Is it legal to refuse recalculation for water if I was absent for a long period in 2020?

Despite the fact that the calculation of payments for utility services is now carried out mainly by computerized systems (and this excludes the human factor), errors in receipts are still possible.

Therefore, it is important to monitor current tariffs and amounts in payments. If an error occurs in the direction of decreasing or increasing the utility bill, a recalculation is made.

This action is also carried out when a person does not live for a long time at his place of registration, when inaccurate metering data was provided, and for many other reasons. The easiest way to recalculate water is when meters are installed in the apartment, but you can do it without them .

Recalculation for hot water is carried out according to Resolution 354 of the Government of the Russian Federation, taking into account the latest changes in it. New data must be indicated on the receipt for the next month in a special “recalculation” column .

If the amount in the receipt for water supply has been reduced, the supplier of this important resource will make a new calculation himself, without waiting for the consumer to act. But if an unreasonably large amount is charged, it is in the interests of the consumer to resolve the issue himself. To do this, you need to write an application to the Management Company.

ATTENTION! Recalculation is the difference between the amount that was accrued and the one that actually needs to be paid.

Recalculation for water

Resolution No. 354 allows recalculation for cold, hot water and other resources. The recalculation procedure itself depends on whether the apartment has a meter or does not.

If there is a meter, there may be several reasons for recalculation.

  • When accounting indicators were submitted incorrectly. Supplier representatives may periodically check the performance of individual metering devices. Perhaps the owner submitted incorrect data to reduce the amount of utility payments, or simply wrote down the numbers incorrectly. Recalculation can increase the payment amount (while hiding the correct indicators) or reduce it.
  • Recalculations for water are also carried out when the consumer has violated the rules for connecting to networks. To confirm the fact of connection with violations, a special commission is created and a report is drawn up. According to this act, the consumer is charged the amount to be paid for the unaccounted resource. And then the connection should be eliminated.
  • In the case of an illegal connection to the water supply, it is sometimes difficult to determine how long the consumer has been using the resource. In this case, Resolution 354 requires payment to be calculated for three months and according to standard consumption rates.
  • The basis for recalculation is also interference with the operation of the meter, damage to the seal, or missed deadlines for checking the device. A new amount is calculated for the time when the filling was installed (but not more than three months).
  • The reason for the recalculation may be the low quality of the services provided, interruptions in the supply of hot water in this case, or its supply at a low temperature. A supplier who has violated its obligations must, under Article 157 of the Housing Code of the Russian Federation, pay a fine to the consumer.

The basis for recalculation may be different; in the situation, both suppliers and consumers are to blame.

All new connections to utilities and networks of the house should be carried out with the help of specialists from the Management Company (another housing and communal services organization) and with permission.

Calculation in case of failure to provide IPU testimony

In this case, the contractor, in accordance with subparagraph “g” of paragraph 31 of Rules 354, is obliged to accept IPU testimony from consumers. It should be noted that accepting the transferred testimony is the responsibility of the performer, but transferring the testimony of the IPU is right , not an obligation. At the same time, the contractor has the right to verify the accuracy of the information transmitted by the consumer about the readings of the IPU (subclause “d” of clause 32 of Rules 354) and even has the obligation to carry out such verification (subclause “b” of clause 82 of Rules 354), and the consumer, accordingly, has the obligation to admit the contractor to the occupied premises to take IPU readings, but not more than once every 3 months (subparagraph “g” of paragraph 34 of Rules 354).

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It should be noted that the responsibilities of the executor, in addition, include notification of the timing and procedure for taking IPU readings by consumers and transferring information to the executor. Such notification must be indicated at least once a quarter in payment documents (subparagraph “h” of paragraph 31 of Rules 354).

Features of the procedure

Recalculation of the incorrectly accrued amount for hot water can be carried out:

  • at the request of the consumer;
  • on the basis of an inspection report, inspection or on the basis of a protocol.

In the first case, the homeowner submits an application to the company responsible for supplying water. It is important that this application be registered; you can also attach documents such as a conclusion on the quality of the service, an inspection report.

An application from a consumer is considered for no more than 5 days, this is established by law.

A positive result of the review can be considered recalculation in favor of the consumer and reimbursement of overpaid money. They can simply be counted towards future payments for hot water supplies.

What to do if the water supply company refuses to recalculate. If the consumer is confident that he is right, he can calmly contact the prosecutor’s office, the court, or Rospotrebnadzor.

How to recalculate utility bills according to resolution 354

This action is absolutely free, so you will not lose anything, but you will gain new knowledge. But let's look at the situation with temperatures in more detail. Decree 354 tells us that the temperature in your apartment should not fall below 18 degrees Celsius, and in corner rooms it should stay at 20. In cold areas and areas (where the frost goes beyond 31 with a minus sign), we add to the above values another 2 degrees. Heating cannot be turned off for more than a month for a total annual calculation. And the maximum period per day without heating is 16 hours. But provided that during these 16 hours the temperature was below 12 degrees Celsius. An increase in temperature with proper heating operation is allowed up to 4 (although rarely does anyone complain about the heat in the apartment, but people are different, and this is not prohibited by law). A decrease of 3 heat units is acceptable, but only at night (this is the time from 12 at night to 5 in the morning).

  • invoices for payment for a hotel room or other similar place where the person lived (possibly an apartment rental agreement, etc.) and their copies with a certification mark;
  • an extract on temporary registration in another place of residence;
  • if the apartment is alarmed - a certificate from the security guards about when the apartment was alarmed and when it was removed;
  • a certificate from a boarding school, orphanage, or any educational institution with 24-hour stay;
  • a certificate from the consulate of another country or state confirming the fact of crossing their border and returning back to their homeland;
  • a certificate issued by the dacha community or partnership stating that they spent the entire period of time specified in the application at the dacha;
  • any other official document that can confirm the consumer’s words about his absence from the apartment.

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Incorrect counter data

Incorrect data on cold or hot water supply transmitted to the resource supplier is one of the most common reasons for recalculation. If the consumer notices an overpayment, he can contact the Management Company and request a recalculation . There is a certain procedure.

  • The consumer calls specialists from the heat and water supply company so that they record the exact readings of the metering devices and draw up a report on this matter.
  • Such a document is attached to the application. The service provider needs to record documents and transfer them to the billing department.
  • If everything is done correctly, recalculation receipts should arrive next month.

The main document for recalculation for hot water supply is Resolution No. 354 and the Rules approved by it (clause 61).

It is important that the meters themselves are in good working order and meet all requirements. Only in this case will their indicators be taken into account by the billing department of the supplier company.

Low quality of services

Hot water is expensive, the payment for it is a significant part of the amount in the receipt. Therefore, it is important that the accrual for this utility service is made correctly.

Not only the indicator of resource consumption is important, but also the quality of the water itself, its temperature (it must meet the standards).

If these requirements are not met, there is a compelling reason for recalculation. According to SanPiN standards, the water in the hot water pipes must have a temperature of at least 65 degrees, deviations during the day should not go beyond 3-5 degrees.

Perhaps the temperature is only slightly below normal, then the payment should be reduced by 0.1% for every 3 degrees.

IMPORTANT! If the water in the hot water pipes is below 40 degrees Celsius, it should be considered cold when calculating payments.

The consumer can control the quality of hot water supplies himself; in case of violation of the contract with the supplier and SanPiN standards, submit an application to the housing and communal services company servicing the house. Employees of this company are required to come to the applicant’s address within 2 hours after submitting the application and check his information .

An inspection report must be drawn up, one copy of which must be in the hands of the consumer.

Not all management companies will want to admit to the poor quality of their work. If an application about low water temperature in the hot water pipes was refused, no one came to check the information, you can invite your neighbors and draw up a joint report.

As a result, the management company will receive a significant fine from higher organizations. But a conscientious company will send its specialist, he will confirm the fact of cold temperature, this will become the basis for an application for recalculation.

In the application for recalculation, it is necessary to indicate in what period the service was provided of poor quality. Recalculation will allow you to return the amount that was unreasonably spent on paying for the service. But the money is not given to the consumer; it is credited to future utility bills.

Is there a recalculation of the Increasing Coefficient if the Testimony has not been transferred to IPU for a long time?

Consequences of non-admission (for the Consumer) of the Contractor on the agreed date and time to the residential premises occupied by the Consumer to check the condition of metering devices, the reliability of the information provided by Consumers about the readings of individual, common (apartment), room metering devices: The Contractor draws up an act of refusal of access to the device accounting. After 3 billing periods from the date of drawing up such an act, the Contractor has the right to calculate the CG based on the CG consumption standard, taking into account the number of permanent and temporary residents in the residential premises, as well as taking into account the increasing coefficient, starting from the 1st day of the month in which such the act has been drawn up. The value of the increasing coefficient is assumed to be 1.5 (clauses 84, 85 of Rules No. 354).

According to the Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (together with the “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings”) (hereinafter referred to as — Rules No. 354):

26 Jan 2020 etolaw 835

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Responsible persons

As a rule, the Management Company is responsible for the supply of water directly to the consumer, and consumers make mutual payments with it.

ATTENTION! Heat supply companies are responsible for the quality of hot water supply only up to the point of separation between the centralized and domestic systems.

Such information may be useful to those consumers who want to apply for recalculation and do not know who the person responsible for the service is.

The application must be submitted to the registration department of the Management Company. You can write an application in any form; there is no exact sample. But you must indicate to whom the complaint is being submitted, your own data, the reason and justification for the recalculation.

Recalculation of utility bills in case of temporary absence of tenants - in 2020

In some cases, there are no meters in the apartments of Russian citizens. For example, there is no physical possibility to install water meters. In these situations, the right to recalculate fees due to temporary absence will be relevant and useful.

In what cases is this possible?

If, before the resident’s departure, the utilities in his apartment were turned off and the necessary sealing of the shut-off valves was made, then upon the citizen’s return, the housing department checks the safety of the seals and recalculates the utility bill without providing documents confirming the absence (clause 96 of the Rules).

In modern, comfortable houses, residents are provided with all utilities: heating, gas, electricity and, of course, water, both cold and hot. Uninterrupted payment of bills should guarantee the delivery of services in full. Often the service is not of sufficient quality, which causes quite natural dissatisfaction among consumers. Most of the complaints relate to the non-compliance of the DHW temperature with SanPiN standards. In this article we will look at what to do if the hot water does not meet the standard and how to write a complaint.

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