P 112 of Resolution 354. Government Decree on the provision of utilities to owners and users of premises in apartment buildings and residential buildings - Rossiyskaya Gazeta

In accordance with Article 157 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached:

Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings;

changes that are made to the resolutions of the Government of the Russian Federation on the provision of public services.

2. Establish that the Rules approved by this resolution:

a) apply to relations arising from previously concluded agreements containing the conditions for the provision of public services, in terms of the rights and obligations that arise after the entry into force of these Rules;

b) do not apply to relations that arise during the supply of gas to meet the household needs of citizens and the regulation of which is carried out in accordance with the Rules for the supply of gas to meet the household needs of citizens, approved by Decree of the Government of the Russian Federation of July 21, 2008 N 549 ;

c) come into force after 2 months from the date of entry into force of the changes that are made to the Rules for establishing and determining the standards for the consumption of utility services specified in paragraph four of subparagraph "b" of paragraph 4 of this resolution.

3. Establish that the Ministry of Regional Development of the Russian Federation gives clarifications on the application of the Rules approved by this resolution.

4. To the Ministry of Regional Development of the Russian Federation:

a) within 2 months, in agreement with the Ministry of Energy of the Russian Federation and with the participation of interested federal executive bodies, submit to the Government of the Russian Federation proposals for improving the Rules for the supply of gas to meet the domestic needs of citizens, approved by the Decree of the Government of the Russian Federation dated July 21, 2008 Mr. N 549, and the main provisions for the functioning of retail electricity markets, approved by the Decree of the Government of the Russian Federation of August 31, 2006 N 530;

b) within 3 months:

approve, in agreement with the Federal Tariff Service, an approximate form of a payment document for making payments for the maintenance and repair of residential premises and the provision of public services, as well as methodological recommendations for filling it out;

approve, in agreement with the Federal Antimonopoly Service, the exemplary terms of the contract for the management of an apartment building;

submit, in agreement with the Ministry of Economic Development of the Russian Federation and the Federal Tariff Service, in accordance with the established procedure, to the Government of the Russian Federation a draft act on amendments to the Rules for establishing and determining standards for the consumption of utilities, approved by Decree of the Government of the Russian Federation dated May 23, 2006 N 306, including:

exclusion from the volumes of communal resources taken into account when determining the standards for the consumption of communal services in a residential building, the volumes of communal resources provided for the maintenance of the common property of an apartment building, and regulatory technological losses of communal resources;

the procedure for establishing standards for the consumption of utilities for general house needs;

the procedure for establishing standards for the consumption of communal services, with the exception of gas supply, when using a land plot and outbuildings;

c) within 5 months, approve, in agreement with the Ministry of Economic Development of the Russian Federation, the approximate terms of an energy service agreement aimed at saving and (or) increasing the efficiency of utility consumption when using common property in an apartment building;

d) within a 6-month period, approve the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of the inspection report to establish the presence (absence) of the technical feasibility of installing such metering devices and the procedure filling it out.

5. Recommend to the state authorities of the constituent entities of the Russian Federation to approve the standards for the consumption of utilities in residential premises, the standards for the consumption of utilities for general house needs, the standards for the consumption of utilities when using a land plot and outbuildings no later than 2 months from the date of entry into force of the changes that are made in the Rules for establishing and determining the standards for the consumption of utilities specified in paragraph four of subparagraph "b" of paragraph 4 of this resolution.

6. Recognize as invalid from the date of entry into force of the Rules approved by this resolution:

Decree of the Government of the Russian Federation of May 23, 2006 N 307 "On the procedure for providing public services to citizens" (Collected Legislation of the Russian Federation, 2006, N 23, Art. 2501);

clause 3 of Decree of the Government of the Russian Federation of July 21, 2008 N 549 "On the procedure for supplying gas to meet the domestic needs of citizens" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, N 30, art. 3635);

paragraph 5 of the amendments that are made to the acts of the Government of the Russian Federation approved by Decree of the Government of the Russian Federation of July 29, 2010 N 580 "On the amendment and invalidation of certain acts of the Government of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2010, N 31, art. 4273).

Prime Minister
Russian Federation
V. Putin

Recalculation for utilities occurs on the basis of the adopted legislation. If the owner has metering devices, recalculation occurs automatically upon receipt of information about new data. In the absence of appliances during the temporary absence of the owner and all those living in the apartment, the recalculation is made according to the developed scheme.

What is recalculation

Recalculation is a newly made calculation of the consumer's payment for utilities. If any errors or overlays have occurred, and they are identified, then the management company or housing and communal services will compensate for the overpayment made. But most often the recalculation is done, because in many cases the owners pay not according to the actual consumption of any resource, but according to the standard.

What does it mean? If the owner installs metering devices in a house or apartment, this means that now he will pay not according to the standard, but according to the actually consumed water (electricity, gas). But sometimes failures occur, as in the following cases. For example, for heating, payment is always made according to the standard.

The standard is defined as 1/12 of last year's consumption per year. And every month we pay a fixed fee (since last year). At the end of the heating season in those apartment buildings where common house meters are installed, the housing and communal services recalculate and the overpayment is returned to the consumer. There are also adjustments in the opposite direction.

But the most common types of overpayments are private. The situation model is most often this: the owner of the apartment does not send meter readings. This happens both for objective reasons and for subjective ones.

For example, forgetfulness or a family vacation may cause the owner of the apartment to temporarily not transmit data from his meter. In this case, already the next month after the owner of the apartment resumes the transfer of data, he will be recalculated.

Legal acts

The recalculation has a completely legal basis. In 2011, the government of the Russian Federation adopts the well-known Decree number 354. All sections of this legal act are devoted to the rules for the provision of public services to the population.

In 2017, the next changes were adopted and it can be said how recalculations are currently being made. The situation with the change in fees is reflected in paragraph VIII. The name also reflects some features: recalculation in the absence of consumers.

Only the aspect that concerns residential premises without meters is considered here. Everything is clear with the meters, the recalculation will be done automatically when the next data from the metering devices is loaded. Answers to all questions regarding the legality of the actions of public utilities are given in the Resolution.

Each citizen, owner or tenant of a dwelling, is a consumer according to this document. He and his family consume public resources provided by various organizations or companies. In order to have a basis for a relationship, an agreement is made between the organization and the service consumer.

The guarantor of the relationship between the performer and the consumer is the state and laws. In accordance with Decree No. 354, all citizens have the right to recalculate utility bills. Therefore, the new edition describes in detail the procedure for recalculation in different situations.

What is included in Resolution No. 354

What is included:

updated coefficients that determine the standards for drainage;
the procedure for mounting measuring instruments has been worked out in detail;
with the help of the Decree, the motive for installing the meter is strengthened;
a simplified payment scheme for heating was introduced;
since 2016, it has become optional to provide information from meters;
in case of temporary absence of electricity or other service, payment for it is not charged;
order of fulfillment of the above conditions.

A special place is determined by the responsibility of the performer to consumers and laws in the following cases:

poor quality of services;
damage to life and health due to poor quality services;
non-receipt by the consumer of reliable information on the quality of services;
terms of the agreement are violated.

In case of violation of these conditions, the contractor must release the consumer from payment or provide him with compensation. Regardless of whether the contract was concluded between the contractor and the consumer, the contractor still compensates for the damage in the event of the provision of low-quality services.

Here are some points that are considered in the Resolution:

The fee for common house needs is not subject to recalculation. This refers to the case when the owner was absent and the premises were temporarily empty.
Under the two-tariff regime, changing the payment is possible only in relation to the variable component. With regard to the constant component, the following condition has been introduced: if its recalculation is established by law, then after the temporary absence of a citizen, it is made within 5 working days. Days of absence are considered all except the day of departure and arrival.
Recalculation is made only in the case of filing an application and providing documents that confirm the duration of absence. The request is made before departure or no more than a month after arrival.

The following documents are accepted as proof of absence:

a copy of the travel certificate with the attachment of travel documents;
document on treatment in a hospital or sanatorium;
travel tickets issued in the name of the consumer, as well as the fact of their use;
bills for staying in a hotel, rented apartment, hostel;
a document issued by the FMS on temporary registration;
other documents that can confirm the fact of the absence of the consumer.

The main advantage of this document is its transparency and simplicity of presentation of all requirements. After its revisions, it became much easier for the performer and the consumer to regulate their relationship.

On the video about the recalculation of the fee

The main distinguishing features of the Decree and its amendments are the course towards the widespread installation of devices. Therefore, the owners of apartments with meters have a clear advantage in cases of, for example, temporary absence.

A citizen of the Russian Federation (each individual) is a consumer of state resources: water (for hot and cold), electricity, etc. The basis for access is an agreement concluded with an enterprise, in this case a utility company (it is also a contractor). The provision of the possibility of recalculation for the absence of such is guaranteed, they can approve a temporary restriction of access, etc. - more specifically, the process is regulated by the Housing Code.

According to the established standards 354 of the Decree of the Government of the Russian Federation (governs relations along with LCD), each citizen is given the opportunity and the right to recalculate payments for services (in this case, utilities). The new edition and the latest changes to it provide the most comprehensive answers to the owners and users of premises / houses (multi-apartment) to all questions of interest. Legally, the guarantor is the state itself, regardless of the city / region, for example, for Moscow it is the MOP.

with latest changes 2016

The creation of Decree 354 of the Government of the Russian Federation dates back to 2011 (May-June). As well as other legislative acts, it requires the introduction of current amendments (based on reality in the housing and communal services), which are made on an annual basis without reference to a period (they can be introduced / planned both for January and May).

The new version of the law (the latest changes) entered into force at the beginning of January of this year (they were introduced at the very end of the past 2015).

Common house needs - to pay or not to pay according to decree 354

According to the latest changes, the general house needs for electricity were also affected by Decree of the Government of the Russian Federation No. 354 (paragraph 44). Now:

The coefficients of drainage standards have been revised (recalculation is in progress);
approved the regulation on the installation of specialized meters;
proposals are being considered to reduce these tariffs (approximately 10-15% reduction);
measures are being taken to stimulate organizations / enterprises (housing and communal services) that provide various types of services (utilities) that are relevant for users of houses (multi-apartment), etc.

Changes in housing and communal services

354 Decree of the Government of the Russian Federation regulates consumer standards for resources and their subsequent payment for owners / users of premises (residential). The new edition clarifies when the accrual for the full package or a separate part of it for public services begins. The latest changes explain: the power of calculation begins to operate from the moment you enter any room or apartment building.

Calculation of the amount of payment for utilities - 354 resolution

354 of the Federal Law of the Government of the Russian Federation regulates the procedure for distributing accounts. There are also instructions there: every citizen (user of an apartment building) is obliged to submit meter readings to employees every month (payment must also be made monthly).

Recalculation for heating

If we consider in more detail 354 of the Federal Law of the Government of the Russian Federation (new edition), it becomes clear that it is planned to reduce tariffs for premises / apartment buildings (the amount of the discount depends on the region). In the current version (last changes), the procedure for paying for utility services has been significantly simplified, for example, payments for heat are now made according to a special system (simplified).

Payment for utilities

354 The Decree of the Government of the Russian Federation on communal services (current version, latest amendments) includes a special appendix, which describes in detail recommendations on calculation standards (replaced data adjustment formula (paragraph 44, paragraph 2), rules and regulations). Measures to control use/consumption have been tightened, and in the current version, special instructions have been given regarding the installation of counting equipment (meters).

Decree 354 with the latest changes 2016 on utilities

You can get acquainted with the current text on the request "354 Decree of the Government of the Russian Federation on the recalculation / calculation of payments for services (utilities) for citizens" on our resource (website) or download it in a convenient online mode and completely free of charge

Most residents of high-rise buildings and houses with more than two or three apartments clearly know the rules for providing utility services to users and owners. Relations between the owner and the executor are regulated by government decree number 354 with current changes and an annex to it, made in 2019. In addition, there is a decree number 307, which also has a list of rules for the provision of public services. It is quite difficult for an ordinary layman to understand all interpretations of the law. Also, the law regulates the performance of work from utility companies on a preferential basis in accordance with income and a living wage (government decree number 354, paragraph 62).

It is sometimes simply impossible to delve into all the nuances of resolutions No. 354 and No. 307, as well as the rules for the provision of public services to Russian citizens without a legal education. Our experts will explain to you each paragraph of Decrees No. 354, 307, 62 with all the changes and annexes to each legislative act.

Lawyers will competently explain the obligations of the housing and communal services in the provision of their work in compliance with the rules for the provision of public services and the rights and obligations of the consumer in 2019 completely free of charge.

It is only necessary to describe your problems with housing and communal services in the feedback form and get an explanation of the law on the rules for the provision of public services to the civilian population in 2019.

In order not to get into a situation where housing organizations stop temporarily performing their work on servicing your living space, you need to clearly know all the nuances of Decree 354. Legislative act number 354, as amended in September 2019, contains the basic rules for the provision of utility services to owners and users, providing maintenance work for apartment owners in high-rise buildings. The obligations of consumers in relation to housing and communal services are also prescribed there. This resolution consists of several sections and applications. The main sections contain the procedure for the provision of housing services.

Decree 354 contains the rules for the provision of public services to citizens and consists of the following sections:

conditions for the provision of housing services;
the correctness of drawing up a contract for the provision of housing and communal services and drawing up annexes to it in 2019;
obligations of consumers in relation to housing services and their rights in accordance with the law;
duties of housing and communal services and what they are entitled to in accordance with the law;
the correct procedure for paying for the services provided, calculating the cost for housing conditions;
a description of how to correctly take into account the consumption of housing resources in the presence of meters, the correctness of the assessment of readings, the obligations of consumers to monitor the correct operation of meters;
the procedure for recalculating the cost of housing services rendered in a situation where the apartment is temporarily empty, without tenants;
the procedure for recalculating the cost for the rendered housing and communal services, if a fact of violation of the rule for the provision of communal services to owners and users in violation of the law was revealed;
the procedure for determining the fact of non-performance of housing and communal services of their duties in the proper manner, which establishes the law;
in what cases the law fixes violations of the rules provided by utilities in 2019 by consumers and suspends the provision of housing benefits by housing and communal services and management companies;
description of the supply of cold water to consumers using a standpipe in accordance with the changes in 2019;
features of gas supply through the central gas supply network;
rules for the sale of gas to consumers in cylinders;
the rules that the law has established for sellers of solid fuels;
the responsibility that both the supplier and the consumer bear in case of violation of at least one of the rules provided by utilities in 2019;
features of control over the execution of Decree 354 and its annex.

Also, the composition of the 354th government legal act on the provision of housing services includes two applications. The first appendix is about the requirements for the quality performance of their work by housing services that the law imposes. The second appendix is about the order in which all payments necessary for the consumer are calculated in 2019.

General provisions of resolution 307

Another document that, according to the law in 2019, regulates the provision of public works for consumers is government decree number 307. It also has several subsections and two appendices. The main provisions of this law are the rules for the provision of housing and communal services that are provided to the population, as well as the calculation and procedure for payment for already received services. The first appendix that characterizes this regulation contains information on how pay changes if housing companies perform their work inadequately in relation to quality standards.

The second appendix describes the calculation of the amount of payment for the performance of their work by housing and communal services employees. It should be borne in mind that all the norms of laws that relate to the topic we are discussing are constantly changing.

For example, the first annex of the 307th resolution for 2019 has already lost its force. But there is also a list of rules on the provision of services by housing and communal services to beneficiaries. Who is included in this list, what is the procedure for obtaining preferential work from the management company? By contacting experienced lawyers through the feedback form directly on the site, you can get full answers to all your questions. Our specialists keep track of all changes in housing legislation in a timely manner. Consultation of competent persons will be received by you in a timely manner and absolutely free of charge.

In conclusion about public services

In order to be able to check the compliance of the works of the housing and communal services specified in the received receipt and the actual performance of these works (as well as the provision of services), it is necessary to clearly know the obligations of management companies in relation to users.

Here is a sample list of responsibilities of utilities:

proper quality of drinking water supply process;
proper quality of the hot water supply process;
organization of water disposal (sewer systems);
disposal of citizens from accumulated household waste in accordance with the norms of SES;
maintenance of heating systems in proper condition and timely uniform supply of heat to apartments;
supply of residents with electrical energy;
supply of residents with gas around the clock;
provision of lighting and heat for premises in common use;
monitoring compliance with the rules established by the fire services;
caring for the flora of the yard;
carrying out repair work of all existing types;
carrying out activities aimed at preparing the operation of the house in different seasonal periods;
measures to keep public property in good condition;
regular inspection of technical premises.

A more detailed acquaintance with the list of services provided by public utilities will allow you to avoid deception from the actions of management companies and housing and communal services. Write about your problems to our specialists and you will be advised on any matter from the field of housing law.

Every citizen is interested in what rule for calculating the cost of utilities is currently in effect. Therefore, the paragraph of Art. 354 can reveal important questions, and provide answers in the way that the law has established.

Decree 354 as last amended 2016,

The regulation from the government of the Russian Federation on public services was created in June 2011. After that, the law needed to be amended, so every year in April, March, July, May, mid-June and in other months a new draft was introduced with changes. The Russian law for this period is valid according to the latest amendments. It is worth examining this right before considering amendments.

Federal law in resolution 354 contains the following sections:

Provision of services to be received by the user and the owner of the premises;
The condition and main order of how the service is served;
Metering devices and calculation of the amount of the fee;
Recalculation and accrual for heating, electricity, water;
Question about the cancellation of the provision of services;
An application where there are calculation rules, as well as a formula and a rate standard;
Changes to be made to the Act.

The current version with the latest changes has some amendments in accordance with the current situation in the housing and communal services. As of December 2015, it was necessary to approve the amendments, which will come into force in 2016. The federation also made changes to the government's vision of this document in September, April, at the end of January and other months. Many portals, such as consultant plus, pay attention to the text of this provision, so it is worth considering each part of it in the latest edition. for different types of services.

About utilities

Regulation number 354 regulates the consumption of housing and communal services for owners and users of residential apartments or non-residential premises. The new edition of the law of the Russian Federation contains consumption standards and fees for them. For example, the document explains when the power of billing for a utility package starts. The entry into force begins at the moment of the emergence of ownership rights, from the day the lease for the premises is concluded, from the day of hiring and entering the apartment building. Judicial practice confirms the guarantor of compliance with Decree 354 throughout the Russian Federation, including the Moscow region, Kirov and Perm.

Heating

This section describes the general house needs for the provision of heating to citizens. This paragraph explains in examples how much, according to the rules, the length of heating should be charged in terms of time and temperature in the apartment. According to the approved norms, the temperature and heat are regulated, the amount of payment for heating is calculated.

For electricity

This subparagraph determines the procedure for the supply and distribution of electricity. the voltage standards, the period that is possible due to a temporary lack of energy, the verification of lines and energy saving are indicated. During the year, there is a limit on the time of absence. The edition contains requirements for voltage lines in accordance with GOST.

Common house needs Decree 354 to pay or not to pay?

Many people ask whether or not to pay the bill for common house needs. The Housing Code provides that the cost of water supply and other services for common house needs will be paid evenly on each separate receipt. This payment is important in relation to the provision of utilities, so everyone pays receipts.

Recalculation for heating according to a common house meter according to Resolution 354, calculation formula

The contractor bills for electricity or hot water on the day the receipt for the meter is issued. The recalculation for cold water is carried out according to the formula where the volume for non-residential premises, the volume for individual apartments, the volume of hot water and the volume of water supply costs are subtracted from the unaccounted volume of water for the accounting period and multiplied by the area of the apartment divided by the area of \u200b\u200ball apartments. Today you can download an application for free that contains order 354, where there is a calculation form, adjustments and comments.

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