Claim for the obligation to recalculate payment for utility services

According to current legislation, in some cases citizens have the right to demand a recalculation of payments for utility services (light, water, heating, etc.). However, not everyone knows how to complete this procedure.

This article will help you find answers to the following questions:

• In what cases can you expect a reduction in the cost of housing and communal services?
• How to make an application correctly?
• Where to file and what to do if the Criminal Code illegally rejects the request for recalculation?

How and where to write an application for recalculation of utility bills

Recalculation of the cost of utilities is carried out on the basis of a written application from the owner of the apartment or private household. At the same time, you can send it directly to the organization that provides housing and communal services or to the body that performs the functions of managing apartment buildings. The second of the mentioned options is preferable, start with it.

Housing and communal services or management company

Many citizens are often interested in where exactly to submit their application for recalculation. The answer to this question will mainly depend on the category of property in which the applicant resides. There are two possible options:

1. Apartment building - in this case, the application should be submitted to the organization that performs the functions of managing and maintaining the common property of apartment owners. This could be a management company (MC), a homeowners association (HOA), a housing cooperative, etc.
2. Private home ownership - an application for recalculation of payments for housing and communal services should be submitted directly to the supplier of the corresponding type of utility service (for example, to a water utility) or to SNT, DNP, etc. (if the owner of the house is a member of such associations).

Contacting supervisory organizations

As a rule, the need to contact supervisory authorities arises when a management company (housing association, housing complex, etc.) or a specific organization from the housing and communal services sector does not want to recalculate payments for utility services (provided that such a requirement in this case is legal).

In such a situation, the consumer has the right to complain to higher authorities. They may be:

1. The Housing Inspectorate (HHI) is a government body, one of the main functions of which is to monitor the activities of management companies. Within the framework of their powers, representatives of the State Housing Authority issue licenses to management companies, as well as prevent, identify and suppress violations in this area.
2. Rospotrebnadzor is an agency whose main purpose is to ensure and protect consumer rights, as well as implement the provisions of the Russian Federation Law “On ZPP”. Owners of apartments in MKDs are also consumers of services provided to them by management organizations (HOA, LCD). In this regard, in case of refusal to recalculate the cost of housing and communal services, residents can also file a complaint with Rospotrebnadzor.
3. The prosecutor's office is one of the last resorts to which a citizen who has been denied a lawful reduction in utility bills can complain. As a rule, people come here if all previous options have not brought the desired result.

What are the grounds for recalculating fees?

They are required to recalculate fees for utilities in the absence of services, poor quality of services, or interruptions in the supply of light, heat, gas, water, or electricity.

Poor quality services

Services that differ from those provided for by law are considered to be of poor quality. The consumer will have to prove their non-compliance. To do this, you can call specialists from the utility organization. They must take measurements and draw up a report. The document is created in two copies, one of which is kept by the owner of the property.

In this case, you should clearly know the balance sheet distinction between the consumer and the supplier organization. Acts of service provision are drawn up at the demarcation point. For example: such a point is the entrance to the building. If the temperature at the common building heat metering station corresponds to the standard, but the apartment is cold, claims against the management company. This means that the pipes have not been flushed for a long time, or there are other reasons.

If utility companies do not respond to the application, you will have to fill out the form yourself. In this situation, you will need instruments that allow you to make measurements, and several neighbors. The paper must contain information about the time and place of measurements. The procedure for carrying them out must be described. For example: the hot water tap is turned on all the way. A thermometer is placed under the stream to record the temperature. Indicators are entered into documents. For accuracy, measurements should be taken several times a day. All participating people must sign the document.

This is important to know: Tax deduction when buying a house with a plot in 2021

The network voltage should be 220 volts, but deviations of 10% are allowed. Reduced indicators indicate poor quality electricity. You can measure them using a household voltmeter; this is done in the electrical panel. The readings may be reduced by faulty appliances located in the apartment.

For the provision of low-quality services, penalties and fines are provided.

Important: requests for recalculation must be supported by documents.

Network repair

Utility companies are required to warn about upcoming repairs, shutdowns of water, electricity, gas, and heat several days in advance. No payments will be made during the work.

For emergencies, troubleshooting times have been established. For example: there may be no light in apartments for 24 hours in a row, but no more than 3 days per year. If the electricity goes out regularly, you need to write a claim to the management company demanding a recalculation.

Residents of apartments without meters can apply for this. They pay for services at average rates.

Recalculation of water disposal is impossible without changing the payment for consumed water.

Temporary absence

If a person plans to not live at home for some time (going on vacation, a long business trip), and does not have individual metering devices in the apartment, you can contact the management company with a request not to charge payments during your absence.

Services paid for using intra-apartment meters are not subject to recalculation. You will also have to pay for the maintenance of common property and heating.

Reducing the number of residents

In the event of a divorce, in the event of the death of a tenant, rent is not calculated. To exercise the right, you need to inform the management company that the number of people living has decreased and attach a supporting document: an extract from the migration service or a death certificate.

Receiving benefits and subsidies

If a person retires, becomes disabled, or receives assistance from the state, he can count on reduced payments. This should be reported to the management organization. When paying for services according to the general rules, such people may require recalculation.

The provision of benefits is carried out by the Department of Social Protection of the Population. The registration takes place at their place, and then this institution sends the lists to the organizations that provide utility services, where recalculation is carried out.

Incorrectly transmitted meter readings

If the homeowner made a mistake by reporting inflated meter readings installed in the apartment, he may ask for a review of the accrued fee. Mandatory recalculation will be carried out if the information is incorrect. Must be double-checked by a controller.

The management company may not take into account meter readings if seals are broken, the instrument verification period has expired, or unauthorized connections to networks are detected. From the moment it is discovered that residents have violated the rules for using public utilities, the latter will be assessed according to established standards.

In what cases is such a statement written?

An entire section (VIII) of the Government of the Russian Federation of May 6, 2011 No. 354 is devoted to the procedure for recalculating payments for utility services.

Thus, within the framework of this regulatory document the following is described in detail:

• When citizens have the right to claim a reduction in the amount accrued for housing and communal services.
• The conditions that must be met for this and how a letter containing a request to receive such a preference is drawn up.

Did not reside temporarily

In accordance with clause 1 of Section VIII of the above-mentioned Decree of the Government of the Russian Federation, citizens have the right to apply for a recalculation in the event of a temporary absence from the territory of the relevant living space. In this case, it is necessary to comply with the following conditions:

• the period of absence from the residential premises is more than 5 calendar days;
• the apartment should not be equipped with a device for metering the consumption of the corresponding utility resource due to the impossibility of installing it from a technical point of view (this circumstance must be confirmed in accordance with the procedure established in 2021).

If the consumer does not have documentary evidence of the impossibility of installing meters, or this equipment is in faulty condition, then he will not be provided with a recalculation of utility bills.

The only exception is the case when all residents were absent from a particular premises for reasons of force majeure (if there is documentary evidence of this fact). This is stated in paragraph. 2 clause 86 of section VIII of the Decree of the Government of the Russian Federation No. 354.

Death of the registered

One important point should be noted right away. Sometimes the relatives of the deceased (if he lived alone in the apartment) are of the opinion that in the situation, since he is no longer in a specific living space, then there is no need to make utility payments for him.

However, this is a very erroneous point of view, which contradicts paragraph 11 of Article 155 of the Housing Code of the Russian Federation, which states that non-residence in residential premises is not grounds for non-payment of utilities and rent. The only thing you can count on in the event of the death of someone registered is recalculation of housing and communal services.

At the same time, before proceeding with the registration of the claimed right, the relatives of the deceased must receive a full package of documents confirming the fact of death (certificate and death certificate), discharge the deceased and only after that submit an application for recalculation.

Other options

Also in practice, there are also other situations in which owners of apartments and private households have the right to count on a reduction in utility bills. You can learn more about these options in our other article.

Do not use the standard in formulas in calculations after July 10, 2021

In determination No. 30-P, the Constitutional Court of the Russian Federation indicated that before appropriate changes are made to regulatory legal acts, the calculation of heating charges must be made according to the model established by paragraph. 4 clause 42(1) RF PP No. 354.

For premises where there are no individual heat energy metering devices, instead of meter readings, heat supply utilities performers take into account the value derived from the heating utility consumption standard.

And here, providers of public services need to be very careful, since the Constitutional Court of the Russian Federation decided to use in calculations not a standard, but a value derived from it.

The standard already contains the amount of resource for one unit. And if instead of the derivative in the adjustment formulas we use the standard, and not its derivative, then the consumer of thermal energy will pay twice for his part of the ODN. Thus, the contractor will violate his rights.

Have the formulas for calculating heating fees changed: a lawyer explains
54390

34

Documents for recalculation of utility bills

As noted above, obtaining such a preference for utility bills is made on the basis of a written application from the consumer, to which the following documents are attached (paragraph 2 of clause 92 of Government Decree No. 354 of the Russian Federation):

1. Inspection report - in this paper, a special commission records the fact of the technical impossibility of installing individual or general meters to account for consumed resources in the housing and communal services sector.
2. Papers confirming the consumer’s temporary absence - clause 93 of the above-mentioned Decree of the Government of the Russian Federation lists a whole list of documents that can be used as evidence of the legality of the demand put forward. This includes the following:

• travel certificate, administrative document (order from the head of the organization) about sending on a business trip or a corresponding certificate with attached travel tickets;
• a certificate from a medical institution confirming treatment in a hospital or a voucher to a sanatorium;
• receipts confirming accommodation in a hotel (dormitory) or the like;
• a certificate from an organization providing services for private security of a residential building in which the citizen was temporarily absent;
• paper confirming your presence in an educational institution, orphanage, etc.;
• other documents.

All supporting documents (with the exception of travel tickets) must necessarily contain the signatures of the heads of the organizations on whose behalf they were issued and endorsed with the appropriate seals.

If any of the documents is drawn up in a foreign language, the applicant must first make a notarized translation into Russian.

On what grounds is recalculation possible?

Having analyzed the provisions of the Government of the Russian Federation No. 354, we can identify the following grounds for recalculating housing and communal services, including water:

• Temporary absence of premises owners for 5 or more days. Provided that meters cannot be installed in the apartment (clause 86 of Section VIII).
• Providing a service of inadequate quality. These may be breaks longer than normal, low pressure, lack of hot water, etc. (clause 98 of Section IX).
• If during verification of the meter, unauthorized interference in its operation by the service consumer was discovered (part 6, clause 81(11) of section VII).
• If discrepancies are identified between the readings of the meter installed in the apartment and the data provided by the owner. Provided that the water consumption meter is fully operational (clause 61 of Section VI).
• If temporary consumers live in a room without a meter. In this case, recalculation is made based on the actual number of residents (clause 56 of Section VI).

You can find more detailed information on each of the grounds for revising housing and communal services fees in our other article. ⇐

Deadlines for submitting an application for recalculation of utility bills

In accordance with clause 91 of Section VIII of the Government of the Russian Federation No. 354, citizens can submit an application for a recalculation of payments for housing and communal services as follows:

• before the start of the period of temporary absence;
• after returning from a trip (business trip, study, treatment, etc.).

In the first case, a specific deadline for filing an application is not established by law. However, it is said that the contractor will have to recalculate within 5 days from the date of your request.

In the second situation, the citizen must have time to write and submit an application within 30 days after returning. Otherwise, the management company (housing association, housing complex) or the utility supplier has every right to refuse such a request.

Please note that according to current legislation, the total period for which a recalculation can be obtained should not exceed 6 months. For valid reasons, you can extend it for the same amount.

Deadlines

The timing depends on the requirements. For example, utility services must respond to an apartment owner’s request about the quality of services provided within 5 days .

When to file a claim

The legislator does not provide for temporary restrictions on citizens' demands for recalculation of payments. The exception is cases of temporary absence of residents. The latter must have time to inform about their right 30 days from the date of return from vacation or business trip. If a person warns in advance about departure, the fee will be recalculated for a period of no more than 6 months. This period may be extended.

In other situations, you can ask for a review of fees for the past 3 years. The countdown will begin from the date of the complaint.

When should you answer?

Management companies are required to inform the applicant about the decision made 3 days from the date of registration of the application. They have 5 days to report on the quantity and quality of services provided. The Consumer Protection Law gives 10 days to comply with the victim’s demands to eliminate violations.

Payments are recalculated 5 days in advance if a person informs about departure in advance.

When will they deduct

A new calculation must be made immediately. Most often, you can see the result in receipts for the month following the application. At the request of the apartment owner, new receipts are issued 10 days after the application.

Recalculating fees in the future, for example next year, violates the law.

Important: recalculation is made 10 days in advance, and in case of departure, you can ask for recalculation six months in advance.

Application for recalculation of utilities, form of preparation, important aspects, sample, examples

After the complete package of supporting documents has been collected by the apartment owner, you should begin drawing up an application for recalculation of utility fees. It is submitted in writing. In this case, a standard form for such a document can be downloaded directly from the website of the management company or supplier of the relevant utility service.

Regardless of the type of resource for which a fee recalculation is requested,

this year usually includes the following items:

1. “Hat” - information about the addressee (name of the organization, full name of the head) and the applicant (full name, address, phone number) is indicated here.
2. The name of the document – ​​usually a short word is written here – “Statement”.
3. Requests to reduce fees for a specific type of utility services - an example of the wording of such a requirement: “I ask you to recalculate the fees for cold and hot water supply...”.
4. The period (day, month, year) during which the applicant and other registered persons were absent from the apartment, indicating specific names.
5. The reason why the residents were absent from the living quarters.
6. A list of documents confirming the legality of the demand for recalculation.

The final stage is to indicate the date of writing the application, sign it and attach all the necessary papers.

Please remember that the following important aspects should be taken into account when preparing this document:

• if the applicant sends it to the management company or resource provider before the start of the period of temporary absence, then it is necessary to make a note in the document that supporting documents will be presented after return (if they do not already exist). This is stated in paragraph. 3 paragraph 91;
• It is important to remember that according to the law, recalculation is not made for utilities related to meeting general household needs (clause 88);
• a reduction in sewerage fees is made only if a request is made for recalculation of hot or cold water (clause 87).

Drawing up an application

Many people, intending to achieve justice and reduce payments, have no idea how to write an application for recalculation of utility services. There is no single form, but there are certain rules for drawing it up. In the upper right corner it is written where and from whom the document is sent. The name of the document is indicated in the middle, and below is the necessary information and a list of documents that are submitted along with the application. You need to fill in your details below.

Such documents are not considered by all employees, so the application must be written to the director of the management company. To do this, you need to indicate on the right side (at the top of the document) the position of the director, his full name, and the name of the organization that should recalculate the cost of services. Just below the applicant indicates his own data. First you need to enter your last name, first name and patronymic, then indicate your address and contact information.

The main part of the document includes the essence of the request or claim to the utility organization. An individual usually writes that he asks to recalculate the accrued value on a certain basis.

It is necessary to indicate for what period the recalculation should be made, namely: the start date and the end date. In addition to indicating the reasons for recalculation, it is necessary to note that you are attaching the relevant documents; they can be indicated in a list. The applicant must take into account other important points:

• Only the owner of the property can submit an application;
• If meters are installed in the apartment, then recalculation can be issued only for garbage removal and use of the elevator.

If you do not have documents confirming your absence, recalculation is impossible. After you have written an application and attached the necessary documents to it, you should take the papers to the management company and ask the employee who deals with such issues to register the application. The same copy must be kept with you; an incoming number is stamped on it, which is assigned to the document when it arrives at the office of the Criminal Code.

The management company can independently carry out recalculation if a natural disaster occurs, the supply of resources is stopped due to an accident, a cable is broken, or an emergency occurs, which is legally a reason for stopping the supply of services.

Sample application for recalculation of utilities for garbage removal

One of the types of services in the housing and communal services sector is garbage removal, that is, the management of solid municipal waste. In addition to water, gas, electricity, etc., citizens have the right to request a recalculation of fees for the removal of various wastes.

To do this, you also need to prepare a written statement using a standard template, which can be found on the contractor’s website or on our website. Its content is similar to the document described in the previous paragraph. The data must be changed only at the point where the specific type of housing and communal services is indicated.

Complaint to the prosecutor's office against the management company for illegal charges, sample

Sometimes situations occur when a written request for a recalculation remains unheard by the management company. In some cases, such a refusal is lawful (for example, the minimum period of temporary absence has not been met, supporting documents have not been submitted, etc.). However, residents of apartment buildings often end up overpaying for one or another utility service due to the reluctance of management company employees to provide recalculation.

In such a situation, an effective tool of influence is to contact the prosecutor's office. However, the following rules must be observed:

• before complaining to this department, you must send a written complaint to the Criminal Code, and if the addressee ignores it, contact the State Housing Inspectorate or Rospotrebnadzor;
• your appeal should be sent to the district prosecutor's office.

In general, a complaint about incorrect calculation and collection of utility bills (due to failure to provide a recalculation) is drawn up in any form. However, it must clearly and clearly express the essence of the requirements and claims against the violator.

Upon receipt of a signal, prosecutors will conduct an investigation into the violator. If the fact of incorrect calculation of payments for housing and communal services is revealed, he will be held accountable.

How to prove

Management companies carry out recalculations based on written applications from citizens. Payments are automatically recalculated upward. The applicant needs to justify the right to a price reduction:

1. You can prove poor-quality services with the help of employees of the management company or neighbors. They are confirmed by acts, measurements, and expert opinions are allowed. Violations can also be recorded using photos and video equipment. In the latter case, it is necessary to set the exact time and date. The quality of the images should allow you to see small details - readings of a voltmeter, thermometer.
2. Repair work is confirmed by notices posted near the entrances by utility workers. Written evidence from residents of the house is acceptable.
3. Departure is proven by travel documents, train and plane tickets, and vouchers. The listed documents are issued to a specific person. Must be provided prior to departure.
4. The death of the tenant is confirmed by a certificate or court decision. If a person simply moved to live in another place, then it is enough to take a certificate of deregistration. Most often they are given by management organizations.
5. Certificates from the Pension Fund and social security authorities will be the basis for recalculation in the event of disability or retirement. Provided to the Social Security Administration.

When to go to court

In practice, there are cases when none of the methods described above for influencing the management company produces positive results. Then the consumer has only one option - filing a claim in court for the return of overpaid money for housing and communal services (due to the illegal refusal to carry out recalculation).

The general algorithm of actions when going to court will be as follows:

• sending a pre-trial claim to the violator;
• preparing a claim for non-accrual of recalculation;
• collection of additional documents (receipt for payment of state duty, papers confirming the right to a reduction in housing and communal services fees due to temporary absence, etc.);
• submission of a complete package of documents to the district court;
• receipt of a subpoena and active participation in the proceedings.

Sample on how to write an application to the Criminal Code

There are no application forms provided. Appeals are drawn up according to a template that includes the required elements:

1. Name. You must correctly write the name and address of the management company. It is better to contact the director of the organization.
2. Last name, first name and patronymic of the applicant, address and telephone number. Information is needed to send a response.
3. The text of the application or claim must contain information about the grounds for receiving a recalculation:

• report a period of absence of light, gas, water, heat;
• clarify the time of the business trip;
• indicate the date of move, death of the tenant;
• notify about benefits and subsidies received.

1. You should indicate a request to recalculate the payment for the past time. If the appeal is made in the form of a claim or complaint, be sure to inform about your intention to go to court in case of refusal.
2. At the end the date and signature of the applicant are affixed.
3. It is better to list the attached documents: copies of certificates, receipts, conclusions, acts.

Recalculation is done by management companies and unified settlement centers. The latter are created by municipal authorities. The procedure for applying can be clarified with management companies.

Important: if supporting documents are available, utility companies are required to recalculate payments, but no more than for the previous three years.

Statement of claim for overpayment for utilities, sample

Particular attention should be paid to drafting the statement of claim, since the outcome of the trial largely depends on its correctness. It is best to entrust this task to an experienced lawyer who can take into account all the nuances of a particular situation.

In general, the procedure for preparing a statement of claim is described in detail in Article 131 of the Code of Civil Procedure of the Russian Federation. Thus, according to paragraph 2, the following information must be reflected in the claim:

• the name of the judicial authority to which the application is sent;
• the name of the plaintiff with residential address, the name of the defendant organization, do not forget to indicate its location;
• description of the type and nature of the violation committed by the Criminal Code;
• proof;
• the amount of amounts to be reimbursed by the management company in favor of the plaintiff (for example, compensation for moral damage, refund of money for paid state duty, etc.).

If the claims are satisfied, the management company will have to repay the debt established by the court. Please keep in mind that the overpayment itself resulting from failure to provide the recalculation service is taken into account against future payments.

Thus, according to the law, the contractor has the obligation to reduce the cost of utilities in the event of temporary absence of residents (more than 5 days), as well as subject to the condition related to the impossibility of taking readings on the consumption of resources in the housing and communal services sector. If these provisions are not observed, citizens have every right to complain to higher authorities, including going to court.

What is recalculation in housing and communal services receipts for water, utilities and resolution 354

In the general understanding, recalculation in the housing and communal services sector means an adjustment of previously paid payments for utility services, as a result of which accrued amounts may be reduced or increased. In the latter case, the owner of the premises will have to pay the missing difference.

A complete list of grounds for reviewing fees for housing and communal services is described in Decree of the Government of the Russian Federation dated May 6, 2011 No. 354.

In accordance with paragraphs. g clause 69 of section VI of the mentioned normative act, this information must be reflected as a separate line in the receipt for payment of utilities (in addition to rent). In the future, this document must be sent to the consumer no later than the 1st day of the month following the period subject to payment.

This is important to know: VAT benefits for housing and communal services management companies