Can gas be turned off for non-payment: without a court decision, how to connect, what to do

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Reasons for turning off the gas
Procedure for turning off gas for non-payment in a private home
How to resume gas supplies?
In what cases is it illegal to turn off gas for non-payment?

For many people, such an unpleasant moment as turning off gas for non-payment is becoming more and more pressing. This is due to the fact that the total debt for gas consumption is constantly increasing, utility services have begun to have a very negative attitude towards various concessions in the form of deferment of payment, or even its restructuring. In this regard, a decision was made to disconnect gas from consumers who do not repay their debt on time.

Reasons for turning off the gas

Utility resource providers have the right to disconnect a defaulter from the service for non-payment without a court decision. This provision is contained in paragraph 45 of Government Decree No. 549. The procedure can be carried out unilaterally, but before this the debtor must be notified in writing. The document is sent to the defaulter 20 days before the gas is turned off.

Reasons for deactivation may be:

violation of obligations to transmit data on the amount of resource consumed;
providing false information about the amount of gas consumed;
periodic refusals of the consumer to have gas equipment checked by a special service;
gas shutdown due to non-payment for consumed fuel for more than two months;
operation of gas appliances that do not meet established requirements;
lack of contractual relations between the consumer and the fuel supplier;
detection of technical faults;
the occurrence of an emergency at a gas distribution station;
failure of the consumer's gas equipment.

After eliminating the problems that caused the suspension of gas supply, the consumer will need to contact the gas service.

After completing the application, the service will be restored. But the cost of gas connection is borne by the subscriber. To resume gas supply, the entire debt will need to be repaid.

The gas was turned off for debts, is this legal?

Regardless of what was the reason for shutting off the gas in the apartment, the resource supply organization must warn consumers about the upcoming procedure. Gas service employees are required to notify citizens both in case of non-payment and in the event of technical malfunctions. If there is no written notification, then the suspension of gas supply can be appealed in court.

Also, the suspension of gas supply will be unlawful if:

gas does not flow into the apartment building after technical faults have been eliminated;
the consumer has no debt for gas;
the reason for the lack of gas is a violation of the deadlines for technical work to eliminate faults;
when it is revealed that a gas service specialist has abused his powers.

If such circumstances exist, a citizen may apply to the court. At a court hearing, you should appeal the actions of the resource supply organization.

Illegal actions of the supplier

There are often situations where gas supply is interrupted in violation of the rules.

Attention! Such cases most often include a gas supply shutdown when:

the client has not paid the receipt, but he has no debt;
carrying out maintenance work in a residential building that required stopping the gas supply, although the connection was not restored;
as a result of the inspection, it was determined that the gas equipment installed at the client’s premises does not comply with the standards, although the client wishes to dispute this fact;
the period required to eliminate the emergency situation has passed, and the supplier has not resumed gas supply because maintenance work has not been carried out or completed;
the gas was turned off in an apartment building due to the debt of one property owner;
access to the gas meter is not provided due to obstacles or absence of the homeowner;
The homeowner twice refused to have the equipment inspected.

Disconnection procedure

The provision of housing and communal services is suspended without the consent of the defaulter. But before cutting off gas for non-payment, the resource supplying organization is obliged to follow a certain procedure. Otherwise, the debtor should seek protection of his interests in court.

Owner Notice

The document can be sent to the debtor in several ways:

sending to an email address;
personal delivery of notification of suspension of gas supply for non-payment against signature;
forwarding via Russian Post with notification of receipt;
the warning text can be printed on the receipt form for payment for the service;
if the defaulter is registered on the housing and communal services web resource, then a notification can be sent to the portal’s personal account.

The consumer may be notified of the upcoming procedure for non-payment by telephone. The conversation will be recorded.

The document must contain information about the amount of debt. It is also necessary to indicate that the debtor has a 20-day period to pay the debt. The consumer of a utility resource must record the moment of receipt of the notification. This will help you avoid unnecessary complications in the future.

The reply is in process

If there are no payments during the period indicated above, the debtor is given an additional 10 days. If the money is not transferred, then housing and communal services specialists have every right to turn off the gas for non-payment.

Overlap

If the subscriber has not taken any action to eliminate the debt, then the resource supplying organization will carry out the procedure for shutting off the gas legally. After gas supply is suspended, a plug and seal are installed on the internal branch of the gas pipeline. This operation will help avoid the misuse of blue fuel by the defaulter.

Compliance with the above sequence of actions will make the work of the resource supply organization legal. If there is no notification about the suspension of gas supply or a belated warning, the consumer has the right to appeal the shutdown in court. It is also worth remembering that minor malfunctions of the equipment in use cannot become a reason to suspend gas supply.

Is it possible to turn off the gas without warning the consumer?

If certain situations arise, subscribers may be cut off from gas supply services:

technical malfunctions at the gas distribution station;
blue fuel leak detected;
failure of the intra-house gas pipeline, fittings and mechanisms near the apartment building.

Expert opinion

Mironova Anna Sergeevna

Generalist lawyer. Specializes in family issues, civil, criminal and housing law

Only in the above cases is the supply of gas to the consumer suspended at the right time without prior notification. If there are no such circumstances, and the reason for the suspension of gas supply is non-payment for gas or the inability to inspect the intra-apartment branch by gas service workers due to the absence of the owners, then preliminary notification is required. Without it, the actions of the resource supplying organization can be appealed in court.

In a claim, you can demand not only restoration of gas supply, but also payment of material and moral compensation. But the plaintiff will need to prove that damage occurred.

Where to contact if the service is suspended

If the gas supply was stopped in accordance with legal regulations, then in order to connect (if the gas was turned off for non-payment) the debt will need to be eliminated. When blue fuel stops flowing into the house due to circumstances that do not comply with legal standards, the subscriber can do the following:

Submit a written complaint to the resource supplying organization. The text will need to indicate the fact of repayment of the debt with confirming checks. If the reason for disconnection was a malfunction of gas appliances, then you will need to attach evidence confirming their elimination.
You can submit a written complaint to the prosecutor's office. The document can be taken to the reception in person or sent by email. The letter will also need to be accompanied by evidence confirming the subscriber’s correctness (receipts, technical documentation).
Submit the claim to the court. But before that, you need to contact the police to record the fact that the consumer does not have gas. Next, you need to send a complaint to the Society for the Protection of Consumer Rights and the Housing Inspectorate. At the final stage, you can appeal to the magistrates or district court.

Notification

Management companies can influence debtors in different ways: they send notices, suspend services, and collect debts through the court.
If the service organization decides to turn off the gas supply, it is obliged to inform the defaulter. Used:

notification letter;
utility bills. An entry is made in the payment document indicating the amount;
SMS messages, emails, information messages through your personal account on the housing and communal services portal.

Deadlines

Notice periods vary depending on the situation:

20 days before the proposed event in the following cases:

the person does not fulfill the terms of the contract;
does not allow inspectors into the apartment;
uses faulty, untested equipment;
does not pay receipts for 2 months in a row;
did not enter into a service agreement (PP No. 549, clause 46). The violation is associated only with the use of natural fuels.

The violator is given 20 days to repay the debt, after which restrictions are introduced. If a person has not taken measures to resolve the conflict, 10 days after the restriction, the gas is completely turned off (Government Decree No. 354, paragraph a, paragraph 119). The rules apply to all types of utilities that are disconnected for debts.
When an apartment owner violates security requirements, does not allow inspectors in, does not enter into an equipment maintenance agreement, or uses devices that have not passed inspection, utility companies are required to send two notifications. One - 40 days before the planned shutdown. If no action is taken, the second one is sent 20 days before the planned events (Government Decree No. 410, paragraphs 80, 86). In this case, it does not matter whether the debt exists. Violation of the above safety requirements is sufficient.
There is another deadline - 3 days before the fuel supply is cut off. It is provided for by government decree No. 1245 in paragraph 13.

In practice, the debtor is given 2 warnings: 20 days before the gas supply is turned off and 3 days before it.

Is it legal to disconnect for debts without warning?

The government's answer to this question is clear: notification is mandatory. If there was no warning, the gas should not be turned off.

Important: before disconnecting, gas workers are required to send a notice to the defaulter.

How to get an installment payment

To apply for an installment plan or deferment, you will need to have valid reasons why it is not possible to eliminate the non-payment in full within the established time frame.

You should also indicate the reason why disconnection from the resource is impossible. For example, the presence of a baby in the family.

After receiving a request from a subscriber, the gas supply organization can proceed as follows:

Meet the debtor halfway and enter into an installment payment agreement with him. The document must indicate the frequency of elimination of non-payment and the amount of payments.
Refuse the debtor. In this case, the consumer must be sent a written refusal. Next, the subscriber has the right to go to court to appeal such a decision.

What to do if disabled

You need to contact the company with which the contract for gas supply has been concluded.
The resulting debt must be repaid. This can be done in parts throughout the year or all at once. The gas service worker will suggest options for solving the problem.

If you discover that a resource is missing, you can call RSO, the management company. Workers will give reasons for the shutdown.

If you have a debt that is difficult to pay right away, you will have to negotiate. You can write a statement to the gas workers about your readiness to eliminate the violation, indicating the time it will take.

Utilities may offer to enter into an agreement on gradual payment of debt.

In what cases services cannot be terminated

If the consumer has been disconnected from the gas supply, then to protect your interests you should read the Supreme Court Resolution No. 22 of June 27, 2017. This legislative norm reflects the grounds on which the disconnection procedure is carried out. In addition, the document identifies factors the presence of which makes the procedure illegal:

the presence of debt cannot be the only reason for suspension of the service;
if gas has stopped being supplied to the consumer, then it will be necessary to find out whether his rights are being infringed. This refers to the emergence of a threat to the life and health of a citizen.

If there is a small child

The presence of a baby in the family is not a reason due to which the suspension of gas supply would be illegal. The only way to avoid disconnection in this case is to arrange an installment plan (deferment) of payments to eliminate non-payment.

Disabled person

If the lack of gas for a disabled citizen can cause deterioration in health or pose a threat to life, then the actions of the gas service will be declared illegal. To appeal the suspension of gas supply for non-payment, you will have to go to court.

Court

A lawsuit on this issue is drawn up taking into account the requirements of Article 131 of the Civil Code of the Russian Federation. It must contain information about the two parties to the conflict, the essence of the claim, a description of the offense, as well as the cost of this claim. A previously drawn up application to the gas company will confirm the pre-trial consideration of the issue and an attempt to resolve the problem without trial.

The statement of claim must also include the result of the examination and documents for the property where the gas was turned off. An obligatory part of the procedure for filing a claim in court is the payment of a state fee, its amount will depend on the amount of the gas claim.

ATTENTION! These issues are considered by the magistrate. The court has the right to study this case for a month, then it must begin consideration.

Laws

The conditions for supplying and shutting off gas and operating gas equipment are regulated by the following laws:

Federal Law No. 69-FZ “On Gas Supply in the Russian Federation” is the main document that covers most of the issues of providing citizens with resources.
Decree of the Government of the Russian Federation “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings” - establishes the conditions for using housing and communal services, payment for them, restricting access, and more.
Decree No. 410 “On measures to ensure safety during the use and maintenance of in-house and intra-apartment gas equipment” - determines the procedure for turning off gas in the event of emergencies and resuming its supply.
Resolution No. 549 “On the procedure for supplying gas to meet the household needs of citizens” - contains the rules for concluding and suspending an agreement between the supplier and the consumer, and calculating payment.

It is these regulations that providers and customers of gas supply services are required to follow.