How to calculate hot water heating. DHW on ONE: what is it
Having received a receipt for paying for a "communal apartment", many Russians look at it with bewilderment, trying to understand what is encrypted in the mysterious abbreviations, and for what services you need to pay rather big sums.
Unfortunately, until now, public utilities have not bothered to bring to a single sample receipts issued in different regions Russia. The content of these payment documents lies entirely within the imagination and administrative enthusiasm of the local authorities.
Do housing and communal services have the right to come up with the names of their services?
The list of services that must be paid for by residents of apartment buildings is clearly defined by Article 154 of the main industry document - the Housing Code. Homeowners and tenants are required to pay for housing maintenance and repairs. In addition, they are responsible for paying for the following services:
- cold water supply (CWS), i.е. supply of cold water through the water supply to the tenant's apartment;
- hot water supply (DHW), which consists of payment for the supply and heating of water;
- water disposal, i.e. ensure the operation of the sewer, removing wastewater;
- gas supply;
It is unacceptable to change the names of these services, although some regional housing and communal services arbitrarily enter such lines as “ DHW heating”, “DHW make-up” or “DHW and cold water drainage”. It is not at all necessary for the consumer to know how much water heating costs, the final amount that is presented for payment is important to him. 
Of course, in the event that the tenant of the house wants to find out about each utility service, the housing and communal services are obliged to provide him with all the information on what costs this or that utility tariff consists of.
What abbreviations can be found in receipts?
Since public utilities are in no hurry to bring payments to a single standard, it will not hurt payers to navigate the abbreviations that can be used to encrypt certain components of utility payments.
— HVS DPU- this is cold water supply (payment for cold water supply) according to the house metering device, i.e. in accordance with the readings of the common house meter (if there is one in your house). In the case when the meter is installed in your apartment, the receipt may indicate HVS KPU(apartment metering device).
— DHW DPU- respectively, hot water supply, counted according to the house metering device.
— Water outlet- Sewerage services, which in bills is called water disposal.
— cold water for domestic hot water- this is the intricate concept of cold water supply for hot water supply. As conceived by the public utilities, you must separately pay for the supply of cold water for heating, and on the other line - the cost of heating this cold water. The cost of DHW is the sum of these lines
— Heating main sq.- this is how the heating of the main area of \u200b\u200byour apartment is usually indicated, i.e. the minimum that is due to residents registered in the apartment.
— heating izl. sq.- This is the cost of heating the excess area of \u200b\u200byour apartment. Usually it costs more than heating your minimum square meters.
— Opl. lived. This is housing costs.
— Contents and rem.- means paying for the maintenance and repair of your apartment. This includes maintenance of engineering networks inside your home, their Maintenance, repair of technical devices and structures of a residential building, as well as many other costs.
— Lived. izl. sq.- payment for housing on surplus space.
Now it will be easier for you to understand the contents of the utility bill. A separate topic is the formation of tariffs for which payment is calculated. 
The most impressive scams associated with unreasonable charging of payments are made here. As a rule, only a specialist with experience in utility networks can assess how justified each digit of the utility tariff is.
In order to answer the question "What is thermal energy?" you need to figure out how hot water differs from cold, what affects the temperature of the water? It differs in the amount of heat contained in it. This warmth, or in another way thermal energy You can't see it or touch it, you can only feel it. Any water with a temperature greater than 0°C contains some amount of heat. The higher the temperature of water (steam or condensate), the more heat it contains. Heat is measured in Calories, in Joules, in MWh (Megawatts per hour), not in degrees °C. Since tariffs are approved in rubles per Gigacalorie, we will take Gcal as a unit of measurement. Thus, hot water consists of the water itself and the thermal energy or heat (Gcal) contained in it. Water seems to be saturated with gigacalories. The more Gcal in the water, the hotter it is. In heating systems, the coolant (hot water) enters the heating system at one temperature and exits at another. That is, he came with one amount of warmth, and left with another. Some part of the heat is transferred from the coolant to environment through radiators. For this part, which did not return to the system, and which is measured in Gcal, someone has to pay. With hot water supply, we consume all the water and, accordingly, all 100% Gcal in it, we do not return anything back to the system.
What is a heat carrier?
All hot water that runs through pipes into the heating system or into the hot water supply system, as well as steam and condensate (the same hot water), this is the coolant. The word coolant consists of two words - heat and carries. When calculating, heat supply companies break down the coolant into Gcal and network water. The tariff for network water takes into account only the water itself, and does not take into account the Gcal in it. The tariff for hot water takes into account both water and Gcal in it. The coolant, depending on the purpose (for heating or for hot water supply), has different requirements for temperature and sanitary standards. The coolant for hot water supply has a minimum allowable temperature that the heat supply organization must provide, as well as increased quality requirements. For the purposes of hot water supply is taken drinking water, heats up and is released into the network. The temperature of the heat carrier for heating purposes depends on the outdoor temperature (i.e. the weather). The colder it is outside, the more it heats up. Conclusions: 1. When paying for heat, it will be necessary to pay both for Gcal and for network water. When paying for hot water also, if a separate tariff for hot water is not set. 2. Heat carrier - carries heat, hot water, it is also network water + Gcal in it. 3. Network water - water without Gcal. 4. In life, coolant and network water can mean the same thing. For those who wish to understand this issue in more detail, we suggest that you familiarize yourself with the Rules for accounting for thermal energy and coolant.
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Is it legal to pay for water heating on a receipt in 2018
When paying utility bills, many people are surprised to see the phrase “water heating” on the receipt. In fact, this innovation was adopted back in 2013. According to Government Decree No. 406, if there is a centralized water supply system, payment must be made at a two-component tariff.
Thus, the tariff was divided into two components: the use of cold water and heat energy. Now the calculation is made separately for two resources: water for hot water supply and thermal energy. That is why a column appeared in the receipts, which means the amount of thermal energy spent on heating cold water. However, many believe that heating fees are charged illegally, and they write complaints to housing and communal services. To verify the legitimacy of this type of accrual, you should learn more about this service.
The reason for this innovation was the additional use of energy. Risers and heated towel rails connected to the hot water supply system consume thermal energy, but this consumption was not previously taken into account in the calculation of payment for public Utilities. Since payment for heat supply can only be charged during the heating period, heating the air through the use of a heated towel rail was not paid as a utility service. The government found a way out of this situation by dividing the tariff into two components.
Equipment
If the water heater fails, the hot water bill will not increase. In this case, authorized employees of the managing organization are obliged to repair the equipment as a matter of urgency. But since the repair requires payment, this amount must still be paid by the tenants. While the heating bill will remain the same, there will be an increase in the repair and maintenance charges. This is because water heaters are part of the property of homeowners.
As for non-standard situations, when, for example, part of the apartments in a multi-storey building has access to hot water, and the second only to cold water, issues regarding payment for heating are resolved on an individual basis. As practice shows, tenants are often required to pay for common property that they do not use.
See also: Can the light be turned off for non-payment of utilities
Component "thermal energy"
If everything is quite simple with the calculation of payment for cold water (it is carried out on the basis of an established tariff), then not everyone understands what is included in the cost of such a service as heating.
The amount for paying for such a service as water heating is calculated taking into account the following components:
- established tariff for thermal energy;
- expenses necessary for the maintenance of a centralized hot water supply system (from central heating points where water is heated);
- cost of thermal energy loss in pipelines;
- expenses necessary for the implementation of transportation hot water.
The calculation of payment for utility services for hot water supply is made taking into account the volume of water used, which is measured in m3.
As a rule, the amount of required thermal energy is determined on the basis of the general house values, which are shown by hot water meters and consumed thermal energy. The amount of energy used in each room is calculated by multiplying the volume of water used (determined by the meter) by the specific heat energy consumption. The amount of energy is multiplied by the tariff. The resulting value is the amount needed to pay for what is written on the receipt as “water heating”.
How to calculate on your own in 2017-2018
Water heating is one of the most expensive utilities. This is due to the fact that during heating it is necessary to use special equipment powered by the mains. To make sure the receipt shows the correct amount due, you can do the calculations yourself and compare the amount received with the amount shown on the receipt. To do this, you need to find out the amount of payment for thermal energy, established by the regional tariff commission. Further calculations depend on the presence or absence of metering devices:
- If you have a meter installed in your apartment, then you can calculate the consumption of thermal energy, focusing on its indicator.
- If there is no meter, calculations should be made based on the established regulatory indicators (set by an energy-saving organization).
If there is a common heat energy consumption meter in a residential building and individual meters installed in apartments, the charge for heating is calculated based on the readings of the common meter and further proportional distribution for each apartment. If such a device is not available, the amount required to pay for heating is calculated based on the standard energy consumption for heating 1 m3 of water in the reporting month and the readings individual counter water.
Where to file a complaint
If the legitimacy of the appearance of an additional line “water heating” in the receipts is in question, in order not to overpay for heating, it is recommended that you first contact the Criminal Code with a request to explain what this item means. The appearance of a new line in the receipt is legal only on the basis of the decision of the owner of the MKD premises. In the absence of such a decision, a complaint should be written to the GZhI. After filing a claim with the Criminal Code, you must provide a response with explanations within thirty days. In case of refusal to justify why such a service is prescribed in the receipt, a complaint should be filed with the prosecutor's office with a lawsuit in court. In this case, if you have already paid the amount indicated on the receipt, Article 395 of the Civil Code of the Russian Federation will serve as the basis for the claim. If a refund is not required, but you still have to pay for services that you are not getting, file a claim to exclude the "heating water" line. In this case, it is worth referring to Article 16 of the Law "On Protection of Consumer Rights".
See also: Do I need to check water meters in Moscow
If there is a need to appeal against the actions of the housing and communal services on issues related to the violation of the rights of consumers of utilities, you should contact Rospotrebnadzor. If you have any questions about the tariffs set for housing and communal services, you need to contact the Federal Tariff Service.
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Gcal, heat carrier, hot and network water
Let the management company "Our House" explain what we pay for, and how the concepts listed above differ from each other. It is difficult for us, ordinary residents, to maneuver in technical terms.
Question from nashdomkch.ru
Sergei Kirilyuk, head of the energy department of Nash Dom, answers:
Invoices for payment for heat and hot water submitted by heat supply companies may contain the following tariffs: - per Gcal, (rub/Gcal); - for network water (rub/t) or for heat carrier (rub/m3);
For hot water or hot water supply (rub/m3)
Not all consumers understand why they have a large amount in their bills for heat energy (rubles / Gcal), for hot water (rubles / cubic meters), and then a relatively small amount for network water (rubles / T). What is this additional fee? I will not give a dictionary definition of thermal energy, I will try to explain “on the fingers”.
Think about the difference between hot water and cold water, what affects the temperature of the water? It differs in the amount of heat contained in it. This warmth (or in other words, thermal energy) cannot be seen or touched, it can only be felt. Any water with a temperature greater than 0°C contains some amount of heat. The higher the temperature of water (steam or condensate), the more heat it contains.
Heat is measured in calories, in joules, in MWh (megawatts per hour), not in degrees °C. Since tariffs are approved in rubles per gigacalorie, we will take Gcal as a unit of measurement. Thus, hot water consists of the water itself and the thermal energy or heat (Gcal) contained in it. Water seems to be saturated with gigacalories. The more Gcal in the water, the hotter it is.
In heating systems, the coolant (hot water) comes in at one temperature and leaves at another. Some of the heat water gives off to the environment through heating radiators. For this part, which did not return to the system, and which is measured in Gcal, someone has to pay.
With hot water supply, we consume all the water and, accordingly, all 100% Gcal in it, we do not return anything back to the system.
What is a heat carrier? All hot water that runs through pipes into the heating system or into the hot water supply system, as well as steam and condensate (the same hot water). The word coolant consists of two words - heat and carries. When calculating, heat supply companies break down the coolant into Gcal and network water, which misleads some consumers.
If earlier UZhK "Nash Dom" charged for hot water at tariffs for hot water supply in rubles / cubic meters, now we break down the coolant for the needs of hot water supply. In our bills for payment for hot water, there is no rub/m.cub. tariff. We bill for hot water as well as for heat, separately for network water and separately for Gcal.
The tariff for network water takes into account only the water itself, and does not take into account the Gcal in it. The tariff for hot water takes into account both water and Gcal in it.
The coolant, depending on the purpose (for heating or for hot water supply), has different requirements for temperature and sanitary standards. For hot water supply, there is a minimum allowable temperature that the heat supply organization must provide, as well as increased quality requirements.
In Kachkanar, there is a 2-pipe open heating system, from which the DHW system is fed in each separately standing house- this was determined by the project during the construction of the city. V summer period there is no circulation of the heating system, hot water is supplied through one of the pipes of the heating system (starting from the CHP and to each consumer).
The temperature of the heat carrier for heating depends on the outdoor temperature (weather). The colder it is outside, the more we heat.
Conclusions: - when paying for heat, you will need to pay for Gcal. When paying for hot water - both for Gcal and for network water (coolant); - heat carrier - carries heat, hot water, it is also network water + Gcal in it; - network water - water without Gcal;
In life, coolant and network water can mean the same thing.
Tags: housing and communal services
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Payment for heat energy as part of the hot water supply
By Decree of the Government of the Russian Federation No. 129 dated February 14, 2015, in order to regulate the procedure for applying two-component tariffs for hot water, amendments were made to the RF Government Resolution No. 354 dated May 06, 2011 and the RF Government Resolution No. 306 dated May 23, 2006. According to the amendments made when establishing two-component tariffs for hot water supply (hereinafter referred to as DHW) “the amount of payment for the utility service for hot water supply is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the public service for hot water supply, and the cost of the component for thermal energy used to heat cold water for the purpose of provision of public services for hot water supply" (paragraph 6 of clause 38 of Rules 354), while the authorized body of the subject of the Russian Federation "sets the standard for the consumption of thermal energy used to heat cold water for the provision of public services for hot water supply" (paragraph 32(1) of Rules 306 ). And if the procedure for calculating the cost of hot water supply between the consumer and the utility service provider (hereinafter referred to as the UCS) has been resolved (although to this day there are a huge number of cases of its violation), then when calculating between the ICU and the resource supply organization (hereinafter referred to as the RSO), there have been and continue to arise disputes, especially in cases of equipping houses with common house metering devices that determine both the volume of hot water consumption and the amount of heat energy as part of the consumed hot water.
Heat in DHW: volume of consumption and cost payable
If we consider the consumption of hot water in the premises of MKD, then it is easy to establish cases in which, with the same volume of hot water consumption, the consumption of heat in the composition of this water will be different. Such cases include consumption in the absence of circulation in the house of “cooled down” hot water by those residents who wake up earlier in the morning or go to bed later in the evening. It is obvious that water will be hotter with long-term one-time consumption compared to many short-term inclusions, even if the total volume of short-term inclusions is equal to the volume of long-term one-time consumption. During the non-heating period, there is a significant difference in the temperature of hot water in houses of the same type (for which the same consumption standards are stipulated) depending on the length of the DHW network from these houses to the RSO (the distance of the MKD from the boiler house) - residents of houses connected to the "terminal" segments of heating networks usually enjoy less hot water than houses connected to the "transit" pipelines of the same networks.
Probably, in order to create a certain averaged unified calculation system, the Government of the Russian Federation decided to approve the norms for the consumption of heat energy for heating hot water supply and gave the right to establish such norms to the constituent entities of the Russian Federation authorized to approve the norms for the consumption of utilities. This eliminated the possibility of determining the different cost of hot water (in rubles per cubic meter), for example, for residents of different apartments of the same apartment building. It should be noted that the different cost of hot water (in rubles per cubic meter) for residents of the same house in different months is also excluded - after all, the calculation of the cost of a cubic meter of hot water consumed by the consumer should be based on the cost of the component for cold water, the tariff for which is approved by the subject of the Russian Federation, and the cost of the component for thermal energy, the tariff for which and the volume for each unit of water (the heat standard for heating hot water) is also approved by the subject of the Russian Federation. Thus, the cost of one cubic meter of hot water does not depend in any way on the actual heat consumption for heating this water (measured or calculated in any way), but is calculated based only on those parameters that are approved by the state authorities of the constituent entity of the Russian Federation.
If we talk about the amount of heat energy consumed for the purpose of hot water supply by the entire apartment building (hereinafter - MKD), then, of course, such an amount can be determined by such a common house metering device (hereinafter - OPU), which measures not only the consumption of hot water for the needs of hot water supply, but and the heat content of this water. The position of the overwhelming majority of the RSO, which is that the heat supplied to the MKD is payable in full, is reasonable and logical. No less logical is the determination of the amount of heat energy in the composition of the hot water supply consumed by the entire MKD, according to the OPU, which allows such an amount to be measured. At the same time, in the opinion of these RCOs, there is no need to apply the standard for the consumption of thermal energy used to heat cold water for the provision of public services for hot water supply, approved by the state authorities of a constituent entity of the Russian Federation. In the event that there is no function for measuring the amount of heat in the common house DHW meter (and even more so in the absence of an operating system at all), the same RNOs consider the use of a heat standard for heating DHW already necessary.
The position, of course, is not devoid of logic, however, the current legislation of the Russian Federation does not give the right to choose whether to use the heat standard for DHW heating in calculations or not to use it. The norms on the use in the calculations of the rate of consumption of thermal energy used to heat cold water for the provision of public services for hot water supply are imperative, subject to unconditional execution. At the same time, the legislation of the Russian Federation simply does not contain any norms on the possibility of using in the calculations the readings of the OPU, which determine the amount of heat energy in the composition of the hot water supply. Thus, the use of such indications of the GTC in the calculations, although logical, is not based on the law, and therefore is illegal. At the same time, the use of the heat standard for DHW heating in calculations is not a right provided for in individual cases (for example, the absence of a GTC, or the absence of a GTC function for measuring heat content in DHW), but a duty for any cases without exception.
From the foregoing, it follows that when calculating the cost of hot water supply (both between the consumer and the provider of the hot water service, and between the ICU and the RSO), it is not the actually consumed amount of heat energy for heating water for the provision of public services for hot water supply, but the norm of heat consumption for heating hot water .
What did the court decide?
These circumstances were studied by the Arbitration Court of the Moscow Region, and then - on appeal - by the 10th Arbitration Court of Appeal, when considering the case on the claim of LLC "Orekhovo-Zuevskaya Teploset" against the HOA "Avtoproezd" (case No. A41-18008 / 16) for the recovery arrears in payment of heat energy. As third parties, the Main Department of the Moscow Region “State Housing Inspectorate of the Moscow Region”, the Ministry of Construction and Housing and Communal Services of the Russian Federation, the Ministry of Construction and Housing and Communal Services of the Moscow Region were involved in the case.
In the Decision of December 12, 2016 in case No. A41-18008/16, the Arbitration Court of the Moscow Region stated:
“Having directly, fully and objectively examined the evidence presented by the parties in support of the stated claims and objections, the court came to the following conclusion.
As established by the court, on September 26, 2012, between the plaintiff and the defendant concluded the Contract for heat supply No. 240, according to which the plaintiff is an energy supply organization, the defendant is a subscriber.
In accordance with paragraph 1 of article 539 of the Civil Code Russian Federation(hereinafter referred to as the Civil Code of the Russian Federation) under an energy supply agreement, the energy supply organization undertakes to supply the subscriber (consumer) with energy through the connected network, and the subscriber undertakes to pay for the received energy ...
Based on Article 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with the energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties. The procedure for paying for energy is determined by law, other legal acts or by agreement of the parties.
In accordance with the provisions of Article 157 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the amount of payment for utilities is calculated based on the volume of utility services consumed, determined by meter readings, and in their absence, based on utility consumption standards approved by the authorities state power constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation, at tariffs established by state authorities of the constituent entities of the Russian Federation in the manner established by federal law.
Part 5 of Article 9 of the Federal Law of July 27, 2010 No. 190-FZ “On Heat Supply” establishes that tariffs for hot water in open heat supply systems (hot water supply) are set in the form of two-component tariffs using a component for a heat carrier and a component for thermal energy .
According to Part 9 of Article 32 of the Federal Law of December 7, 2011 No. 416-FZ “On Water Supply and Sanitation”, tariffs in the field of hot water supply can be set in the form of two-component tariffs using a component for cold water and a component for thermal energy in the manner determined by the pricing principles in the field of water supply and sanitation, approved by the Government of the Russian Federation.
Clause 88 of the Fundamentals of Pricing in the Sphere of Water Supply and Sanitation, approved by Decree of the Government of the Russian Federation No. 406 dated May 13, 2013, provides that tariff regulators set a two-component tariff for hot water in closed systems e hot water supply, consisting of a component for cold water and a component for thermal energy.
Thus, the executive authorities of the constituent entities of the Russian Federation in the field of price (tariff) regulation make decisions on the establishment of two-component tariffs for hot water in accordance with the norms of the current legislation.
In order to regulate the procedure for the application of two-component tariffs for hot water, Decree of the Government of the Russian Federation No. 129 dated February 14, 2015 (entered into force on February 28, 2015) amended the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by the Decree of the Government of the Russian Federation of May 6, 2011 No. No. 354 (hereinafter - Rules No. 354), and the Rules for establishing and determining standards for the consumption of utilities, approved by Decree of the Government of the Russian Federation of May 23, 2006 No. 306 (hereinafter - Rules No. 306).
Paragraph 38 of Regulation No. 354 provides that in the case of establishing two-component tariffs for hot water, the amount of payment for the utility service for hot water supply is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the utility service for hot water supply, and the cost of the component for thermal energy used to heat cold water for the purpose of providing public services for hot water supply.
In accordance with paragraph 42 of Regulation No. 354, in the case of establishing two-component tariffs for hot water, the amount of payment for the utility service for hot water supply provided to the consumer for the billing period in a residential building equipped with an individual or common (apartment) metering device is determined in accordance with formula 23 Appendix No. 2 to Regulation No. 354 based on the readings of hot water meters and the rate of consumption of thermal energy used for heating water, and in the absence of such a meter - based on the rate of consumption of hot water and the rate of consumption of thermal energy used for heating water.
At the same time, Rules No. 354 do not provide for the use of thermal energy as a public service, which complies with the provisions of part 4 of article 154 of the HC RF.
Given the above, Regulation No. 354 provides for the distribution of thermal energy used for heating cold water in order to provide public services for hot water supply, within the framework of the standard for the consumption of thermal energy for heating water in order to provide public services for hot water supply.
In this regard, the relevant amendments made to Regulation No. 306 provide that the standard for the consumption of public services for hot water supply is determined by setting the standard for hot water consumption in a residential building and the standard for the consumption of thermal energy for heating water for hot water supply purposes.
So, according to paragraph 7 of Regulation No. 306, when choosing a unit of measure for consumption standards for hot water supply (hot water), the following indicators are used:
in residential premises - cub. meter of cold water for 1 person and Gcal for heating 1 cu. meters of cold water or cubic meters. meter of hot water for 1 person;
for general house needs - cub. meter of cold water and Gcal for heating 1 cu. meters of cold water per 1 sq. meter of the total area of the premises that are part of the common property in an apartment building, or a cubic meter. meter of hot water per 1 sq. meter of the total area of the premises that are part of the common property in an apartment building.
This principle ensures a fair distribution of thermal energy for heating a cubic meter of water between all consumers, depending on the volume of hot water consumption. In this regard, the procedure for determining the amount of payment for a utility service for hot water supply, established by the Rules No. 354, fully complies with the requirements of the Housing Code of the Russian Federation and is established taking into account the exclusion of the occurrence of an unfair financial burden on citizens.
Thus, regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the heat supply (hot water supply) system (open or closed), and also regardless of the season (heating or non-heating), the amount of heat the energy used for water heating is determined according to the norms for the consumption of thermal energy for heating water for the purposes of hot water supply established in the manner prescribed by law.
Accordingly, if there are norms for the consumption of thermal energy for heating hot water, the readings of metering devices that measure thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supply organizations.
Rules No. 354 do not provide for a different procedure for determining the amount of payment for a utility service for hot water supply in this case.
Civil rights and obligations of a managing organization or a partnership of homeowners or a housing cooperative or other specialized consumer cooperative (hereinafter referred to as a partnership, cooperative) to make payments for the resources necessary for the provision of public services arise from resource supply agreements concluded in the manner prescribed by the Rules, mandatory when a managing organization or a partnership of homeowners or a housing cooperative or other specialized consumer cooperative concludes agreements with resource supply organizations approved by Decree of the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter, respectively - Decree No. 124, Rules No. 124).
According to subparagraphs "d", "f" of paragraph 17 of Regulation No. 124, the procedure for determining the volume of the supplied communal resource, the procedure for paying for the communal resource are essential terms of the resource supply agreement.
At the same time, in conjunction with the requirements of Rules No. 124, when concluding a resource supply agreement, the Requirements for making payments for the resources necessary for the provision of public services, approved by Decree of the Government of the Russian Federation of March 28, 2012 No. 253 (hereinafter referred to as the Requirements), are also subject to application.
Clause 4 of the Requirements establishes that funds received by the contractor from consumers as payment for utility services are subject to transfer in favor of resource-supplying organizations.
At the same time, paragraph 5 of the Requirements provides that the amount of payment by the utility service provider due to be transferred in favor of the resource supply organization supplying a particular type of resource is determined depending on the payment by the consumer of the relevant utility service in the full amount specified in the payment document, or with partial payment, which fully corresponds with the above norms of Regulation No. 124.
Based on the above, the amount of payment by the utility service provider in favor of the resource supplying organization is subject to determination, taking into account the amount of money received from consumers of utility services, as well as taking into account the volume of communal resources in the event that the resource supplying organization supplies a communal resource of inadequate quality or with interruptions exceeding the established duration .
In addition, managing organizations (partnerships, cooperatives), being executors of communal services in an apartment building, acquire a communal resource from resource supplying organizations not for resale, but to provide the corresponding utility service to consumers and pay for the amount of communal resource consumed in such an apartment building from payments received from consumers for public services.
In accordance with the Decision of the Supreme Court of the Russian Federation dated June 8, 2012 No. AKPI12-604, according to which, within the framework of Resolution No. 124, a managing organization, partnership or cooperative are not business entities with independent economic interests that are different from the interests of residents as direct consumers of communal services. These organizations carry out activities to provide public services on the basis of an apartment building management agreement and pay for the volume of the communal resource supplied under the resource supply agreement only from the received payments from consumers. In this situation, the amount of payment for a communal resource under a resource supply agreement should be equal to the amount of payment for a utility service paid by all consumers of utility services in accordance with the Rules for their provision.
In view of the foregoing, regardless of the agreement, the parties are obliged to follow the imperative rules that govern the procedure for paying for utility services provided.
According to paragraphs 10, 11 of part 1 of article 4 of the LC RF, housing legislation regulates relations regarding the provision of public services, payment for housing and public services.
In accordance with the provisions of Article 8 of the Housing Code of the Russian Federation, housing relations related, including with the use engineering equipment, the provision of public services, the payment of utility bills, the relevant legislation is applied, taking into account the requirements established by the Housing Code of the Russian Federation.
In view of the foregoing, when concluding a resource supply agreement with persons managing an apartment building and establishing conditions in it, including those regulating the procedure for terminating the supply of the corresponding type of communal resource to an apartment building, it is necessary first of all to be guided by the norms of housing legislation, in particular Rules No. 124 subject to the provisions of Regulation No. 354.
Clause 5 of the Requirements establishes that the amount of the contractor's payment due to be transferred in favor of the resource supplying organization supplying a specific type of resource is determined in the amount of the payment for a specific utility service specified in the payment document, accrued to the consumer for a given billing period in accordance with Rules No. 354 (with payment by the consumer in full), and if the consumer does not pay in full - in an amount proportional to the amount of payment for a specific utility service in overall size payments specified in the payment document for works and services performed (provided) for the given billing period.
Based on this, the homeowners association is obliged to cover obligations to resource-supplying organizations for the volume of the communal resource at the expense of funds received from consumers in payment for consumed utility services for hot water supply, that is, calculated on the basis of the standard consumption of thermal energy used to heat water in order to provide hot water utilities.
Based on the foregoing, the Arbitration Court of the Moscow Region believes that the stated claims are not subject to satisfaction.
Guided by the articles of art. 110, 112, 162, 167–170, 176 of the Arbitration Procedure Code of the Russian Federation, Arbitration Court of the Moscow Region
Deny the claim."
The Tenth Arbitration Court of Appeal, having considered the appeal against the decision of the Arbitration Court of the Moscow Region, adopted Resolution No. 10AP-805/2017 dated April 17, 2017 in case No. A41-18008/16, which repeated the arguments of the court of first instance, additionally specifying:
“The arguments of the appeal repeat the arguments of the claim and were justifiably rejected by the court of first instance.
Taking into account the totality of the above circumstances, the Court of Appeal finds no grounds provided by law for reassessing the conclusions of the Court of First Instance and satisfying the requirements of the appeal.
Guided by articles 266, 268, paragraph 1 of article 269, article 271 of the Arbitration Procedure Code of the Russian Federation, the court
RESOLVED:
The decision of the Arbitration Court of the Moscow Region dated December 12, 2016 in case No. A41-18008/16 is left unchanged, the appeal is not satisfied.”
conclusions
The Arbitration Court of the Moscow Region and the 10th Arbitration Court of Appeal, which supported its opinion, when considering case No. A41-18008 / 16, established that regardless of the presence of a collective (common house) heat energy meter in the hot water supply system of an apartment building, regardless of the type of heat supply system / hot water supply (open or closed), regardless of the period of the year (heating or inter-heating), “the amount of thermal energy used for heating water is determined according to the norms for the consumption of thermal energy for heating water for the purposes of hot water supply established in the manner prescribed by law ..., if there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices measuring thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supply organizations.
Evgenia 30.04.2017
Alexander 18.05.2017
Hello! Please help with advice. I submitted an application to ROSSETI, Orenburg, for the technological connection of power receivers, clause 14 of the rules for the technological connection of power receivers, I do not belong to the non-residential premises (garage), I applied to the GSK for connection to the power supply, they refused. According to clause 3, paragraph 2 of the rules for technological connection of power receiving devices, the grid organization is obliged to conclude an agreement. Answer from ROSSETI in the attached file.
Alexander 30.08.2017
Irina Ivanovna 01.07.2017
I purchased country cottage area and a house in 1016, the old owner signed an agreement for the supply of electricity to Tulenergo, a meter was installed, electricity was connected, but a personal account was not opened. Is it necessary to apply from the old owner to renew the contract for the new owner?
Galina 23.04.2017
Help deciphering the calculation of the utility bill ( full transcript, on all points specifically). With an indication of all the calculations, where, what is taken. Where are my expenses, where are general house expenses, etc. Thank you!!!
Evgenia 30.04.2017
Hello! Please tell me how to transfer to the rural tariff Where can I get an act on the delimitation of balance sheet ownership? How much does it cost? What is the form of a certificate from the chairman about the number of KST allocated for the house?
Irina Ivanovna 01.07.2017
The following questions are also of interest: 1. By the area of the house. We take in different months different area at home and it does not correspond to the total area of the house on the Housing Reform website. Please help me figure it out
Marina 19.01.2018
Good day! Please advise on the following issue. The metering device of our enterprise is installed in the transformer substation, which is owned (owned) by the grid organization. The TP is a separate brick building located on a separate, specially allocated land plot (municipal property, the grid organization has a lease agreement), outside the territory of our enterprise (we have private property), although land adjacent. In the Act on the delimitation of the balance sheet ownership and operational responsibility of electrical installations and structures, the boundary of the balance sheet ownership and operational responsibility of electrical installations defines "Contacts for connecting tires to the studs of a 0.4 kV transformer in RU-0.4 kV TP-69". Nothing is said in the act about the delimitation of the balance sheet belonging of the building, the construction of the transformer substation, its individual premises - the construction part. Meter readings were taken monthly. But employees of power grids constantly lost the keys to the transformer substation. For 15 years, they cut and knocked down the lock on the door of RU-0.4kV 12 times, so they left us a spare key a long time ago. Over the years, we began to take meter readings on our own and report them both to the Power Grid and to Energosbyt (obviously, this is a violation both on our part, and on the part of the Power Grids, and Energosbyt). In February 2107 unknown persons opened the door to the RU-0.4 kV room and stole the metering device. The energy meter came with a check of the meter and found it was missing. As a result, an Act on unaccounted for electricity consumption was drawn up for us. Accordingly, the power supply company, with which we have concluded an energy supply contract, issued us an invoice for unmetered electricity consumption. To all our appeals to the grid organization and the power supply company to cancel the Act on unmetered consumption on the basis of clause 145 of the Basic Provisions for the Functioning of Retail Electricity Markets (approved by Decree of the Government of the Russian Federation of May 4, 2012 No. 442): "If the meter, owned by the consumer, installed and allowed to operate within the boundaries of the power grid facilities of an adjacent grid organization, then such an organization is responsible for ensuring the safety and integrity of the meter, as well as seals and (or) signs of visual control, for removing, storing and providing it indications to persons specified in an agreement with the owner of the metering device, or to ensure that the owner of the metering device has access to the metering device to take its readings, by timely informing the owner of the metering device about its failure (its loss or malfunction)", we are told that if according to the Delimitation Act, the border of the balances oh accessories of electrical installations ("Contacts for connecting tires to the studs of a 0.4 kV transformer in RU-0.4 kV TP-69") is located inside the RU-0.4 kV room, then the RU-0.4 kV room itself is also on our balance sheet, and we must be responsible for the 0.4 kV switchgear room itself, and for the door of this room, and for the lock on this door, and, accordingly, for our metering device, especially since we had the key to this door (issuing the key not formalized). Since we refuse to pay the bill for unmetered electricity consumption, the power supply company will sue. Another such moment: 1) in the Act on unmetered consumption, the address of the place where unmetered consumption is carried out is the address of our facility, and not the address of the transformer substation where the meter was installed (the addresses are different). 2) not TP is indicated as a description of the object, but simply our type of activity - "production ...". I ask you to give advice: who is right in this situation - we or the grid organization, and whether we have a prospect to challenge the Act on unaccounted for consumption of electrical energy and, accordingly, the accruals made on the basis of this Act, in court. Thank you.
Alexander 18.05.2017
How can I connect the house to the gas that runs under my fence in Moscow if the neighbor and director of the LLC in one person asks for a signature under his permission for a tie-in of 500 thousand. Are there ways? The villagers, while carrying gas to themselves, have created a limited liability company. Now, in order to connect to the pipe at my gate, among other things, I have to pay 500 thousand to my neighbor, the director of the LLC. Allegedly, they own the pipe. There is no such money. We have a disabled person and children live. Is there really no other way to conduct gas?
Hello! please help me figure it out. Our HOA changed the Criminal Code. The new Criminal Code charges us a fee for hot water referring to the methodology from Decree P No. 354 .. The fee for hot water in our receipts is divided into two parts - individual consumption and ODN and consists of 2 lines: HOV and heating. There are no problems with the first line in individual consumption .. there is the volume (according to the meter in the apartment) and the tariff ... but they calculate the heating (i.e. the number of Kcal for heating) based on the general house water consumption (according to the house meter) and calculate the share of my calories based on the amount of HOB on my counter. It turns out 0.74 calories (for my 6 cubes) and the fee in the line of individual consumption in the new receipts has doubled. The previous company calculated more simply, they simply took my consumption of CHOW by the meter and multiplied it by the approved standard for heating 1 cubic meter of water 0.0615. and the difference between the general house expense and the amount according to the tenant's counters was scattered in parts of the ODN in proportion to the area. In the new receipts, the basement with the ODN has been reset to zero ... that is, as I understand it, the new company considers us all together without separating the general needs of the house and the intra-apartment ones .. or am I mistaken?
I revised Decree 354 .. and did not find a formula there according to which hot water supply should be calculated in apartment buildings with centralized water supply (open scheme) .. help me figure it out .. are the actions of the new Criminal Code legal? Thanks!
Hello Natalia!
To begin with, as our President Vladimir Putin likes to say, "let's separate the flies from the cutlets: flies - separately, cutlets - separately!"
In our case, “cutlets” we will have a hot water supply (DHW) scheme for your home, and “flies” - what and how the new Criminal Code thinks. We will deal with the "flies" in the second turn.
To begin with, we will deal with the "cutlets":
Please specify:
At the beginning of the letter, you write: "... The payment for hot water in our receipts ... consists of 2 lines: HOB and heating ...".
As far as I know and understand the heat power engineering of housing and communal services, such a division of the payment for hot water supply is used in a CLOSED heat supply system - in which two pipelines (direct and return) for heat supply (heating) go from your quarterly boiler house (or from a CHPP), and water for hot water supply is heated by part heating water in water heaters (boilers) located in each house (or group of houses).
Do you have a hot water boiler in your house?
With regard to the payment for hot water supply with a CLOSED heat supply system: regulatory and technical documents allow two methods for calculating and paying for hot water supply, depending on which method is more suitable for the specific conditions of the city, from the calculation system adopted in the city between house management companies, Teploenergo and Vodokanal, or which is more "liked" by the authorities and accountants.
First:
the payment is taken under the “hot water supply” item, which includes the amount of payment for heat received from the boiler house and spent in the boiler for heating water, plus payment for cold water supplied by Vodokanal and then heated in the boiler and used by residents. Then this payment from all residents, received by the house management company, is divided by accounting between Teploenergo and Vodokanal according to the rules known to them.
Second:
The fee is charged in two ways:
- “hot water supply” is a payment for the heat received from the boiler house and spent in the boiler for heating water. As a rule, this money goes directly to Teploenergo without "shrinkage and shrinkage" in the management company;
- “cold water for hot water supply” - payment for water supplied by Vodokanal and then heated in a boiler and consumed by residents. As a rule, this money goes directly to Vodokanal without "shrinkage and shrinkage" in the UK.
If there is a charge for "cold water for hot water supply", then the charge for "hot water supply" should be reduced by the same amount.
However, at the end of the letter you write: “... I didn’t find in Decree No. 354 ... the formula by which hot water supply in MKD houses with centralized hot water supply should be calculated (open scheme)”
OPEN DHW system is a system when water for DHW purposes is heated in a boiler house (CHP), goes through a separate pipeline and is further distributed through the water taps of the MKD. In this case, the payment for hot water supply is determined in accordance with paragraphs 1 (for an apartment equipped with an individual meter) and 10, 13 (for a single unit in a house with a common house meter) of Appendix 2 "Calculation of the amount of payment for utilities" of Resolution No. 354.
What is the DHW system in your house - CLOSED or OPEN?
Natalia! Let's move on to the "flies".
Unfortunately, according to the figures and reasoning you presented, without having before your eyes (in your hands) the texts of your letter to the Criminal Code with a demand to provide you with written explanations on the problem of calculating the payment for hot water supply and the corresponding answers of the Criminal Code, it is very difficult to give you an intelligible answer.
If you did not write such a letter, demand that the Criminal Code provide you with an explanation on the basis of which documents the calculations were made, indicating their names, articles and clauses, including calculations according to the forms of the relevant clauses 1, 10, 13 (or others, according to who made the calculations?) Appendix 2 "Calculation of the amount of payment for utilities" of Resolution No. 354.
In your letter, refer to the Housing Code of the Russian Federation, the “Information Disclosure Standard for Organizations Operating in the Field of Management of Apartment Buildings” (approved by the Decree of the Government of the Russian Federation of September 23, 2010 No. 731), as well as paragraph 31 of the “Rules for the provision of communal services to owners and users of premises in apartment buildings and residential buildings ”(approved by Decree of the Government of the Russian Federation No. 354 of May 6, 2011):
“…31. The contractor is obliged:
... e) DIRECTLY AT THE CONSUMER'S APPLICATION, verify the correctness of the calculation of the amount of utility bills presented to the consumer for payment, the consumer's debt or overpayment for utilities, ... and immediately, based on the results of the verification, issue to the consumer documents containing correctly calculated payments. The documents issued to the consumer at his request must be certified by the signature of the head and the seal of the contractor.
The course of our further considerations and actions will depend on your answers.
Good luck with your DHW bill!
reply from Yury Kalnin
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Uv.Yuri, hello! Thanks for your reply. There are no boilers in our house. We have an open hot water supply system in the entire Avtozavodsky district. And in many companies, hot water supply is divided into two lines: hot water and heating. (my mother lives in the next quarter, 9th floor. MKD they have hot water in one line .. tariff 109, / 83 r \ m3) reply from Natalia Hello Natalia! I understood this: Avtozavodskoy district is a district of the city of Togliatti ?, since from the years you mentioned. Samara and Togliatti Avtozavodskoy district is only in Togliatti. From pleasant memories of youth, let's move on to business. While I delve into your numbers. For some reason I can't "get my head" into the "method" of the chairman of the board of your HOA. She's kind of smart. It would be nice to have before your eyes payment document(invoice receipt). Please use in your letters only the generally accepted wording and abbreviations of the technical values used in the laws and NTD for housing and communal services. I will also get acquainted with the Decree of the Government of the Russian Federation of November 8, 2012 No. 1149 mentioned by you, the tariffs of the heat and power company Tevis, the order of the Ministry of the Samara Region No. 418 and other documents of the housing and communal services of Togliatti. I am aware of this document: Guidelines(MR) for the calculation and collection of payments from the population for housing and communal services "Gosstroy, LLC" Scientific and Consulting Center for Housing and Communal Services "(" NCC Housing and Utilities ") Moscow 2003, and in it clause 3.3 "Heating and hot water supply". Natalia! Do not you consider it appropriate and convenient to continue the exchange of information-consultations on hot water supply (and on other issues of housing and communal services) by e-mail. addresses? If you kindly ask the administration of this site (E-mail [email protected]) send me your email. address, I will answer you and you will have my address - it will be more convenient than asking and answering for housing and communal services. And once again I repeat my opinion - if you want to succeed, everything business conversation communicate with housing and communal services and authorities in writing (or by e-mail). reply from Yury Kalnin |