What can be cooked from squid: quick and tasty

In order to account for the full consumption of utilities throughout the house, to identify the fact of shortages, general house accounting means are being established today. However, who pays the costs of installing and maintaining such equipment: the residents themselves, or is it a communal organization? Consider these and some other problems of installing common house meters.

General house metering devices

To begin with, it is worth noting that the decision to install collective metering equipment in apartment buildings was made back in 2009. This rule was enshrined in the Law on Energy Supply and Energy Efficiency Improvement. However, the rule itself began to operate in mid-2012.

The law establishes that the installation of such devices is not mandatory, but is of a recommendatory nature. Thus, those who live in MKD can install such equipment at their own discretion.

Cold water

To install common metering equipment for the whole house for expense accounting cold water it is necessary that the water supply system in the house is uniform. So, if part of the living quarters in the house is supplied with water from another system, then the device cannot be installed.

Although from an engineering point of view, the problem is recognized as solvable, from a legal point of view, a conflict arises between the decision of the residents themselves and the position of the communal organization. As a rule, if a house is supplied with water from two or more water supply systems, then several utilities provide this service.

In this situation, it will be problematic to keep a general record of water consumption in the entire apartment building. The most important thing is to choose a suitable water meter.

Hot water

WITH hot water when installing a metering device hot water for the whole house about the same problem... The peculiarity lies in the fact that the supplying utility organization so keeps a record of the hot one upon leaving.

Thus, it is necessary to clarify with the communal organization whether hot water is being counted upon leaving, because in this case, the installation of general house accounting equipment will lose its meaning.

On the other hand, residents will be able to use such a device to check the correctness of the receipts sent to them.

Household heat metering devices

To account for heat energy, no heat energy control units were installed. As a rule, the obligation to pay for heat is fulfilled in accordance with the standards established by the relevant regional authorities.

The specified standards are calculated for the area of each heated room, from which the amount to be paid is added up. Thus, it seems impossible to carry out a general metering of heat energy in an apartment building, since not all rooms in it are heated.

However, the law establishes that now the consumption of heat energy will be taken into account with the help of metering equipment installed at the power unit.

Electricity

Keeping a general record of electricity is much easier than with other types of utilities. So, no matter how many sources of electricity are connected to the house, general accounting can be carried out simply by drawing a common line through all of them.

At the same time, the tenants are subject to an additional burden in the form of additional payments for electricity. After all, electricity tends to be consumed when transmitted through wires. So the discrepancy between the total meter readings and the total readings of all tenant meters will be large.

Another question is who exactly will pay for this discrepancy? Who is the obligated person?

Installation of general house metering devices in apartment buildings

Order installation of such equipment has general regulations. So, in general, the process consists of the following stages:

Making a decision on the installation of devices for general metering for the whole house, at a meeting of all residents of the MKD.
Purchase of the appropriate counter.
Contacting an authorized utility company to agree on the installation of a meter.
Direct installation of the meter in the presence of representatives of the utility organization or their specialists.

The meter can be installed by any specialist. However, until the communal organization makes sure of the quality and correct operation of the equipment, which is confirmed by the presence of a certificate of conformity and does not seal it, its testimony will not be recognized.

Who should install general metering devices

So who should install the ODPU? The Federal Law quite clearly obliges the list of persons who must install a general house heat meter. So, in accordance with the previously specified Law, ODPU are obliged to establish:

building owners;
government bodies.

Owners are required to install the equipment in question in their buildings when, as government agencies, they are responsible for installing such a meter in buildings provided to them by the state for their activities and under their economic jurisdiction.

All owners in Russia were given a deadline until January 1, 2011 in order for them to equip their buildings with common accounting devices.

However, the joined regions of Russia - the Republic of Crimea and Sevastopol - were given a deadline until January 1, 2019.

It is also worth noting that the installation of such a counter is carried out without fail immediately after the commissioning of the building, regardless of whether overhaul or the building is newly erected. Responsible for the installation of such equipment is the organization carrying out the major overhaul or construction.

Who should pay for the installation of common metering devices

So, who should pay for the installation of common metering devices? In accordance with the legislation, the costs of installing general accounting equipment in apartment buildings and non-residential buildings must be borne by the owners of these buildings themselves or by the state bodies that are in charge of the corresponding buildings.

However, the law gives regional authorities the discretion to finance such events from regional budgets. The same authority is vested in the local administrations of all settlements in Russia.

In case the owners refuse to pay for the installation

In cases where the owners of residential premises in apartment buildings refuse to pay for the installation of the appropriate equipment, it will be carried out at the expense of the housing organization. In cases where the role of the housing organization is performed by the partnership of these owners, the installation is carried out at the expense of the local budget.

However, in the future, the cost of installing and operating this equipment will be included in the bills of utilities and apartment owners will still have to pay. For this reason, it is better to install the installation immediately at the expense of the housing organization, which is directly responsible for ensuring the operation. apartment building in accordance with legal requirements.

Why installation work is not carried out at the expense of maintenance funds

Maintenance apartment buildings is a planned measure aimed at eliminating problems arising during the operation of the building. So the funds collected for current repairs cannot be spent on installing a meter, since its absence is not some kind of sudden problem that seriously interferes with the operation of the dwelling.

In some cases, these funds can still be used for such expenses. But for this, it is necessary to obtain a decision of the meeting of homeowners of an apartment building and coordinate actions with the housing organization.

The procedure for installing a general house metering device

Installation of ODU is carried out in the following order:

The owners acquire the appropriate accounting equipment, which has a certificate of compliance with the regulations established in the Customs Union.
Representatives and specialists of the relevant communal organization are invited to install and seal the accounting equipment with their own means.

It is worth noting that the relevant utilities themselves provide a metering device that has already passed certification. The installation of their equipment will help to quickly carry out the procedure and avoid many disagreements about the quality of operation of a particular metering device.

When the general house metering device is put into operation

Household meters are put into operation after the sealing takes place. That is, from that moment on, the equipment begins to keep records of the communal services spent on general house needs.

However, for official commissioning, an appropriate act must be drawn up. It is signed by the responsible employee of the housing organization and the representative of the utilities.

Of course, the owners can install the meter without notifying the utility company.

However, in this case, this equipment will not be included in the dispatching system and will not be serviced. That is, the tenants themselves will have to pay for the current maintenance of the meter.

ODPU-benefits for MKD

The main advantage of installing common house meters is that tenants will be able to save money on costs for common house needs. So, they can only pay for the energy consumption that occurs inside the house.

only leakage inside the building will be counted;
utilities will no longer be able to distribute the shortage they have formed to tenants;
management companies will not be able to overstate the cost of services for general house needs at their own discretion without specific facts, etc.

That is, the installation of an ODPU will allow tenants to pay only for the energy actually consumed. Without this, the distribution will go according to the standard, which, as it turned out, forms a much higher cost than the actual expenses for general needs in apartment buildings.

According to the Law on Energy Saving, before July 1, 2012, residents of apartment buildings had to establish general house counters for water, electricity and heat, and water and electricity meters are in each apartment. Those who did not have time or did not want to - will install utilities, of course, not for free.
You can pay the bill in installments for five years, taking into account interest in the amount of the Central Bank's refinancing rate, if you do not want to pay for the installation in a shorter time.

However, not in all houses it is necessary, and indeed, installation of general house meters is possible. (Order of the Ministry of Regional Development of Russia dated December 29, 2011 N 627 "On the approval of criteria for the presence (absence) of the technical possibility of installing individual, general (apartment), collective (general house) metering devices, as well as the form of an inspection report to establish the presence (absence) of the technical capability of the installation such metering devices and the procedure for filling it out ”(Registered in the Ministry of Justice of Russia on April 23, 2012 N 23933).
Order No. 627. of December 29, 2011 determines that the installation of utility metering devices is impossible if this requires:

- Reconstruction

- Overhaul

- Creation of new indoor systems
General house meters are not installed if it is not possible to ensure compliance technical requirements to the place and order of their installation, as well as to create conditions for their correct operation.
The reason for this may be:

emergency conditions of intra-house systems,
non-observance of the temperature regime,
non-observance of permissible humidity,
non-observance of permissible electromagnetic interference,
inability to provide access to them for taking readings and maintenance.

It is necessary to record that the house is really not suitable for the installation of metering devices in a special act. Its sample is given in the Order of the Ministry of Regional Development of Russia dated December 29, 2011 N 627.
The drafting of such acts should be carried out by the managing organization or the HOA.
The document can become a serious support for residents of dilapidated and dilapidated houses, as well as houses with worn-out communications that oppose the installation of common house metering devices.
The proprietors foresee a sharp increase in the ONE (after all, resources will simply "flow away" through emergency networks) and also do not see the point in putting expensive equipment in a dilapidated and inefficient building.
Residents want the communications to be put in order by the former owner (local administrations) before installing the meters, in accordance with the Law of the Russian Federation of 04.07.1991 N 1541-1 (as amended on 11.06.2008) "On privatization housing stock in the Russian Federation "" Art. 16 of the Law "On Privatization"
The order of the Ministry of Regional Development, entered into force on September 1, 2012, and it will help such owners to receive a deferral from the mandatory installation of metering devices for all, and also, if necessary, through the court to prove the illegal accrual of ONE, if such a metering device was nevertheless installed.

Will those who fail to install the meters on time be punished?

The legislation does not provide for any fines; those who have no meters will pay according to the standards.

It is impossible to impose any product on us against our will. And no one has the right to do the reconstruction of our property without our consent. Therefore, it is likely that the installation of the meter and, more importantly, the payment of costs should be agreed with the owners of the premises.
But how the mechanism for agreeing with us the price and type of metering device will look like is not yet clear. One can only assume that Vodokanals and power engineers will first have to contact the tenants with a commercial proposal and only after the owners approve it at the general meeting, supply metering devices, and then bill them.

06.03.2013 13:15:38 Category: Utilities

All metering devices can be divided into 2 groups: individual and general house (collective). Individual metering devices are devices that take into account your personal consumption of utility resources. Household (collective) appliances take into account the consumption of the communal resource of the entire house, which includes the consumption of all its residents, plus consumption for general household needs ().

Terms of installation of metering devices for residential buildings

In accordance with clauses 5, 5.1, article 13 of the Federal Law "On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts Russian Federation" , the owners of residential buildings are required to install metering devices before the dates below.

Individual metering devices

v. Thermal energy- indefined

Who is obliged to install and pay for metering devices for residential buildings

In accordance with clause 9 of Article 13 of the Federal Law "On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation" No. 261-FZ dated November 23, 2009, from July 1, 2010, resource supplying organizations have no right to refuse to the persons who applied to them in the conclusion of the contract. The price of such an agreement is determined by agreement of the parties, and payment is made in equal installments within five years from the date of its conclusion (in this case, the price of the agreement increases by the amount of interest for an installment plan, but not more than the refinancing rate of the Central Bank of the Russian Federation), unless the consumer has expressed an intention to pay price at a time or with a shorter installment period.

Individual metering devices

Household (collective) metering devices

In accordance with clause 1 of article 39, clause 1 of article 158, the owner of a residential premises is obliged to bear the costs of maintaining the common property of an apartment building. Thus, the owners are also obliged to purchase and install (put into operation) a common house (collective) metering device. At the same time, in accordance with clause 16 of the Decree of the Government of the Russian Federation "On Approval of the Rules for the Maintenance of Common Property in an Apartment Building and the Rules for Changing the Amount of Payment for the Maintenance and home inadequate quality and (or) with interruptions exceeding the established duration ", the proper maintenance of the common property, depending on the method of management of the apartment building, is ensured:

a) owners of premises:

· By concluding an agreement for the management of an apartment building with a management organization - in accordance with clause 5 of Art. 161, 162 of the Housing Code of the Russian Federation;

By concluding an agreement on the maintenance and repair of common property with persons providing services and (or) performing work (with the direct management of an apartment building) - in accordance with Art. 164 of the Housing Code of the Russian Federation;

b) HOA, housing construction cooperative:

· Through membership of the owners of premises in these organizations - in accordance with sections V and VI of the Housing Code of the Russian Federation;

· By the conclusion of the owners of premises who are not members of these organizations, agreements on the maintenance and repair of common property with these organizations - in accordance with paragraph 2 of Art. 138 of the Housing Code of the Russian Federation.

Therefore, in this option, the responsibility for installing common house (collective) metering devices is shifted to service organizations (depending on the form of management).

Here are the responsibilities that relate to individual and general house (collective) metering devices.

In accordance with clause 7 of article 12 of Federal Law No. 261-FZ of November 23, 2009, Management Company, The HOA, the service organization, is regularly (at least once a year) obliged to develop and bring to the attention of the owners of premises in an apartment building proposals on energy saving and energy efficiency measures. The proposals indicate the cost of carrying out these activities, the amount of the expected decrease in the used energy resources and the payback period of the proposed activities. Thus, management companies, homeowners associations, service organizations have an obligation to inform the owner of apartment buildings about the need to install metering devices, about the cost of these works, about the planned results of these activities.

Until July 1, 2010, resource supplying organizations are obliged to provide the owners of residential buildings or organizations representing the interests of the owners (management companies, homeowners associations, service organizations), proposals for equipping residential buildings with metering devices for energy resources used. That is, all management companies, homeowners' associations, service organizations must be notified of the need to install metering devices and, in turn, inform the owners of residential premises (clause 10 of article 13 of Federal Law No. 261-FZ of November 23, 2009).

In the event that, before July 1, 2013, resource supplying organizations are obliged to take actions to equip with metering devices for communal resources. Owners who have not fulfilled their obligations to equip with metering devices for communal resources within the prescribed period must ensure that organizations are admitted to the installation sites of metering devices and pay the costs of installing these metering devices. And in case of refusal to pay the costs on a voluntary basis, the owners must also pay the costs incurred by these organizations in connection with the need for enforced collection. It should be noted that the payment of expenses in this case also occurs in equal installments over five years (while the amount of expenses increases by the amount of interest for the installment plan, but not more than the refinancing rate of the Central Bank of the Russian Federation), except if the owners have expressed their intention to pay these expenses at a time or with a shorter installment plan (Clause 12, Article 13 of Federal Law No. 261-FZ of November 23, 2009).

Responsibility for non-compliance with the requirements for the installation of metering devices for residential buildings

Responsibility for non-compliance with the requirements for the installation of metering devices for residential buildings is provided for by Art. 9.16. “Violation of the legislation on energy saving and on increasing energy efficiency” of the RF Code on Administrative Offenses. In accordance with this article, there are three points related to the installation of metering devices in residential buildings:

4. Failure by the "persons" responsible for the maintenance of apartment buildings to comply with the "requirements" of energy efficiency for apartment buildings, the "requirements" of their equipping with metering devices for the energy resources used, the requirements for mandatory "measures" to save energy and increase the energy efficiency of common property owners of premises in apartment buildings

5. Failure of the persons responsible for the maintenance of apartment buildings to comply with the "requirements" for the development and communication to the owners of premises in apartment buildings of proposals for measures to save energy and increase energy efficiency in apartment buildings

Shall entail the imposition of an administrative fine on officials in the amount of five thousand to ten thousand rubles; for persons engaged in entrepreneurial activity without forming a legal entity - from ten thousand to fifteen thousand rubles; on legal entities- from twenty thousand to thirty thousand rubles.
6. Failure to comply with organizations that are obliged to carry out activities for the installation, replacement, operation of metering devices for used energy resources, the supply of which or transfer of which they carry out, the "requirements" to provide the owners of residential buildings, country houses, garden houses, persons representing their interests, owners of premises in apartment buildings, persons responsible for the maintenance of apartment buildings, proposals for equipping with metering devices for the energy resources used, if the provision of these proposals to such persons is mandatory,

Shall entail the imposition of an administrative fine on officials in the amount of twenty thousand to thirty thousand rubles; for legal entities - from one hundred thousand to one hundred and fifty thousand rubles.

In the last issue of the magazine, the issue of the managing organization was considered, which, in connection with the established procedure for settlements for utilities with the owners of the premises, on the one hand, and the RNO, on the other hand, found itself in a difficult financial situation. The easiest way out is to install general house metering devices. However, tenants with individual counters obviously not interested in such a solution to the problem. Is it possible to mount a general house meter without the consent of the owners of the premises and take into account its readings when calculating utility bills?

First of all, let us draw the attention of the RNO and utility service providers to the fact that on February 28, 2012, the Rules that are binding upon the conclusion of the management organization or a homeowners' association or a housing cooperative or other specialized consumer cooperative of agreements with resource supplying organizations, approved By Decree of the Government of the Russian Federation of February 14, 2012 No. 124 ... According to p. 3 of this decree, the rules approved by it are applied with observance of certain peculiarities until they come into force New rules for the provision of utilities... In particular, the volume of a utility resource supplied under a resource supply agreement to an apartment building that is not equipped with a collective (common house) meter is determined by the formula in accordance with the appendix to the said resolution ( nn. "E" p. 3). This formula assumes the summation of the following values:

indications of individual metering devices (if available in the premises);
average monthly consumption of utility resources (during periods of repair, replacement, verification of individual meters);
consumption standards (in rooms not equipped with individual metering devices), including resource consumption for general household needs;
the estimated volume of utilities (in non-residential premises not equipped with metering devices);
the volume of the communal resource used in the production and provision of communal services for heating and (or) hot water supply using the equipment that is part of the common property.

As you can see, Resolution of the Government of the Russian Federation No. 124 a mandatory procedure has been introduced for calculating the volume of a utility resource supplied by RNO to an apartment building that is not equipped with a collective meter. This means that the management company and homeowners association serving houses without meters should receive resource bills with new figures already for March 2012. The use of only consumption standards in the calculation (if the house has rooms equipped with individual metering devices), as it was previously taking into account the arbitration practice, is now illegal. It turns out that the contractor of utilities does not form a difference between the amounts presented for payment of the RSO and the accrued residents. This means that there is no longer an urgent need to install general house meters.

Nevertheless, the problem presented in the title of the article does not lose its relevance, at least in relation to past periods.

Forced installation of a common house metering device

Forced installation of a common house metering device is provided Clause 12 of Art. 13 of the Energy Saving Law... So, p. 5 of this article obliges the owners of premises in MKD to ensure that houses are equipped with devices (including general house ones) for metering the used water, heat and electric energy, as well as putting the installed metering devices into operation before 01.07.2012. If this is not done, the RSO are obliged to install such meters no later than 01.07.2013 at the expense of the owners of the premises. After 07/01/2013, all meters should work. If the RNO detect violations of their operation and within two months the owners do not eliminate these violations, the RNO are obliged to start operating metering devices with the attribution of the incurred costs to the owners of these meters.

Forced installation of common house metering devices implies not only the direct installation of meters in the absence of the will of the residents, but also the imposition of corresponding costs on them. The law does not provide for other grounds when goods (meter) and work (meter installation) may be imposed on the owners of premises. Consequently, the installation of the meter and, more importantly, the payment of costs must be agreed with the owners of the premises (customers, payers). The fact that the costs of installing a general-purpose metering device can be included in the payment for the maintenance and repair of a dwelling, and the deadline for the performance of the corresponding work is provided for by the decision of the owners of the premises, it is said in Clause 6.1 of the Rules for changing the amount of payment for the maintenance and repair of residential premises approved Decree of the Government of the Russian Federation of 13.08.2006 No. 491 ... The management organization, as a utility service provider, is obliged to obey this decision of the owners of the premises (on the inclusion of the costs of the acquisition and installation of a collective meter in the composition of the payment for the maintenance and repair of the residential premises) no later than three months from the date of its adoption, unless another period is established by such a decision ( nn. "C" clause 31 of the New Rules for the Provision of Utilities). This is a special case of application general rule on the approval of the amount of payment for residential premises in proportion to the list, volume and quality of services and works for the maintenance and repair of common property and the execution of the decision of the owners of the premises.

Collective meter legislation

In order to answer the question formulated at the beginning of the article, we will cite all the norms of legislation concerning the general house metering device, the duties of certain persons for its installation, operation, etc.

In the field of ICD management

A collective (common house) metering device is a measuring instrument used to determine the volume (quantity) of communal resources submitted to the MKD ( clause 3 of the Rules for the provision of utilities). V New rules for the provision of utilities (p. 2) it is specified that it is not only a measuring instrument, but also a set of measuring instruments and additional equipment. But the fact that collective (common house) metering devices are common property is said in Rules for the maintenance of common property... In particular, such meters are included in the corresponding indoor engineering systems(cold and hot water supply - p. 5, heating - p. 6, power supply - p. 7). The place of installation of the general house metering device determines the border operational responsibility parties to the resource supply agreement, unless otherwise established by agreement with the owners of the premises ( p. 8). In this case, the outer border of the networks that are part of the common property is the outer border of the MKD wall, unless otherwise provided by the legislation of the Russian Federation. V paragraph 2, clause 7 of the Rules for the provision of utilities it is said that the owners of premises in MKD pay a fee for the volumes of communal resources purchased from the RNO based on the readings of metering devices installed at the border of networks that are part of the common property of owners of premises in MKD, with communal infrastructure systems, unless otherwise provided by the legislation of the Russian Federation. V paragraph 1 of this paragraph it comes on direct settlements between the owners of premises in MKD and RNO (when choosing direct management), and in par. 2- about payment for purchased resources, and not for utilities, which also indicates direct management. Nevertheless, the courts believe that the rule on the installation of a metering device at the border of networks is general, regardless of the way the MKD is managed.

Starting from 09.06.2011 (corresponding changes in clause 11 of the Rules for the maintenance of common property introduced Decree of the Government of the Russian Federation of 06.05.2011 No. 354 ) the maintenance of the common property includes, in particular, ensuring the installation and commissioning of collective (common house) metering devices for cold and hot water, heat and electric energy, natural gas, as well as their proper operation (inspections, Maintenance, verification of metering devices, etc.etc.)... By virtue of nn. "A" clause 16 of the Rules for the maintenance of common property The proper maintenance of the common property is ensured by the owners of the premises by concluding a management agreement with the management company (if the appropriate management method is chosen). The maintenance of the common property is the subject of a management agreement and is paid for at the expense of the owners of the premises ( nn. "A" p. 30).

For application purposes Federal Law dated July 21, 2007 No.185-FZ "On the Fund for Assistance to the Reform of the Housing and Communal Services" the installation of collective (common house) meters for the consumption of resources and control units (heat and electric energy, hot and cold water, gas) refers to the work on the overhaul of the MKD ( nn. 6 p. 3 art. 15). The same way implementation of a technically feasible and economically feasible modernization of residential buildings with the installation of metering devices for heat, water, gas, electricity and ensuring rational energy consumption carried out during the overhaul of the housing stock ( p. 2.4.2 Rules for the operation of housing stock and Appendix 8 to them). In turn, overhaul of common property in MKD is possible only on the basis of the decision of the general meeting of owners of premises, adopted by a qualified majority of votes ( nn. 1 p. 2 art. 44, clause 1 of Art. 46 LCD RF). In general, if we proceed from the fact that general house metering devices are part of the common property of the owners of premises, it is obvious that their installation and dismantling is possible only by agreement with the owners.

At the same time, it must be borne in mind that not always those objects that are assigned Rules for the maintenance of common property to the common share property are such. Let us recall how many disputes arise regarding various non-residential premises in MKD. In addition, one of the hallmarks of common property in an apartment building is the source of financing for its creation. For example, not always information and telecommunication networks, which are mentioned in p. 7 and 8 Rules for the maintenance of common property, belong to the owners of the premises. By analogy, it can be assumed that other objects (premises, equipment, structures) may be privately owned by third parties. In this sense, the formulation nn. "D" clause 34 of the New rules for the provision of utilities: the consumer is obliged to ensure that verification is carried out installed at the expense of the consumer collective (common house) metering devices, with the exception of cases when the contract containing provisions on the provision of utilities provides for the contractor's obligation to carry out maintenance of such metering devices. It turns out that a situation is possible when the meters are not installed at the expense of the consumer.

So, Utility rules prescribe to use the readings of the general house metering device when calculating the payment for consumers, if the MKD is equipped with one, and Rules for the maintenance of common property such a counter is referred to the common property of the owners of the premises in the house. Now let's look at the metering device of interest to us on the part of the RNO, because its readings are used not only in calculating the payment for utilities for consumers in the MKD, but also in the financial relations of the parties to the resource supply agreement (the executor of utilities and the RNO).

In the field of resource supply

Let us recall the legal position of the Presidium of the Supreme Arbitration Court, set forth, in particular, in Resolutions of 23.11.2010 No. 6530/10 , dated 22.09.2009 No. 5290/09 , according to which the accounting of the actual consumption of utility resources is possible in one of two ways: either according to the readings of metering devices located on the subscriber's networks at the border of operational responsibility between the RNO and the subscriber, or by calculation. That it is the subscriber who is obliged to ensure the accounting of the received drinking water and discharged Wastewater, said in Clause 32 of the Rules for the use of municipal water supply and sewerage systems in the Russian Federation,
approved Decree of the Government of the Russian Federation of 12.02.1999 No. 167 ... He is also responsible for the proper condition and serviceability of metering units, timely verification of measuring instruments. According to p. 34 these rules the metering unit should be located on the subscriber's networks, as a rule, on the border of operational responsibility between the organization of the water supply and sewerage system and the subscriber.

In the same way, the obligation to ensure metering of electrical energy is imposed on the buyer under the energy supply agreement in accordance with p. 71 of the Basic Provisions for the Functioning of Retail Electricity Markets approved Decree of the Government of the Russian Federation of August 31, 2006 No. 530 ... From the meaning of this document, it follows that the meter is installed at the point of delivery (at the border of the balance sheet of the buyer's power receivers, the place of fulfillment of the obligation under the power supply contract). This rule is concretized in p. 89: the amount of electricity purchased by the contractor of utilities from the guaranteeing supplier (energy sales organization) is determined at the border of the balance sheet belonging to the electric networks of the grid organization and intra-house electric networks. However, the location of the calculating meter (meter, the readings of which are taken for the purpose of determining the obligations of the parties) is also allowed not on the border of the balance sheet of electrical networks. However, in this case the volume of electrical energy received in electrical networks (released from electrical networks) is adjusted taking into account the amount of standard losses of electrical energy arising on the network section from the boundary of the balance sheet of electrical networks to the place of installation of the meter, unless a different procedure for adjustment is established by agreement of the parties(p. 143) . Clause 138 of the Basic Provisions for the Functioning of Retail Electricity Markets regulates the situation when both parties to the contract have a metering device: a device with a higher accuracy class is used as a calculated one, and another device is used to monitor the serviceability and accuracy of a calculated metering device. At the initiative of the consumer of electrical energy, the supply point can be equipped at his expense with a metering device in agreement with the grid organization at the power grid facilities belonging to it ( Clause 30 of the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services approved Decree of the Government of the Russian Federation of December 27, 2004 No. 861 ).

By virtue of clause 2 of Art. 19 of the Federal Law of 27.07.2010 No.190-FZ "On heat supply" commercial metering of heat energy and heat carrier is carried out by measuring them with metering devices, which are installed at the metering point located on the border of the balance sheet, unless another metering point is determined by the heat supply agreement or the agreement on the provision of services for the transfer of thermal energy. At the same time, commercial accounting of heat energy (power) and heat carrier supplied to consumers can be organized both by heat supply organizations and by consumers of heat energy. Organization of commercial metering of heat energy and coolant may include the installation and operation of metering devices ( p. 4 of the same article).

As you can see, industry documents primarily regulate the place of installation of metering devices. At the same time, attention is not focused on the fact that the metering device can be exclusively owned by the subscriber (moreover, the presence of settlement metering devices belonging to the RSO is allowed). This means that a metering device that measures the amount of a communal resource submitted to the MKD can either be part of the common property or belong to other persons. The main question remains: is it legitimate to use the readings of a device that is not the common property of the owners of premises when calculating utility bills to consumers in an apartment building?

Law enforcement practice

Above, we have cited all the provisions of the legislation that mention metering devices that measure the volume of communal resources supplied to the apartment building. Now let's see how these norms are applied in practice. Let's say right away that all the judicial acts at the disposal of the author relate to the supply of electricity. Household electricity metering devices were installed by verbal orders of local authorities by guaranteeing suppliers (energy sales organizations), grid organizations and management companies. Citizens learned about the presence of such counters only upon receipt of payment documents with the corresponding charges. Considering it illegal to install common house metering devices bypassing the general meeting of owners of premises in MKD, citizens-consumers
(Rospotrebnadzor and the prosecutor's office in their interests) disputed the possibility of using their testimony in the calculations. However, the courts were not unanimous.

The main thing is the presence of a general house metering device

The first position boils down to the fact that for use in settlements with consumers of utilities in an apartment building, the readings of this or that metering device are sufficient for it to be installed on the border of the networks that are part of the common property. The meter belonging to the common property of the owners of the premises in the apartment building is not a significant factor. Accordingly, a decision by a meeting of tenants to install a common house metering device is not required.

First of all, let us cite case No. А67-6196 / 2009 on the recognition of the illegal order issued by the Rospotrebnadzor department to the guaranteeing supplier. The courts of all three instances upheld the RNO (see. The decision of the Arbitration Court of the Tomsk Region dated 23.10.2009 No. А67-6196 / 2009, judgment of the Seventh Arbitration appellate court dated 11.01.2010 No.07AP-9981/09, FAS ZSO dated 02.03.2010 No. А67-6196 / 2009), and the SAC refused to refer the case for review by way of supervision ( Definition of 04/27/2010 No. VAS-4887/10). So, the MKD was under the control of the managing organization, which, by agreement, transferred to the last resort supplier the right to charge and collect payments for electricity directly from consumers (this procedure is allowed p. 90 of the Basic Provisions for the Functioning of Retail Electricity Markets). The guaranteeing supplier presented payment documents to citizens with charging payments, including for electricity for general household needs. In this case, the readings of a common house metering device were used, which was not included in the common property. This meter was installed by the Criminal Code at the border of the networks (as required by law) in pursuance of the order of the Deputy Mayor of the city, accepted by the network company for electrical metering, and was on the balance sheet and serviced by the Criminal Code. Rospotrebnadzor believed that it was illegal to charge a fee based on meter readings established on the basis not of a decision of a meeting of owners of premises (the only source for determining the composition of common property in an apartment building), but an order of local authorities, and insisted on charging a fee for electricity, taking into account consumption standards. However, the trial court concluded: the legislation of the Russian Federation does not link the method of calculating the payment for electricity consumed for general household needs with the accessory (being in possession, use, on the right of ownership) of the general household electricity metering device to the owners of residential and non-residential premises of an apartment building - consumers of electricity supplied by a resource supplying organization, but connects the method of calculation payments for consumed, including for general house needs, electricity only with the presence in this apartment building of a general house metering device for consumed electricity or with its absence. This conclusion was confirmed by the court of appeal. In the reasoning part of the district court's decision, this point was generally omitted.

The rest of the judicial acts, which will be given below, were adopted by the courts general jurisdiction... So, By definition dated 09.06.2011 No. 33-7561/2011 Sverdlovsk Regional Court canceled Decision of the Shalinsky District Court of the Sverdlovsk Region of 13.04.2011, which, at the claim of the consumer, recognized the actions of the guaranteeing supplier to calculate the payment for electricity for general household needs based on the readings of the general household metering device as illegal. The district court satisfied the citizen's claims, taking into account, in particular, that the general house metering device was installed without the consent of the owners of the residential premises and their notification. However, the regional court did not agree with its colleagues, finding the device, its installation (on the border of the balance sheet of the organization's electrical networks and internal electrical networks) and maintenance in accordance with the law.

Appeal By the definition of 06/21/2010 Petropavlovsk-Kamchatsky City Court of Kamchatka Territory left unchanged The decision of the magistrate of the judicial section No.11 Kamchatka Territory from 01.04.2010 at the claim of the guaranteeing supplier to the consumer for the collection of arrears in payment for electricity. The main argument of the defendant was that the metering device, according to which the fee was charged, was installed illegally, since the issue of its installation was not decided at the general meeting of the owners of the premises in the MKD, the general meeting of the owners of the Criminal Code did not give assignments for the installation of this device. The court decided that a collective household electricity meter was installed in the MKD - a commercial head metering device, which is confirmed by the annex to the contract between the guaranteeing supplier and the management company and the act of the guaranteeing supplier on the acceptance into operation of this device. Supporting the claims of the guaranteeing supplier to the citizen, the city court noted the following. The defendant's arguments that the collective (common house) metering device for electricity in the house in which he lives is not installed, but the commercial head metering device for electricity, the data on which is included in the technical documentation and according to which the fee is charged, is installed illegally and is not included in the composition of the common property of the house, are insolvent, since the above concepts define the same metering device, the costs of acquiring and installing which, due to its low cost, are not included in the article "major repairs", in connection with which the decision by the owners on the use of the specified a collective meter is not required. In addition, the court takes into account the fact that when choosing a method for managing a residential apartment building, residents thereby delegate their authority to manage the building to the management company..

The last act in this section is The decision of the Kambarsky District Court of the Udmurt Republic of 12.07.2010 No. 83 , who were denied the satisfaction of the citizens' application for the recognition of illegal actions of the Criminal Code on the installation of a collective electricity metering device, charging a fee based on its testimony and imposing on it the obligation to dismantle this meter. Consumers considered the installation of a metering device illegal, since it was carried out on the initiative of a network organization and with the consent of the Criminal Code, while the installation of a general house meter, in their opinion, is a reconstruction of engineering networks, which should be carried out only by decision of the general meeting of owners of premises in the house. Meanwhile, the court determined that the controversial metering device was purchased and installed at the expense of the network company and in its interests, is used as a settlement in the legal relationship between the Criminal Code and the guaranteeing supplier. The installation of the meter at the border of the balance sheet of the networks was carried out in fulfillment of the obligation to ensure the metering of electricity purchased by the Criminal Code, and does not violate the rights of consumer citizens who filed a claim. Already for the reason that the Criminal Code did not take action to install the meter, the claim against it in this part cannot be satisfied. The court emphasized that, based on the definition of a collective (common house) metering device, its status is determined not by its belonging to the common property of the owners of the premises of the house, but by the purpose of its use - to determine the volume (amount) of communal resources supplied to an apartment building ... , not included in the common property of an apartment building ... Proofs that the installation of a collective (common house) metering device for electrical energy is a reconstruction was not presented to the court. Requirements to dismantle the metering device contradict the current legislation and, according to the court, violate the rights of other apartment owners in the house, since by virtue of Energy Saving Law houses still need to be equipped with common meters. The plaintiffs submitted an absentee ballot of the owners of the premises of the house on the refusal of the electricity metering group common use... However, from the point of view of the court, this document cannot serve as a basis for recognizing the installation of a controversial metering device illegal. The possibility of refusing to use a collective (common house) metering device to settle payments for electricity supply services only on the basis of the owners' unwillingness to use it is not provided for by housing legislation. Installation of the controversial metering device does not violate the plaintiffs' rights. The plaintiffs did not provide evidence of the seizure of the common property of the owners during the installation of the controversial metering device, since the meter is installed on the border of the balance sheet of the networks.

Household meter - only owned by residents

Adherents of the second position believe that only a metering device that is in the common share ownership of the owners of premises in the MKD can be used as a general housekeeping device. Installing the device without the consent of the general meeting of the owners is illegal, it is unacceptable to make settlements with the tenants according to its testimony.

First of all, we present to the attention of the readers the cassation The determination of the Khabarovsk Regional Court dated 20.05.2011 No. 33-3335/2011 which was canceled Decision of the Vyazemsky District Court of the Khabarovsk Territory dated 02/10/2011... The initiator of the litigation is a citizen, the defendant is the supplier of last resort, the requirements (among other things) are to declare the installation of a general household electricity meter illegal, and the calculation of electricity consumption for general household needs - invalid. Having considered the materials of the case, the cassation board came to the following conclusions. First, given p. 89 and 90 Basic Provisions for the Functioning of Retail Electricity Markets the right of the supplier of last resort to receive payment for consumed electrical energy directly from the owners and tenants of residential premises in MKD may arise only in terms of electrical energy consumed in residential premises, in amounts determined on the basis of individual metering devices. Accordingly, the guaranteeing supplier does not have the right to independently charge tenants for electricity consumed for general household needs. That's why claim on invalidation of the corresponding calculation are subject to satisfaction. As for the metering devices, the cassation board considered the actions of the guaranteeing supplier to violate the requirements Energy Saving Law... This law imposes the obligation to install and commission common house metering devices specifically on the owners of premises in the MKD. RNOs only have to present them with a proposal to equip the house with meters. In the case of installing a metering device at the expense of budgetary funds, the owners of the premises are exempted from the corresponding obligation. Forced installation of metering devices is possible only after 01.07.2012 and only at the expense of the owners of the premises (if the expenses were paid by the RNO, the owners will reimburse them by installments). The controversial metering device was installed at the expense of the supplier of last resort (not at the expense of budgetary funds) on the basis of a decision made at a meeting with the head of the municipality. The guaranteeing supplier did not apply to the tenants with a proposal to install a metering device, the resource supply agreement with the management company does not provide for the right of the RSO to install a general-purpose metering device, and the meter has not been transferred to the common share ownership. The judicial board considers that the metering device is installed in violation Art. 13 of the Energy Saving Law, that is without taking into account the will of the owners of the premises of the house. Therefore, the installation of such a device is illegal, and the device itself cannot be used as a general house (collective) metering device for electrical energy..

Based on the legal position of the regional court, the Vyazemsky District Court of the Khabarovsk Territory made several decisions on disputes between the same guaranteeing supplier and other consumer citizens. The conclusions from the above cassation ruling were actually translated into the following decisions of the said district court: dated 21.12.2011 No. 2-718/2011 ,dated 26.10.2011 No. 2-612/2011 , dated 27.10.2011 No. 2-591/11 ... Moreover, in the last of the aforementioned judicial acts, the court satisfied the citizen's requirements not only regarding the recognition of the metering device as illegally installed, and the calculation of electricity consumption as invalid, but also in terms of imposing the obligation on the guaranteeing supplier to turn off and remove the controversial household metering device.

The last act at the disposal of the author is The decision of the Belevsky District Court of the Tula Region dated 02.14.2012 No. 2-17/12 , who satisfied the prosecutor's claim on the recognition of illegal actions of the energy sales company on charging a fee based on the testimony of general house metering devices and the obligation to recalculate the payment to consumers. The controversial metering devices were installed at the expense of the network company and belonged to it by right of ownership, respectively, were not part of the common property in the MKD. The conclusion of the court in the part of interest to us looks like this: the use of indications of collective (common house) metering devices to determine the amount of payment for utilities for residents is possible only if the metering devices are installed on outside wall an apartment building or belong to the owners of premises in this apartment building on the basis of common shared ownership... Disputed metering devices are installed mainly on supports overhead lines power transmission and in the basements of residential buildings. Neither the grid company, nor the energy sales organization, nor the local authorities notified the owners of the premises about the installation of metering devices. Thus, the court found that the installation of metering devices in houses was carried out in violation of the procedure and without agreement with the owners of premises in multi-apartment residential buildings and, therefore, their readings cannot be used in calculations.

Summary

The article contains all the provisions of regulatory legal acts that mention general house metering devices. Analysis judicial practice showed that these norms can be interpreted in exactly the opposite way. Prior to the formation of a legal position by the highest judicial authorities, the practice of applying legislation on the problem under consideration cannot be called established. However, it is obvious that, for example, in the Khabarovsk Territory, the courts of general jurisdiction will recognize illegal the use of a meter installed without the consent of the residents in payments for utilities (this is the position of the regional court).

The current situation reveals the imperfection and non-universality of legal norms, which, unfortunately, is not uncommon at the present time. In conclusion, it remains only to cite the position of the author. So, we are closer to the point of view, according to which the belonging of a general house metering device to a particular person is not a factor that determines the possibility of accepting his testimony for calculating utility bills. The main thing is the place of its installation, namely on the border of the networks owned by the owners of the premises. Of course, the metering device may be in the common property of the owners of the premises in the MKD. However, companies that own communications bordering on in-house engineering networks are also not prohibited from installing such meters. Accordingly, consent for the installation of metering devices on the border that will not belong to residents is not required from the latter. At the same time, it seems that the Criminal Code does not have the right to independently, in its own interests and at its own expense, install general house metering devices on networks that do not belong to it. Let us explain why. Despite the fact that the MC has the status of a subscriber in the resource supply agreement, the engineering networks inside the MKD do not belong to it, it does not have the right to use them to install any equipment. In addition, one should not forget that the Criminal Code acts as an executor under the management agreement, acts on the instructions of the owners of the premises. Before concluding the contract, the Criminal Code had the opportunity to obtain information about a specific apartment building and, in particular, whether it is equipped with general house metering devices. The only option for her is to convince the tenants of the need to install those. Naturally, all of the above is true, if we are not talking about the forced installation of metering devices in accordance with Energy Saving Law.

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See the article "Calculations of the management company for hot water supply: from RNO - according to standards, with tenants - according to meters".

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 05/06/2011 No. 354.

Federal Law of 23.11.2009 No. 261 FZ.

Approved by the Resolution of the State Construction Committee of the Russian Federation of September 27, 2003 No. 170.

For more details, see the article by M. O. Denisova "Basements of an apartment building: legal regime" (No. 5, 2011).

See the article by E. V. Ermolaeva "Telephone, radio, television in an apartment building" (No. 12, 2008).

It is noteworthy that the arbitrators find it impossible to use the readings of such a meter for calculating utility bills to consumers in MKD (see Resolution of the FAS ZSO dated November 24, 2009 No. A67-2773 / 2009).

It also says that metering devices in MKD, put into operation, must be installed by the developer. If the corresponding costs are included in the cost of building a house, the meter becomes the common property of the owners of the premises. However, we are considering equipping houses with metering devices, in which, according to the project, meters were not provided.

Vodokanal, at its own expense and without agreement with the owners of the premises, installed general house metering devices. Arbitration courts recognized the calculation of the debt of the Criminal Code, made on the basis of the readings of these meters, justified (Resolution of the FAS TsO dated 21.01.2009 No. F10-6056 / 08).

A similar opinion was expressed in the article by E. V. Emelyanova "Payment for electricity by the population directly to the supplier" (No. 10, 2010).