Sample application for recalculation of utilities in 2021

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The relationship between utility customers and their suppliers sometimes involves the need to defend their position and prove their legal rights. From the article you will learn in which cases residents have the right to recalculate payments, how to write an application for recalculation of utilities, and within what time frame it is considered. You will also find a sample application for recalculation of utilities, which will help you in drawing up the document.

Where can I recalculate utility bills?

Content

The provision of housing and communal services to residents is carried out on the basis of an agreement between the owner of the housing and the utility company (CP) or management office.

Thanks to this document, each utility consumer can control the correctness of billing. Therefore, if a housing and communal services user does not agree with the invoice for services, he can apply for recalculation to the relevant services: EIRC (unified information and settlement center), HOA (homeowners' association), Gorgaz.

To do this, you need to write an application and attach the relevant documents to it. The application review process can take up to 5 days. At the same time, it must be borne in mind that the money will not be returned to the applicant, but the applicant will simply receive a receipt for the next month with the adjusted amount.

How to correctly write an application for recalculation of utilities in connection with the death of a tenant?

The procedure for paying for housing and communal services is regulated by the Housing Code of the Russian Federation in Section 7, on the basis of which agreements on housing and communal services are concluded between residents and the relevant services of the Communist Party, obliging the Communist Party to provide certain services, and residents to pay for them regularly.

But what if a person dies, and the heirs will be able to inherit, at best, in six months? Should utilities continue to issue bills and if so, can the amount be recalculated for the period?

The answer to this question can be found in Law No. 354 of May 6. 2011. Recalculation is allowed only in relation to water. To do this, you need to write an application to the management company with attached documents confirming the death of the tenant. In this case, payments for services will be recalculated to the citizen who received the inheritance.

An application for recalculation must be made in writing. There is no approved sample of such a form, but it can be obtained from the CP or

The application can be filled out manually on an A4 sheet, in compliance with the rules for drawing up such documents in office work, and it usually contains the following points:

1) “Caption”, which is located in the upper right part of the sheet. Here you need to display the addressee's details indicating:

• KP name.
• FULL NAME. director (if known).
• FULL NAME. service consumer.
• Applicant's residential address.
• His contact number.

2) Below, in the center of the line, the title of the letter is displayed: “Application”.

3) Next, fill out the main text of the form stating:

• Requests for recalculation of fees for a specific type of housing and communal services. Typically, such a statement begins with the phrase: “Please recalculate ...”, with the further designation:
• The period for which services need to be recalculated.
• Reasons for recalculation (in this case due to the death of a tenant).
• Indicating full name deceased.

4) The next part of the application consists of a list of documents that are the basis for submitting such a form.

5) The final stage is to display the date of submission of the document and the signature of the applicant.

You can clearly familiarize yourself with the procedure for recalculating housing and communal services by watching the video.

( Video : “Recalculation for housing and communal services”)

Sample application for recalculation of utility bills due to the death of a citizen

Confirmation of grounds

Each specific case that gives the right to demand a recalculation of utilities requires the presence of evidence. For example, if a family was provided with a subsidy due to low income, the corresponding document must be submitted. Individuals who live below the poverty line can count on assistance from the state if they provide proof of income.

If we are talking about the fact that the service was not provided, or the quality of the service does not meet the standards, one statement about this is not enough. Justice can only be achieved if the necessary procedure has been followed. First, you need to contact the management company with a request to send a commission and draw up an act reflecting the fact of the violation. The appeal can be collective or individual, and the drawn up act confirms not only the fact of your appeal, it contains data that indicates a discrepancy in quality.

Typically, inspectors come with precise measuring instruments. If the hot water turns out to be too cold, they will take a sample and measure it, and the data will be entered into the report. The same applies to the quality of water, heating and other services. It is the act that will serve as evidence and basis for changing payments.

When the consumer was absent, he can prove this fact using:

• Tickets;
• Documents from the place of study or from work (on business trips);
• Hotel bills;
• Passports with exit and entry stamps;
• Certificates from the dacha association stating that the citizen lived at the dacha all summer;
• A document issued by a medical institution, etc.

Evidence must be properly prepared. Typically they include the following information:

• Signature of the person who issued the certificate;
• The seal of the organization itself;
• Date of issue;
• Registration data.

If the homeowner wants to avoid paperwork, he must contact the management company in advance and inform him that he plans to leave. The company will send employees, they will install the fittings, seal them and block the supply of certain services. Upon arrival, the homeowner must contact the management company again.

Recalculation of utilities in case of temporary absence

Residents of houses without installed metering devices, as a rule, pay for housing and communal services according to standards, based on the number of persons registered in the apartment or house. Therefore, if a citizen is temporarily absent from his house (apartment) due to a long business trip, being abroad, or actually living in another house, he receives the right to recalculate utility bills.

To do this, you need to prepare the necessary certificates. If a person lives in another house, then in this case he needs to provide a certificate stating that he pays housing and communal services at the place of actual residence.

Recalculation is carried out if the consumer has not lived in the house for more than 5 calendar days in a row. The payment amount is recalculated in proportion to the number of days the consumer is absent.

Note : In the event of a temporary absence of a consumer, services for general household needs are not recalculated. Also, utility bills are not recalculated if the living space is equipped with individual metering devices.

Sample application for recalculation of utilities due to temporary absence

Grounds for recalculation

Every month, owners of houses and apartments receive bills for utility bills. Tariffs are determined by service providers and management companies that calculate the amounts. These amounts must be paid within a certain period of time. Sometimes consumers are faced with situations that require recalculation of services.

To do this, you need to draw up an application and attach evidence to it that confirms your right to change tariffs. The funds paid are verified on the basis of the application, and the circumstances that arise serve as the basis for the company’s employees to make new calculations. Typically, settlements are carried out by companies that provide services. Many people want to know what the grounds for recalculation may be.

When a consumer pays for a particular service, it is assumed that it was provided efficiently. For example, if there was no hot water for a long period of time, and the color of the cold water was unclear, residents are not required to pay the bills in full.

We advise you to read:

• ✅ If you are registered in one place and live in another, should you pay for housing and communal services?
• ✅ What to do if the hot water is at low temperature?
• ✅ What housing and communal services can you not pay for if you do not live in an apartment?
• ✅ Standard and permissible deviation of hot water temperature

The management company is obliged to recalculate in the following cases:

• The service was not provided. Consumers were left for a long period of time without hot water or without heating. They demanded that a report be drawn up and were able to prove that the service was not provided;
• The citizen was absent. It happens that for some period of time an individual is absent from the apartment and does not use a number of services. If the gap is more than 5 days, the owner may require a recalculation. In this case there is an important condition. A person must prove the fact of his absence, which is 5 days in a row;
• The service was not provided at the proper level, its quality was low. Suppose that hot water flowed from the tap, but it was barely warm and did not meet established standards, the same goes for heating.

Recalculation may be required if one of the residents of the apartment has died, as well as in other cases. It is important to remember that the legislation has defined cases when no recalculation is made for interruption of service delivery. Before requesting a recalculation, make sure you are eligible.

Recalculation of utilities for convicts

If a convicted citizen leaves housing that belongs to him unattended, the court issues a ruling or order to ensure the protection of housing on the basis of clause 2 of Article 313 of the Code of Criminal Procedure of the Russian Federation. Such a document must be sent to the CP to terminate servicing of this apartment, provided that no one lives in it.

At the same time, according to Part 1 of Art. 30 of the Housing Code of the Russian Federation, the owner of the apartment by virtue of Art. 210 of the Civil Code of the Russian Federation is responsible for the maintenance of property that belongs to him. And if he ends up in a place of deprivation of liberty (MPL), such responsibility is not removed from him. Housing Code of the Russian Federation in Part 1 of Art. 153 states that the homeowner is obliged to make timely payments for housing and communal services.

There are no provisions in the legislative norms of the Russian Federation that exempt citizens who are in MLS from paying for housing and communal services.

Thus, if possible, you need to send an application in advance to adjust the accrual of housing and communal services for the period of absence of the apartment owner. If it is not possible to send the application, then after release you will need to provide a certificate from prison indicating the terms of the term of imprisonment, which is transferred to the accounting department of the KP.

Note : The convicted person remains responsible for paying for housing and communal services for the maintenance of common areas. The same applies to housing maintenance services.

Sample

Applications for recalculation of utilities due to non-residence

If a citizen does not live in the apartment to which he is registered, then he needs to submit an application to the management office for a recalculation of payments for housing and communal services. An application for recalculation must be submitted in writing in a free style. Such a document must contain:

1) The introductory part, where a “header” is displayed in the upper right part of the sheet, indicating:

• KP names.
• His legal address.
• FULL NAME. manager (if known).
• FULL NAME. applicant.
• His actual residential address.
• Contact details.

2) The main part, which sets out:

• The fact of absence.
• Period of absence.
• Reason for absence.
• Formulation requesting recalculation of utility bills.

3) The final part, consisting of:

• Applications listing documents confirming absence, including a certificate of payment for housing and communal services at the address of actual residence.
• Dates of the application.
• Applicant's signatures.

In this option, the longest period for recalculating utility bills will be 6 months. After this period, if necessary, a new application for recalculation is submitted.

As evidence, you must provide documents confirming the fact that the tenant was absent during the specified period.

Sample application for recalculation of utility bills due to the tenant not living in the apartment

Application for recalculation of utilities based on meter readings

The main regulatory act regulating the procedure for calculating payments for housing and communal services is Government Decree No. 354 of 05/06/2011, which establishes the rules for the implementation of housing and communal services. Paragraph 59 of the “Rules...” notes that recalculation of payments for water supply may be required if the water meter does not pass timely verification.

Recalculation of water or electricity consumption when equipping an apartment with metering devices can be carried out for the following reasons:

1. When the meter is removed for verification, during the period of its absence, payment for services is calculated based on average consumption for the previous time. The duration of such a period cannot exceed 6 months.
2. If the seals on the meter are damaged. In this option, the owner will have to pay a fine of 200 rubles. If an illegal connection of magnets is discovered, the fine may reach 300,000 rubles.
3. The readings of the device that takes into account the consumption of services in the control room are indicated incorrectly.

Thus, payment adjustments can be made in two cases:

• Based on the meter verification report.
• At the initiative of the consumer. In this option, you need to submit an application to the CP.

The application must be reviewed within 5 working days. If the decision is positive, part of the overpaid amount will be transferred to the next month.

The application form is practically no different from similar applications for recalculation of housing and communal services.

Sample

Blog

I think that it will not be a secret to anyone that Government Resolution 354 is still a “folio”. This document is truly unique, since each reader has his own vision of its application in practice and he sincerely believes that his position is the only correct one. There was no exception in the case of calculating the amount of adjustment of the heating fee in case of “overheating” in the apartment, when the owners complain that the room is not hot according to the rules and the management company (HOA) owes them money for this. This is the situation we will analyze in this article.

Background

:

In one city (the name is not so critical) there is a much-loved state housing inspection, which employs employees who are overly confident in their rightness ( there are definitely good ones among them, but we don’t know them

).

At the beginning of my working career, I myself worked for the state and I can say with confidence that a few months of work for the good of the homeland are enough and your previously unclouded brain refuses to perceive reality in all its splendor and diversity. Being a servant of the sovereign, you stop thinking critically, since you gain power over all these “ghouls” who always want something from you

.

Being the smallest clerk you become the “lord” of souls... If you don’t believe me, turn on the TV)))

Well, that’s not the point – it was hot in one of the apartments located in the apartment building. The owner of the apartment (so as not to find fault - the consumer) turned to the management company (hereinafter referred to as the Management Company), which, as required by the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354 (hereinafter referred to as Rules No. 354), measured the air temperature in the room and recalculated the cost of heating services

.

Initially, 1,320 rubles were charged for heating.

The recalculation was made within the specified amount

.

It seems that the conflict has been settled and evil in the person of the Criminal Code has been defeated. But the stubborn owner, believing, like the hero of a famous cartoon, that it would not be enough, filed a complaint with the GZHI authorities about the “illegal” actions of the management company’s employees.

The GZHI employee demanded that the management company recalculate to “minus”, which actually means that the owner of the premises not only will not pay for the period of violation of the quality of the utility service, but will also receive a kind of income

.

Now let’s figure out why an employee of the Civil Housing Inspectorate needs to go on vacation (I’m not talking about dismissal, since a pension for an official is sacred, and for a pension, unfortunately, you have to work in the civil service).

1. Regarding the procedure for calculating the amount of adjustment of the heating fee.

By virtue of Part 4 of Article 157 of the Housing Code of the Russian Federation, when utility services are provided of inadequate quality and (or) with interruptions exceeding the established duration, the change in the amount of payment for utility services is determined in the manner established by the Government of the Russian Federation.

Requirements for the quality of utility services, permissible deviations from these requirements and the permissible duration of interruptions in the provision of utility services, as well as the conditions and procedure for changing the amount of payment for utility services when providing utility services of inadequate quality and (or) with interruptions exceeding the established duration, are given in the appendix No. 1 to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354 (hereinafter referred to as Rules No. 354).

According to paragraph “c” of paragraph 3 of Rules 354, the provision of utility services to the consumer is carried out around the clock (utility services for heating around the clock during the heating period), that is, uninterruptedly or with interruptions not exceeding the duration that meets the requirements for the quality of utility services given in Appendix No. 1.

As stated in clause 15 of Appendix 1 of Rule 354, standard air temperature: in residential premises - not lower than +18 ° C (in corner rooms + 20 ° C), in areas with the coldest five-day temperature (probability 0.92) - 31 °C and below - in residential premises - not lower than +20 °C (in corner rooms +22 °C); in other premises in accordance with the requirements of the legislation of the Russian Federation on technical regulation (GOST R 51617-2014).

Important clarification: the permissible excess of the standard temperature in the room is no more than 4 °C

, which means that if, for example, the room is 22 °C instead of 18 °C, then
no recalculation is made
.

For each hour of deviation in air temperature in a residential area in total during the billing period in which the specified deviation occurred, the amount of payment for utility services for such billing period is reduced by 0.15 percent of the fee determined for such billing period in accordance with Appendix No. 2 to the Rules, for each degree of temperature deviation, taking into account the provisions of Section IX of the Rules.

Let's look at the situation

:

Standard temperature

according to Rule 354 = 18 °C

Recorded temperature

= 30 °C

Actual temperature deviation from standard

= …

a closer look here

:

Once again carefully

Let's read clause 15 of Appendix 1 of Rule 354:

«in residential premises - not lower than +18 °C

(in corner rooms +20°C), in areas with the coldest five-day temperature (provision 0.92) - 31°C and below - in residential premises -
not lower than +20°C
(in corner rooms +22°C);
in other premises in accordance with the requirements of the legislation of the Russian Federation on technical regulation (GOST R 51617-2014) ."
That is, Rule 354 establishes a “limit” of adjustments for recalculation “downwards”

when the actual room temperature is lower than that established by Rule 354.

In our case, we need a “limit” on the temperature for recalculation “upwards”, since we are experiencing “overheating”. You can find this “limit” in GOST 30494-2011, which directly states that in living rooms the temperature should be no higher than 24 °C (Table 1)

. A similar temperature is given in Appendix No. 2 to SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises”

Tolerance

temperature according to Regulation 354 = 4 °C

Board size

= 1320 rub.

"Calculated" deviation

= 30°C – 24° C –4° C =
2° C
(this is the indicator used for adjustment).

31 days * 24 hours = 744 hours

is the total number of hours in the billing period)

1320 * 0.15% * 2 = 3.96 rub. – maximum possible adjustment size in 1 hour

with a temperature deviation of 2 °C

3.96 rub./hour * 744 hours = 2946.24 rub. – the maximum possible amount of adjustment
for 31 days
with the specified calculation parameters.

note

, with an accrued amount of 1320 rubles.
the GZHI employee demanded a recalculation of 2946.24 rubles, that is, the “gift” to the resident (
maybe the GZHI employee had a share??? ) should have been 1626.24 rubles
.
It's cool, isn't it?

And now to the realities...

The requirement of GZHI regarding recalculation to the maximum possible amount is contrary to current legislation

, since, according to paragraph 98 of Rules 354, “
of inadequate quality
is provided to a consumer in a residential or non-residential premises or for general needs in an apartment building during the billing period ... the amount of payment for such a utility service for the billing period
is subject to reduction until the consumer is completely exempt from payment for such a service
."

In other words, the maximum that a consumer can achieve from a utility provider is the cost of a particular type of utility in this case, the consumer will not succeed.

2. Regarding the procedure for measuring the temperature inside a living space

.

The legislation does not contain a detailed procedure for measuring the temperature inside a residential premises in order to determine a violation of the quality of the provided utility service.

Appendix No. 1 to Rules 354 states that “ the air temperature of residential premises for commercial calculations can be determined with sufficient reliability only by the instrument method in accordance with GOST 30494-96 or Appendix No. 1 of the Government of the Russian Federation of May 6, 2011 N 354

“On the provision of public services to owners and users of premises in apartment buildings and residential buildings” Section VI
.”
In clause 6.8 of GOST 30494-2011 “Interstate standard. Residential and public buildings. Indoor microclimate parameters" (put into effect by Rosstandart Order No. 191-st of July 12, 2012) it is stated that " when manually recording microclimate indicators, at least three measurements should be taken with an interval of at least 5 minutes

, with automatic registration, measurements should be carried out within 2 hours. When compared with standard indicators, the average value of the measured values ​​is taken
.”
Measurement of the resulting temperature should begin 20 minutes after installing the ball thermometer at the measurement point."

.

Based on clause 6.8 of GOST 30494-2011, the procedure for measuring the air temperature in the room should take at least 35 minutes

and the procedure for measuring temperature
after the consumer has provided access to the residential premises
should be as follows:

1) installation of a ball thermometer at the measurement point;

2) wait 20 minutes from the moment the ball thermometer is installed at the measurement point

;

3) taking three temperature measurements at the measurement point with an interval of at least 5 minutes between measurements

;

4) drawing up a report on air temperature measurement;

5) signing an act of measuring air temperature with the consumer.

According to Appendix No. 1 to Rules 354 (a similar norm is contained in clause 6.3 of GOST 30494-2011), the above procedure for measuring air temperature in residential premises is carried out “ in a room (if there are several rooms - in the largest living room by area), in the center of the planes , spaced from the inner surface of the outer wall and the heating element by 0.5 m and in the center of the room (the point of intersection of the diagonal lines of the room) at a height of 1 m

».

Conclusion

: if an employee of the management company comes into the room to measure the temperature,
he can safely lie on the owner’s sofa for 20 minutes, drink tea and listen to stories about thieves in the housing and communal services
. During this time, he and the temperature in the room should “settle down.”

According to clause 6.5 of GOST 30494-2011, the resulting room temperature should be calculated using the formulas specified in Appendix A. Air temperature measurements are carried out in the center of the room at a height of 0.6 m from the floor surface for rooms with people in a sitting position and at a height of 1, 1 m in rooms with people in a standing position, either based on the temperatures of the surrounding surfaces of the fences (see Appendix A), or according to measurements with a ball thermometer (see Appendix B GOST 30494-2011)

.

The above procedure for measuring indoor temperature in an MKD is the only correct one.

Note

:

In parallel with measuring the temperature, it is necessary to draw up an inspection report of the living space for uncoordinated changes in the number, type or power of heating devices

.
If it is discovered that there is an uncoordinated change in the number, type or power of heating devices, this fact must be reflected in the inspection report and recorded by the signature of the contractor’s employees and the owner of the premises
. Drawing up such an act, if there is an indication in it that the owner of the premises has violated the reconstruction of the residential premises, will make it possible to subsequently refuse to carry out recalculation.

Something like this…

Final conclusions:

1) GZHI employees: learn the rules of the law

, which you use to check the management company and the homeowners association.

2) Employees of the management company and HOA: the pawn is good at catching fleas

. Do everything as expected and protect yourself from a lot of problems.

3) Property owners: warmth at home is better than cold

.

Best regards, Yuri Kochetkov.

P/S For particularly stubborn critics and fighters for justice - I do not live in a private house, but in an ordinary high-rise building, therefore, like all of you, I have complaints about my management company. But, I feel sorry for spending my personal time fighting the criminal code, since it is better to spend it on family, friends and hobbies. Peace to you)))

You can discuss the article and ask questions on our forum or use the form below.

Recalculation for poor quality provision of utility services

If utilities are not provided in accordance with the required quality, then in this option, recalculation of housing and communal services is also allowed. For example, garbage has not been collected for a long period or the hot water temperature is not normal.

To recalculate a low-quality service, you must submit an application for recalculation. If the service provider does not respond to the complaint, the following procedure will need to be followed:

1. Submit a written complaint to the service provider.
2. Call CP representatives and carry out control measurements and draw up the appropriate report.
3. If the supplier does not agree with the applicant’s arguments and does not draw up a report, the consumer can contact Rospotrebnadzor.

Sample

What to do if they refuse to recalculate water bills

Cases of refusal to carry out recalculation are not uncommon. Very often, utility companies unreasonably ignore the need for recalculation.

To prove that you are right, you need to receive an official refusal from the resource provider, containing the reasons and grounds. Next, with the received paper and available documents, you can apply for protection of your rights to the following government authorities:

1. State Housing Inspectorate of the Russian Federation.
2. Rospotrebnadzor.
3. Prosecutor's Office of the Russian Federation.

To substantiate your case, you will need to attach all supporting papers and calculations made. The result of the appeal will be an investigation initiated by the government agency, as well as a decision made based on its results.

If it is not possible to receive a paper with a refusal to recalculate, or utility workers simply ignore receiving an application from the consumer, in a complaint to the supervisory authority it will be possible to indicate this information, and also add that the recalculation is not carried out unmotivated and unreasonable.

The final authority where you can turn to protect your rights will be the court. However, filing a statement of claim there must already take place according to the standards established by the current Code of Civil Procedure of the Russian Federation. Judicial practice on this matter is quite extensive and very often courts oblige companies to recalculate.

Documents for recalculation of utility bills

To recalculate payments for housing and communal services, you will need the following documents:

1. A copy of the travel document certified at the place of work.
2. Certificate from a medical or sanatorium-resort institution (in housing and communal services and in Gorgaz).
3. A copy of a personalized travel ticket, certified by a notary.
4. Receipts for accommodation in hotels and hostels.
5. A certificate issued by the chairman of the gardening partnership.
6. Copies of travel vouchers for children on vacation.
7. Certificate from the police station about temporary registration at another place of residence.
8. Certificate from the security company providing security services to the residents of the building regarding the absence of the resident.

Note : All copies of documents (except for travel tickets) must be signed by the heads of the institutions that issued them and sealed. If any document is drawn up in a foreign language, then it must be translated into Russian, with the translation certified by a notary.

Deadlines for submitting an application for recalculation of utility bills

According to paragraph 91 of Section VIII of Government Resolution No. 354, citizens can submit an application for recalculation of fees for housing and communal services in the following order:

1. Before the start of temporary absence. In this case, the application must be considered within 5 days from the date of the applicant’s application.
2. After returning from a trip. In this case, an application for recalculation of housing and communal services can be sent no later than 30 days after its return.

Moreover, if the application is submitted before the temporary absence of the tenant begins, then recalculation can be made for a 6-month period. At the end of this period, you will need to submit a recalculation application again.

How quickly do you recalculate utility bills?

By law, a correctly completed application is considered within 5 working days. It is important to submit your application within 30 days of the date of grounds. You will see the results of the recalculation in the receipt for the next month.

If you apply before departure, you will only be counted for 6 months of absence. For a longer recalculation of utilities, you will need to return and submit the application again 6 months after the first application. You will be denied a recalculation if you miss the application deadline. However, if there is a good reason, this situation can be challenged in court.