners). Received today
The question is: does Vodokanal have the right to turn off the water supply? The apartment is in an apartment building, not privatized, there is a large debt on utility bills.
Sewer shutdown procedure
The management company cannot turn off the sewer system for a single failure to pay utility bills. In addition, she must warn the debtor about such an intention.
Restriction of water disposal without a court decision may be made no earlier than thirty days after delivery of a written warning, if the defaulter does not repay the debt before this time.
The notification must be given to the citizen against signature in person or by registered mail.
If the debtor does not take any action to pay the bills, the management company has the right to limit drainage by notifying the tenant three days in advance.
Since the legislation does not separately stipulate at what amount of debt the sewer plugs are installed, this allows the management company to determine the monetary value independently.
Sewer blocking procedure
Perhaps someone is interested in learning more about how sewers are blocked for debts. First of all, the specialist determines where the central drainage riser is located in the house. He inserts a plug into it and advances it to the problem apartment. After this, a special outlet is installed, with the help of which the problem area is cut off.
At the same time, the central riser remains open. This makes it possible to install a block that does not interfere with drainage from other rooms in the house, but isolates only the apartment whose residents have accumulated debts.
Many debtors would like to find out whether they have the right to put a cap on the sewer when they owe a debt on utility bills. If we look at the legal norms, it becomes clear that such a procedure is completely legal.
In this situation, an agreement is drawn up to limit water drainage by installing a plug. The management company may not even resort to legal proceedings, since this is not necessary. She has the right to put a cap on the sewer without a court decision.
What to do when the sewer system is blocked due to debts
When a plug is installed, this causes a partial or complete restriction of water drainage from an apartment or house.
There are quite a lot of plug designs:
- Steel;
- Plastic;
- Inflatable;
- Lattice.
And they are constantly being modernized, since violators very often try to remove the restrictor from the pipe themselves. Such an action has quite serious consequences. One of them is clogging of the sewer drain and flooding of other apartments. In addition, unauthorized removal of a plug is a jurisdictional matter, and judicial practice has quite a lot of cases related to this violation.
The only acceptable solution to this issue is to pay off debts. There is simply no other legal way.
If the plug was installed without warning, even malicious debtors have the right to file a counterclaim against the management company in court.
What to do if the drainage system is blocked
Any management company is ready to accommodate a citizen before suspending water supply if he intends to pay off the debt. For example, the parties may agree to pay the accumulated amount in stages by concluding a restructuring agreement.
If for some reason it was not possible to reach an agreement and the service has already been suspended, you need to know what to do if the sewer system is blocked for debt.
You should not remove the plug yourself using technical tools, as this can lead to flooding of your neighbors.
In addition, such actions can be qualified as an administrative offense, and sometimes even fall under the Criminal Code of the Russian Federation.
The only correct course of action in this case would be to pay off the debt.
conclusions
For debts to public utilities, the legislation provides for sanctions, for example, suspension of water disposal. For this purpose, a special plug is installed in the engineering systems, which, without harm to the central riser and other premises, blocks the exclusively problematic apartment. To restore water supply, the accumulated debt must be paid off.
Lawyer. Member of the Bar Association of St. Petersburg. More than 10 years of experience. Graduated from St. Petersburg State University. I specialize in civil, family, housing, and land law.
