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.
What should I do to review my payment?
If the management company does not take the initiative, then the citizen must independently protect his rights.
The procedure for obtaining a revision of the amount in the receipt for the billing period:
- Collection of documents and evidence.
- Drawing up an application.
- Submitting a complaint to the authorized body.
- Getting a response.
- Going to court.
The right to apply for recalculation is vested in the owner of the residential premises or his representative. Moreover, the representative must confirm his authority with a notarized power of attorney.
Where to contact?
Initially, you need to contact the management company. Filing a complaint with other authorities will require a response from the organization that is obliged to control the process of providing utility services.
Even if there is no response, it is necessary to provide evidence that the citizen tried to resolve the situation peacefully.
Required documents
List of documents for filing a complaint:
- the applicant's civil passport;
- title documents for the premises;
- payment receipts;
- thermal energy consumption metering protocol;
- act of acceptance and delivery of thermal resources;
- a document regulating heating tariffs in a populated area;
- data on the volume of transferred thermal energy;
- a copy of the agreement with the supplier (you can find out more about concluding a heat supply agreement here);
- act on detection of violations.
Most of the listed documents must be requested from the management company. In case of refusal to provide information or ignoring the request, the citizen may go to court.
A mandatory document for recalculation is an act of improper provision of services.
The document can be drawn up by representatives of the management company or the owner personally in the presence of 2 witnesses (not relatives).
As witnesses, you can involve the senior person in the building, the chairman of the house council.
How to write an application?
An application for recalculation of heating charges must include:
- name of the management company;
- applicant's details (full name, address, contact phone number);
- document's name;
- reasons for the recount;
- deadlines for making a decision;
- consequences of failure;
- list of documentation;
- date and signature.
The consequences of refusal include an appeal to Rospotrebnadzor, the prosecutor's office and the court.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 350-14-90
Sending documents
If you send an application, you must obtain proof of its delivery. The following delivery options are provided:
- Personally. The documents and application are handed over to the secretary. A copy of the application is affixed with a receipt mark and the seal of the organization.
- By letter. You must select registered mail with return receipt requested.
Duration of the procedure
Based on Art. 31 Federal Law No. 2300-1 of 1992, the management company must provide a response to the application within 10 days of receipt of the document. The calculation of the period begins from the moment of delivery.
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:
- 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.
- Depending on the region of residence, environmental conditions may be less than -31°C. In this case, the indicators increase by plus two degrees.
- 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.
- 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.
Adjustment by the resident
The owner has the right to initiate recalculation if the management company does not fulfill its obligations properly. Art. 157 of the RF Housing Code provides for the possibility of recalculating heating fees in the following cases:
- the service that was provided did not meet the standards;
- the service was provided with interruptions longer than those established by law.
Calculation of utility bills should be based on meter readings. In their absence, standards are taken as a basis. In special cases, increasing factors may be applied.
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 2022, 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 2022 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.
How is the fee adjusted according to Resolution No. 354?
During the calendar year, payments for heating are made evenly, in accordance with the formula established by Government Decree No. 354 of 2011. In case of changes in heat supply, the following recalculation options are provided:
- by virtue of the law (Government Decree No. 354 of 2011 and Article 157 of the Housing Code of the Russian Federation);
- at the request of the owner.
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:
- The name of the utility supplier or contractor.
- Full form of the head of the structure and address.
- Applicant details – last name, first name, patronymic, registration/registration, phone number.
- In the middle is the name of the paper – “Application”.
- 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.
- It is necessary to have an evidence base, i.e. an act is attached.
- 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:
- 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.
- Information from the housing inspection or court order.
- 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.
- Papers indicating the elimination of an emergency in the main line of an apartment building (requested from the Criminal Code or RSO).
- Other documents relevant to the case.
Responsibility for incorrect calculation of utility bills
If the management company incorrectly calculated the payment for services upward and there was no reason for this, then it is obliged to pay the subscriber a fine. To do this, the recipient must contact the supplier with a written application. The fine is half of the overstated amount. The management company must return the overpayment itself.
After the application, the supplier has 30 days to verify the accuracy of the accrual and inform the recipient of the refusal or consent to pay the fine. If the management company admits a mistake, it is obliged to send a fine to the subscriber’s account within two months as payment for future services or repayment of a debt, if any.
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.
Reasons for reducing or increasing the amount of payment
Aspects of the relationship between residents and utility companies are regulated by the basic industry document - the Housing Code of the Russian Federation, as well as by Decree of the Government of the Russian Federation No. 354, which describes the procedure for making recalculations. According to the law, you can pay less than the accrued amount for utilities:
- having received benefits for certain categories of the population - veterans, disabled people, Chernobyl victims and others;
- Having applied for a subsidy, the family living in the apartment must be recognized as low-income - for each family member of the total income there is less than one subsistence minimum established in the region.
Payments may increase subject to:
- increasing the number of residents registered in the apartment, for services that are charged according to the number of people;
- tariff increases in the region;
- when formalizing a restructuring, the amount of debt is added to the monthly payments;
- if the management company made a mistake in the calculation.
Upon receipt of a receipt in which the payment amount does not coincide with the usual one or the indicators of the metering devices, residents may request a reconciliation from the Management Company.
