Resolution No. 354 on recalculation of heating fees

In the absence of heat supply to housing, even for a short period of time, this becomes the basis for recalculation, since heating radiators may not heat enough. This situation indicates that the owner received a service of poor quality. This is also a reason for filing an application with the Criminal Code. However, in order to make a claim, it is necessary to provide evidence of a decrease in the temperature in the premises.

The main regulatory act regulating the recalculation is Government Resolution 354 (last amended in 2020). The document describes the legality of the requirements, explains the nuances of issues related to payment for housing and communal services, and also provides methods. Despite the current provisions of the PP, representatives of management companies often refuse to recalculate heating costs.

For your information: utility companies generally adjust the amounts in receipts at the end of the reporting period, i.e. once a year.

Application for recalculation of utilities

The possibility of recalculating utility bills due to the temporary absence of a tenant is enshrined in the legislation of the Russian Federation. In accordance with the law, you can write an application for a reduction in the cost of rent due to departure if the tenant was absent for more than 5 days.

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Please note! In accordance with legal regulations, recalculation can only be made for the last 3 years. This rule will apply even if much more time has passed since the death of the tenant.

Grounds for recalculation for heating

Based on PP No. 354, we highlight the main points according to which the utility consumer has the right to demand recalculation for heating:

1. The provisions of the document indicate that temperatures below the norm of +18 degrees in MKD rooms are unacceptable throughout the entire season. A limit of 20°C is set for corner rooms.
2. Depending on the region of residence, environmental conditions may be less than -31°C. In this case, the indicators increase by plus two degrees.
3. If a heating blackout occurred due to an emergency, then the period of absence of heat in the apartment cannot exceed a total of 24 hours in 30 days. Along with this, the law establishes that a one-time shutdown cannot last more than 16 hours.
   

   Note: if the thermometer is not lower than +12°C, then recalculation will be refused.

4. There is a standard for temperature conditions, which indicates that a general increase is allowed by four degrees, and a decrease at night by no more than 3°C.

Watch the video: “Features of recalculation for heat supply and hot water supply.”
A recalculation of heating fees can be demanded if a citizen has noticed that the resource does not meet established standards. For this purpose, a complaint is filed with the Criminal Code servicing the MKD.

In addition to the application, you will need to create an act that records the violation and indicates the following characteristics:

• time;
• date of;
• temperature indicators.

The owner may seek adjustment of payment for the service only if there are established deviations from the norm during the period of service provision. That is, the property owner needs to draw up such a document every month.

In 2013, at the legislative level, the process of recording a lack of heating or non-compliance with requirements was simplified. So, if a citizen sends an application to an organization, then company representatives are required to visit the address within 120 minutes to draw up a report.

In the absence of feedback, the owner has the right to create his own document. In order for the tenant’s actions to be justified, he must attract two witnesses and an official - neighbors and the building manager. The period recorded on paper is the starting date of the violation, in connection with which a recalculation can be demanded.

Rules for filling out an application for recalculation of heating costs

Before drawing up an application for recalculation of heat supply fees, you must attest to the fact of poor quality provision of this service. The supporting document in this case is an act that can be drawn up by representatives of the Housing Office or the Management Company.

The standard sample application for recalculation of heating fees should contain the following items:

A correctly filled “header”. It indicates to whom the statement is being seized and from whom;

List of attached documents. The main basis for recalculation of heat supply is the act drawn up in advance. It is important that it is written correctly and without inaccuracies.

The last point is more important than filling out a sample application for recalculation of heating fees. The technical component of the issue is decisive. Therefore, it is recommended to first consult with the Housing Office or the Management Company, providing them with a copy of the document.

The time for making a decision on recalculation for lack of heat supply is 10 working days. Additionally, you can attach independent calculations to the document. This will add significance to the document compiled and will, to some extent, serve as a reference point when making the final decision.

When submitting an application for recalculation of utility bills for heat supply, you must request a copy, but with the “wet” seal of the organization. You also need to find out the entry number when registering the application.

Procedure and timing of recalculation

Owners of apartment buildings, in accordance with Article No. 161 of the Housing Code of Russia, are required to choose a method of managing common property:

• UK;
• HOA
• cooperative

Therefore, the claim is sent to one of these structures, on whose balance sheet the house is listed. Within the framework of the legislation, the body is the executor of housing and communal services. Accordingly, bears responsibility for the provision of services in the proper volume and quality.

In a situation where, at a general meeting of the owners of the house, a decision was made on the direct management of the common property, the interested person must contact the RSO.

The decree of the Government of Russia (subsection “k” of paragraph No. 31 of the Rules) establishes that feedback on citizens’ appeals should be no more than 3 working days. The calculation date begins from the moment the application is registered in the journal.

Who is responsible for making payment adjustments?

Until 2021, adjustments to heating fees were practically not carried out by utility companies. If recalculation for heat was done, it was only at the request of the owner. This situation occurred everywhere, since there was practically no control over firms by supervisory authorities, which made it possible to regularly violate laws and the rights of citizens.

In fact, management companies or, in some cases, resource supply companies are responsible for recalculating heating costs. However, the consumer can apply no more than once in 12 months.

Calculation example for subsequent adjustments

Heating recalculation according to Resolution 354 must be made according to the formula. This calculation method is used for apartment buildings and premises without individual meters for the consumption of thermal resources.

P=Si x N x T,

Where:

• P – amount indicated on the receipt;
• Si – square footage of the apartment;
• N is the current standard in the region for resource consumption;
• T – tariff established by RSO.

The legality of recalculation for heating is determined by a number of indicators:

• total heat supply use for the previous reporting time;
• in the case where the IPU did not work for all 12 months, but only for a specific period, then the volume is calculated on the basis of the contract;
• the amount of resource consumption is divided by the area of ​​​​all real estate objects according to the apartment building.

Recalculation example:
The heating meter showed that resource consumption over the past 12 months. amounted to 900 gigacolors. According to the technical document, the area of ​​the apartment building is 5490 m2, excluding the basement, attics and other utility rooms.

In accordance with the formula, the monthly calculation is as follows: (900/5490)/12 = 0.013 Gcal.

The calculation showed that the volume of heating consumption is divided by a year, so here the characteristic is used for one segment, i.e., for a month. The value of 0.013 will be used for subsequent payments.

If you have a common house meter

Recalculation for heating in the presence of a common building meter, in contrast to the individual unit, occurs on the basis of a redistributed resource to a specific apartment. Thus, the owner will only pay for the heat consumed.

The updated 2021 edition of PP No. 354 states that the procedure for calculating fees for resources is possible based on meter readings if they are installed in 50% of apartments. Previously, the formulas for the IPU and the distribution system were the same.

Application for recalculation of electricity charges sample

I was verbally told that in my apartment, the commission allegedly recorded not just one person, but people living there. There was no response to my application for recalculation of payment for the use of utilities from the year. In accordance with clause 1 of Article 157 of the Housing Code of the Russian Federation: “The amount of payment for utility services is determined based on the readings of metering devices.” According to Art. 32 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the consumer has the right to refuse to fulfill the contract for the performance of work (rendering services) at any time, subject to payment to the contractor for the expenses actually incurred by him in connection with the fulfillment of obligations under this contract. In accordance with subparagraph d) of paragraph 31 Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by the Decree of the Government of the Russian Federation dated 05/06/2021.

Independent quality measurements are not recognized by managers, so they must be carried out by specialists. During measurements, water pressure, chemical composition, transparency, and hot water supply temperature are assessed. If you have any doubts about the quality of water, you can contact Rospotrebnadzor. Electrical assessments measure voltage and current. Where to contact? An application for recalculation is submitted to the management company or directly to the company providing housing and communal services. Details for the application are in the payment receipt. In case of poor-quality provision of services, it is possible to contact Rospotrebnadzor or the Housing Inspectorate.

Heating recalculation algorithm

Recalculation for heating according to Resolution 354 is carried out on the basis of a submitted application. Depending on the current tariff, payments for the resource consumed are calculated. However, it is possible to calculate the payment if the air in the apartment reached the optimal temperature and the radiators were quite warm. Measurement is carried out using professional tools.

Rules for drawing up an application

The current legislation does not provide for a mandatory application form.

The document is drawn up in free style and you need to write the following information:

1. The name of the utility supplier or contractor.
2. Full form of the head of the structure and address.
3. Applicant details – last name, first name, patronymic, registration/registration, phone number.
4. In the middle is the name of the paper – “Application”.
5. In the main text you should write about the reasons for the application, the circumstances, indicate a link to the law and the grounds for adjustment.
6. It is necessary to have an evidence base, i.e. an act is attached.
7. Date and endorsement.

Sample application for recalculation of heating costs.

Complaint about illegal recalculation of heating costs

There are often situations where it is difficult to get feedback from the responsible company. Sometimes utility workers take several months to consider a complaint.

Therefore, in such a situation, as well as when the following circumstances arise, it is necessary to complain to the housing inspectorate and other supervisory authorities:

• incorrect recalculation;
• The management company began to charge amounts in excess of the consumed norm;
• poor quality service (for example, cold radiators during the heating season);
• and other.

The claim is drawn up according to a single standard, indicating the details of both parties. In the main text field, the citizen states a request to understand the current situation and attaches documents.

Complaint about illegal recalculation of heating costs to the prosecutor's office.

Statement of claim for recalculation of utility bills for heating

If a refusal to recalculate heat supply is received, the owner has two options what can be done:

• contact the supervisory authorities - GZHI, Rospotrebnadzor, prosecutor's office;
• write a statement of claim to the court.

There are provisions in current Russian laws on the basis of which the homeowner has the right to demand adjustments for the resource used. As a rule, this is low quality, an illegally charged overpayment or a large amount of consumption. In any case, the application should be completed correctly and accompanied by evidence.

Template for a lawsuit for recalculation of heating costs.

Required documents

Heating recalculation according to Resolution 354 is carried out on the basis of the application and the attached evidence base.

As a last point, the following documents can be attached:

1. A certificate indicating ownership of the property, a registration certificate or an extract from the Unified State Register. Any document of your choice that allows you to determine the square footage of the apartment.
2. Information from the housing inspection or court order.
3. An act of inspecting the rooms to determine the quality of the services provided, i.e. you need to confirm that it is cold in the apartment.
4. Papers indicating the elimination of an emergency in the main line of an apartment building (requested from the Criminal Code or RSO).
5. Other documents relevant to the case.

The procedure for recalculating heating fees: regulations, rules for drawing up an application

• Large heat losses in the apartment . They may be due to poor quality window or door structures, or the lack of an insulating layer on the walls. But at the same time, the heat transfer of heating devices must be at the required level;
• Air locks in risers . This is also a controversial issue regarding recalculation for lack of heating. To remove air pockets from a single-pipe system, representatives of the housing office must be provided with access to the apartment where they are located. This is not always possible;
• Reduced heat transfer in radiators . This is also a controversial issue regarding the recalculation of utility bills for heating. Nominally, housing office workers should monitor the condition of heating appliances. But they can say that the owner was not at home at the appointed time. Often a compromise is found by temporarily installing flush taps.

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The last point is more important than filling out a sample application for recalculation of heating fees. The technical component of the issue is decisive. Therefore, it is recommended to first consult with the Housing Office or the Management Company, providing them with a copy of the document.

The emergence of controversial situations and their resolution

Despite numerous acts and legal documents, as well as norms, consumers continue to face unlawful actions on the part of the management company. Often the owner, when requesting a recalculation of heating fees, receives an unmotivated refusal.

Insulation of housing stock

When to request a recalculation for housing and communal services.

The Housing Code and PP No. 354, 491 indicate that it is necessary to distinguish between the concept of space inside an apartment and the common property of an apartment building. Thus, the management company is responsible only for the house as a whole, but is not authorized to monitor intra-apartment comfort. However, in both cases, maintenance is carried out at the expense of the owners.

The insulation of a separate room is carried out independently by the owner. But if there are complaints from the majority of apartment building residents about the cold in the rooms, an inspection is carried out. When non-compliance with standards is established during the activities, a recalculation is made for heating services, provided that the owner has taken measures to insulate the facility.

Air in risers

If there is air in the resource supply system, recalculation is often not done, since the management company employees deal with the problem on a regular basis. But if these procedures are not carried out, then the owners have the right to demand an adjustment of payment in receipts.

Procedure for flushing heating radiators

As a rule, such a clause appears in the contract for the maintenance of an apartment building. This is due to the fact that heating is a common phenomenon if radiators made of cast iron are installed. The management company is obliged to provide the owners with a systematic supply of heat (24/7) of appropriate quality during the season. Therefore, such a procedure is included in the contract with the management company and, often, does not require recalculation.