The procedure for turning off gas for non-payment in a private and apartment building

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Today, gas is the most common source of heat in apartments. It is also actively used for cooking. Therefore, its shutdown could be quite catastrophic. Gas supply can be interrupted for many reasons. However, any disconnection from the main network must take place with prior notification to the user in writing, with the exception of accidents, natural disasters, and emergencies.

In this article we will look at the main reasons why gas may be turned off. In addition, we will tell you when disabling is illegal, as well as what to do in such situations.

Legislation

1. Civil Code No. 51-FZ of November 30, 1994 names the general grounds for concluding contracts, fulfilling obligations, and measures applied to debtors.
2. Government Decree (hereinafter referred to as PP) No. 549 of July 21, 2008 establishes the rules for the supply of gas for domestic consumption. Contains the procedure for turning off the gas supply.
3. PP No. 410 dated May 14, 2013 stipulates the conditions for the safe use of gas equipment in apartment buildings, lists the measures to be taken against defaulters by turning off gas in apartments and their subsequent connection.
4. PP No. 354 dated 05/06/2011 determines the procedure for the provision of utility services. Chapter 11 talks about the right of utility companies to limit or stop providing services to debtors.
5. PP No. 1245 dated November 25, 2016 allows limiting the supply of fuel in case of violation of the terms of the contract.
6. Order No. 92 of Gosstroy dated April 21, 2000 approves methodological recommendations for the use of heating systems in everyday life. Gas is a coolant.

Legal and not so legal shutdown of gas for debts

The rules and conditions for disconnecting the gas supply to debtors are regulated by the PP. Different reasons:

• in case of non-payment of the supplier's services in full or in part for two months in a row;
• if meter readings are not transmitted;
• if the owner of the property does not open the door more than 2 times to the employees of the service company conducting a routine inspection of the equipment;
• use of devices that are not included in the contract and do not meet safety requirements;
• expiration of the service contract for gas appliances;
• expiration of the service life of meters, columns, plates.

It is prohibited to turn off gas to debtors when:

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• there is no other way to prepare food, for example the house is not connected to the electrical network;
• in cold weather, if the house is heated with natural fuel.

Important: gas can be turned off at any time if the debt exceeds 2 months.

What should be the amount and term of the debt?

The government decided that it is possible to disconnect a debtor from gas if he does not pay his bills for more than 2 months in a row. The same applies to situations where payment for services occurs in installments. The amount doesn't matter.

Before applying the measure, the service organization is required to suspend the supply of resources, for example, by specifying the hours when the service will be provided. During this time, the defaulter is obliged to eliminate the debt. If a person ignores the warnings, they are completely disconnected from the gas supply.

An exception to this rule is possible when there is no technical way to stop the fuel supply. Then the gas is turned off immediately.

Can they close it in winter?

Utilities can shut off the gas supply during the heating season, provided that the house or apartment is heated in a way not related to natural fuel, that is, a stove, central water heating, or other types are installed.

In other cases, stopping the supply of a resource is permitted. There are no exceptions here. Living in the debtor's apartment for disabled people, elderly people, or children will not be grounds to cancel the decision of the resource provider.

Whether or not to stop supplying fuel to homes is decided by the service organization. This is a right, not an obligation. Often the issue is resolved individually.

Can they give me an installment plan?

Utilities warn debtors of their intention to stop gas supplies. Time is given to resolve the issue peacefully. To do this, you need to come to the management company, the service organization with which the contract has been concluded, and sign an agreement to pay the debt in installments.

There are different options for resolving the situation. The agreement will have to be strictly observed. Violation of the conditions will give the utility companies a reason to take enforcement action.

Important : gas heating is prohibited from being turned off in winter.

Is it allowed to refuse blue fuel?

Let's find out whether it is possible to refuse gas supply to the apartment for a while, for example, for the period of renovation, or permanently, and how to do this. The user’s right to terminate the contract for the provision of services unilaterally is enshrined in paragraph 51 of PP No. 549. This is possible subject to the following conditions:

• the user has no outstanding payment or has paid it off in full;
• the interested party compensated all the company's expenses for disconnecting the housing from the system.

This option is relevant for cases where the owner does not actually live in the house or apartment, and the premises are empty, or use an alternative energy source. This allows you to save costs on housing and communal services. This option is also applicable in cases where the owner is faced with unscrupulous tenants who evade participation in housing maintenance costs.

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:

1. 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.

1. 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.
2. 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.
3. 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.

Disconnection procedure

The shutdown procedure depends on the location of the apartment or house in which it will occur. If there is access to the debtor's premises, the gas equipment is sealed. Devices are installed that do not allow you to turn on the gas yourself.

When the owner does not allow utility workers into the apartment, house, gas supply will be stopped by disconnecting part of the pipe leading to the defaulter’s premises.

The procedure is formalized by an act, one copy of which is given to the debtor.

In an apartment building

Gas workers put plugs on part of the pipeline leading to the offender’s apartment. It is possible to seal the gas valve in the room.

In a private house

The procedure for limiting fuel consumption does not differ from actions in an apartment. If there are two owners in a private house and it is possible to separate the pipelines, a defaulter plug is installed. It is allowed to block the tap supplying gas to the water heater, stove, or heating system.

In dorm

Disabling a debtor in a dormitory is only possible if gas is supplied to his room. Shared kitchen restrictions are not permitted. Residents pay for resources according to standards. The amount of fuel consumed is divided among all living people.

Only specialists can connect and disconnect the gas supply.

Without warning: legal or not?

Do they have the right to turn off the gas without warning? If an emergency situation has arisen and there is only time to notify the residents and ask them to leave the apartments, then, of course, there can be no question of any written notification. And in this case, the actions of the emergency service are completely legal.

Cases of disconnection without warning are considered illegal if:

• the owner has accumulated debts;
• scheduled repairs of a gas pipe or equipment are planned.

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.

Contacting the gas company

When an illegal gas shutoff is detected, the first thing you need to do is write a statement to the gas service company:

• It is necessary to obtain a written explanation of the actions from the gas workers.
• The application is drawn up in two copies, in it you need to make a claim and demand a return connection to the gas pipeline.
• What is included in the application? This is information about the organization, its leader, a claim against the company. You should indicate the legal acts confirming the illegality of the actions, write about the losses incurred due to the gas shutoff, and the cost of their compensation.
• It is recommended to require an examination.

This application must be reviewed by the gas company within 3-5 days. After the examination (if the company’s guilt is confirmed), the case can be sent to court.

Statement of claim

You can appeal the actions of gas workers in court only if they have violated the law. Resources consumed must be paid in full. Claims regarding the quality of services must be resolved in court. Refusal to pay for low-quality fuel must be formalized correctly. In other cases, the court will side with the supplying organization.

It is also considered an illegal action of the supplier to demand payment of the amount on the receipt, while the user does not actually have a debt.

What to write

There are two ways to go to court:

• in an administrative manner to appeal the actions of gas workers;
• in civil proceedings to recover damages.

In both cases, a statement of claim is written. The difference lies in the requirements.

Claims must include the name of the court to which the appeal should be made. Magistrate judges consider complaints if the value of the claim is less than 50,000 rubles. Be sure to include information about the plaintiff and defendant. Applications to unidentified persons will not be accepted.

The text of the statement of claim describes the situation. You need to start with the date and time of the event. Report disagreement with the actions of public utilities. There must be confirmation of the applicant's opinion. For example: no notification was sent, the debt arose due to technical reasons, the person was not in the city.

The request must be detailed and correspond to the text of the appeal. Administratively, you should ask for the elimination of violations by gas workers. In civil cases - about collecting from them a penalty, damage caused by their actions.

Terms of consideration

The deadlines depend on the type of claim. Civil cases are accepted by the judge for proceedings within 7 days, and the first hearing is scheduled. The consideration ends after studying the evidence and establishing the validity of the plaintiff’s claims.

The judge has 2 months to make an administrative decision.

For how long can gas be turned off for technical reasons?

According to the current legislation of the Russian Federation, when carrying out technical work, the permissible gas shutdown time can be equal to 4 hours within one month. At the same time, for each hour the break is exceeded, the amount of the total monthly payment is reduced by 0.15%.

If we are talking about an accident, the gas supply can be suspended for 24 hours, the supply must be resumed within 2 days.

Shutting off gas for a longer period is considered illegal and may be sufficient grounds for a complaint to the housing authority or the prosecutor's office.

Connecting after disconnecting

The service is activated after the debt has been repaid in full. The supplier will need to bring supporting documents or a letter of guarantee. Installment agreements are permitted. It will also be necessary to pay in full for the work to disconnect and connect the gas supply.

How long will it take for them to connect back?

PP No. 549 stipulates a five-day period for restoring gas supply. Only working days are taken into account. Connection of other services is carried out faster - in 2 days.

Deadlines are provided for situations where the debt is paid in full or an agreement on gradual payments is signed.

Price

How much it will cost to restore the fuel supply depends on the region. You can see the exact amount on the Internet, on the website of the supplier or supplying organization.

The cost depends on the cost of performing work to disconnect and connect the supply. Installation and connection of in-house devices is paid separately.