When paying for utilities, many people are surprised to see the phrase "water heating" in 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: use cold water and heat energy. Now the calculation is made separately for two resources: water for hot water supply and heat energy. That is why a column appeared in the receipts, indicating the amount of heat energy spent on heating cold water. However, many believe that heating charges are being levied illegally, and write complaints about housing and communal services. To make sure that this type of charge is legitimate, 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 utility bills. Since the heating fee can only be charged during the heating season, heating the air through the use of a heated towel rail was not paid as a public 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 management organization are obliged to repair the equipment urgently. But since the repair requires payment, the tenants still have to pay this amount. Despite the fact that the heating bill will remain the same, the amount of payment for the repair and maintenance of the property will be increased. This is because water heaters are part of the property of homeowners.

As for non-standard situations, when, for example, some apartments in a multi-storey building have 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, often tenants are required to pay for common property that they do not use.

Thermal energy component

If with the calculation of payment for cold water everything is quite simple (carried out on the basis of the established tariff), then not everyone understands what is included in the cost of such a service as heating.

The amount to pay for a service such as water heating is calculated taking into account the following components:

• the established tariff for heat energy;
• costs required to maintain a centralized hot water supply system (from central heating points where water is heated);
• the cost of heat loss in pipelines;
• costs necessary for the transportation of hot water.

The calculation of utility bills for hot water supply is made taking into account the volume of water used, which is measured in m 3.

As a rule, the amount of required heat energy is determined on the basis of general house values, which are shown by the meters of hot water and consumed heat energy. The amount of energy used in each room is calculated by multiplying the amount of water used (determined by the meter) by the specific consumption of heat energy. The amount of energy is multiplied by the tariff. The resulting value is the amount required to pay for what is written in the receipt as "water heating".

How to calculate yourself in 2018-2019

Heating water is one of the most expensive utilities. This is due to the fact that when heating, it is necessary to use special equipment operating from the mains. To make sure that the correct amount for payment is indicated on the receipt, you can make the calculations yourself and compare the received value with the amount indicated on the receipt. To do this, you need to find out the amount of payment for heat energy established by the regional tariff commission. Further calculations depend on the presence or absence of metering devices:

1. If you have a meter installed in your apartment, then you can calculate the consumption of heat energy, focusing on its indicator.
2. If there is no meter, calculations should be made based on the established standard indicators (established by the energy saving organization).

If there is a common meter for heat energy consumption in a residential building and individual meters installed in apartments, the amount for heating is calculated based on the readings of the general meter and further proportional distribution for each apartment. If there is no such device, the amount required to pay for heating is calculated based on the standard of energy consumption for heating 1 m 3 of water in the reporting month and readings individual counter water.

Where to file a complaint

If the legitimacy of the additional line "water heating" in the receipts is questionable, so as not to overpay for heating, it is recommended to 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, you should write a complaint to the GZI. After filing a claim with the Criminal Code, you must be provided with an answer with explanations within thirty days. In case of refusal to substantiate why such a service is prescribed in the receipt, a complaint should be filed with the prosecutor's office with a claim to the court. In this case, if you have already paid the amount indicated in 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 provided with, file a claim to exclude the water heating line. In this case, it is worth referring to Article 16 of the Law "On Protection of Consumer Rights".

Introduction:

The topic of calculating utility bills is one of the most difficult. For those who have not previously encountered the problem, it is difficult to figure it out right away, and there seems to be no time for this.

However, let's try.

For calculations, the PP of the Russian Federation No. 354 (procedure and methods for all occasions), the PP of the Russian Federation No. 307 (only for heating and only until July 1, 2016, then the PP of the Russian Federation No. 354 applies), and the PP of the Russian Federation No. 306 (standards) are used.

The text of the documents is complex, practically inaccessible to a mass payer. There is no clear system in the designation of physical quantities, which can confuse the reader, there are no names of physical quantities used in the calculation formulas and explanations. As if they were writing for themselves. We know the type ourselves, but the rest do not need to know.

And one more initial note. The gentlemen from the UK and from the Developer often show great joy regarding the "energy efficiency" of new buildings, in particular in our area.

The essence of energy efficiency is a strict accounting of all utility resources and measures to save them. Let's see in the course of the discussion how justified such a "joy" is.

Since our DHW system is closed, that is, non-centralized, the corresponding section of the RF PP No. 354 (Appendix 2 Section IV) is applied for calculations, when production utilities, in this case, hot water supply is carried out by the contractor (UK) on our ITP equipment from the common property.

Regarding this very concept of "production" of hot water supply by the contractor, we will not go into details yet. This is a separate rather "muddy" and controversial topic of who actually produces what and how.

We only note that according to the RF PP No. 354, clause 54 of the Rules, it is clearly defined that the payment for the maintenance of common property (IHP equipment, where the service provider heats water for hot water supply) is charged separately. That is, "production" - operating costs for this common property are included in the payment for the maintenance and repair of common property and are not included in the calculation of the payment for hot water supply.

So what do you need to consider when calculating the DHW charge?

Total consumption of cold drinking water (through the cold water line) supplied for heating for hot water supply.

The total consumption of heat energy taken in boilers from the heat carrier from the centralized supply of heat energy (heating).

Everything seemed simple. Divided the total heat consumption (heating) by the total volume of cold water used for hot water supply and order. Received specific heat consumption per cubic meter of hot water.

However, our receipts do not account for the total volume of cold water and hot water supply separately.

And the data of individual consumption for hot water supply and cold water supply cannot be used due to the systematic error of measurements of apartment meters. Therefore, the concept of ONE was introduced to eliminate this systematic error and to accurately summarize the water consumption for the entire house with a common house meter.

In this sense, the PP of the Russian Federation No. 354 is stated not quite correctly and the campaign has long been outdated in places, when it is proposed to use the total readings of the IPU as the basis for calculations, if there is no common house meter, but at the same time the authors of the normative text completely forgot about the systematic error of the apartment IPU (dead zone IPU at low water flow rates).

According to the law "On Energy Saving ...", the first thing to be done is to install common house metering devices, and where there is no technical feasibility due to the design of the house, the technical feasibility should be created by reconstruction (extension) of the premises for the installation of utility metering units.

The general housekeeping of communal resources is not profitable for utilities, therefore they sabotage the process. It's easier to cheat in “muddy water”.

Also, when we go to the ITP, there is no separate accounting for the consumption of heat energy, which is spent on DHW heating... At least this is not visible from the content of the information provided in the receipt.

But what about the super duper energy efficient ITP? Isn't it too easy for a super duper energy efficient ITP with "space technology"?

Have you installed one common cold water meter and one common heat energy meter for the entire block and are you happy as elephants?

And according to the Law, every single house must be equipped with metering devices.

How does it differ then our IHP from the usual heating unit of the old Soviet house?

Why do we “go over the ears” every year about energy efficiency?

A hike so that some rogue - a "money pump" under an energy service agreement "authoritatively" says that we need to install metering devices to improve energy efficiency.

It is already clear to us that we need a comprehensive accounting of communal resources.

Who prevented the installation of a two-channel heat energy meter? Was it hard to plug in a meter to measure the consumption of make-up water for the DHW system?

And if they do exist, then why are their readings not used in calculations and are not indicated in receipts?

How to calculate hot water for its subsequent payment, every homeowner must know. The fact is that the provision of this service is in quantitative terms, and if the hot water consumption is calculated incorrectly, this can result in a fairly large amount of overpayment or debt.

In addition, if, as a result of such an error, you do not pay for the hot water supplied to you on time, this may lead to its shutdown.

If you do not pay for the hot water supplied to you on time, this can lead to its shutdown.

Payment for services for the supply of hot water to the population is regulated by the Decree of the Government of the Russian Federation of 05/06/2011 No. 354. According to it, it should include 2 components:

1. Provision of hot water supply directly to residential or non-residential premises.
2. Provision of hot water supply for general house needs or for the needs of a land plot, as well as ancillary buildings located on it.

Typically, centralized hot water systems are used in cities to supply such water to apartments, communal apartments and rooms in apartment buildings. At the same time, hot water tariffs are set by the Federal Tariff Service, as well as its divisions in the regions, so if you do not know how to calculate the hot water tariff, you can refer to the website of this body. In addition, an example of such a calculation can be provided to you at your local resource supplying organization.

Hot water tariffs are set by the Federal Tariff Service

In any case, it is worth knowing that the formula for calculating the cost of hot water includes not only the tariff itself, but also other indicators. For example, if your utility company has set a two-part rate, then you will pay:

• payment for the consumption of one cubic meter of hot water;
• payment for the maintenance of the hot water supply system based on one gigocalorie.

With a one-component tariff, only consumed cubic meters are paid, which include expenses for other needs. In addition, the approved methodology, which answers the question of how to calculate and how much a cube of hot water costs, also takes into account which category of consumers you belong to. It can be industry, budgetary institutions or population.

A household hot water meter is used, which is installed on the basis of the decision of the general meeting of owners of residential premises

If other categories of consumers have all questions about utility bills, special staff members legal entity, then the population calculates and pays for the consumption of hot water on their own. At the same time, he is also entrusted with the obligation to pay the costs of general household needs. For this, a household hot water meter is used, which is installed on the basis of a decision of the general meeting of owners of residential premises.

According to a separate scheme, hot water supply is calculated in the event that an individual boiler room is installed in the house. So, in payments there is no line "hot water supply", and instead of it 2 positions are set: water heating and cold water supply for hot water supply. This subtlety will need to be taken into account by all homeowners in such houses.

Payment for hot water for the population

• by counter;
• according to the general standard.

The first option is the most profitable for the owner of the dwelling, since it allows you to pay only for the amount of hot water that was actually consumed by him. Moreover, every month he will need to transfer the readings of the meter to the local resource supply company. It is usually called Vodokanal or Teploenergo and is municipal property.

Payment for hot water by meter

In the second case, you have to pay based on the general standard established by the Government, taking into account the number of residents registered in a particular living space. Usually the standard is applied when the meter is not installed in the apartment or it has broken down. At the same time, as a measure to stimulate the population to install metering devices, the Government has been gradually increasing the standards by 2017 by 1.6 times since 2015.

With regard to specific figures, for 2016 in Moscow the rate of hot water consumption is set at 166 liters per day per person. In other regions, it may be different. In any case, it will be more profitable to pay by the meter, so it makes sense to install it indoors as early as possible.

Important! In addition to the standard and meter readings, the cost of hot water is also calculated taking into account the readings of the general metering device.

You can find out how to count one for hot water by contacting a company that provides services for the management of your apartment building. Generally speaking, the readings of the apartment meters are subtracted from the readings of the general metering device, and the resulting balance is divided on the basis of a special formula for all residents registered in the house.

Hot water bills

Directly residents of apartment buildings are usually not involved in the calculation of one. Since this is the responsibility of the local housing department or HOA, a line with this indicator is specially highlighted in the payment receipt for them, which will need to be paid as part of the general receipt. In the event that the amount of one, in your opinion, will be overstated, this may be the reason for your request to recalculate it. This must be done by the management company within ten days. If this does not happen, you have the right to appeal the company's actions to the Housing Inspectorate or the court.

It should also be borne in mind that modern technologies allow you to pay for utilities remotely or on a special schedule. This will be especially convenient if you leave the region of your residence for a while or are very busy. To make payments on schedule, you will need to write a statement about this at the local branch of your bank or set up a personal account on your bank's website accordingly.

In any case, try to pay the cost of hot water in full and in deadlines

Further, the required payment amounts will be withdrawn from your account at the right time, which will allow you not to become a debtor on utility bills. In any case, try to pay the cost of hot water in full and on time.

Meter readings transmission

As you already understood, the easiest way to calculate the hot water consumption is to take readings from a meter installed in a living room. This procedure must be carried out once a month. To do this, it will be necessary to write off the first 5 digits of the readings from the meter.

Hot water consumption calculation

Based on them, you can independently calculate the consumption of hot water for yourself. To do this, subtract the new readings from the readings for the last month. The difference you get will be your monthly expense.

If you are interested in how to calculate hot water according to a receipt, then you can do this by multiplying the readings obtained using the meter by the tariff in force in your region. Such a calculation can be useful to you in the event that you have questions about the numbers indicated in the payment receipt. With claims on this score, you often turn to the resource supplying company, where you are obliged to recalculate the hot water you consumed.

Unscheduled water meter check

After you take the readings from the hot water meter, they will need to be handed over to the supplying organization. This can be done in several ways, for example:

• using the website of such an organization or management company;
• using special forms;
• at the office of the organization supplying you with burning water.

After transmitting the readings of an individual hot water meter, you will only have to wait for a receipt for its payment to come to you. If you figured out how to calculate hot water by this time, you can double-check the amount billed to you in order to avoid mistakes. Moreover, if several water meters are installed in your apartment, you will have to transfer readings from all of them.

By the way, you will need not only knowledge of how to calculate hot water, but also how to check the accuracy of the meter reading. To do this, record the readings of the three red numbers on its scale, after which about 30 liters of water are drained from the tap using a ten-liter bucket. In the event that a larger or smaller figure is displayed on the meter, this may be a sign that an unscheduled check is required for the water meter.

Internet bank for payment for hot water

After you get an invoice based on the testimony you gave, you can pay it in several ways, for example, at the Russian Post, through the Internet bank, as well as using an ATM. In the event that you delay the payment for more than 3 months, you may be charged a penalty, and the hot water may be turned off. After six months, utilities will already be able to go to court to evict you from the premises they occupy.

In order to answer the question "What is heat energy?" you need to figure out how it differs hot water from cold, what affects the water temperature? It differs in a different amount of heat contained in it. This warmth, or otherwise thermal energy, cannot be seen or touched, you can only feel. Any water with a temperature over 0 ° C contains some amount of heat. The higher the temperature of the water (steam or condensate), the more heat it contains. Heat is measured in Calories, in Joules, in MW / h (Megawatt per hour), not in degrees ° С. Since the tariffs are approved in rubles per Gigacaloria, we will take Gcal as the unit of measurement. Thus, hot water consists of water itself and the heat energy or heat (Gcal) contained in it. The water is, as it were, 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, I came in with one amount of warmth and left with another. The coolant gives off some of the heat to environment through heating radiators. Someone has to pay for this part, which did not return to the system, and which is measured in Gcal. With hot water supply, we consume all the water and, accordingly, all 100% of the Gcal in it, we do not return anything back to the system.

What is a coolant?

All hot water that runs through pipes to the heating system or to the hot water supply system, as well as steam and condensate (the same hot water), this is the heat carrier. The word coolant consists of two words - warm and carries. When calculating, heat supply companies divide 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 Gcal in it. The hot water tariff takes into account both water and Gcal in it. The coolant, depending on the purpose (for heating or for hot water supply), has different temperature and sanitary requirements. The coolant for hot water supply has a minimum allowable temperature that must be provided by the heat supply organization, as well as increased quality requirements. For the purposes of hot water supply, it is taken drinking water, heats up and discharges into the network. The temperature of the heating medium for heating purposes depends on the outside temperature (i.e. the weather). The colder it is outside, the more heating occurs. Conclusions: 1. When paying for heat, you will need to pay both for Gcal and for network water. When paying for hot water supply 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. Mains water - water without Gcal. 4. In life, under the coolant and network water can be understood 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 heat energy and coolant.

xn - 80aaablg0cug6b2j.xn - f1avc.xn - p1ai

Is it legal to pay for water heating according to a receipt in 2018

When paying for utilities, many people are surprised to see the phrase "water heating" in 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 heat energy. That is why a column appeared in the receipts, indicating the amount of heat energy spent on heating cold water. However, many believe that heating charges are being levied illegally, and write complaints about housing and communal services. To make sure that this type of charge is legitimate, 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 utility bills. Since the heating fee can only be charged during the heating season, heating the air through the use of a heated towel rail was not paid as a public 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 management organization are obliged to repair the equipment urgently. But since the repair requires payment, the tenants still have to pay this amount. Despite the fact that the heating bill will remain the same, the amount of payment for the repair and maintenance of the property will be increased. This is because water heaters are part of the property of homeowners.

As for non-standard situations, when, for example, some apartments in a multi-storey building have 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, often tenants are required to pay for common property that they do not use.

See also: Can they turn off the light for non-payment of utilities

Thermal energy component

If with the calculation of payment for cold water everything is quite simple (carried out on the basis of the established tariff), then not everyone understands what is included in the cost of such a service as heating.

The amount to pay for a service such as water heating is calculated taking into account the following components:

• the established tariff for heat energy;
• costs required to maintain a centralized hot water supply system (from central heating points where water is heated);
• the cost of heat loss in pipelines;
• costs necessary for the transportation of hot water.

The calculation of utility bills for hot water supply is based on the volume of water used, which is measured in m3.

As a rule, the amount of required heat energy is determined on the basis of general house values, which are shown by the meters of hot water and consumed heat energy. The amount of energy used in each room is calculated by multiplying the amount of water used (determined by the meter) by the specific consumption of heat energy. The amount of energy is multiplied by the tariff. The resulting value is the amount required to pay for what is written in the receipt as "water heating".

How to calculate yourself in 2017-2018

Heating water is one of the most expensive utilities. This is due to the fact that when heating, it is necessary to use special equipment operating from the mains. To make sure that the correct amount for payment is indicated on the receipt, you can make the calculations yourself and compare the received value with the amount indicated on the receipt. To do this, you need to find out the amount of payment for heat energy established by the regional tariff commission. Further calculations depend on the presence or absence of metering devices:

1. If you have a meter installed in your apartment, then you can calculate the consumption of heat energy, focusing on its indicator.
2. If there is no meter, calculations should be made based on the established standard indicators (established by the energy saving organization).

If there is a common meter for heat energy consumption in a residential building and individual meters installed in apartments, the amount for heating is calculated based on the readings of the general meter and further proportional distribution for each apartment. If there is no such device, the amount required to pay for heating is calculated based on the standard of energy consumption for heating 1 m3 of water in the reporting month and the readings of an individual water meter.

Where to file a complaint

If the legitimacy of the additional line "water heating" in the receipts is questionable, so as not to overpay for heating, it is recommended to 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, you should write a complaint to the GZI. After filing a claim with the Criminal Code, you must be provided with an answer with explanations within thirty days. In case of refusal to substantiate why such a service is prescribed in the receipt, a complaint should be filed with the prosecutor's office with a claim to the court. In this case, if you have already paid the amount indicated in 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 provided with, file a claim to exclude the water heating line. In this case, it is worth referring to Article 16 of the Law "On Protection of Consumer Rights".

See also: Is it necessary to check water meters in Moscow

If there is a need to appeal against the actions of housing and communal services on issues related to violation of the rights of consumers of communal services, 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.

zhkhinfo.ru

Gcal, coolant, hot and network water

Let the management company Nash Dom explain what we pay for and how the concepts listed above differ from each other. It is difficult for us ordinary people to maneuver in technical terms.

Question from the site nashdomkch.ru

Sergey Kirilyuk, head of the energy department of the Nash Dom UZhK answers:

In the bills for heat and hot water, which are presented by heat supply companies, the following tariffs may be indicated: - per Gcal, (RUB / Gcal); - for mains water (rub / t) or for heat carrier (rub / cubic meter);

For hot water or hot water supply (rub / cubic meter)

Not all consumers understand why they have a large amount in their invoices for heat energy (rubles / Gcal), for hot water (rubles / cubic meter), and then there is 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 it “on the fingers”.

Think about the difference between hot and cold water, what affects the temperature of the water? It differs in a different amount of heat contained in it. This warmth (or otherwise thermal energy) cannot be seen or touched, you can only feel it. Any water with a temperature over 0 ° C contains some amount of heat. The higher the temperature of the water (steam or condensate), the more heat it contains.

Heat is measured in calories, in joules, in MWh (megawatt 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 water itself and the heat energy or heat (Gcal) contained in it. The water is, as it were, 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 exits at another. Water gives off some of the heat 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% of Gcal in it, we do not return anything back to the system.

What is a coolant? All hot water that runs through pipes to the heating system or to the hot water supply system, as well as steam and condensate (the same hot water). The word coolant consists of two words - warm and carries. When calculating, heat supply companies break the coolant into Gcal and network water, which misleads some consumers.

If earlier UZHK "Our House" charged for hot water at tariffs for hot water supply in rubles / cubic meter, now we break the coolant for hot water supply. In our invoices for payment for hot water, we do not have a tariff of rubles / cubic meter. We expose for DHW 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 Gcal in it. The hot water tariff takes into account both water and Gcal in it.

The coolant, depending on the purpose (for heating or for hot water supply), has different temperature and sanitary requirements. 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 heat supply system, from which the hot water supply system is powered in each separately standing house- this was determined by the project during the construction of the city. IN summer period there is no circulation of the heating system, hot water is supplied through one of the pipes of the heating system (from the CHP plant to each consumer).

The temperature of the heating medium for heating depends on the outside temperature (weather). The colder it is outside, the more we warm.

Conclusions: - when paying for heat, you will need to pay for Gcal. When paying for hot water - both for Gcal and for network water (heat carrier); - heat carrier - carries heat, hot water, it is also network water + Gcal in it; - network water - water without Gcal;

In life, a coolant and network water can mean the same thing.

Tags: housing and communal services

Found a spelling mistake? Select it with the mouse and press Ctrl + Enter

Www.kchetverg.ru

Payment for heat energy as part of hot water supply

In order to regulate the procedure for applying two-component tariffs for hot water, by the Decree of the Government of the Russian Federation of February 14, 2015, no. (hereinafter - 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 utility service for hot water supply, and the cost of the component for heat energy used to heat cold water for the purpose of provision of utility services for hot water supply "(paragraph 6 of clause 38 of Rules 354), while the authorized body of the constituent entity of the Russian Federation" establishes a standard for the consumption of heat energy used to heat cold water for the provision of utility services for hot water supply "(clause 32 (1) of Rules 306 ). And if the procedure for calculating the cost of hot water supply between a consumer and a utility service provider (hereinafter - IKU) was resolved (although to this day there are a huge number of cases of its violation), then in the calculation between IKU and a resource supplying organization (hereinafter - RSO) there have arisen and continue to arise disputes, especially in cases of equipping houses with general house metering devices, which determine both the volume of hot water consumption and the amount of heat in the composition of consumed hot water.

Heat in hot water supply: volume of consumption and cost to be paid

If we consider the consumption of hot water in the premises of apartment buildings, then it is easy to establish cases in which, with the same volume of consumption of hot water, the consumption of heat in the composition of this water will be different. Such cases include the consumption of “cooled” hot water in the absence of circulation in the house by those tenants who wake up earlier in the morning or later go to bed in the evening. Obviously, water will be hotter with a long-term one-time consumption compared to many short-term switching-ons, even if the total volume of short-term switching-ons will be equal to the volume of long-term one-time consumption. During the inter-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 set), depending on the length of the hot water supply network from these houses to the RNO (the remoteness of the MKD from the boiler room) - residents of houses connected to the "end" 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 standards for the consumption of heat energy for DHW heating and gave the right to establish such standards to the constituent entities of the Russian Federation, authorized to approve standards 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 one house in different months is also excluded - after all, the calculation of the cost of a cubic meter of hot water consumed by a consumer should be based on the cost of a component for cold water, the tariff for which approved by the constituent entity 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 (heat standard for heating hot water supply) is also approved by the constituent entity 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 consumed for the purpose of hot water supply by the entire apartment building (hereinafter referred to as MKD), then, of course, such an amount can be determined by such a general house metering device (hereinafter referred to as 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 part of the RNO, which is that the heat supplied to the MKD is to be paid in full, is reasonable and logical. It is no less logical to determine the amount of heat energy in the composition of the hot water supply consumed by all MKD, according to the control unit, which allows this amount to be measured. At the same time, in the opinion of the indicated RNOs, there is no need to apply the standard for the consumption of thermal energy used for heating cold water for the provision of public services for hot water supply, approved by the state authorities of the constituent entity of the Russian Federation. In the absence of a function for measuring the amount of heat in a common household hot water meter (and even more so in the absence of a control room at all), the same RNO consider the use of the heat standard for heating hot water supply 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 the calculations or not to use it. The norms on the use in the calculations of precisely 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 the OPU readings in the calculations, which determine the amount of heat energy in the composition of the hot water supply. Thus, although it is logical, the use of such indications of the GDU in the calculations, is not based on the law, and therefore is illegal. At the same time, the use in the calculations of the heat standard for heating DHW is not a right provided for individual cases (for example, the absence of an OPU, or the absence of an OPU function to measure the heat content in DHW), but an obligation for any cases, without exception.

From the above, it follows that when calculating the cost of hot water supply (both between the consumer and the service provider for hot water supply, and between the IKU and RNO), not actually consumed amount of heat energy for heating water is used to provide utility services for hot water supply, but the standard for heat consumption for heating hot water supply ...

What has the court found?

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 Orekhovo-Zuevskaya Teploset LLC against the HOA Avtoproezd (case No. А41-18008 / 16) for recovery arrears on payment for heat energy. As third parties, the Main Directorate of the Moscow Region “State Housing Inspectorate of the Moscow Region”, the Ministry of Construction and Housing and Utilities of the Russian Federation, and the Ministry of Construction and Housing and Utilities of the Moscow Region were involved in the case.

In the Decision of 12.12.2016 in case No. A41-18008 / 16, the AC of the Moscow Region indicated:

“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.

As established by the court, on September 26, 2012, the plaintiff and the defendant entered into a Heat Supply Agreement No. 240, according to which the plaintiff is an energy supplying organization, and 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 contract, the energy supplying organization undertakes to supply the subscriber (consumer) with energy through the connected network, and the subscriber undertakes to pay for the received energy ...

On the basis of 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 payments 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 consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by state authorities constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation, at rates established by the state authorities of the constituent entities of the Russian Federation in the manner prescribed by federal law.

Part 5 of Article 9 of the Federal Law of July 27, 2010 No. 190-FZ "On Heat Supply" established 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 coolant and a component for thermal energy ...

According to part 9 of article 32 of the Federal Law of December 7, 2011 No. No. 416-FZ "On water supply and wastewater disposal" 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 basis of pricing in the field of water supply and wastewater disposal, approved by the Government of the Russian Federation.

Clause 88 of the Basics 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, stipulates that the tariff regulation authorities establish a two-component tariff for hot water in closed system 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 applying two-component tariffs for hot water, by the Decree of the Government of the Russian Federation No. 129 dated February 14, 2015 (entered into force on February 28, 2015), amendments were made to the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved Decree of the Government of the Russian Federation of May 6, 2011 No. No. 354 (hereinafter referred to as Rules No. 354), and the Rules for the Establishment and Determination of Norms for the Consumption of Utilities, approved by the Decree of the Government of the Russian Federation dated May 23, 2006 No. 306 (hereinafter referred to as Rules No. 306).

Clause 38 of Regulation No. 354 provides that in the case of establishing two-component hot water tariffs, the amount of the payment for the hot water utility service is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the hot water utility service, and the cost of the component for thermal energy used to heat cold water in order to provide utility 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 utility services for hot water supply provided to the consumer for the billing period in a residential building equipped with an individual or common (apartment) meter 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 heat energy used for water heating, and in the absence of such a meter, based on the rate of hot water consumption and the rate of heat energy used for water heating.

At the same time, Regulation No. 354 does not provide for the use of heat energy as a communal service, which corresponds to the provisions of Part 4 of Article 154 of the RF LC.

Considering the above, Regulation No. 354 provides for the distribution of heat energy used for heating cold water in order to provide utility services for hot water supply, within the framework of the standard for heat energy consumption for heating water in order to provide utility services for hot water supply.

In this regard, the relevant amendments made to Regulation No. 306 provide that the standard for the consumption of utility services for hot water supply is determined by establishing a standard for the consumption of hot water in a residential building and a standard for the consumption of thermal energy for heating water for hot water supply.

So, according to clause 7 of Regulation No. 306, when choosing a unit of measurement for consumption standards for hot water supply (hot water), the following indicators are used:

in living quarters - cubic meters 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 - cube. 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 cube. 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 heat 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 utility services for hot water supply, established by the Rules No. 354, fully complies with the requirements of the RF Housing Code and was established taking into account the exclusion of an unfair financial burden on citizens.

Thus, regardless of the presence of a collective (common house) metering device for heat energy in the hot water supply system of an apartment building, regardless of the heat supply system (hot water supply) (open or closed), and also regardless of the season (heating or non-heating), the amount of heat the energy used for heating water is determined according to the norms for the consumption of thermal energy for heating water for hot water supply established in accordance with the procedure prescribed by law.

Accordingly, in the presence of standards for the consumption of thermal energy for heating hot water, the readings of metering devices that measure heat energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supplying organizations.

There is no other procedure for determining the amount of payment for utility services for hot water supply in the case under consideration by Regulation No. 354.

Civil rights and obligations of a managing organization or an association of homeowners or a housing cooperative or other specialized consumer cooperative (hereinafter referred to as a partnership, a cooperative) to make payments for the resources necessary for the provision of utilities arise from resource supply contracts concluded in the manner prescribed by the Rules, mandatory when a management organization or a homeowners' association or a housing cooperative or other specialized consumer cooperative concludes agreements with resource supplying organizations approved by the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter, respectively, - Resolution No. 124, Rules No. 124).

According to subparagraphs "d", "f" of paragraph 17 of Rules No. 124, the procedure for determining the volumes of the supplied utility resource, the procedure for paying for utility resources 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 resources necessary for the provision of utilities, approved by the Government of the Russian Federation dated March 28, 2012 No. 253 (hereinafter referred to as the Requirements), shall also be applied.

Clause 4 of the Requirements establishes that the funds received by the contractor from consumers as payment for utilities are to be transferred in favor of resource-supplying organizations.

At the same time, clause 5 of the Requirements provides that the amount of payment of the utility contractor due to the transfer in favor of the resource supplying organization supplying a specific type of resource is determined depending on the payment by the consumer of the corresponding utility service in full amount specified in payment document, or in case of partial payment, which fully corresponds to the above norms of Regulation No. 124.

Based on the above, the amount of payment of the utility contractor in favor of the resource-supplying organization is to be determined taking into account the amount of funds received from the consumers of utilities, as well as taking into account the volume of utility resources in the event that the resource-supplying organization supplies a utility resource of inadequate quality or with interruptions exceeding the established duration ...

In addition, managing organizations (partnerships, cooperatives), being the executors of utilities in an apartment building, acquire from resource-supplying organizations a utility resource not for resale, but to provide an appropriate utility service to consumers and pay for the amount of utility resource consumed in such an apartment building from payments received from consumers for a utility service.

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, the managing organization, partnership or cooperative are not economic entities with independent economic interests that differ from the interests of residents as direct consumers of utilities. services. These organizations carry out activities for the provision of utilities on the basis of an apartment building management agreement and pay for the amount of utilities supplied under a resource supply contract only from the received payments from consumers. In this situation, the amount of payment for a utility resource under a resource supply contract 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.

Taking into account the above, regardless of the agreement, the parties are obliged to follow the peremptory norms that govern the procedure for settlements for the provided utilities.

According to clauses 10, 11 of part 1 of article 4 of the Housing Code of the Russian Federation, relations regarding the provision of utilities, payment for housing and utilities are regulated by housing legislation.

In accordance with the provisions of Article 8 of the RF LC, to housing relations associated, including with the use of engineering equipment, the provision of utilities, the payment of utility bills, the relevant legislation is applied, taking into account the requirements established by the RF Housing Code.

Taking into account the foregoing, when concluding a resource supply agreement with persons managing an apartment building, and establishing conditions in it, including regulating the procedure for terminating the supply of the corresponding type of utility resource to apartment house, it is necessary, first of all, to be guided by the norms of housing legislation, in particular, Regulation No. 124, taking into account the provisions of Regulation No. 354.

Clause 5 of the Requirements establishes that the amount of the contractor's payment due to the transfer 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 charged to the consumer for this billing period in accordance with Rules No. 354 (if payment by the consumer in full), and if the consumer does not pay in full - in the amount proportional to the amount of payment for a specific utility service in overall size payments specified in the payment document for work and services performed (provided) for this billing period.

Based on this, the homeowners' association is obliged to cover obligations to resource supplying organizations for the volume of utilities at the expense of funds received from consumers to pay for consumed utilities for hot water supply, that is, calculated based on the rate of consumption of thermal energy used to heat water in order to provide utilities for hot water supply.

Based on the foregoing, the Moscow Region Arbitration Court considers 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

To refuse to satisfy the claim ”.

The Tenth Arbitration Court of Appeal, having considered the appeal against the decision of the CA of the Moscow Region, adopted Resolution No. 10AP-805/2017 of 17.04.2017 in case No. A41-18008 / 16, which repeated the arguments of the court of first instance, additionally stating:

“The arguments of the appeal repeat the arguments of the claim, were reasonably rejected by the court of first instance.

Taking into account the totality of the circumstances set forth, the appellate court does not find the grounds provided for by law for re-evaluating the findings of the first instance court 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

DECIDED:

The decision of the Arbitration Court of the Moscow Region of December 12, 2016 in case No. А41-18008 / 16 shall be left unchanged, the appeal - dismissed. "

conclusions

The Arbitration Court of the Moscow Region and the 10th Arbitration Court of Appeal, which supported its opinion, when considering case No. hot water supply (open or closed), regardless of the period of the year (heating or inter-heating), “the amount of heat energy used for heating water is determined according to the norms for heat energy consumption for heating water for hot water supply established in accordance with the procedure established by law ..., if there are standards for the consumption of heat energy for heating hot water, the readings of metering devices measuring heat energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supplying organizations. "

Evgeniya 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 technological connection of power receivers, I do not belong to the non-residential premises (garage), I submitted an application to the GSK for connection to the power supply. According to clause 3, paragraph 2 of the rules for technological connection of power receiving devices, the network organization is obliged to conclude an agreement. Answer from ROSSETI in the attached file.

Alexander 30.08.2017

Irina Ivanovna 01.07.2017

I acquired country cottage area and a house in 1016, for the supply of electricity to Tulenergo, an agreement was previously drawn up by the old owner, a meter was installed, the light was connected, but a personal account was not opened. Is it necessary for the old owner to apply for the renewal of the contract for the new owner

Galina 23.04.2017

Help to decipher the calculation of the receipt of housing and communal services (full decoding, on all points specifically). With an indication of all calculations, where, what is taken. Where are my expenses, where are the common expenses, etc. Thanks!!!

Evgeniya 30.04.2017

Hello! Please tell me how to transfer to a rural tariff Where can I get an act on the delineation of balance sheet ownership? How much does it cost? What is the form of a certificate from the chairman about the number of KVT allocated to the house?

Irina Ivanovna 01.07.2017

Also interested in the questions: 1. By the area of ​​the house. It is taken from us in different months different area houses and it does not correspond to the total area of ​​the house on the Housing and Utilities Reform website. Please help me figure it out 2. On ONE 3. On the inconsistency of the SOI tariff

Marina 19.01.2018

Good afternoon! Please give advice on the following problem. The metering device of our company is installed in the TP, which is owned (owned) by the network organization. TP is a separate brick building located on a separate, specially allocated land plot (municipal property, the network 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 balance sheet ownership and operational responsibility of electrical installations and structures, the boundary of balance sheet ownership and operational responsibility of electrical installations defines "Contacts for connecting tires to the pins of a 0.4 kV transformer in RU-0.4 kV TP-69". The act does not say anything about the delineation of the balance sheet ownership of the building, the construction of the TP, its individual premises - the construction part. The meter readings were taken monthly. But employees of power grids constantly lost the keys to the TP. For 15 years, they cut and knocked down the lock on the door of the RU-0.4 kV 12 times, so they left a spare key for us long 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 on our part, and on the part of Power Grids, and Energosbyt). In February 2107. unidentified persons opened the door to the room of RU-0.4 kV and stole the meter. The energy meter came to check the meter and found it was missing. As a result, an Act on unaccounted electricity consumption was drawn up against us. Accordingly, the energy sales company, with which we have concluded an energy supply agreement, billed us for unaccounted electricity consumption. To all our appeals to the grid organization and the energy sales company about the cancellation of the Act on unaccounted 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 No. 442 dated May 4, 2012): the owner of which is the consumer, installed and approved for operation within the boundaries of the electric grid facilities of the adjacent grid organization, then such an organization is obliged to ensure the safety and integrity of the meter, as well as seals and (or) signs of visual control, to remove, store and provide it indications to persons determined in agreement with the owner of the metering device, or to ensure the admission of the owner of the metering device 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 Act of delimitation, the border of the balances electrical accessories ("Contacts for connecting tires to the pins 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 should be responsible for the room itself of the RU-0.4 kV, and for the door of this room, and for the lock on this door, and, accordingly, for our metering device, especially since we also had a key to this door (issuing a key was not formalized in any way). Since we refuse to pay the bill for unaccounted electricity consumption, the power supply company will sue. Another point: 1) in the Act on unrecorded consumption, the address of our object is indicated as the address of the place of unaccounted consumption, and not the address of the TP 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 network organization, and whether we have the prospect of challenging the Act on unaccounted electricity consumption and, accordingly, the charges made on the basis of this Act, in court. Thanks.

Alexander 18.05.2017

How can I connect a house to the gas that passes under my fence in Moscow if a neighbor and the director of an LLC in one person asks for a signature under his permission to insert 500 thousand. Are there any ways? Residents of the village, when conducting gas for themselves, created an LLC. Now, in order to connect to the pipe at my gate, I, among other things, 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 the gas?