10 changes in the housing and communal services sector that have already entered into force on January 1, 2021.

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“Now I have turned my additional attention to housing and communal services. This is an industry without the restructuring of which it will be impossible for us to achieve the indicators of the national project “Housing and Urban Environment” of 1 billion square meters and improve the quality of the urban environment by one and a half times. We, while building housing, must pull out a whole number of other areas like a “locomotive,” RIA Novosti quotes Marat Khusnullin.

The Deputy Prime Minister's proposals are quite clearly divided into two directions. One thing: to find something else to build, or rather, in place of what.

“Now we need to decide on a further program for relocating emergency housing. New approaches are needed, because from year to year the area of ​​emergency housing in the country is growing,” said the Deputy Prime Minister. “We need to understand which housing needs to be overhauled, which needs to be reconstructed, and which needs to be demolished,” he reasonably noted.

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The second task outlined by the Deputy Prime Minister is, apparently, of a completely objective nature: the authorities must decide what to do with utility networks that are 60% worn out - water supply systems, heating networks. “You can’t hang new buildings on leaky networks. The “60 plus” program for modernizing the engineering infrastructure, alas, has not yet been fundamentally confirmed by money; the need for money in the country is estimated at more than 1 trillion rubles, and we are giving 5-10 billion rubles,” Khusnullin said.

But problems with, so to speak, the everyday basis for investment have not gone away. Not everything can be collected from residents. “Unfortunately, the collection of money in many regions is not one hundred percent.” This explains the fact that “plus investment programs are not being fully implemented.”

“That is, resource suppliers include money for repairs in the tariff, but because they cannot collect the money, the facilities are not repaired on time,” the Deputy Prime Minister concluded.

In general, even if this does not interfere with the construction of new houses, the quality of the urban environment cannot really be improved by “one and a half times.” Certain reasons led to the fact that the Deputy Prime Minister decided to take on housing and communal services too. And by the end of 2021, the authorities will prepare a concept for restructuring the housing and communal services system - as part of a joint strategy for the development of the construction industry and housing and communal services.

This concept, according to Marat Khusnullin, will be approved in the first quarter of 2022. He concluded that the industry “has accumulated a large tangle of problems that need to be solved.”

Latest changes for 2021

Existing legislative acts are constantly being reformed and supplemented, which leads to their significant adjustments. It is not always possible to keep up with rapid changes in a timely manner, which sometimes leads to unpleasant financial consequences. Paragraphs of Decree number 354 with the latest amendments of 2021 on public services have been revised in the following paragraphs.

Clause No. 3 “Conditions for the provision of CG”

Utility packages are provided to citizens starting from the day the permit is delivered to the person:

1. Which ensures the construction of a high-rise building, for the commissioning of this building. Or to the developer in relation to MKD apartments that were not transferred under a transfer document or other similar act.
2. Which ensures the construction of an apartment building for the commissioning of the building. But this does not happen before the apartments in the building are accepted on the basis of the relevant papers. This applies to the person who signed the transfer or other acceptance documents from the developer for this premises.

The paragraphs were introduced by RF PP No. 1498 of December 26, 2021.

Clause 31 “Obligations of the performer”

The service provider is obliged:

• independently or with other involved persons, carry out maintenance of general building engineering communications, with the help of which utility services are provided to citizens;
• the work carried out by the performers must be permitted by the laws of Russia;
• calculate the amount of payment for services provided if the regional executive authority has made a decision to establish a social standard;
• if such grounds exist, recalculate the amount of payment;
• check the correctness of accruals for household services, debts or overpayments, penalties and issue the owner of the rooms with a written response certified by the head of the company;
• take readings at least once every six months from apartment metering devices, distributors located outside the premises, and check the described devices;
• monitor the condition of individual measuring devices and distributors within 10 days after receiving a corresponding application from the user;
• set the amount of payment for heating, cold and hot water, electricity based on data from household metering devices.

The procedure for taking and transmitting meter readings

The supplier is obliged to notify subscribers by posting information on the official portal or counter, or once a quarter to supplement payment documents with the following information:

1. About cases of hacking of metering devices located in an apartment or non-residential premises, which resulted in distortion of information, illegal connection of various equipment to house utilities.
2. Information about the resident’s right to contact the housekeeping service for installation of an individual meter. The notification is due to the country's legislative acts on energy saving and the provision of installment plans for financial support for installation work.
3. The procedure and type of payment for utility services, possible consequences in case of incomplete receipt of contributions.

When making a regional decision on establishing a social norm for electricity for old-age and disability pensioners, the information is supplemented by the conditions for obtaining it and in its tariffs.

The apartment owner or tenant must inform the service provider about changes in the number of activated persons in the premises and enter into a written agreement with the resource-supplying structure. The latter, in turn, puts the accounting device into operation after verification, replacement or repair.

Clause 44 “Amount and calculation of fees for housing and communal services”

If home or apartment devices keep timely records of resources, then payment for them is made for each period. The general indicator of household needs is distributed among all residents.

Clause 54 “Nuances of calculating fees when the contractor independently produces utilities. Determining the amount of fees for housing and communal services”

Payment for the household package is based on the readings of an individual or household appliance for a period not exceeding 6 months. If the heating period lasted less, then the payment is calculated for the actual supply of the resource, but not less than three months.

Calculation of the heating fee

If the device fails or its service life expires, payment begins from the moment the event occurs according to the norms of average monthly consumption. If the heating period was less than 3 months, payment is made in accordance with clause 42(1) of the Rules.

Clause 62 “Actions of the contractor in case of unauthorized connection of the consumer’s indoor equipment”

In case of unauthorized connection to utility packages of non-residential premises, their resulting volume is determined by the performing organizations according to the rules of illegal connection.

P. 81 “Equipping residential or non-residential premises with metering devices and putting them into operation”

To enter, after installation, metering devices, the owner of the premises must submit an application to the work contractor.

The document reflects the following data:

1. For an individual – full name, identity card details, contact phone number; legal – name of the enterprise, state registration number.
2. Estimated date of commissioning of the meter.
3. Factory identifier of the device, its type, installation location.
4. Name of the organization supplying the device.
5. Meter readings at the time of installation.
6. Time for next check.

The attached copy of the technical data sheet of the device is a supplement.

The device is put into operation no later than the month following the installation of the device. Then the utility organization charges the amount payable for using the service from the beginning of the month that follows the commissioning of the meter.

Upon receiving an application, the structure considers the date specified by the application or agrees with an individual or legal entity on a new one. A proposal to reschedule installation is sent to the customer within the next three days, but must be approved within 15 working days after receiving the application.

Start-up and adjustment measures are carried out only after the following data has been clarified:

• compliance with the serial number of the device specified in the passport;
• identity of the meter and technical documentation, configuration, installation diagram;
• meter functionality.

If any item does not correspond to the listed factors, the installation organization has the right to refuse to install the measuring device.

After checking the functionality of the devices, the utility service issues an act for putting the meter into operation.

New rules for the provision of housing and communal services

The document contains the following information:

1. Time, date, address of introduction of the accounting unit into service.
2. Full name and position of all persons involved in the execution of the work.
3. Serial number of the device, its type and installation location.
4. Locate the area on the device where control seals are installed.

The last item is the date of the next inspection.

The act is drawn up in two copies, with the signatures of the counterparties, and the commissioning of the device is free of charge.

The device must be protected from unauthorized intervention and is considered non-functional under the following circumstances:

• no display of measurement results;
• damage to seals and inspection signs;
• presence of mechanical defects;
• exceeding the established error;
• violation of the device control period.

If one of the specified points is identified, the user is obliged to inform the business structure about this, along with the readings of the meter at the time of the breakdown. The latter must carry out repairs or replacement within 30 days after the malfunction occurs.

If dismantling of the device is necessary, the contractor is notified of the visit two working days in advance.

Clause 86 “Procedure for recalculating fees for utility services in the absence of a consumer”

If there are no measuring instruments in the residential premises or they cannot be installed, recalculation of the amount of utilities is carried out only after documentary confirmation of the absence of persons in it. The reasons must be acts of force majeure.

clause 119 “Suspension of the provision of housing and communal services”

The rules for the provision of utility services indicate that in case of non-payment of the debt, the resource supplying organization suspends supply until the debt is completely eliminated. This occurs after notice has been sent to the defaulter and a 10-day restriction period has been imposed.

The exception is the heating resource and cold water supply. Disabling them may affect the deterioration of the sanitary standards of the living family.

Difference between utilities and housing services

As mentioned earlier, the list of utilities is limited to 7 items and includes the resources necessary for the life of users and owners of apartment building premises. Housing services are somewhat different from those described above and include:

• provision of residential and commercial premises for permanent/temporary use;
• maintenance, current and major repairs of common building premises and communications.

Thus, fees for housing services include payments:

• for the use of the premises (for tenants);
• for the management and repair of apartment buildings.

Attention
Since 2021, on the basis of Government Decree No. 1498 of December 26, 2016, the payment of ODN is related to housing services (previously this payment was related to CU).

Charging Rules

Payment for housing and communal services consists of several parts.

First of all, these are utilities that are provided to residents. This includes the supply of water, gas, heat, and electricity. The size depends on the tariffs set by the contractor. They are determined based on the terms of the concluded contract, the requirements of current legislation, as well as the region in which the housing is located.

The final amount is determined according to the readings of metering devices provided by the user or taken by the contractor for the reporting period. The duration of the latter is one month. In this case, the amount of payment may be reduced. The reasons include temporary, more than five days, absence of residents, repair and maintenance work, a long break in the provision of services, their inadequate quality, change in the type of use of housing.

Payment costs also include payments for the provision of housing services. These include: use of premises on a rental basis, maintenance and repair of housing, removal of solid and liquid household waste. The amount of payment for housing services also depends on the basis on which a person uses the premises. If this happens as part of a rental agreement, then residents will pay a fee for the use of the premises, its maintenance and ongoing repairs.

For a homeowner, the costs are somewhat different. He bears the costs associated with maintenance and repairs. But this applies not only to residential premises. This also includes common property - building structure, staircases, corridors, attics, basements, utility systems, garbage chutes, elevators, dryers.

These expenses are summarized for the accounting period. The final figure is the final payment amount. Funds must be deposited no later than the tenth day of the month following the reporting month. In this case, the management company must inform residents about the amount of payment no later than the first day of the month, after the end of the reporting month. Existence of debt and non-payment is punishable by penalties.

Functions and responsibilities of housing and communal services for the provision of public services

Providing an apartment building with utilities of appropriate quality and in the required volume in 2021 is the main responsibility of the management company, HOA or cooperative. Thus, the main functions of housing and communal services include:

• control over the quality of services provided and the timeliness of their delivery by the resource supplying organization;
• calculation and acceptance of payments for utilities, monitoring the timeliness of receipt of funds from premises owners;
• distribution of funds received, searching for counterparties, concluding contracts, drawing up estimates;
• creating conditions that ensure efficient and safe operation of premises located in apartment buildings;
• interaction with CG users, resolving controversial issues, considering complaints and suggestions.

Why can you file a complaint about the provision of utility services?

Utility users who are not satisfied with the quality of the supplied resources in 2021 have the right to file a complaint against the management company, HOA, cooperative or organization providing utility services. As a rule, there are a number of reasons for this:

• Interruptions in the supply of cold and hot water exceeding the legally established duration. Lack of water supply for more than 24 hours is grounds for contacting the organization that manages the apartment building.
• Supply of cold water of inadequate quality (containing harmful chemical elements and microorganisms). In this case, it is advisable to support your appeal with the opinion of an independent expert who examined samples taken from the internal water supply system.
• Interruptions in electricity and gas supply for a period of time exceeding legally established standards.
• Supply of gas of inadequate quality and in quantity insufficient for comfortable consumption by all users.
• Delay in heating supply. As a rule, the heating season begins at a time set individually for each region, however, a sharp decrease in the average daily temperature is a good reason for a premature start to the season.
• Supply of low temperature hot water (less than 400C).
• Untimely or incomplete removal of solid waste.
• Unjustified increase in the tariff rate for utilities.
• Incorrect calculation of the amount indicated in the payment receipt. An inflated fee for using the CG is a violation of the rights of users, therefore the correctness of the calculation of the next payment must be checked by both the employees of the implementing organization and the user.

Utility service complaints in 2021 relate solely to the resources listed above. Claims regarding the state of internal communications, common areas and the design of apartment buildings refer to complaints about the provision of housing services.

Privileges

In an unstable economic situation, paying for utilities becomes simply unaffordable for some categories of citizens. That is why the Government of the Russian Federation supports the population by introducing benefits for:

1. large families raising three or more children under 18 years of age;
2. WWII participants and members of their families;
3. disabled children, groups 1 and 2;
4. participants in combat operations, persons performing public service, labor veterans;
5. residents of besieged Leningrad;
6. honorary donors of the Russian Federation and the Soviet Union;
7. persons injured during the Chernobyl accident.

Attention:
Benefits provided to certain categories of citizens apply to utilities and housing services.

Who is providing utilities in 2019?

According to clause 8, ch. II, Resolution No. 354, the provider of public services in 2021 may be a legal entity (regardless of the legal form) or individual entrepreneur, in this case:

• for premises owners, the executor is the management company or other organization servicing the apartment building;
• for tenants - directly the landlord or an organization authorized by him.

In the Housing Code of the Russian Federation, namely in Art. 161, the main methods of managing MKD are listed:

1. through the HOA;
2. through housing or other cooperatives;
3. through the management company;
4. through direct control.

The executor of the CG can be either a management company, HOA or cooperative, or directly a resource supplying organization, in this case:

Responsibility for incorrect accrual

Incorrect accrual of amounts due may result in the application of sanctions to the guilty party. If such a fact is discovered, the user should contact the management company. In this case, he can count on receiving monetary compensation; it will be equal to half the amount by which the calculation was inflated. If the appeal remains unattended, then everyone has the right to recover damages in court. In this case, in addition to financial liability, administrative penalties provided for in Article 14.6 of the Code of Administrative Offenses of the Russian Federation will be applied to the guilty person.

Planning and calculation methodology

Section VI of Government Resolution No. 354 is devoted to the procedure for calculating and paying CG, according to which there are several methods for calculating payments:

1. based on readings taken from metering devices;
2. based on consumption standards (in the complete absence of metering devices);
3. based on instrument readings and consumption standards.

For your information,
the main recommendations on the methodology for calculating utility bills in 2021 are indicated in Appendix No. 2 (to Government Resolution No. 354). This document contains all the basic formulas on the basis of which the total amount for CG is calculated.

Where should the complaint be filed?

To effectively and quickly resolve emerging problems, it is first necessary to send a complaint to the management of the organization responsible for managing the apartment building. As a rule, 70% of conflict situations are resolved without the involvement of third-party organizations and regulatory authorities.

If there is no result after submitting a complaint about the provision of utility services in 2021, the applicant has the right to contact any of the following authorities:

1. Rospotrebnadzor (to the department located at the location of the MKD or by contacting the electronic reception on the official website).
2. Prosecutor's office. The applicant has the right to contact law enforcement authorities in any convenient way (in person, through a representative, by contacting the electronic reception).
3. Court. The last resort, which should be contacted in cases where pre-trial proceedings did not bring results satisfactory to the applicant.

Please note:
You can file a complaint either independently or with the help of a qualified employee. This document is initially created in several copies, one of which remains with the applicant, the second is transferred to the addressee.

Legislative regulation

The main regulations that are relevant to the scope of this activity include:

1. Housing Code of the Russian Federation.
2. Decree of the Government of the Russian Federation of May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.”
3. Decree of the Government of the Russian Federation of August 13, 2006 No. 491 “On approval of the rules for the maintenance of common property in an apartment building and the rules for changing the amount of payment for the maintenance of residential premises in the case of the provision of services and performance of work on the management, maintenance and servicing of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration.”
4. Decree of the Government of the Russian Federation of September 23, 2010 No. 731 “On approval of the standard for information disclosure by organizations operating in the field of management of apartment buildings.”
5. Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities.”

These acts regulate everything related to the housing and communal services sector. It should be noted that other by-laws are also adopted, for example, on setting tariffs for utility services.

Housing Code

The Housing Code of the Russian Federation is perhaps the main law on housing and communal services.

Its requirements are aimed at ensuring that authorized official bodies provide adequate living conditions for people, regardless of their gender, age, social status and level of income. That is, in this case the principle of equality applies. Also, each person, at his own discretion, can enter into a contractual relationship with the owner of the property, determining the duration of operation of the premises and the volume of utilities provided. At the same time, anyone can be limited in their capabilities in case of violation of their obligations, for example, evicted from the premises.

Rules for the provision of public services

Decree of the Government of the Russian Federation of May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” is a relatively new document that regulates all issues relating to the provision of users with the benefits of civilization. In this case we are talking about gas, water supply, electricity, heat and sewerage. This Resolution also reveals the essence of the basic concepts that are used in the provision of public services.

Rules for maintaining common property

Decree of the Government of the Russian Federation of August 13, 2006 No. 491 regulates everything related to the rules for the maintenance of common property in apartment buildings and the rules for regulating the amount of payment for the maintenance of residential premises when providing services and performing work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with breaks exceeding the established duration. Its effect applies to individuals and legal entities, as well as government agencies.

Law on Disclosure of Information in the Housing and Public Utilities Sector

Decree of the Government of the Russian Federation of September 23, 2010 No. 731 establishes a standard for the disclosure of information by organizations that carry out activities related to the management of apartment buildings. This list includes: general information about the management company, a list of houses related to it, information about the work performed, services provided, use of common property, repairs, meetings held, a report on the expenditure of funds, facts of application of enforcement measures to the organization or its officials administrative nature.

Law on licensing the activities of management companies

Issues related to licensing the activities of a management company are regulated by Federal Law No. 99-FZ of May 4, 2011. It should be noted that its provisions do not apply to the Criminal Code as a whole. For example, part 6 of Article 192 of the Housing Code of the Russian Federation states that the Law does not apply to the procedure for suspending or renewing a license, but to establishing the grounds for revocation of a license when carrying out activities related to the management of apartment buildings.