Acts of delimitation of balance sheet and operational responsibility legislation. The act of delimitation of the balance sheet ownership of water supply networks

Understanding the boundaries of responsibility between RSO, UK and owners of residential premises in MKD important to avoid disputes. In judicial practice, there are frequent cases of disputes between the RSO and the Criminal Code regarding operational responsibility for certain sections of engineering networks, about which an agreement has not been reached.

In half of the administrative cases of this kind, the court takes the side of the RNO, in this case the Criminal Code suffers heavy losses. To avoid this and to be insured against unwanted conflicts, it is necessary to draw up an act of delimitation of responsibility.

Not all CGs are clearly defined in the legislation limits of operational responsibility and inextricably linked with it balance affiliation. Most definitely, these concepts are presented in clause 1 of the Rules for cold water supply and sanitation (Decree of the Government of the Russian Federation No. 644).

According to this document balance sheet boundary the boundary of the division of property is recognized. It, in turn, defines the boundary of operational responsibility, that is, it indicates who will bear the burden of maintaining the facility: the managing organization, RSO or owners. The same can be said about other communal resources.

The boundary of the operational responsibility of the RSO, if we are talking about power supply, runs to the point of connection of the common house metering device with the electrical network included in the MKD. Responsibility of the UK - house power supply system and electrical devices, disconnecting devices to the apartment. Residents are responsible for in-house devices and devices after disconnecting devices in floor boards, meters in apartments.

Responsibility for heat supply is distributed as follows: RSO is responsible up to the connection point common house metering device with a heating system included in the MKD. The management company is responsible for the risers of the heating system, which turn off the devices on the branches from the risers and for the shut-off and control valves on the intra-apartment wiring. The responsibility of the tenants begins again inside their dwelling, they are responsible for the heating devices and for the branches from the risers of the heating system after the shut-off and control valves.

The responsibility of the RSO, when it comes to water supply and sanitation, lasts until the point of connection of the common house meter with the water supply network included in the MKD. Management companies are required to monitor the condition of hot and cold water supply risers, disconnecting devices on branches from risers and shut-off and control valves on intra-apartment wiring. Owners of premises in MKD responsible for the branches from the risers of the hot and cold water supply system after the shut-off and control valves, for the shut-off and control valves themselves and for the plumbing equipment in the apartments.

In the resource supply agreement, the boundary of the balance sheet separates utility networks that are common house property (Article 36 of the Housing Code of the Russian Federation) from other engineering networks. Therefore, we recall that common house property(Decree of the Government of the Russian Federation No. 491, Article 36 of the RF LC):

• premises in the MKD that are not part of the apartments and are intended to serve more than one residential / non-residential premises in the house;
• house engineering systems cold and hot water supply, gas supply, heating and electricity supply.

The boundaries of operational responsibility can be external and internal. In the first case, they separate the areas of competence of the RNO and the MC (the outer border of the MKD wall), in the second, the MC and the owners (the inner border of the MKD wall).

External limits of operational responsibility

If we are talking about the outer boundary of the engineering networks that are part of the common property of the MKD, then the boundary of operational responsibility between the RSO and the UK will be the outer boundary of the wall of the house, and if there is a common house metering device for a certain communal resource, the junction of this common house metering device with the corresponding engineering network included in the MKD.

Separately, it is worth mentioning the external border of the gas supply networks included in composition of common property MKD. In this case, the boundary of operational responsibility between the RSO and UK is the junction of the first locking device with the external gas distribution network.

Often the boundary of operational responsibility does not run along the wall of the house. Then a fragment of the engineering network, located outside the outer wall, and, it would seem, formally related to the area of ​​responsibility of the RSO, falls into the zone of the management company that manages the MKD. Its content threatens with large losses, so you need to carefully approach the description of the boundary of operational responsibility in the delimitation of liability act.

The case when the boundary of operational responsibility passes through an external valve can be considered disputable. This happens if the external section of the engineering network is included in composition of common property. Then RSO carries out maintenance of this engineering network at the rate approved by the owners of the premises in the MKD. The duty of the Criminal Code is to offer such a tariff to the owners. Repairs, including emergency ones, are carried out at the expense of RSO.

How about with ownerless engineering networks? That is, with such networks that do not hang on the balance sheet of either the UK or the RSO and are not part of the common house property. Typically, such networks are transferred to municipal ownership. In turn, the local government body, within thirty days from the moment the ownerless engineering network is discovered, is obliged to determine the RSO, the engineering networks of which are connected with the ownerless one (clause 6 of article 15 No. 190-FZ).

The Federal Tariff Service will have to include the costs of maintaining such a network in the RNO tariffs for further regulation. Until this is done, energy losses in this disputed section of the network, as well as repair work, are carried out at the expense of the management company in proportion to actual consumption.

Internal operational boundaries

The boundary of operational responsibility between the management company and the owners, when it comes to the internal boundary of engineering networks included in composition of common property MKD are:

• for heating - a valve on the heating pipeline connections to the apartment radiator. If there are none, then the boundary passes through the threaded connection in the radiator plug.
• for cold and hot water supply - a valve at the outlet of the pipeline from the riser. If it is not available, the boundary is a welding seam at the pipeline outlet from the riser.
• for drainage - a socket of a shaped product (tee, cross, branch) on the riser of the drainage pipeline.
• for power supply - the place of connection of the outgoing wire of the apartment wiring to the plug of an individual electricity meter, circuit breaker, RCD.

The line of operational responsibility between UK and the owners (we are talking about the inner boundary of building structures that are part of the common property of an apartment building) are the inner surface of the walls of the apartment, window fillings and the entrance door to the apartment.

Enclosing load-bearing structures, the land plot (including playgrounds and playgrounds, collective parking lots) on which the house is located, stairwells, corridors, roofs and attics, as well as elevators are located in area of ​​operational responsibility UK.

Arbitrage practice

Perhaps the main argument in favor of the fact that it is important to discuss in detail the boundaries of operational responsibility in a resource supply agreement will be examples from judicial practice.

Managing organization filed a lawsuit to declare the terms of the energy supply agreements invalid and to transfer the heating networks to the area of ​​responsibility of the RSO. The court refused to satisfy the claims, since the Criminal Code agreed on the boundaries of the balance sheet, accepting the disputed section of the networks for its maintenance (Decree of May 23, 2012 in case N A63-9362 / 2011).

The court may make a different decision if the boundaries of the balance sheet in the act are indicated differently than on the outer wall apartment building or at the point of installation of the meter. In this case, the act of delimitation of the balance sheet ownership is invalid (Determination of the Supreme Arbitration Court of the Russian Federation of June 26, 2012 N 6421/12 in case N A14-11374 / 2010).

At the conclusion of the contract, disagreements arose between the parties regarding the limit of operational responsibility, since there was no act of delimitation of responsibility, the court decided to determine the limit of operational responsibility in accordance with Rules for the maintenance of common property(Resolution of the Arbitration Court of the Central District dated May 21, 2015 N F10-1143/2015 in case N A68-2267/2014).

And according to the Decree of the FAS UO dated February 28, 2011 No. Ф09-443 / 11-С5, in a similar situation of the absence of a conflict concluded between the parties delimitation of liability the court concluded that the boundary of operational responsibility should run along the boundary of the balance sheet, in other words, along the line of division of engineering networks between the owners.

If you have any questions, you can always contact us for advice. We also help management companies to comply 731 of the RF PP on the Information Disclosure Standard(filling the portal Housing reform, website of the management company, information stands) and Federal Law No. 209 (). We are always happy to help you!

The supply of any building with communal resources (water, electricity, heating, gas, etc.) is carried out for the provision of a monetary reward.

To clarify the scope of powers of each of the parties, an appropriate act is drawn up, the task of which is to resolve disputes between the operator and the supplier organization.

The act of delimitation of balance and operational responsibility - what is it?

The operation of offices, non-residential and residential premises, commercial and industrial buildings requires the timely provision of electricity, heating, water supply, gas, etc.

To this end, companies conclude relevant agreements under which subscribers receive the necessary utilities in return for the timely provision of the fee agreed by the parties.

In addition, subscribers must maintain the equipment in a technically sound condition. The contract is usually concluded between an organization (for example, a management company, an HOA, or a commercial enterprise) and a resource supply institution.

In the event of an accident on the line, two questions arise for users: who to contact for help, and who should repair the equipment?

In order to share responsibility under these contracts concluded with various resource-supplying institutions, it is necessary to determine the scope of their powers. This can be achieved by issuing appropriate acts of delineation of the operational responsibility of the parties.

The procedure for issuing a document

This act means a document drawn up in a simple written form between the organization supplying the resources and the consumer after connecting the necessary equipment. This act is signed to clarify the area of ​​competence of each of the parties.

The main obligation of the supplier company is to provide the resource in due quality in a timely manner. In turn, the subscriber must carry out repairs of installed equipment and maintenance both independently and with the help of contractors involved.

To draw up an appropriate act, you must:

1. prepare some documentation and send it to the supplier company (title documents for the building, building permits and putting the building into operation, etc.);
2. conclude an agreement on the provision of one or another resource;
3. sign the appropriate act defining the powers of the parties (the template is usually provided by the organization).

This document approves the layout of networks, and also indicates who is responsible for a particular branch. At least 3 copies of the act are issued. One remains with the subscriber, the second - with the supplier company, the third is transferred to the state body authorized to exercise control over the activities of the enterprise.

Differences between operating and balance sheet liabilities

In the latter case, we are talking about who actually owns the installed technical equipment.

Drawing up an act of delimitation of operational responsibility, with a sample of which it is possible to familiarize yourself, allows you to determine who is obliged to carry out repair work on the line and maintain it in good condition.

In other words, in the first case, engineering lines are divided on the basis of ownership, and in the second - on the burden of maintaining networks in good condition.

When signing an agreement on the supply of MKD resources, the outer walls of this multi-apartment building will be considered as the balance sheet. The scope of operational obligations is determined by the decision of the parties.

They either coincide with the above, or are determined by a written agreement between the participants in the transaction, or are combined with the place where the common house equipment is connected to the main line.

What do standard acts of delimitation of balance sheet and operational responsibility of the parties contain?

Both types of document must be in simple written form and contain the following information:

• personal data of the parties to the transaction (name of the enterprise and full name of its representative, passport data of a citizen);
• a list of points of connection of technical equipment to a common engineering line;
• description of the boundaries of the powers of each of the parties with a schematic designation in the document;
• other information necessary to disclose the scope of certain powers.

You can get acquainted with the website.

The act of delimiting the operational responsibility of water supply networks

The boundary line in this case can be building structures located inside the walls of the building. These restrictions are indicated in the relevant act schematically in different colors.

At the same time, the boundary of responsibility of the institution providing the necessary resource, and the scope of the operator's powers, are singled out.

The act of delimitation of the operational responsibility of electrical networks

When drawing up this act and delimiting the powers of each of the parties, it is necessary to refer to Article 539 of the Civil Code of the Russian Federation, which regulates the execution of any energy supply contracts.

A deal can only be concluded if the operator has properly functioning equipment connected to common engineering lines.

What is the limit of operational responsibility? For the operation of any institutions, contracts for water, heat and energy supply are concluded. The terms of these contracts are such that subscribers receive a service for a fee, and therefore are required to maintain all networks in good condition. Where is the line of operational responsibility?

What is regulated

Since there is often a misunderstanding between the resource supplying organizations and the management companies regarding operational responsibility, a government decree was therefore adopted. For example, in paragraph 1 of the Rules for water disposal and water supply of the same resolution, all concepts of the boundaries of operational responsibility are spelled out as clearly as possible.

According to the document, this boundary is the property division boundary. What does it mean? The property division boundary becomes the basis for determining the operational responsibility boundary, that is, using this method, it is possible to determine who will bear the burden of maintaining the facility: the owners, the management company or the resource supplying organizations. This rule applies to all utilities.

Let's consider each in more detail.

Power supply

If we talk about power supply, then the boundary of operational responsibility and balance responsibility of the RSO passes until the connection point of the common house metering device is connected to the power grid included in the multi-storey building.

It turns out that the responsibility of the management company is the intra-house supply system and electrical devices that turn off the devices to the apartment.

Residents of apartment buildings also have their own responsibility - these are in-house appliances and devices after disconnecting devices in meters, floor accounts and apartments.

Heat supply

In order to determine the boundary of operational responsibility and balance responsibility, the following principles must be observed: resource-supplying organizations are responsible for the heating network until the junction point of the common house appliance and the heating network entering the house arrives. The management company, in turn, is responsible for the disconnecting devices on the branch of the risers, directly the risers of the heating system, as well as for the shut-off and control valves, which are located on the intra-apartment wiring.

As for the residents, the boundary of the operational responsibility of heating networks begins inside the apartment. They are responsible for the branches of the risers of the heating system after the locking and regulating frame and heaters.

Water supply

What is the limit of operational responsibility of water supply networks? In this case, the RSO is responsible up to the junction of the common house metering device and the water supply network, which is included in the apartment building. The management company needs to monitor the condition of the risers of cold and hot water supply, disconnecting devices on the sleeves, as well as the condition of the locking and regulating frame of the internal wiring itself.

Important nuance

In the agreement (act) of the boundaries of balance and operational responsibility, as a rule, engineering networks related to common house property and other engineering networks are separated. For this reason, it is important to understand what relates directly to common property:

1. Rooms in an apartment building that are not considered part of the apartments. They must be designed for more than one room. It doesn't matter if it's residential or not.
2. Engineering systems of gas supply, cold and hot water supply, power supply and heating inside the MKD.

The boundaries of the operational responsibility of water supply networks or any other are divided into internal and external. The latter divide the spheres of authority of the management company and the resource-providing organization. Internal boundaries regulate issues between the owners and the management company. Let's talk about this topic in more detail.

Outer Boundaries

When we talk about a situation in which the external boundaries of engineering networks that are part of the property of a multi-storey building are affected, then, according to the law, the boundary of the division of operational responsibility between the management company and the resource-providing organization will be the outer wall of the building. If the house has a common house metering device for any resource, then such a boundary will be the junction of the sensor and the utility network, which is included in the apartment building.

Quite often, the border of the operational responsibility of the parties does not follow the standard plan. In such a situation, the part of the engineering network that is outside the outer wall of the house becomes the responsible area of ​​the house management company, although it should fall under the responsibility of the resource supply organization. How will the issue be resolved in this case? After all, the content of the fragment will be accompanied by large losses. For this reason, when signing the act of separation of responsibility, you need to read it very carefully.

Another controversial situation is the moment when the boundary of responsibility passes through an external valve. This happens if the external section of the engineering network belongs to the property of a multi-storey building. In this case, RSO technically services the network at the rate approved for the owners of an apartment building. Then the responsibility of the management company is to offer an acceptable rate for the owners. Any types of repairs, especially emergency ones, are carried out at the expense of the resource supplying organization.

Separately about gas

It is worth saying a few words about the outer boundary of the balance sheet ownership and operational responsibility of the gas pipeline. In all other resources, the boundary is in one place, but not in the case of gas supply networks. In such a situation, the very boundary between the managing company and the resource supplying organization is located at the junction of the first locking device with the external gas network.

Regulatory document

To avoid problems with the definition of the boundaries of responsibility, all parties sign an act of boundaries of balance sheet and operational responsibility. The document indicates the layout of networks and the area of ​​responsibility of each of the parties.

The correct coordination of boundaries is of particular importance, because if it is done incorrectly, then fabulous sums will be spent on building maintenance. For example, as evidence in cases for the recovery of debts for payment of electricity that was lost during transmission, can only be used if certain circumstances are established:

1. The fact of the flow of energy through electrical networks.
2. Ownership of power grid facilities and boundaries of balance sheet ownership.
3. Ways of fixing the volumes of energy both at the exit and at the entrance.
4. The amount of electricity that has come out of the grid.
5. The amount of energy that entered the network.
6. The difference between the two values, which is the lost value.
7. Payment debts. It is calculated as the difference between the payment for electricity made and the energy lost.

Ownerless networks

How to establish a boundary/delimitation of operational responsibility if engineering networks do not belong to anyone? How does it happen? And it's very simple: such networks do not appear on the balance sheet of the North Ossetia, nor on the balance sheet of the management companies. In addition, they are not included in the common house property. As a rule, these networks are transferred to municipal ownership. In this case, local governments must find a resource supply company within a month, whose networks are connected to a nobody's network.

After that, the federal service will include the cost of maintaining the network in the RNO tariff fork for further management. If for some reason this was not done, then all costs are borne by the management company. And this includes both the loss of electricity and repairs on the site.

Internal borders

The boundaries of the operational responsibility of a drainage system or another network, in addition to external ones, can also be internal. These boundaries are drawn between the owners and the management company. So, the definition of the internal boundaries of operational responsibility should be carried out according to the law. And the last one says:

1. The boundary is determined by the valves on the heating pipeline connections to the radiator in the apartment. If there is nothing like this, then the section goes along the threaded connection of the radiator plug. This applies to the heating network.
2. For hot and cold water supply, the boundary will be a valve at the place where the pipeline is removed from the riser. If it is absent, then the welding seam in the same place will become such a place.
3. In the drainage system, the boundary passes through a cross, a tee or a branch on the pipeline riser.
4. As for the power supply, the boundary in this case is the junction of the wire extending from the apartment with the electricity meter, RCD, and circuit breaker.

The boundary of the operational responsibility of the owner and the management company is the inner surface of the apartment walls, front door and windows. All enclosing load-bearing structures, collective parking lots, playgrounds and other land plots located near the house, corridors, landings, attics, roofs and elevators belong to the responsible area of ​​the managing company.

Arbitrage practice

It has already been said above that it is important to correctly draw up an act of the boundaries of operational responsibility. The importance of this is illustrated by an example from judicial practice.

Once the management company filed a lawsuit in which there was a request to invalidate the terms of the energy supply agreement. The management company also wanted the heating networks to be transferred to the area of ​​responsibility of the resource supplying organization. The court, on the basis of normative acts and the act of borders, dismissed the claim. The reason for this was the content of the contract, in which the management company took over the section of the networks that took place during the proceedings.

But it doesn't always happen that way. The court often applies other solutions, especially if the boundaries of the balance sheet in the act itself are marked differently than on the outer wall of the MKD or at the place where the meter is installed. In such a situation, the act of balance ownership is not valid.

If the parties do not draw up an act of delimitation of liability, then, as a rule, the court decides to draw the boundary of operational liability along the balance boundary. Simply put, the boundary in this case passes along the line of separation of engineering networks.

Drawing up an act

If this agreement establishes areas of operational responsibility, this does not mean that after the expiration of the document, it is impossible to change those same areas according to the objections of the parties. To do this, you will need to create a new document. As a rule, this is done by the company supplying something.

If the resource supply company does not show initiative, then certain documents are sent to its address:

1. Extract from EGRIN (Unified Register of Real Estate). It is needed in order to confirm ownership rights.
2. A copy of the building permit. It must comply with Article 51 of the Town Planning Code of our country.
3. A copy of the act of introduction into use. It must also be issued in accordance with the requirements of the Town Planning Code (Article 55).

After the package of documents is sent, the management company will receive an act of delineation of operational and balance responsibility.

The document must contain the following information:

1. The name and details of the paper.
2. The main part contains the details of the recipient, supplier, technical characteristics and location of the object, the communication scheme.
3. The last part defines the obligations of the parties. It is necessary to take this issue seriously and clearly distinguish between responsibilities in order to avoid disputes in the future.

It is important to remember that the document does not have a specific form, it just needs to list all the main points. Also, no special form is needed.

The document is always made in triplicate. One is received by the consumer, the second - by the controlling organization, the third - by the supplier. Although formally the three parties share the boundaries of responsibility, the document is signed only by the management company and the resource supply organization.

What is the meaning of the agreement?

The boundary of the balance sheet divides not only the property of the house, but also everything else. This is determined by the Housing Code, as well as the fact that Article 36 defines the common property of the tenants of an apartment building.

After signing the relevant act, each party understands which site belongs to it, as well as who will repair it in case of damage. If for some reason the limit of liability has not been determined, then it will be carried out in accordance with the balance sheet. By the way, the latter is always installed on the outer wall of the building. Here is the main difference from operational responsibility, the latter can:

1. Coincide with the boundary of the balance sheet.
2. Determined by agreement between the supplier and the consumer.
3. Pass at the junction of the metering device and the network of an apartment building.

Why is the deed signed? Yes, everything is simple: it is necessary to legislate the boundaries that indicate the duties of each party.

Sometimes the act does not help, because one side begins to unreasonably shift the boundaries towards expanding the range of responsibilities of the other side. In this case, the definition of boundaries occurs in court.

What the law says

The conclusion of contracts is regulated by law. In particular, energy supply contracts are regulated by the Civil Code of our country. Article 539 of the Civil Code (Urban Planning Code) stipulates the following limits of operational responsibility:

1. The obligation of the resource supplying organization to supply energy to consumers.
2. The obligation of the consumer to immediately pay for energy, comply with the consumption regime, ensure the safety of the use of networks and their serviceability.

In addition, the receiving party must have:

1. Connecting to the networks of a resource-providing company.
2. A device for receiving energy.
3. Energy metering devices.
4. Other necessary equipment.

It turns out that the law gave more obligations to the recipient of resources than to the supplier. For this reason, the document on the delimitation of operational responsibility allows you to remove unnecessary costs and work from the addressee.

Basic concepts

The article dealt with the boundaries of operational and balance ownership, but the concepts of these terms were not given.

The boundary of the balance sheet is the line of dividing the elements of sewerage systems, water supply and structures on them between the owners according to the proprietary principle, operational management and economic management.

It turns out that the act of delimitation of the balance sheet ownership of electrical networks is a document that is drawn up during the technological connection of power plants of legal entities and individuals to power grids, which determines the boundaries of the balance sheet ownership.

The line of division of sections of sewage systems, water supply and other engineering networks is called the boundary of operational responsibility, according to the principle of responsibility for the use of elements of engineering systems, which is established by the act of division of responsibility. We repeat that if there is no document, then the border is set according to the balance sheet. By the way, with regard to power supply, this rule does not work there. In the Letter of the FTS of Russia dated 2005, it is said that the supplied thermal energy is already considered thermal energy, on the border of balance and operational responsibility.

The act of separation of responsibility of the parties is a document that is drawn up by the consumer and the network organization for the transmission of the power grid at the junction of the energy-receiving devices. They also define the boundaries of the responsibility of the parties for the use of certain power-receiving devices and power grid facilities.

Conclusion

As you can see, the issue must be approached very responsibly by all parties. If this is not done, then problems will inevitably arise over time, because it is not documented anywhere who is responsible for what. These moments concern not only the management company and the resource-providing organization, but also homeowners.

Often it is the owners who inflate conflicts without understanding and not knowing the laws. Because of this, there are courts that do not so often end in the victory of the plaintiff. And you just need to study the regulatory framework and correctly understand the boundaries of the operational responsibility of electrical networks. Do not inflate the problem without understanding its cause. And it is even better to always conclude an act of delimitation of the above-mentioned responsibility, and then there will be no problems.

How to determine the boundaries of balance sheet ownership and operational responsibility in a resource supply agreement? Is it possible to change them against the will of the RSO, if the relevant acts were previously signed by the subscriber?

Executors of utility services from different regions of the country apply to our company for legal assistance in case of disputes with RSO in the process of concluding and executing contracts. Most of the disputes arise regarding the definition of the points of supply of the corresponding resource and the boundaries of operational responsibility under the contract. In order to reduce losses on the networks, the RSO seek to establish a point of delivery as far as possible from the end consumer, which is absolutely unprofitable for the other party to the contract, since in addition to losses, the manager of the MKD also has the burden of maintaining such engineering networks.

Using the accumulated experience in such cases, we will consider a way to legally determine the points of delivery and the boundaries of the operational responsibility of the parties. Thanks to a recent ruling by the RF Armed Forces, this has also become possible with respect to already concluded agreements.

Concepts and regulation

The concepts of delivery points, as well as the boundaries of balance sheet ownership and operational responsibility are presented in legislative acts that regulate the procedure for supplying the corresponding resource:

• in the Rules for the organization of heat supply (approved by Decree of the Government of the Russian Federation of 08.08.2012 No. 808);
• in the Rules for hot water supply (approved by Decree of the Government of the Russian Federation of July 29, 2013 No. 642);
• in the Rules for cold water supply and sanitation (approved by Decree of the Government of the Russian Federation of July 29, 2013 No. 644);
• in the Rules for the supply of gas to meet the domestic needs of citizens (approved by Decree of the Government of the Russian Federation of July 21, 2008 No. 549);
• in the Basic Provisions for the Functioning of Retail Electricity Markets (approved by Decree of the Government of the Russian Federation of 04.05.2012 No. 442).

Despite the fact that in the listed legislative acts the concepts of the point of delivery and the boundaries of balance sheet ownership and operational responsibility differ, their essence still boils down to the following.

Delivery point- the place of fulfillment of the obligations of the RSO, which is located at the place of installation of the GTC, and in its absence - at the border of the balance sheet.

Balance sheet property boundary- the boundary of the division of networks on the basis of ownership.

Limit of operational responsibility- the boundary of the division of networks on the basis of the imposition of the burden of maintenance, which runs along the boundary of the balance sheet, unless otherwise agreed by the parties to the contract.

Change of boundaries with the consent of the owners

The provisions of the Housing Code of the Russian Federation, the Rules for the Provision of Public Services, as well as the Rules for the Maintenance of Common Property regulate the relationship under a resource supply agreement, since it is concluded by the contractor of public services with the RSO in order to provide public services to citizens. In accordance with the Housing Code of the Russian Federation, under an MKD management agreement, the contractor is responsible to the owners for the maintenance of common property in the house.

The composition of the common property of the owners of premises in the MKD includes, among other things, engineering communications located inside the house (paragraphs 5 - 7 of the Rules for the maintenance of common property) or outside it on a land plot that is part of the common property in the MKD (paragraphs "g" 2 of the Rules for the maintenance of common property), and intended for servicing this house.

In accordance with paragraph 7 of the Rules for the maintenance of common property, the OPU is established at the border of the networks that are part of the common property of the owners of premises in the MKD, and refers to the common property.

According to paragraph 8 of the Rules for the Maintenance of Common Property, the outer boundary of the networks that are part of the common property is the outer boundary of the wall of the MKD, and the boundary of operational responsibility, if there is an OPU of the corresponding communal resource, is the junction of the meter with the corresponding engineering network of the MKD. By agreement of the owners of the premises with the utility service provider or RSO, a different limit of operational responsibility may be established.

Therefore, the boundary of the balance sheet is the outer boundary of the wall of the MKD or the boundary of the land plot in the case when the boundaries of the plot are determined on the basis of state cadastral registration data and when the engineering networks located within the boundaries of this land plot serve only one house. The boundary of the balance sheet at the same time is the boundary of operational responsibility, unless the owners of the premises have established a different boundary.

The place of installation of the OPU is the boundary of the networks that are part of the common property in the MKD.

There are differences regarding the outer border of the gas supply networks: this is the junction of the first locking device with the external gas distribution network.

Thus, the RCO can change the boundaries of operational responsibility only by agreement with the owners of premises in the MKD, who have signed acts of delimitation of operational responsibility with boundaries that go beyond the limits of the balance sheet (or have made this decision).

Acts of demarcation

The boundaries of operational responsibility and balance sheet ownership are established by the parties at the conclusion of the contract and determine which sections of the engineering equipment will be serviced by the utility service provider. We recommend that contractors, in order to avoid disputes in the process of executing the contract with the RNO, sign these acts at the stage of concluding the contract. In doing so, the following must be taken into account.

Acts of delimitation of balance sheet ownership and operational responsibility are signed by the parties in the process of technological connection of consumer networks to RNO networks, they can also be signed (in the absence of previously drawn up acts) in the process of concluding an agreement with RSO.

In accordance with Decree of the Government of the Russian Federation of August 13, 2006 No. 491, LSGs must determine the boundaries of the land plot related to the common property of the house for each MKD. The boundaries of the land plot, which is part of the common property in the MKD, determine the boundaries of the balance sheet ownership and operational responsibility, which should be recorded in the relevant acts with the RSO. Therefore, if the boundaries of the land plot are larger than the area of ​​the MKD, the maintenance of utilities passing through this land plot is assigned to the management company on the basis of a management agreement.

If the state cadastral registration has not been carried out in relation to the land plot, the boundary of the balance belonging of the networks is the outer wall of the MKD.

Ownerless networks

Quite often, engineering networks are not included in the area of ​​responsibility of any party to the resource supply agreement, that is, they are ownerless. Who is responsible for maintaining these networks and paying for the loss of utility resources in them?

According to the current legislation, if the network section between the MKD networks and the RNO networks is ownerless, when setting the tariff for the RSO, the costs of maintaining, repairing and operating this section of the networks are taken into account. This is what it says:

• in the Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply” (part 4, article 8, part 5, 6, article 15);
• in the Federal Law of December 7, 2011 No. 416-FZ “On Water Supply and Sanitation” (parts 5, 6, article 8);
• in the Federal Law of March 26, 2003 No. 35-FZ “On the Electric Power Industry” (part 4 of article 28).

It is illegal to impose on consumers and utility service providers the loss of utility resources in ownerless sections of networks. Such a conclusion regarding power losses was made in the Decision of the Supreme Arbitration Court of the Russian Federation dated October 28, 2013 No. VAC-10864/13.

We set the boundaries of engineering networks according to the law

When concluding an agreement with RSO

The ideal option for the MKD manager is to establish the legal boundaries of operational responsibility when concluding an agreement with the RSO. But how can this be achieved if the RNO insists on other lines of responsibility? The manager should not be in a hurry to sign the operational responsibility delimitation acts on illegal terms.

In accordance with civil law, a contract is considered concluded if an agreement is reached between the parties on all the essential terms of the contract. The legislator also referred the condition on the boundary of operational responsibility to the essential conditions of the energy supply agreement. This condition is agreed by the parties by signing the act of delimitation of operational responsibility.

Therefore, if the RSO proposes to conclude an agreement with an act of delimitation of operational responsibility, in which the boundaries go beyond the common property of the owners of premises in the MKD, it is necessary to sign such an agreement with a protocol of disagreements regarding the boundaries of responsibility. In the protocol of disagreements, it is necessary to indicate the condition on the boundaries of operational responsibility with reference to clause 8 of the Rules for the maintenance of common property: the boundary of operational responsibility runs along the outer boundary of the wall of the MKD (the boundary of the land plot that is in common shared ownership of the owners of the premises in the house).

When considering disputes on the settlement of disagreements when concluding energy supply contracts, the courts approve such contracts in relation to the conditions on the boundaries of operational responsibility. Examples from practice are the decisions of the Supreme Court of the Supreme Military District of November 19, 2015 in case No. A29-10092 / 2014, the AC of the ZSO of November 9, 2015 in the case No. A75-1441 / 2015, the AC of the SKO of December 11, 2015 in the case No. A25-953 / 2014 .

If the network boundaries are not agreed upon in the agreement with the RSO

If the parties did not apply to the court for settlement of disagreements when concluding the resource supply agreement and the protocol of disagreements remained unsigned by the RSO, in the event of disputes over the volume of supplied resources and the limits of responsibility, the contract will not be recognized by the court as not concluded, since the condition on the limits of operational responsibility can be regulated by law.

In Resolution No. 3409/10 of September 7, 2010 of the Presidium of the Supreme Arbitration Court of the Russian Federation, the court came to the conclusion that the absence of an act of delimitation of balance sheet ownership agreed by the parties cannot indicate that the parties have not concluded an agreement. In the absence of an act of delimitation of the operational responsibility of the parties, the boundary of operational responsibility is established by the balance sheet, and the latter is determined by the property.

If the network boundaries are established in the agreement with the RSO not according to the law

As a rule, the contract is concluded for a certain period and is considered prolonged on the same terms, if neither of the parties declares within a certain period of time its intention to conclude the contract on new terms.

In the manner prescribed by the resource supply agreement, the utility service provider has the right to declare the termination of the agreement and the conclusion of a new agreement on different conditions. In the new treaty, he will be able to achieve agreement on the boundaries in the wording he proposed (if necessary, in court).

Recognition by the court of the terms of the agreement on the establishment of network boundaries as null and void

Now let's consider the option when, when concluding an agreement with the RSO, in the acts of delimitation of balance sheet ownership and operational responsibility, boundaries were agreed that go beyond the common property of the owners of premises in the MKD, and in the process of executing the agreement, the parties had a dispute about paying for heat losses.

By the decision of the Supreme Court of the Russian Federation dated December 21, 2015 in case No. 305-ES15-11564, the case was sent for a new trial to the court of first instance with recommendations to establish whether there was an expression of will of the owners of the premises in the MKD to transfer the boundary of the balance sheet ownership beyond the outer border of the MKD wall and change the composition common property.

In a new consideration of the case, the court of first instance found a contradiction between the act of delimiting balance sheet ownership and operational responsibility and imperative rules of law, as well as the absence of a decision by the owners to classify the disputed section of engineering networks as common property. The agreement with the RSO regarding the delimitation of operational responsibility was declared null and void, the RSO was denied the recovery of losses from the Management Company in the disputed section of the networks.

Arbitration courts, when considering such disputes, already use this definition of the Supreme Court and make decisions on imposing on the RSO the burden of maintaining and maintaining engineering networks outside the common property of the owners of premises in the MKD, as well as the obligation to pay for losses on such networks. For example, in the decisions of the Eleventh Arbitration Court of Appeal dated April 20, 2016 in case No. A72-9399 / 2015, the Fifteenth Arbitration Court of Appeal dated April 5, 2016 in case No. A53-23569 / 2014, the decision of the Arbitration Court of the Ulyanovsk Region dated January 27, 2016 in case No. A72-9399/2015, when adopting judicial acts, the arbitrators referred to the above-mentioned definition of the Supreme Court of the Russian Federation.

The points of supply of communal resources (regardless of the presence or absence of a PPU) must be located on the border of the balance sheet, which runs along the border of the common property of the owners of the premises in the MKD.

The boundary of operational responsibility runs along the boundary of the balance sheet, unless a different boundary is agreed by the parties to the resource supply agreement in the relevant act and if there is no decision of the owners to move the boundary.

The easiest way to agree on the boundaries of engineering networks is in the process of concluding an agreement, including in court.

The terms of the concluded agreement and the signed acts of delimitation, which contradict the rules binding on the parties to the resource supply agreement, are void in the absence of a decision by the owners of the premises in the MKD to establish other boundaries of the common property in the MKD.

Issued on the claim of the heat supply organization to the management company for the recovery of losses in the network section from the place of installation of the control point (the point of entry of the pipeline into the MKD) to the boundary of the balance sheet, defined in the act of demarcation as the point of output (tie-in) of the pipeline with heat carrier from the central heating station.

In order to reduce losses on the grids, the RSO seeks to establish a delivery point as far as possible from the end consumer, which is absolutely unprofitable for the other party to the contract. This article will consider a way to legally determine the points of delivery and the boundaries of the operational responsibility of the parties.

Concepts and normative regulation.

To begin with, let's define what is the point of delivery and the boundary of operational responsibility for each type of resource in accordance with the current legislation.

The most complete picture of these categories can be formed on the basis of legislative acts regulating the procedure for the supply of electrical energy. Thus, the definition of the point of supply is contained in the Rules of the electric power industry, approved by Decree of the Government of the Russian Federation dated August 31, 2006 No. 530. This is a place in the electrical network, located on the border of the balance sheet of power receiving devices of the buyer of electric energy or the person in whose interests he acquires it, and is the place fulfillment of the obligation to supply electricity, used to determine the volume of mutual obligations of retail market entities.

As can be seen from this definition, the point of supply is located on the border of the balance sheet, which, in accordance with the Rules for access to services for the transmission of electrical energy, approved by Decree of the Government of the Russian Federation of December 27, 2004 No. 861, is the line of division of electric power facilities between owners on the basis of ownership or possession on another law provided for by federal laws, which determines the boundary of operational responsibility between the grid organization and the consumer of services for its transmission (the consumer of electrical energy in whose interests an agreement on the provision of services for the transmission of electrical energy is concluded) for the condition and maintenance of electrical installations.

The boundaries of the balance affiliation are determined by the act of delimitation of the balance affiliation of electric networks - a document drawn up in the process of technological connection of power receiving devices of individuals and legal entities to electric networks.

The boundaries of the responsibility of the parties for the operation of the relevant power receivers and power grid facilities are established by the act of delimiting the operational responsibility of the parties, drawn up by the grid organization and the consumer of electric power transmission services in the process of technological connection of power receivers.

The Rules for the use of public water supply and sewerage systems, approved by Decree of the Government of the Russian Federation of February 12, 1999 No. 167, also contain the concepts of balance sheet ownership and operational responsibility. In particular, the line of division of elements of water supply and (or) sewerage systems and structures on them between owners on the basis of ownership, economic management or operational management is called the boundary of the balance sheet. The line of division of elements of water supply and (or) sewerage systems (water supply and sewer networks and structures on them) on the basis of duties (responsibility) for the operation of elements of water supply and (or) sewerage systems, established by agreement of the parties, is recognized as the boundary of operational responsibility. In the absence of such an agreement, the boundary of operational responsibility is determined by the boundary of the balance sheet.

In paragraph 5 of Art. 15 of the Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply” (hereinafter referred to as the Law on Heat Supply) also states that the place of fulfillment of the obligations of the heat supply organization is the point of delivery, which is located on the border of the balance belonging of the heat-consuming installation or the heat network of the consumer and the heat network heat supply or heat network organization or at the point of connection to an ownerless heat network.

Subparagraph 3, paragraph 4, Art. 17 of the Law on Heat Supply, it is established that the responsibility of the heat grid and heat supply organizations for the condition and maintenance of heat network facilities is determined by the boundary of the balance sheet, fixed in the act on the delimitation of the balance sheet ownership of heat networks and the act on the delineation of the operational responsibility of the parties (in the annexes to such an agreement).

According to paragraph 2 of Art. 19 of the Law on Heat Supply, commercial metering of heat energy and heat carrier is carried out by measuring them with metering devices that are installed at the metering point located on the border of the balance sheet, unless a different metering point is specified by the heat supply agreement or the contract for the provision of services for the transfer of heat energy.

The metering point for thermal energy and heat carrier is a place in the heat supply system where, using metering devices or by calculation, the quantity and quality of heat energy and heat carrier produced, transmitted or consumed for the purposes of commercial accounting are established (clause 24, article 2 of the Law on Heat Supply) .

The concepts in the field of gas supply are somewhat different from those given above. They are set out in paragraph 3 of the Rules for the supply of gas to meet the domestic needs of citizens, approved by Decree of the Government of the Russian Federation dated July 21, 2008 No. 549. Gas supply is considered the fulfillment by the gas supplier of obligations arising from the contract, expressed in the commission of a set of actions that ensure the supply of natural gas through a gas distribution network or liquefied hydrocarbon gas from a tank or group cylinder installation to the property division boundary for gas distribution (connected) networks, determined in the prescribed manner. In turn, in-house gas equipment includes gas pipelines of an apartment building (MKD) or a residential building connected to a gas distribution network or a tank (group) cylinder installation, providing gas supply to the point of connection of gas-using equipment, as well as gas-using equipment and gas meters.

Despite the fact that in all the enumerated legislative acts different concepts of the point of delivery, the boundaries of balance sheet ownership and operational responsibility are given, their essence still boils down to the following. The boundary of the balance sheet, which is the boundary of the division of property, determines the boundary of operational responsibility, as well as the point of supply of the communal resource (the metering point at which the corresponding device is installed). At the same time, the operational responsibility boundary assumes a dividing line on the basis of imposing the burden of maintaining the relevant engineering communications and mainly runs along the balance sheet ownership boundary, however, the parties to the contract can also agree on a different operational responsibility boundary.

The composition of the common property of the owners of premises in the MKD.

From the analysis of the above norms, it follows that the boundaries of the balance sheet depend on the boundaries of ownership, economic management or operational management of engineering networks. Therefore, it is necessary to determine where these boundaries lie.

Due to the fact that the Criminal Code enters into agreements with the RSO and acquires the appropriate resources in order to provide public services to citizens, the provisions of the RF Housing Code, the Rules for the provision of public services, as well as the Rules for the maintenance of common property regulate the relationship under the resource supply agreement.

According to paragraph 2 of Art. 162 of the Housing Code of the Russian Federation, under a management agreement for an apartment building, the Criminal Code undertakes to provide services and perform work on the proper maintenance and repair of common property in such a house and provide utility services to owners of premises in the house. Therefore, it is necessary to determine the composition of the common property of the owners and to establish whether the boundaries of the balance sheet ownership of engineering networks depend on the composition of the common property.

By virtue of paragraph 1 of Art. 36 of the Housing Code of the Russian Federation, the owners of premises in an MKD own, on the basis of common shared ownership, the premises in the house that are not part of the apartments and are intended to serve more than one room in this house, including basements in which there are utilities, roofs, enclosing load-bearing and non-bearing structures houses, mechanical, electrical, sanitary and other equipment located outside or inside the premises of the house and serving more than one room, the land plot on which the house is located, with landscaping and landscaping elements and other intended for the maintenance, operation and improvement of this house objects located on the specified land plot.

In accordance with paragraph 1 of Art. 157 of the Housing Code of the Russian Federation, the amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, on the basis of utility consumption standards approved by the state authorities of the constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation.

Therefore, taking control of an MKD, the MC undertakes to ensure the supply of communal resources, the volume of which is determined by the readings of metering devices, as well as the proper operation of all of the above common property of the owners of premises in the MKD. To determine the point of delivery of the corresponding communal resource in the MKD, it is necessary to determine where the metering device should be installed, as well as answer the question of where the boundary of operational responsibility lies and the point of supply of the resource is located in the absence of a metering device.

In accordance with paragraph 3 of the Rules for the provision of public services, a collective (common house) meter is a measuring instrument used to determine the volume (quantity) of utility resources submitted to the MKD.

The owners of premises in the MKD (in the case of choosing the direct management of the MKD) and the owners of residential buildings pay for the volumes (quantity) of cold and hot water, gas, electric and heat energy purchased from the RSO, as well as for the rendered sewerage services, based on the readings of metering devices , installed on the border of networks that are part of the common property of the owners of premises or owned by the owners of residential buildings, with utility infrastructure systems, unless otherwise provided by the legislation of the Russian Federation (clause 7 of the Rules for the provision of utility services).

Clause 3 of the Rules for the Provision of Public Services determines that the in-house engineering systems include engineering communications and equipment intended for the provision of public services and located in the premises of an MKD or in a residential building.

From paragraphs 5, 6 and 7 of the Rules for the maintenance of common property, it follows that in-house systems of cold, hot water supply, gas supply, heating and electricity, as well as collective (common house) metering devices are included in the common property of the owners of the premises.

According to clause 8 of the Rules for the maintenance of common property, the outer boundary of networks of electricity, heat, water supply and sanitation, information and telecommunication networks (including networks of wired radio broadcasting, cable television, fiber optic networks, telephone lines and other similar networks) included in the composition of the common property is the outer boundary of the wall of the MKD (unless otherwise established by the legislation of the Russian Federation), and the boundary of operational responsibility in the presence of a collective (common house) metering device of the corresponding communal resource is the junction of the collective (common house) metering device with the corresponding engineering network included in the MKD (unless otherwise established by the agreement of the owners of the premises with the utility service provider or RSO).

From the combination of the above norms, it follows that the point of supply of the corresponding communal resource and the boundary of operational responsibility is the outer boundary of the networks that are part of the common property of the owners. As a general rule, this boundary, in the absence of a collective (common house) metering device, is considered to be the outer boundary of the wall of the MKD, and if it is present, the junction of the collective (common house) metering device with the corresponding RSO network included in the MKD.

In practice, there are often cases when the common property of the owners does not end at the border of the MKD wall. Accordingly, the point of delivery and the boundaries of balance ownership and operational responsibility are not determined by the outer boundary of the MKD wall.

This is consistent with the provisions of Art. 36 of the Housing Code of the Russian Federation, on the basis of which the common property includes, in particular, the land plot on which the MKD is located, with landscaping and landscaping elements and other objects intended for maintenance, operation and landscaping of this house located on the specified land plot. The boundaries and size of this land plot are determined in accordance with the requirements of land legislation and legislation on urban planning.

Acts of delimitation of balance sheet ownership and operational responsibility.

Due to the fact that the established boundaries of operational responsibility determine which sections of engineering equipment will be serviced by the management company, in order to avoid disputes in the process of executing the contract between the RSO and the management company, acts of delimitation of balance sheet ownership and operational responsibility should be signed. In doing so, the following must be taken into account.

Paragraph 7 of Decree of the Government of the Russian Federation of August 13, 2006 No. 491 establishes that the boundaries of isolated land plots within which real estate objects are located intended for electricity, heat, gas and water supply to the population and sanitation, as well as areas of public easements in within residential quarters, microdistricts to ensure unhindered maintenance of the said property, are established by local governments.

Thus, for each MKD, local governments must determine the boundaries of the land plot related to the common property of the house. The boundaries of the land plot, which is part of the common property of the MKD, determine the boundaries of the balance sheet ownership and operational responsibility, which should be recorded in the act between the Criminal Code and the RSO. Accordingly, if the boundaries of the land plot are larger than the area of ​​the MKD, the maintenance of utilities passing through this land plot is assigned to the management company on the basis of a management agreement.

Ownerless engineering networks.

Unfortunately, in practice there are often cases when engineering networks are not included in the area of ​​responsibility of any party to the resource supply agreement, that is, they are ownerless. Who in this case should serve these networks and pay for the loss of utility resources in them?

Paragraph 4 of Art. 8 of the Law on Heat Supply defines: if organizations engaged in regulated activities in the field of heat supply operate heat networks, the owner or other legal owner of which has not been established (ownerless heat networks), the costs of maintaining, repairing and operating such heat networks are taken into account when setting tariffs in relation to these organizations in the manner prescribed by the basics of pricing in the field of heat supply, approved by the Government of the Russian Federation.

In accordance with paragraph 6 of Art. 15 of the Law on Heat Supply, in case of detection of ownerless heat networks (heat networks that do not have an operating organization), the local self-government body of a settlement or urban district, before recognizing the ownership of these heat networks, within 30 days from the date of their discovery, is obliged to determine the heat network organization whose heat networks directly connected to these heat networks, or a single heat supply organization in the heat supply system, which includes such heat networks and which carries out their maintenance and service. The regulatory body must include the costs of maintaining and maintaining ownerless heating networks in the tariffs of the relevant organization for the next regulatory period.

According to clause 55.1 of the Guidelines for the calculation of regulated tariffs and prices for electrical (thermal) energy in the retail (consumer) market, approved by Order of the Federal Tariff Service No. 20-e/2 dated August 06, 2004 138-e / 6), if the costs of operating ownerless networks are not taken into account when setting tariffs, the consumer of electric energy connected to ownerless networks pays for the loss of electric energy in these networks in proportion to his actual electricity consumption.

Thus, if the section of networks between the wall of the MKD and the networks of the RNO is ownerless, when setting the tariff for the RSO, the Federal Tariff Service should include the costs of maintaining, repairing and operating this section of the networks. Until such time as the cost of operating an ownerless section of the network is not included in the tariff, energy losses in this section must be paid by the management company in proportion to actual consumption. In particular, in Resolution No. KG-A41/14529-10 dated 11.01.2011 of the Federal Arbitration Court of the Moscow Region, the court came to the conclusion that the consumer is obliged to pay the cost of heat losses in the ownerless section of the heating network in proportion to the actual consumption by other consumers. But at the same time, the obligation to operate and bear the costs of these networks arises from the RSO.

Limits of operational responsibility: arbitration practice.

One of the examples confirming that the responsibility for the maintenance of utility networks is determined by the signed act of delimitation of operational responsibility is the Decree of the FAS VVO dated March 21, 2011 in case No. A82-4853 / 2010. In this case, the court recovered the amount of damage from the HOA in favor of the RSO, guided by the act of delimitation of operational responsibility, according to which the responsibility for the operation of the network section where the accident occurred is assigned to the HOA, and the RSO repaired this section at its own expense. It should be noted that the boundaries of operational responsibility and balance sheet ownership in the act were established not at the outer boundary of the MKD wall, but much further. In addition, these networks served other MKDs that were not under the control of the HOA. At the same time, the latter's arguments regarding the ownerlessness of this section of the networks and the illegality of the said act were rejected by the court, since the act was signed without comments by an authorized person, and the contract contained a reference to this act. The HOA did not go to court with a claim to recognize the act as illegal. The court made such a decision due to the fact that the parties to the contract voluntarily determined the boundaries of liability in an appropriate way.

In the Decree of the FAS UO dated February 28, 2011 No. Ф09-443 / 11-С5, the court concluded that in the absence of an agreement between the parties on determining the boundaries of operational responsibility, the specified boundary is to be established along the balance sheet ownership boundary, that is, along the line of division of engineering systems between owners on the basis of their being on the right of ownership, economic management or operational management.

In order to establish the ownership of sections of engineering networks located outside the outer boundaries of the MKD, which are managed by the Criminal Code, it is necessary to prove that these sections are on the balance sheet of the relevant organization or belong to the common property of the owners of the MKD. In the absence of such evidence, the boundaries of balance sheet ownership and operational responsibility are determined along the outer boundary of the wall of the MKD, and when installing a collective (common house) metering device - at the junction with the corresponding RSO network included in the MKD. This conclusion is confirmed by the Determination of the Supreme Arbitration Court of the Russian Federation dated February 9, 2011 No. VAC-406/11.

In the Decree of the FAS VVO dated February 11, 2011 in case No. A31-2407 / 2010, the court concluded that a collective (common house) meter should be installed at the border of the networks that are part of the common property of the owners of premises in the MKD. When this metering device is installed not at the border of the indicated networks and there is no evidence of the ownership of external power networks from the MKD to the metering device, the outer boundary of the MKD wall is considered the boundary of the balance sheet.

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Summing up the above, it should be noted that the points of supply of communal resources (regardless of the presence or absence of a meter) should be located on the border of the balance sheet, which runs along the border of the common property of the owners of premises in the MKD. The boundary of operational responsibility runs along the boundary of the balance sheet, unless a different boundary is agreed by the parties to the resource supply agreement in the relevant act.

Mironova A. R.,