Establish boundaries of operational responsibility.

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: 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 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, which are not part of the apartments and are intended to serve more than one residential / non-residential premises in the House;
  • intra-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 performs Maintenance 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 carried out at the expense of the UK 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 border runs along threaded connection in the radiator cap.
  • 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 owners (we are talking about the inner border building structures included in the common property of an apartment building) is inner surface walls of the apartment, window fillings and Entrance door to the apartment.

Enclosing load-bearing structures, land plot(including children's and playgrounds, collective car parks), 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 applied to the court with a claim for the recognition of the terms of the energy supply contracts as invalid and for the obligation to transfer heating network in the area of ​​responsibility of the RSO. court in satisfaction claims refused, because 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 dividing 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!

I. The boundary of operational responsibility between the common property in an apartment building and personal property - the premises of the Owner is:

1. Boundary on the system of hot, cold water supply and heating- the first disconnecting device (the first valve) from the riser pipelines located in the room (apartment). Operational responsibility for the tightness of the threaded connection of the intra-apartment pipeline, with the first disconnecting device, lies with the Owner (tenant). Responsibility for intra-apartment pipelines and plumbing equipment, metering devices, wiring of the heating system in the apartment, heating appliances and a heated towel rail located in the room are borne by the Owner (tenant). Operational responsibility for the riser pipes from the pipelines and the first disconnecting device lies with the Managing Company.

In the absence of the first disconnecting device, the boundary of responsibility is the first welded (threaded) connection of the intra-apartment pipeline with the riser pipeline. Operational responsibility for the tightness of the threaded connection of the intra-apartment pipeline with the riser pipeline lies with the Owner / Tenant.

2. Sewerage border- the place of connection of the plumbing fixture and (or) the intra-apartment pipeline to the socket of the tee of the common house sewer riser. Operational responsibility for the condition of the elements of the intra-apartment sewer wiring and the tightness of the connection of the plumbing fixture and (or) the pipeline lies with the Owner (tenant).

The managing organization is operationally responsible for the technical condition of the risers of the common house sewerage system serving more than one room in an apartment building, including the condition of the tees.

3. Border on the power supply system– The managing organization bears operational responsibility for the state of the internal electrical network from the introductory switchgear and to the first connecting terminals on individual metering devices, and if there is input equipment before the metering device, to its first connecting terminals. In the absence of a metering device, to the first connecting terminals of the disconnecting device. The apartment electric meter does not belong to the common house property.

4. Border on building structures- The owner / tenant is responsible for the condition of the inner surface of the walls of the room (apartment), fencing of balconies or loggias, frames, window fillings and the entrance door to the room (apartment). Wall insulation works are carried out within the framework of overhaul based on the decision taken by the Owners on general meeting at the expense of the Owners.

5. Border by gas supply system- shut-off fittings (valve at the outlet from the riser).

II. The external boundaries of the operational responsibility of the Managing Organization under the Contract are determined by:

1. Maintenance adjoining territory within the boundaries of the site, according to the BTI passport and (or) the cadastral plan.

2. The external border of networks of electricity, heat, water supply and sanitation included in the common property, unless otherwise provided by law Russian Federation, is the outer boundary of the wall of an apartment building, 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 apartment building.

3. External border of gas supply networks, is the junction of the first locking device with an external gas distribution network.


Application No. 5

ACT-1 establishing the fact of non-provision of utility services

Or the provision of public services of inadequate quality

"______" ________________ 20 ____ year _________ hour. _________min. No. ___________

Address of the utility supply object: ________________________________________________

LLC Management Company "Comfortservice Zavolzhsky District" represented by: __________________________________________________

Resource supply organization: ____________________________________________________________

Consumer (Owner, House Council): ______________________________________________________

a) cold water, hot water, thermal energy, pressure, turbidity, no smell: Yes / No ___________________
Р1__________________________________ Р2 _________________________________________________
T1____________________________ T2____________________ TGVS____________________________
Р1______________________________ Р2__________________ Р3________________________________
Т1__________________________ Т2____________________________ TGVS________________________
P1______________________________ P2_____________________________________________________________
Т1_______________________ Т2______________________________ TGVS_________________________________
d) No. of the instrument used in measurements _________________________________________________________
Commission conclusion:
Т1________________________________________________________ Т2______________________________________________________________
TGVS ____________
c) Compliance with cold water, hot water sanitary standards(turbidity, color, smell) _________________________________________________________________________________________________
Special opinion:_____________________________________________________________________
__________________________________________________________________________________
_____________________________________________________________________________________

Signatures of the parties:

OOO Management Company "Comfortservice Zavolzhsky District" ___________________________________________________________

Resource supplying organization ________________________________________________________________

Consumer (Owner, House Council) _______________________________________________________________

ACT-2 on the restoration of the provision of public services

Or the provision of public services of adequate quality

for ______________________________ 20 ____

"______" _______________ 20 ____ year _________ hours _________min. No. ___________

Address of the object of supply of public services: ______________________________________________________________

This act was drawn up by the commission in the presence of representatives of:

OOO Management Company "Comfortservice Zavolzhsky District" _______________________________________________________

Resource supply organization: ______________________________________________________________

Consumer (Owner, House Council): ________________________________________________________

The nature of claims to the quality of communal resources:

a) Cold water, hot water, thermal energy, pressure, turbidity, no smell: Yes / No _____________________________
The commission made measurements of temperature and pressure, water samples were taken:
a) Heat carrier parameters ( hot water) at the point of delivery (measurements are made at the border of the operational responsibility of the in-house common property and heating networks of MUP "YAGE" if technically possible)
Р1__________________________________ Р2 ______________________________________________
T1_____________________________ T2____________________ TGVS_________________________
b) Parameters of the heat carrier (hot water) in thermal node heat supply facility:
Р1________________________________ Р2__________________ Р3______________________________
T1__________________________ T2____________________________ TGVS______________________
c) Parameters of the heat carrier (hot water) in TC No. ________ on the heat networks of MUP "YAGE" (the closest TC to the heat supply facility)
Р1______________________________ Р2_________________________________________________
Т1_______________________ Т2______________________________ TGVS_____________________________
d) No. of the device used in measurements _________________________________________________
e) Compliance of water with sanitary standards (turbidity, color, smell) indicating the place of sampling:
Commission conclusion:
a) Cold water, no hot water (Yes / No) ___________________
b) Deviation from the standard parameters for the following indications
Р1______________________________________________________________ Р2____________________________________________________________
Т1______________________________________ Т2______________________________________________
TGVS __________________________________________________________________________________________
c) Compliance of cold water, hot water with sanitary standards (turbidity, color, smell) ___________________________________________________________________________________________________
Special opinion:____________________________________________________________________
__________________________________________________________________________________
____________________________________________________________________________________

Signatures of the parties:

OOO Management Company "Comfortservice Zavolzhsky District" ____________________________________________________

Resource supplying organization ______________________________________________________________

Consumer (Owner, House Council) _________________________________________________

In case of non-appearance of any of the parties or refusal to sign, an appropriate entry is made in the act.

In the event that a representative of LLC Management Company "Comfortservice Zavolzhsky District" does not appear at set time, this act is drawn up with the participation of representatives of the network organization.

Application No. 6

to the contract for the management of an apartment building

from "______" _____________________ 20_____

Guidelines for the use of premises and equipment located in them,

In residential and non-residential apartment buildings.

I. Requirements for consumers to comply with the rules for using the premises

1. Consumers using premises in an apartment building must comply with the following requirements:

2. Use the premises in accordance with its purpose, as well as taking into account the restrictions on use established by housing legislation.

3. Comply with the requirements of housing legislation; requirements fire safety; rules for the use of electrical and thermal energy; rules for the use of water supply and sanitation systems; safety rules in the gas industry; rules for using passenger elevators; rules for the protection and maintenance of green spaces, as well as other established by current legislation, regulatory legal acts local government rules, norms, regulations and standards.

4. Take care of the premises, common property of MKD, sanitary equipment serving more than one premises, ensure their safety. If malfunctions are detected or an accident occurs, or from the moment you receive information about it, immediately report the incident by calling the emergency dispatch service in order to take possible measures to eliminate malfunctions and accidents.

5. Before moving into a residential property owned by the Owner or in cases of non-use by the Owner or other User of non-residential premises, bear the costs of paying utility bills and paying for the maintenance and repair of the common property of the MKD.

6. Avoid dropping into WC waste that clogs the sewer, do not pour liquid household and food waste, flammable and aggressive liquids into the garbage chute.

7. In winter time The owner and/or other User of the residential premises, as snow accumulates on balconies and balconies canopies, is obliged to clean balconies and visors from snow and icicles, observing safety precautions in relation to third parties.

8. In winter, the Owner and / or other User of the premises is obliged to ensure the safety of structures protruding beyond the boundaries of the cornice overhang, to install protective screens, decking, canopies to prevent damage to structures during work on dropping snow, ice, knocking icicles off the roof of the Building. As snow and ice accumulate on low tides, clear snow and ice, observing safety precautions in relation to third parties.

9. Notify the Managing Organization about the installation of commercial metering devices and coordinate the change of heating devices, as well as the reconstruction of electrical networks and an increase in the power of household electrical appliances.

10. Provide free access to all engineering networks serving more than one premises, located inside a residential / non-residential premises.

11. Involve representatives of the Managing Organization to conduct surveys and checks of sanitary and technical condition MKD and the local area in case of complaints about the quality of services for the maintenance and repair of common property.

12. At a pre-agreed time, provide access to the occupied residential / non-residential premises of employees of the Managing Organization and specialists of organizations - utility providers for inspections, repairs, elimination of accidents on engineering networks and equipment general purpose, monitoring the operation of metering devices, technical and sanitary condition of the Building. In the absence of the Owner and/or other User of the premises in the event of an emergency, the Owner and/or other User of the premises is obliged to provide access to the occupied residential/non-residential premises to a representative of the Management Organization to eliminate the accident through authorized persons. Authorized persons, their surnames, first names and patronymics, contact numbers are submitted in advance in writing to the Managing Organization. In the event of obstacles to access to the occupied residential / non-residential premises, the Managing Organization shall not be liable for damage caused to third parties resulting from an emergency.

13. Comply with the procedure established by housing legislation for the reconstruction and redevelopment of residential / non-residential premises and utility rooms, as well as the common property of MKD.

15. When changing the size of the fee for the maintenance and repair of the premises for tenants of residential premises by reducing the size of such a fee, approved at the general meeting of the Owners of the premises of the MKD, the Owner, who is the landlord of his premises, is obliged to notify the Management Organization in writing and make an additional payment to the latter of the corresponding difference, in the manner and on the terms established by the agreement with the Managing Organization.

16. Do not install, connect and use electrical household appliances and machines with a capacity exceeding the technological capabilities of the intra-house electrical network, as well as additional sections of heating devices, control devices and valves not intended for use at home.

17. The maximum allowable power of appliances, equipment and household machines that a consumer can use to meet domestic needs depends on the year of construction and commissioning of the MKD and is:

18. For houses built and put into operation before 1964 - 2.5 kW.

19. For houses built and put into operation in the period from 1964 to 1989: with a stove on natural gas- 3.0 kW; with an electric stove - 7 kW.

20. For houses built and put into operation in the period from 1989 to 2003: with a natural gas stove - 3.6 kW; with an electric stove - 7 kW.

21. For houses built and put into operation in the period from 2003 to the date of conclusion of this agreement: with a natural gas stove - 4.5 kW; with an electric stove - 7 kW.

22. The estimated power of household appliances used is:

23. TV, DVD player, music center, computer, refrigerator - 0.2 - 0.5 kW; electric kettle - 1.0 - 2.0 kW; vacuum cleaner, hair dryer, iron, microwave oven - 0.7 - 1.5 kW; air conditioning, heater - 1.5 - 2.5 kW; washing machine- 1.5 - 2.5 kW. When using household appliances, Owners / Tenants are obliged to take into account their total power, not allowing the maximum permissible power to be exceeded, permitted for the building in which the apartment is located.

24. Do not connect or use Appliances and equipment, including individual water purification devices that do not have technical passport(certificates) that do not meet the safety requirements of operation and sanitary and hygienic standards.

25. Do not violate the existing schemes for accounting for the supply of utilities.

26. Do not use the coolant in heating systems for other purposes (drain water from the heating system).

27. Observe the following requirements and do not:

- reorganization and (or) re-equipment, transfer of engineering systems, networks and equipment related to the common property of MKD, as well as other common property of MKD, including landings;

- installation of homemade safety devices, clutter (including the installation of doors or gratings) of corridors, passages, stairwells, emergency exits, approaches to engineering communications And shutoff valves. Do not clutter up or pollute evacuation routes and premises with your property, building materials and (or) waste common use;

- installation of enclosing structures around risers and deck chairs for cold and hot water supply, sewerage, gas and heat supply, excluding or complicating their inspection, repair or replacement without dismantling such structures;

- do not install and dismantle individual (apartment) resource metering devices without the consent of the Managing Organization, i.e. do not violate the established procedure for the distribution of consumed utility resources attributable to the Owner's premises and their payment;

- not to allow the performance of work or the commission of other actions that lead to damage to the premises or structures of the building, not to reorganize or redevelop the premises without approval in the manner established by the Legislation of the Russian Federation and this Agreement;

- not to allow the production of work in the premises or the commission of other actions that lead to damage to the common property of the MKD;

– do not use passenger elevators for transportation building materials and waste without packaging (in the presence of elevators);

- do not create increased noise in residential premises and common areas.

II. Requirements for owners of premises in an apartment building,

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 dividing 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!

When users sign a resource supply agreement with managing organizations, they care little about agreeing on the boundaries of balance sheet ownership. In addition, it is important to understand that the issue of delimitation of responsibility for operation, and other topics related to engineering networks connected to houses, may be relevant. Who should be doing this? Both sides. But in order to protect themselves, they must sign an act of delimitation of the balance sheet ownership of water supply networks.

Plumbing is a very important part. comfortable life in the House. By signing the act, the parties must be responsible for working condition plumbing, and if something is missed, then the pipes will need to be repaired, and, of course, at their own expense. All this must be taken into account when agreeing on the balance sheet, because often it is the manager who bears all responsibility for water supply and sewerage. Therefore, the mediator must narrow the circle of his immediate duties, while not going beyond the framework of civil law.

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Operational Responsibility Delimitation Act

No residential or non-residential building can be put into operation if such public Utilities like water supply and sewerage. In order to regulate the supply of these resources, companies must enter into contracts that delineate operational responsibilities.

The purpose of these contracts is for customers to receive a water supply or water consumption service, and for the company that provides these services to receive the agreed payment for their work.

Here are a couple more rules that are observed when signing the act of delimitation of responsibility:

How to draw up a sample act of delimitation

An act is a document that is drawn up in writing, to indicate the rights, obligations and powers between the organizations that supply resources and the subscriber who receives them. Although the other side may be Management Company, which is only an intermediary who takes over part of the responsibilities after the form is signed.

The obligations of supplier companies are not so extensive. In particular, these companies are obliged to supply the resource in the proper quantity and in high quality. But for the subscriber, who is now the management company, the delivery of the service costs a decent penny. The point is that he must:

  • Make repairs to equipment if it breaks;
  • Carry out equipment maintenance;
  • Other responsibilities.

In the act, these conditions are indicated in a separate section of the act, therefore they need to be drawn up and discussed in order not to end the case in court, defending their “impaired” interests. In addition, when drawing up the act, you must pay attention to the following:

  1. First of all, the form of the act must be confirmed by documents. The following papers are sent to the supplier company:
  • Title documents for the house;
  • Building permits;
  • Permission to put the house into operation.
  1. Conclude an agreement to ensure the operation of sewer networks, indicating in it all the nuances and features of the future transaction.
  2. Put a signature under the relevant act, which will become a guarantor of the fulfillment of powers by the parties.

The document indicates the layout of networks. But what is more useful, there is information here who is responsible for which branching of the water supply. A sample is made in triplicate. One of them remains with the client, the second with the service provider, and the third will be transferred to the representative office of the state body.

Operational Responsibility and Balance Ownership

These two concepts are surprisingly similar to each other, but the legislation of the Russian Federation cannot yet clearly distinguish between them. There are still differences, so we will try to highlight what is the feature here.

If in other words, then the pipes from the sewerage systems in the first case will be divided on the basis of ownership, and in the second case, the burden will be placed on one of the parties in order to maintain the water supply and sewerage in good condition.

As for the framework for the distribution of powers, after signing the agreement on balance sheet ownership, they apply only to the house in question. And in the case of operational responsibility, they are negotiated by the decision of the parties of the participants and can be distributed to the whole house, or to some part of the building, where the water supply breaks most often. If the boundaries are not specified in the act, then the form of the contract implies the use of the same rules as with balance sheet liability.

Content of delimitation and liability acts

Properly documenting is very important. If even one mistake is made, then the paper cannot be recognized as valid, which means that it will not have any power. But if you are not a professional lawyer, then do not worry, because the form of this document is quite simple. You can not even download the form of the form, but fill out the paper yourself in a simple written form.

The documents of both samples must list the following information:

  1. Personal information about the parties to the transaction:
  • Name of enterprises;
  • Name of representatives of these companies;
  • Passport information of citizens.
  1. List of points different systems water supply and sanitation, as well as places of accession technical equipment, which keeps track of the amount of resources spent;
  2. Accurate and Full description powers vested in each of the parties.
  3. Schematic description of all communications that pass into partial ownership of the second party;
  4. Other information necessary to clarify the remaining nuances relating to certain circumstances. Also, this paragraph indicates other circumstances of the transaction, revealing the circumstances of the powers granted.

Features of drawing up an act on water supply and sewerage

Water supply and sewerage are services without which modern society won't be able to live. This industry includes the following services:

And also in the document a mandatory condition is an indication of the boundaries of responsibility. In this particular case, they concern the owner of the premises.

  • Hot and cold water risers;
  • Devices that turn off water;
  • Shut-off and control valves on the intra-apartment wiring.
  • Domestic sewerage system;
  • Common sewer riser;
  • Trumpet;
  • Intra-apartment sewer pipelines;
  • Risers heating system and their shutdown devices.

As you can see, responsibility is only for those systems, the operation of which largely depends on people. Such simple problem like a blockage sewer pipe without the presence of a person responsible for this, it can turn from a nuisance into a real disaster. Because the overlap of the common riser carries a shutdown of the service to the entire house. And if it is not possible to find a person who will fix all this, then the blockage cannot be removed even after a month.

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