These Rules came into force on September 1, 2012, while in some cases (taking into account the legislation in a particular region), the previous version of the Rules continued to be valid in terms of paying for heating services.

See the full text of the Rules in the attached download!

Approved
Government Decree
Russian Federation
dated May 6, 2011 N 354

RULES FOR THE PROVISION OF PUBLIC SERVICES TO OWNERS AND USERS OF PREMISES IN APARTMENT BUILDINGS AND RESIDENTIAL BUILDINGS

(as amended by Decrees of the Government of the Russian Federation of 27.08.2012 N 857, of 16.04.2013 N 344, of 14.05.2013 N 410, of 22.07.2013 N 614, of 19.09.2013 N 824, of 17.02.2014 N 112, dated 02/25/2014 N 136, dated 03/26/2014 N 230, dated 02/14/2015 N 129, dated 09/04/2015 N 941, dated 12/25/2015 N 1434, dated 06/29/2016 N 603, dated 12/26/2016 N 1498.2 .2017 N 232, dated 06/27/2017 N 754, dated 09/09/2017 N 1091, as amended by the Ruling of the Supreme Court of the Russian Federation dated 03/19/2013 N APL13-82)

I. General provisions

1. These Rules govern relations for the provision of public services to owners and users of premises in apartment buildings, owners and users of residential buildings, including relations between performers and consumers of public services, establish their rights and obligations, the procedure for concluding an agreement containing provisions on the provision of public utilities services, as well as the procedure for monitoring the quality of the provision of public utilities, the procedure for determining the amount of fees for utilities using metering devices and in their absence, the procedure for recalculating the amount of fees for certain types of utilities during the period of temporary absence of citizens in the occupied residential premises, the procedure for changing the size of fees for public services in the provision of public services of inadequate quality and (or) with interruptions exceeding the established duration, determine the grounds and procedure for suspending or restricting the provision of public services, as well as regulate issues related to the onset of responsibility of performers and consumers of public services.

2. The terms used in these Rules mean the following:

"in-house engineering systems" - engineering communications (networks), mechanical, electrical, sanitary and other equipment, which are common property of the owners of premises in an apartment building, designed to supply communal resources from centralized engineering networks to in-house equipment, as well as for production and provision by the contractor of utility services for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply), garbage collection chambers, garbage chutes.
(as amended by Decree of the Government of the Russian Federation of February 27, 2017 N 232)

In residential buildings, in-house engineering systems include those located within the land plot on which the residential building is located, as well as engineering communications (networks) located in the residential building, mechanical, electrical, sanitary and other equipment, using which utility services are consumed;

"intra-apartment equipment" - engineering communications (networks), mechanical, electrical, sanitary and other equipment located in a residential or non-residential premises in an apartment building and not included in the internal engineering systems of an apartment building, using which utility services are consumed;

"household" - a residential building (part of a residential building) and adjoining and (or) separately standing on a common land plot with a residential building (part of a residential building) outbuildings (garage, bathhouse (sauna, swimming pool), greenhouse ( winter Garden), premises for keeping livestock and poultry, other facilities);

"individual metering device" - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (quantity) of consumption of a communal resource in one residential or non-residential premises in an apartment building (with the exception of residential premises in a communal apartment), in a residential building ( parts of a residential building) or household;

"performer" - a legal entity, regardless of the organizational and legal form, or an individual entrepreneur providing utility services to the consumer;

"collective (common house) metering device" - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (quantity) of a communal resource supplied to an apartment building;
(as amended by Decree of the Government of the Russian Federation of June 29, 2016 N 603)

"utility services" - the implementation of the contractor's activities in supplying consumers with any communal resource individually or 2 or more of them in any combination in order to ensure favorable and safe conditions for the use of residential, non-residential premises, common property in an apartment building in cases established by these Rules, as well as land plots and residential buildings (households) located on them. The municipal service includes the service of solid municipal waste management;
(as amended by Decrees of the Government of the Russian Federation of December 26, 2016 N 1498, of February 27, 2017 N 232)

"communal resources" - cold water, hot water, electricity, gas, thermal energy, coolant in the form of hot water in open heating systems (hot water supply), domestic gas in cylinders, solid fuel in the presence of stove heating, used to provide utilities and consumed in the maintenance of common property in an apartment building. Wastewater discharged through centralized networks of engineering and technical support is also equated to communal resources;
(As amended by Decrees of the Government of the Russian Federation of May 14, 2013 N 410, of February 14, 2015 N 129, of December 26, 2016 N 1498)

"room electric energy meter" - a measuring instrument used to determine the volume (quantity) of electric energy consumption in one residential premises of a consumer in a communal apartment or in several residential premises occupied by a consumer in a communal apartment, provided that such a meter allows you to determine the volume (amount) of electrical energy consumption in total for several residential premises occupied by the consumer;

"non-residential premises in an apartment building" - a room in an apartment building specified in the design or technical documentation to an apartment building or electronic passport an apartment building that is not a residential building and is not included in the common property of the owners of premises in an apartment building, regardless of the presence of a separate entrance or connection (technological connection) to external utility networks, including built-in and attached premises. In these Rules, parts are equated to non-residential premises apartment buildings designed to accommodate Vehicle(parking spaces, underground garages and parking lots provided for by the project documentation);

"communal service consumption standard" - a quantitative indicator of the volume of consumption of a communal resource, approved in the prescribed manner by the authorities state power constituent entities of the Russian Federation and used to calculate the amount of payment for a utility service in the absence of metering devices and in other cases provided for by these Rules;
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

"general (apartment) metering device" - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (quantity) of consumption of a communal resource in a communal apartment;

"consumer" - the owner of premises in an apartment building, residential building, home ownership, as well as a person using other legal basis premises in an apartment building, residential building, household, consuming utilities;
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

"distributor" - a device used in an apartment building equipped with a collective (common house) heat energy meter, and which allows you to determine the share of consumption of utility heating services attributable to a separate residential or non-residential premises in which such devices are installed in the total consumption utilities for heating in all residential and non-residential premises in an apartment building in which distributors are installed;

"resource-supplying organization" - a legal entity, regardless of the organizational and legal form, as well as an individual entrepreneur selling communal resources (diverting Wastewater);
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

"centralized networks of engineering and technical support" - a set of pipelines, communications and other structures designed to supply communal resources to in-house engineering systems (discharge of wastewater from in-house engineering systems);
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

"degree of improvement of an apartment building or residential building" - a qualitative characteristic of an apartment building or residential building, determined by the presence and composition of in-house engineering systems that ensure the provision of utility services to consumers of the types that can be provided using such in-house engineering systems.

The terms "residential premises" and "managing organization" are used in these Rules in the meanings determined by the Housing Code of the Russian Federation.

Unless otherwise specified in these Rules, the term "gas" means gas supplied through centralized gas supply networks and through in-house engineering gas supply systems.
(as amended by Decree of the Government of the Russian Federation of 14.05.2013 N 410)

The term "regional operator for the treatment of municipal solid waste" is used in these Rules in the meaning defined by the Federal Law "On Production and Consumption Waste".
(the paragraph was introduced by Decree of the Government of the Russian Federation of February 27, 2017 N 232)

II. Conditions for the provision of public services

3. The conditions for the provision of utility services to a consumer in an apartment building or in a residential building (household) are as follows:

a) utilities are provided to consumers starting from the moment established by the housing legislation of the Russian Federation, namely:

from the moment the right of ownership to the dwelling arises - to the owner of the dwelling and persons living with him;

from the moment of provision of housing by a housing, housing and construction cooperative - a member of a housing, housing and construction cooperative and persons living with him;

from the date of conclusion of the lease agreement - to the tenant of the residential premises under such an agreement and to the persons living with him;

from the date of conclusion of the lease agreement - to the tenant of the residential premises and persons living with him;

from the date of issuance to the developer (the person providing the construction of an apartment building) of a permit to put the apartment building into operation - to the developer (the person ensuring the construction of an apartment building) in respect of the premises in the apartment building that were not transferred by him to other persons under the deed of transfer or other transfer document;

from the date of issuance to the developer (the person providing the construction of an apartment building) of a permit to put the apartment building into operation, but not earlier than the acceptance of the premises in this house according to the deed of transfer or other transfer document, - to the person who accepted from the developer (the person providing the construction of the apartment building ) the specified premises according to the transfer act or other transfer document;
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

b) the composition of the utility services provided to the consumer is determined depending on the degree of improvement of the apartment building or residential building;

c) the provision of utilities to the consumer is carried out around the clock (municipal services for heating - around the clock during the heating period), that is, uninterruptedly or with interruptions not exceeding the duration corresponding to the quality requirements for utilities given in Appendix No. 1;

d) the provision of public services is carried out in the volumes necessary for the consumer within the limits of the technical feasibility of in-house engineering systems, with the use of which the provision of public services is carried out;

e) the quality of the provided utility services complies with the requirements given in Appendix No. 1 to these Rules;

e) technical condition in-house engineering systems and in-house equipment complies with the established requirements and is ready for the provision of public services.

4. The consumer can be provided the following types utilities:

a) cold water supply, that is, the supply of cold drinking water supplied through centralized cold water supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, as well as in the cases established by these Rules, to premises that are part of the common property in an apartment building, and also to the standpipe in the case when an apartment building or a residential building (household) is not equipped with in-house engineering systems of cold water supply;
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

b) hot water supply, that is, the supply of hot water supplied through centralized hot water supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, as well as in cases established by these Rules, to premises, included in the common property in an apartment building. In the absence of centralized hot water supply, hot water supply to consumers in an apartment building is carried out by the contractor through the production and provision of public services for hot water supply using in-house engineering systems, including equipment that is part of the common property of the owners of premises in an apartment building (if such equipment is available);
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

c) water disposal, that is, the disposal of wastewater from a residential building (household), from residential and non-residential premises in an apartment building, as well as in cases established by these Rules, from premises that are part of the common property in an apartment building - through centralized networks water disposal and intra-house engineering systems;
(As amended by Decrees of the Government of the Russian Federation of April 16, 2013 N 344, of December 26, 2016 N 1498)

d) power supply, that is, the supply of electrical energy supplied through centralized power supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, as well as in cases established by these Rules, to premises included in composition of common property in an apartment building;
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

e) gas supply, that is, the supply of gas supplied through centralized gas supply networks and in-house engineering systems to a residential building (household), to residential and non-residential premises in an apartment building, to premises that are part of the common property in an apartment building, as well as the sale of household gas in cylinders;

f) heating, that is, the supply of thermal energy through centralized heat supply networks and in-house engineering heating systems that ensures the maintenance in a residential building, in residential and non-residential premises in an apartment building, in premises that are part of the common property in an apartment building, of the air temperature indicated in paragraph 15 of Appendix No. 1 to these Rules, as well as the sale of solid fuel in the presence of stove heating;

g) handling of solid municipal waste, that is, collection, transportation, neutralization, disposal of solid municipal waste generated in apartment buildings and residential buildings.
(clause "g" was introduced by Decree of the Government of the Russian Federation of February 27, 2017 N 232)

4(1). The provision of public services for the treatment of municipal solid waste is carried out in accordance with Section XV (1) of these Rules.
(clause 4(1) was introduced by Decree of the Government of the Russian Federation of February 27, 2017 N 232)

5. If thermal energy for the needs of space heating is supplied to in-house engineering systems through centralized networks of engineering and technical support, then the contractor begins and ends the heating period within the time limits established by the authorized body. The heating period must begin no later than and end no earlier than the day following the day of the end of the 5-day period, during which, respectively, the average daily outdoor temperature is below 8 degrees Celsius or the average daily outdoor temperature is above 8 degrees Celsius.
(as amended by Decree of the Government of the Russian Federation of December 25, 2015 N 1434)

If, in the absence of centralized heat supply, the production and provision by the contractor of the utility service for heating are carried out using equipment that is part of the common property of the owners of premises in an apartment building, then the conditions for determining the start and (or) end date of the heating period and (or) the start date and (or) ) the end of the heating period is established by the decision of the owners of premises in an apartment building or the owners of residential buildings. If such a decision is not made by the owners of the premises in an apartment building or the owners of residential buildings, the heating period begins and ends at the start and end dates of the heating period established by the authorized body when heat energy is supplied for the needs of space heating to in-house engineering systems through centralized networks of engineering and technical support.

6. The provision of public services to the consumer is carried out on the basis of reimbursable contract, containing provisions on the provision of public services, from among the contracts specified in paragraphs 9, 10, 11 and 12 of these Rules.

The supply of cold water, hot water, heat energy, electricity and gas to non-residential premises in an apartment building, as well as wastewater disposal are carried out on the basis of resource supply agreements concluded in writing directly with resource supplying organization.
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

The managing organization, homeowners association, housing cooperative, housing construction cooperative or other consumer cooperative provides resource supply organizations that supply utility resources to an apartment building with information about the owners of non-residential premises in an apartment building, and also sends notifications to owners of non-residential premises in an apartment building about the need conclusion of resource supply contracts directly with resource supplying organizations.
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

If the consumer in a non-residential premises does not have a written resource supply agreement providing for the supply of communal resources to a non-residential premises in an apartment building, concluded with a resource supplying organization, the amount of communal resources consumed in such non-residential premises is determined by the resource supplying organization by calculation methods provided for by the legislation of the Russian Federation on water supply and water disposal, electricity supply, heat supply, gas supply for cases of non-contractual consumption (unauthorized use).
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

The provisions of the third and fourth paragraphs of this paragraph do not apply to persons who are the owners of the areas allocated in an apartment building for parking spaces.
(the paragraph was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

7. An agreement containing provisions on the provision of public services, concluded by the consumer performing conclusive actions, is considered concluded on the terms provided for by these Rules.

An agreement containing provisions on the provision of public services in a residential building in an apartment building or a residential building (household), concluded in writing, must comply with the provisions of these Rules. In case of inconsistency of the specified agreement with the provisions of these Rules, the agreement is considered concluded on the terms provided for by these Rules.

The supply of cold water, hot water, electricity, heat and gas to non-residential premises in an apartment building, as well as wastewater disposal, is carried out on the basis of a resource supply agreement concluded in writing with a resource supply organization, which must comply with the provisions of the legislation of the Russian Federation on water supply, sewerage, power supply, heat supply, gas supply. The determination of the volume of heat energy consumed in non-residential premises and the method of payment by consumers for utility services for heating is carried out in accordance with these Rules. In case of inconsistency of the specified agreement with the provisions of the legislation of the Russian Federation on water supply, water disposal, electricity supply, heat supply, gas supply, the agreement is considered concluded on the terms provided for by the legislation of the Russian Federation on water supply, water disposal, electricity supply, heat supply, gas supply and these Rules.

The consumer in the residential premises cannot be denied the provision of public services if the consumer does not have a written contract containing provisions on the provision of public services.
(clause 7 as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

8. A person from among the persons specified in paragraphs 9 and 10 of these Rules may act as a utility service provider. At the same time, the period of time during which the specified person is obliged to provide utility services to consumers and has the right to require consumers to pay for the provided utility services shall be determined in accordance with paragraphs 14, 15, 16 and 17 of these Rules.

9. The conditions for the provision of utility services to owners and users of premises in an apartment building, depending on the chosen method of managing an apartment building, are determined by:

a) in an apartment building management agreement concluded by the owners of premises in an apartment building or by the management body of a homeowners' association, housing, housing construction or other specialized consumer cooperative(hereinafter referred to as a partnership or cooperative) with a management organization selected in accordance with the procedure established by the housing legislation of the Russian Federation to manage an apartment building.

At the same time, the managing organization is not entitled to refuse to include in the contract for the management of an apartment building concluded with it the conditions for the provision of public services of the type, the provision of which is possible taking into account the degree of improvement of the apartment building, and is also not entitled to refuse to provide such utilities;

b) in an agreement on the provision of public services concluded with a partnership or cooperative with owners of residential premises in an apartment building in which a partnership or cooperative is established.

At the same time, the partnership or cooperative does not have the right to refuse the owner of the premises in the apartment building, both being and not being its member, to conclude an agreement on the provision of public services of the type that is possible, taking into account the degree of improvement of the apartment building, and is also not entitled to refuse to provide such utilities;

c) in contracts for cold water supply, hot water supply, sanitation, electricity supply, gas supply (including the supply of household gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), concluded by the owners of residential premises in an apartment building with relevant resource provider.

10. The conditions for the provision of utility services to the owner and user of a residential building (household) at his choice are determined by:

a) in contracts for cold water supply, hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), concluded by the owner of a residential building (household) with the relevant resource supplying organization;

b) in an agreement on the provision of public services concluded by the owner of a residential building (household) with an organization (including non-profit association), which, on its own behalf and in the interests of the owner, concludes contracts for cold water supply, hot water supply, sanitation, electricity supply, gas supply (including the supply of household gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating) with relevant resource providers.

11. The conditions for the provision of utility services to the tenant, the borrower under the contract for the gratuitous use of the premises, the tenant of the residential premises are determined by:

a) in a lease agreement, including a social tenancy agreement, a specialized residential premises rental agreement, a privately owned residential premises rental agreement - for a tenant of a residential premises under such an agreement;

b) in an agreement for gratuitous use - for a borrower under such an agreement;

c) in a residential lease agreement or other agreement on the provision of residential premises for possession and (or) use, concluded by the owner of the residential premises with a legal entity that can use the residential premises only for the residence of citizens.

12. At the same time, the owner of the dwelling, acting as a landlord, lender or landlord of the dwelling, in order to ensure the provision to tenants, borrowers, tenants of utilities of the type, the provision of which is possible taking into account the degree of improvement of the dwelling, concludes with the contractor an agreement containing provisions on the provision utilities, from among the contracts specified in paragraphs 9 and 10 of these Rules.

13. The provision of public services is provided by the managing organization, partnership or cooperative or the organization specified in subparagraph "b" of paragraph 10 of these Rules, by concluding agreements with resource supplying organizations on the acquisition of communal resources in order to use such resources in the provision of communal services to consumers, including by using them in the production certain types utility services (heating, hot water supply) using equipment that is part of the common property of the owners of premises in an apartment building, and the proper execution of such contracts.

The terms of contracts for the purchase of utility resources for the purpose of using such resources to provide utility services to consumers are determined taking into account these Rules and other regulatory legal acts of the Russian Federation.

14. The managing organization, selected in accordance with the procedure established by the housing legislation of the Russian Federation for managing an apartment building, starts providing utility services to consumers in an apartment building from the date specified in the decision general meeting owners of premises in an apartment building on the choice managing organization, or from the date of conclusion of the contract for the management of an apartment building, including with a managing organization selected by the body local government based on the results of an open tender, but not earlier than the date of commencement of the supply of a communal resource under an agreement on the acquisition of a communal resource concluded by the managing organization with the resource supplying organization. The managing organization terminates the provision of communal services from the date of termination of the contract for managing an apartment building on the grounds established by the housing or civil legislation of the Russian Federation, or from the date of termination of the resource supply agreement regarding the acquisition of a communal resource for the purpose of providing public services concluded by the managing organization with a resource supplying organization.
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

15. A partnership or cooperative, if the owners of the premises in an apartment building choose the management of a partnership or a cooperative as a method of managing an apartment building, starts providing utility services to consumers in an apartment building from the date of its state registration, but not earlier than the date of commencement of the supply of a communal resource under an agreement on the acquisition of a communal resource concluded by a partnership or cooperative with a resource supplying organization. The partnership or cooperative terminates the provision of public services from the date of its liquidation or from the date specified in paragraph 14 of these Rules for the start of the provision of public services by the managing organization with which the management body of the partnership or cooperative has concluded an agreement on the management of an apartment building, or from the date of termination of the resource supply agreement in terms of acquisition a communal resource for the purpose of providing a communal service, concluded by a partnership or cooperative with a resource supplying organization.
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

16. The organization specified in subparagraph "b" of paragraph 10 of these Rules begins to provide utility services to consumers in a residential building (household) from the date of commencement of the provision of public services specified in the contract concluded with the owner of a residential building (household) in writing utilities. The organization specified in subparagraph "b" of paragraph 10 of these Rules shall terminate the provision of public services from the date of termination of the contract for the provision of public services on the grounds established by the housing or civil legislation of the Russian Federation.

17. A resource supply organization, for which, in accordance with the legislation of the Russian Federation on water supply, sewerage, electricity supply, heat supply, gas supply, the conclusion of an agreement with a consumer is mandatory, proceeds to provide a public service of the appropriate type:

a) owners and users of premises in an apartment building in which direct control is chosen as the method of management - from the date specified in the decision of the general meeting of owners of premises on the choice of such a method of control, until the date when the provision of public services by the managing organization or partnership or cooperative begins, specified in paragraph 14 or 15 of these Rules;

b) owners and users of premises in an apartment building in which a control method has not been selected or a control method has been selected, but the events specified in paragraphs 14 and 15 of these Rules have not occurred - from the date of the emergence of ownership of the premises, from the date of provision of residential premises housing cooperative, from the date of conclusion of the lease agreement, from the date of conclusion of the lease agreement, unless another period is established by the legislation of the Russian Federation on water supply, sanitation, electricity supply, heat supply, gas supply, or from the date of termination of the previously chosen method of managing an apartment building until the day the management organization begins to provide utility services or partnership or cooperative, specified in paragraph 14 or 15 of these Rules;

c) owners and users of residential buildings (households) - from the date of the first actual connection of a residential building (household) in the prescribed manner to a centralized engineering and technical support network directly or through engineering and technical support networks connecting several residential buildings (households) located on nearby land plots, unless another period is established by the legislation of the Russian Federation on water supply, sanitation, electricity supply, heat supply, gas supply, except for the period of time during which between the owner of a residential building (household) and the organization specified in subparagraph "b" of paragraph 10 of these of the Rules, an agreement on the provision of public services has been concluded and is being executed in writing and such an agreement has not been terminated;

d) owners and users of premises in an apartment building if there are agreements concluded with them, provided for by part 17 of article 12 of the Federal Law of June 29, 2015 N 176-FZ "On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" , - until one of the parties refuses to execute the contract;
(paragraph "d" was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

e) owners and users of premises in an apartment building - if such owners make a decision provided for by Part 18 of Article 12 of Federal Law No. 176-FZ of June 29, 2015 "On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" ;
(paragraph "e" was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

f) owners and users of premises in an apartment building in respect of which an agreement on the acquisition by a management organization, partnership or cooperative of a communal resource for the purpose of providing a communal service has been terminated - before the conclusion of a new agreement on the acquisition of a communal resource in relation to this apartment building.
(paragraph "e" was introduced by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

18. If, in accordance with these Rules, the contractor providing utility services to consumers in an apartment building in which the owner’s non-residential premises are located is not a resource supply organization, the owner of the non-residential premises in the apartment building is obliged within 5 days after the conclusion of resource supply contracts with resource supply organizations provide the contractor with copies of them, as well as in the manner and terms established by these Rules for the transfer by consumers of information about the readings of individual or common (apartment) meters - data on the volumes of communal resources consumed during the billing period under these contracts.
(clause 18 as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

III. Terms of the contract containing provisions on the provision of public services, and the procedure for its conclusion

19. An agreement containing provisions on the provision of public services must include:

a) the date and place of conclusion of the contract;

b) the name, address, details of the current account and other contact information performer;

c) the following information about the consumer:

for individual- last name, first name, patronymic, date of birth, details of an identity document, contact phone number;

for legal entity- name (company name) and place of state registration, contact phone number;

d) the address of the premises in an apartment building or residential building (home ownership), the owners or users of which are provided with utility services, indicating the total area of ​​the premises or residential building (household), the total area of ​​​​the premises that are part of the common property in the apartment building, the area of ​​​​residential and non-residential premises, the type of activity carried out in the non-residential premises, as well as the number of persons permanently residing in the residential premises, and other information necessary for calculating the payment for utilities in accordance with these Rules;
(paragraph "d" as amended by the Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

e) the name of the utility service (communal services) provided to the consumer;

f) requirements for the quality of the provided utility service (communal services);

g) the procedure for determining the volume (quantity) of the consumed communal resource based on the standards for the consumption of communal services, meter readings or in another way specified in these Rules;

h) information on the presence and type of installed individual, general (apartment), room metering devices, the date and place of their installation (putting into operation), the date of sealing the metering device by the manufacturer or the organization that carried out the last verification of the metering device, fixed time carrying out the next verification, as well as the procedure and conditions for receiving meter readings;
(as amended by Decree of the Government of the Russian Federation of 16.04.2013 N 344)

i) the frequency and procedure for the contractor to check the presence or absence of individual, common (apartment), room metering devices, distributors and their technical condition, the reliability of information provided by the consumer about the readings of such metering devices and distributors;

j) the procedure for determining the volume of utility services provided and the amount of payment for utility services, including the procedure for determining the volume of utility services provided for electricity supply and the amount of payment for the specified utility service using prices (tariffs) for electrical energy (capacity) established for the population and categories of consumers equated to it within and in excess of the social norm for the consumption of electrical energy (capacity), if a decision has been made in a constituent entity of the Russian Federation to establish such a social norm, as well as the procedure, term and form for paying utility bills;
(clause "k" as amended by the Decree of the Government of the Russian Federation of July 22, 2013 N 614)

k) measures social support for payment of utility services provided to the consumer of utility services in accordance with the legislation of the Russian Federation (if such measures are provided);

l) the address and method of delivery to the consumer of the payment document for payment of utility services;
(as amended by Decree of the Government of the Russian Federation of December 26, 2016 N 1498)

m) the procedure for establishing the fact of non-provision of public services or the provision of public services of inadequate quality, the procedure for changing the amount of payment for public services when providing public services of inadequate quality and (or) with interruptions exceeding the established duration;

o) the rights, duties and responsibilities of the contractor and the consumer;

o) the grounds and procedure for suspension and restriction of the provision of public services;

p) the grounds and procedure for changing and terminating the contract;

c) the duration of the contract.

20. In an agreement containing provisions on the provision of utility services, concluded with the owner or user of a residential building (household), the details of the act on determining the boundary of the division of intra-house engineering systems and centralized networks of engineering and technical support (if any), as well as in the case the absence of an individual metering device are indicated:

a) information on the directions of consumption of public services when using the land plot and outbuildings located on it (lighting, cooking for people, preparing feed for livestock, heating, heating water, watering, etc.);

b) species and number of farm animals and birds (if any);

c) the area of ​​the land plot not occupied by a residential building and outbuildings;

d) regime of water consumption for irrigation of the land plot;

e) the power of the devices used, with the help of which the consumption of communal resources is carried out.

21. Contracts for cold water supply, hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating), concluded with resource supply organizations, must contain provisions on determining the boundaries of responsibility for the mode and quality of the provision of public services of the corresponding type. Unless otherwise specified in an agreement concluded with a resource supplying organization, such a resource supplying organization is responsible for the quality of the provision of a utility service of the appropriate type at the interface between in-house engineering systems and centralized utility networks. At the same time, maintenance of in-house engineering systems is carried out by persons involved by the owners of premises in an apartment building or owners of residential buildings under contracts for the provision of services for the maintenance and (or) performance of work on the repair of in-house engineering systems in such a house, or by such owners independently, if the legislation of the Russian Federation they are not allowed to do so.

22. In order to conclude in writing an agreement containing provisions on the provision of public services, from among the agreements specified in subparagraphs "a" and "b" of paragraph 9 of these Rules, the contractor in the person of the managing organization, partnership or cooperative is obliged no later than 20 working days from the day specified in paragraph 14 or 15 of these Rules, respectively, transfer the draft agreement signed by him in 2 copies to the owner of the premises in the apartment building at the location of the contractor, by mail or in another way agreed with the owner. The owner of the premises in an apartment building who has received a draft agreement containing provisions on the provision of public services, if he has no disagreements on such a project, is obliged, within 30 days from the date of its receipt, to transfer to the contractor at the location of the contractor, by mail or in another way agreed with the contractor signed for its part, 1 copy of the agreement indicating in it the information specified in subparagraphs "c", "d", "e", "h", "l" and "c" of paragraph 19 and paragraph 20 of these Rules, with an annex to it copies of the following documents:

a) a document confirming the right of ownership (use) of the premises in an apartment building (residential building);

b) an identity document of an individual - the owner of the premises, or a certificate of state registration of a legal entity - the owner of the premises;

c) documents confirming the information specified in subparagraph "h" of paragraph 19 and paragraph 20 of these Rules (if the applicant has them).

23. The owner of premises in an apartment building and the owner of a residential building (home ownership) have the right to initiate the conclusion in writing of an agreement containing provisions on the provision of public services from among the agreements specified in subparagraphs "a" and "b" of paragraph 9 and subparagraph "b" of paragraph 10 of these Rules, in writing by submitting to the contractor at his location, by mail or in another way agreed with the contractor, an application signed by the owner (one of the co-owners) to conclude an agreement in 2 copies, containing the information specified in subparagraphs "c", " d", "e", "h", "l" and "c" of paragraph 19 and paragraph 20 of these Rules, and copies of the documents specified in paragraph 22 of these Rules.

Submission of documents at the location of the contractor can be carried out by one of the co-owners upon presentation of an identity document, or an authorized representative of any of the co-owners upon presentation of a duly executed power of attorney.

The contractor who has received the application and the documents attached to it is obliged to register them on the day of receipt, make a note on the second copy of the application about the date of acceptance of the application and the documents attached to it and transfer them to the applicant.

The contractor, no later than 10 working days from the date of acceptance of the application and the documents attached to it, is obliged to issue to the applicant at the location of the contractor, by mail or in another way agreed with the applicant, a draft agreement signed by the contractor containing provisions on the provision of public services, in 2 copies.

24. If there are disagreements on the draft agreement received from the contractor, containing provisions on the provision of public services, the owner of the premises in the apartment building and the owner of the residential building (household) are obliged to transfer to the contractor within 30 days at its location, by mail or otherwise agreed with the contractor way protocol of disagreements to the draft agreement containing provisions on the provision of public services.

The contractor who has received the protocol of disagreements to the draft agreement containing provisions on the provision of public services is obliged, within 30 days from the date of its receipt, to notify the owner of the acceptance of the agreement in its version or of the rejection of the protocol of disagreements, indicating the reasons for the rejection.

If the executor rejects the protocol of disagreements or the applicant does not receive a notice of the results of its consideration within the specified period, the owner has the right to transfer the disagreements that arose during the conclusion of the contract containing provisions on the provision of public services to the court.

If the contractor evades the conclusion of an agreement containing provisions on the provision of public services, the owner has the right to apply to the court with a demand to compel the conclusion of the agreement and compensation for the losses caused by this to the applicant.

25. To conclude a written contract for cold water supply, hot water supply, sanitation, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating) with a resource supply organization, the owner of a residential premises in an apartment building or the owner of a residential building (home ownership) submits to the resource supplying organization that sells the corresponding type (s) of communal resources, at its location, by mail or in another way agreed with the resource supplying organization, a statement signed by the owner (one of the co-owners) on the conclusion of the agreement in 2 copies, containing the information specified in subparagraphs "c", "d", "e", "h", "l" and "c" of paragraph 19 and paragraph 20 of these Rules, and copies of the documents specified in paragraph 22 of these Rules.

26. If the owners of premises in an apartment building, directly managing such a house, have decided at a general meeting to issue one of the owners or another person with the authority to act in relations with third parties on behalf of the owners in such a house, then in this case the authorized person has the right to apply to a resource supplying organization to conclude a written agreement with respect to all owners with the following documents:

a) an application for the conclusion of an agreement containing provisions for the provision of public services, signed by such a person;

b) a copy of the decision of the general meeting on the transfer to an authorized person of authority to conclude an agreement with a resource supplying organization containing provisions on the provision of public services on behalf of the owners;

c) a copy of the power of attorney issued to the authorized person in writing by all or the majority of the owners;

d) information and documents specified in subparagraphs "c", "d", "e", "h", "l" and "c" of paragraph 19 and paragraph 20 of these Rules (if any).

27. The conclusion of an agreement containing provisions on the provision of public services with a resource supplying organization is carried out in the manner specified in paragraphs 23 and 24 of these Rules.

28. The grounds for refusing to conclude an agreement containing provisions on the provision of all, some or one utility service may be only that the degree of improvement of an apartment building or residential building does not allow providing the consumer, respectively, with one, several or all of the utility services, the provision of which the applicant indicated in the application for the conclusion of an agreement containing provisions on the provision of public services, or that the organization contacted by the consumer to conclude this agreement is unable to provide public services to the consumer due to the non-occurrence of the events specified in paragraphs 14, 15, 16 and 17 of these Rules. In case of refusal to conclude an agreement containing provisions on the provision of public services, on the grounds provided for in this paragraph, the performer is obliged, within 5 days from the date of the applicant's request for the conclusion of the agreement, to notify him in writing of the refusal to conclude the agreement, indicating the reasons for such refusal. .

29. The submission by the applicant of an incomplete package of documents or their incorrect execution is not a basis for refusing to conclude an agreement containing provisions on the provision of public services. In this case, the contractor, within a period not exceeding 5 working days from the date of receipt of the documents, is obliged to inform the applicant in writing about the inconsistencies and the procedure for their elimination, and in case of submission of not all documents from among the mandatory, the contractor is obliged to inform the applicant of the name of organizations (institutions) and their addresses where the applicant can obtain the missing documents. After that, the contractor suspends consideration of the applicant's documents without returning them to the applicant until the missing documents are received from the applicant. If the missing documents are not submitted by the applicant to the executor within 6 months from the date of suspension of their consideration, the executor has the right to stop consideration of the application and return the submitted documents to the applicant. In this case, in order to conclude an agreement containing provisions on the provision of public services, the applicant submits an application again.

30. An agreement containing provisions on the provision of public services, concluded in writing, enters into force and is binding on the parties from the date of its signing by both parties. The terms of such an agreement may provide that the rights and obligations of the parties arise from a later date after the date of entry into force of this agreement.

All conscious citizens are interested in the current rules for determining the amount of payments for utilities, established at the moment.

Therefore, in accordance with the provisions of Decree 354, important significant nuances can be determined and certain answers can be given regarding the legality of certain actions.

Every citizen of the Russian Federation is considered a consumer of real state resources. The basis for the provision of such resources is an agreement concluded with public utilities.

In accordance with the Law under consideration, all citizens of the Russian Federation have the opportunity to exercise recalculation of payments for the provision of public services. The updated version and the additions developed to it provide comprehensive information for owners and ordinary users of residential premises regarding possible situations that arise. In legal relations, the state itself acts as a guarantor.

What is covered in this law

The signing of the Decree was carried out in June 2011. Similar to other current legislative acts this Decree does require the definition of several very significant amendments, which are formulated on permanent basis without specific reference to any period.

In accordance with the latest changes introduced, the general house needs of citizens for the supply of electricity are also considered in this regulatory act.

We suggest paying attention to changes relevant today:

In the decision in question clearly regulated approved norms of consumption and further payment for various resources by owners or ordinary users of residential premises. The updated version will provide clarifications in a certain period, more specifically, when charging for a full package of services is carried out.

Decree No. 354 explains in detail not only rules of work and the procedure for depositing cash funds as payment for the services of territorial communal organizations and housing and communal services, but is also considered a specially developed project, the current provisions of which must be complied with. The procedure for fulfilling the conditions and additional documentation must be given in the annex to the resolution.

From September of the following year, planned distribution for a specific performer. Starting from 2016, citizens are exempted from the obligation to regularly provide readings of measuring instruments that record the consumption of a communal apartment. After making certain adjustments to the resolution under consideration, a simplified payment scheme for heat begins to operate.

If we consider question of community needs, then the current resolution indicates a scheme for revising the coefficients of the current rules for water disposal. It also provides for a procedure for equipping systems that ensure the satisfaction of general house needs with measuring instruments. The President of the Russian Federation signed a decree, according to which the established tariffication should be reduced by about 10-15%, taking into account the specific region of residence.

AT heating billing issues residential premises this year, the established tariffs were adjusted. In this situation, citizens can count on a reduction in the cost of certain services by approximately 15%. On the provision of utilities, a new section has been added that describes the rules for supplying heat to apartment buildings. Starting from this year, the corresponding decision of the Government came into effect.

If general house needs are taken into account, then payment must be made in accordance with the current tariff plans. All comprehensive information on this issue can be obtained from the housing and communal services. If the electricity supply is interrupted for some time, a mandatory recalculation will be carried out in accordance with the established tariffs.

Responsibility of the parties

On the performer Responsibility is assigned to domestic law in such situations:

If the contractor has violated the rules for providing sufficient quality services, the consumer can count on exemption from the need to pay for them. Also, the consumer in such a situation can claim a penalty to the extent stipulated legislative framework RF.

The performer may expect exemption from liability for the provided low-quality utilities in a situation where the deterioration occurred due to insurmountable circumstances or as a result of the actions of the consumer himself. The insurmountable obstacles are not related to the committed violations of obligations by the contractors of the approved contractor, the lack of the necessary funds to ensure the quality of the services provided.

Regardless of whether any contract was concluded between the performer and the consumer, compensation for damage as a result of the provision of insufficiently high-quality public services, it is still provided for by law. If a certain damage has been caused to the life or health of the consumer, compensation is provided for within the next 10 years from the date of provision of insufficiently high-quality service. The maximum term for filing a lawsuit for the possibility of considering the fact of damage caused to the consumer is 3 years.

If the service provider causes damage to the health or property of the consumer for certain reasons, the latter must draw up an appropriate act in several copies (one for each party to the agreement, if one was signed). If the consumer, in order to restore the violated right through the fault of public utilities, has incurred certain expenses, he can count on their subsequent reimbursement.

Recalculation procedure

The recalculation of payments for certain utility services rendered during the period when the consumer was temporarily absent from the residential premises is carried out in the manner determined by the norms of domestic legislation.

For such services not applicable space heating.

Recalculation available in a situation where there are no metering devices in the living room, the installation of which is impossible for technical reasons. If it is not possible to confirm the lack of real technical feasibility of installing meters, or in a situation where faulty meters are not repaired in accordance with the prescribed instructions, the recalculation procedure will not be carried out. Utilities provided for general house needs are not subject to any recalculation in the absence of the consumer in the dwelling.

Recalculation of payments for the provided utilities is performed taking into account the number calendar days falling on the absence of a consumer in a residential area. The date of departure and arrival is not included in the total number of days of absence. The recalculation is traditionally performed by the contractor within the next 5 business days from the date of receipt of the notification from the consumer in the form of a signed application.

The quality of services provided by contractors must necessarily comply with the standards established by domestic legislation. If the consumer does not receive what he pays for, he has the right to demand compensation.

Recent Key Changes

Decree No. 354 regulates certain requirements for payment documentation, for example, invoices, receipts for paying rent.

The main change is the need strict indication of the size of ODN(general house needs) in certain places of the issued payment document.

The new rules also indicate the need for prior adoption of appropriate measures by the owner, who has a non-working measuring device. An act indicating that the meters are not functioning properly is drawn up in advance. The organization involved in the installation or repair of measuring devices can be chosen arbitrarily by the consumer of utilities. In the first days of each month, accruals are made in accordance with the indicators of the counters.

Here are the latest changes, introduced by the Government of the Russian Federation in Decree No. 354, which you should pay attention to:

1. All accruals for general house needs (water disposal, heating, electricity, cold and hot water) are now classified as housing and are included in the expense item for residential premises.
2. When calculating common house costs, a formula is now used that determines the balance between the readings of accounting common house and apartment devices. In the absence of meters installed on the house, the amount of general house deductions is determined based on the area of ​​\u200b\u200bthe apartment and total amount areas of common property (calculated proportionally).
3. Standards have been introduced that should be applied when calculating general house expenses. After the start of their application, all excesses will be paid at the expense of the HOA or management companies.
4. If the owner of the apartment was temporarily absent, then the recalculation of energy costs will be carried out only if there are meters for gas and water in the room. Otherwise, the owner will need to document the fact of his absence, after which he will be recalculated.
5. If no one is registered in the apartment, then deductions for housing and communal services are calculated depending on the number of owners.

About this legislative act explained in the following video:

57. The applicant has the right to change or withdraw the application for participation in the competition at any time immediately before the start of the procedure for opening envelopes with applications for participation in the competition. The organizer of the competition shall return the funds deposited as security for the application for participation in the competition to the applicant who has withdrawn the application for participation in the competition within 5 working days from the date of receipt by the organizer of the competition of the notice of withdrawal of the application.

59. In the event that before the start of the procedure for opening envelopes with applications for participation in the competition, no application for participation in the competition has been submitted, the organizer of the competition, within 3 months from the date of the deadline for submitting applications, conducts new competition in accordance with these Rules. At the same time, the organizer of the tender has the right to change the conditions for holding the tender and is obliged to increase the estimated amount of the fee for the maintenance and repair of the residential premises by at least 10 percent, in this case the amount of the fee for the maintenance and repair of the residential premises cannot exceed the amount of the fee for the maintenance and repair of the residential premises , which is established by the local government (in the constituent entities of the Russian Federation - the cities of federal significance Moscow, St. municipalities) in accordance with Part 3 of Article 156 of the Housing Code of the Russian Federation, more than 1.5 times.

VII. The procedure for considering applications for participation in the competition

60. Applicants or their representatives have the right to be present at the opening of envelopes with applications for participation in the competition. Immediately before opening the envelopes with applications for participation in the competition, but not earlier than the time specified in the notice of the competition and in the competition documentation, the competition commission is obliged to announce to the persons present at the opening of such envelopes about the possibility of changing or withdrawing the submitted applications, as well as submit an application for participation in the tender to replace the withdrawn one before the start of the envelope opening procedure.

63. Name (for a legal entity), last name, first name, patronymic (if any) (for individual entrepreneur) of each applicant, the envelope with the application for participation in the competition of which is opened, information and information on the availability of documents provided for by the competition documentation, are announced at the opening of the envelopes and recorded in the protocol for opening the envelopes with applications for participation in the competition.

64. When opening envelopes with applications for participation in the competition, the competition commission has the right to demand from the applicant present at its meeting clarifications of the information contained in the documents submitted by him and in the application for participation in the competition. In this case, it is not allowed to change the application for participation in the competition. The competition commission is not entitled to make additional requirements for applicants. It is not allowed to change the requirements for applicants provided for by the tender documentation. These clarifications are entered into the protocol for opening envelopes with bids for participation in the tender, drawn up in the form in accordance with Appendix No. 6 (hereinafter referred to as the protocol for opening envelopes).

65. The protocol of opening the envelopes is kept by the tender committee and signed by all members of the tender committee present immediately after opening all the envelopes. The protocol is posted on the official website by the organizer of the competition or on his behalf by a specialized organization on the day of its signing.

66. The organizer of the competition is obliged to make an audio recording of the procedure for opening envelopes with applications for participation in the competition. Any person present at the opening of envelopes with applications for participation in the competition has the right to make an audio and video recording of the opening procedure.

67. Envelopes with applications for participation in the competition, received after the beginning of the procedure for opening envelopes, are returned by the organizer of the competition to applicants on the day they are received. The organizer of the competition returns the funds deposited as security for the application for participation in the competition to the specified persons within 5 working days from the date of signing the protocol of opening the envelopes.

70. Based on the results of consideration of applications for participation in the competition, the competition commission decides to recognize the applicant as a participant in the competition or to refuse admission of the applicant to participate in the competition on the grounds provided for in paragraph 18 of these Rules. The tender commission draws up a protocol of consideration of applications for participation in the competition in the form in accordance with Appendix No. 7, which is signed by the members of the competition commission present at the meeting on the day the consideration of applications for participation in the competition ends.

The text of the specified protocol on the day of the end of consideration of applications for participation in the competition is posted on the official website by the organizer of the competition or, on his behalf, by a specialized organization.

Applicants not admitted to participate in the tender are notified of the decisions made by the tender commission no later than 1 business day following the day of signing the protocol for considering applications for participation in the tender.

71. If only one applicant is recognized as a participant in the competition, the organizer of the competition, within 3 working days from the date of signing the protocol for considering applications for participation in the competition, transfers to this applicant a draft apartment building management agreement, which is part of the competition documentation. At the same time, the contract for the management of an apartment building is concluded on the terms of the performance of works and services specified in the notice of the tender and tender documentation, for a fee for the maintenance and repair of the residential premises, the amount of which is indicated in the notice of the tender. Such a bidder is not entitled to refuse to conclude an agreement on the management of an apartment building.

72. Funds deposited as security for an application for participation in the competition are returned sole participant competition within 5 working days from the date of submission to the organizer of the competition of the draft agreement signed by him for managing an apartment building and ensuring the fulfillment of obligations. If the tender organizer fails to submit to the tender organizer, within the period stipulated by the tender documentation, the draft contract for managing an apartment building signed by the tender participant, as well as ensuring the fulfillment of obligations, such a tender participant is recognized as evading the conclusion of the contract for managing an apartment building and the funds contributed by him as security for the application for participation in the tender, are not returned.

73. If, based on the results of consideration of applications for participation in the competition, a decision is made to refuse admission to participation in the competition of all applicants, the organizer of the competition shall conduct a new competition within 3 months in accordance with these Rules. In this case, the organizer of the competition has the right to change the conditions of the competition.

The organizer of the competition returns the funds deposited as security for the application for participation in the competition to applicants who are not admitted to participate in the competition within 5 working days from the date of signing the protocol for considering applications for participation in the competition.

VIII. Competition procedure

74. Only persons recognized as participants in the competition in accordance with the protocol for considering applications for participation in the competition can participate in the competition. The organizer of the competition is obliged to provide the participants of the competition with the opportunity to take part in the competition directly or through representatives. The organizer of the competition is obliged to make an audio recording of the competition. Any person present during the competition has the right to make audio and video recording of the competition.

76. The participants of the tender propose to establish the amount of the fee for the maintenance and repair of the residential premises for the implementation of the list of works and services provided for in subparagraph 4 of paragraph 41 of these Rules, which is less than the amount of the fee for the maintenance and repair of the residential premises specified in the notice of the tender, with a step-by-step reduction in the amount of payment for the maintenance and repair of residential premises by 0.1 percent (hereinafter referred to as the proposal).

In the event that after three times the announcement of the offer, which is the smallest in terms of the amount of the payment for the maintenance and repair of the residential premises (relative to that specified in the notice of the tender), none of the participants in the tender makes another proposal to reduce the amount of the payment for the maintenance and repair of the residential premises, the tender the Commission announces that the tender participant who made the last offer is declared the winner of the tender.

77. During the competition, it is allowed to reduce the amount of the fee for the maintenance and repair of residential premises by no more than 10 percent of the amount of the fee for the maintenance and repair of the residential premises specified in the notice of the tender. In the event of a decrease in the specified amount of payment for the maintenance and repair of residential premises by more than 10 percent, the tender is declared invalid, which entails the obligation of the tender organizer to hold a new tender in accordance with these Rules. At the same time, the organizer of the competition has the right to change the conditions for holding the competition and is obliged to reduce the estimated amount of the payment for the maintenance and repair of the dwelling by at least 10 percent.

83. The organizer of the competition, within 3 working days from the date of approval of the protocol of the competition, transfers to the winner of the competition one copy of the protocol and a draft contract for the management of an apartment building.

At the same time, the cost of each work and service included in the list of works and services provided for in subparagraph 4 of paragraph 41 of these Rules, indicated in the contract for managing an apartment building, is subject to recalculation based on the fact that the total cost of work and services should be equal to the payment for the maintenance and repair of residential premises, the size of which is determined by the results of the tender, in cases where the tender participant is recognized as the winner in accordance with clauses 76 and these Rules.

85. The organizer of the competition is obliged to return, within 5 working days from the date of approval of the protocol of the competition, the funds contributed as security for the application for participation in the competition to the participants in the competition who did not become winners of the competition, with the exception of the participant in the competition who made the penultimate offer for the lowest amount of payment for maintenance and repair of residential premises, to which the funds are returned in the manner prescribed by paragraph 95 of these Rules.

86. After posting the competition protocol on the official website, the participant of the competition has the right to send a written request to the organizer of the competition to clarify the results of the competition. The organizer of the competition within 2 working days from the date of receipt of the request is obliged to provide such a participant in the competition with the relevant explanations in writing.

88. Minutes drawn up during the competition, applications for participation in the competition, competition documentation, changes made to the competition documentation and explanations of the competition documentation, as well as audio recordings of the procedure for opening envelopes with applications for participation in the competition and holding the competition are stored by the organizer of the competition in for 3 years.

89. The organizer of the competition, within 10 working days from the date of approval of the protocol of the competition, notifies all owners of premises in an apartment building and persons who have accepted the premises of the results of an open competition and the terms of the contract for managing this house by posting a draft contract in the manner prescribed by paragraph 40 of these Rules .

IX. Conclusion of a management agreement for an apartment building based on the results of a tender

90. The winner of the tender, the participant of the tender in the cases provided for in paragraphs 71 and these Rules, within 10 working days from the date of approval of the protocol of the tender, submits to the organizer of the tender a draft agreement for the management of an apartment building signed by him, as well as a security for the fulfillment of obligations.

91. The winner of the tender, the participant of the tender in the cases provided for in clauses 71 and these Rules, within 20 days from the date of approval of the tender protocol, but not earlier than 10 days from the date of posting the tender protocol on the official website, sends the draft contracts for the management of the multi-apartment home to owners of premises in an apartment building and persons who have accepted premises, for signing these contracts in the manner prescribed by Article 445 Civil Code Russian Federation.

92. In the event that the winner of the tender, within the period provided for in paragraph 90 of these Rules, did not submit to the organizer of the tender a draft agreement for the management of an apartment building signed by him, as well as security for the fulfillment of obligations (a notarized copy of the liability insurance agreement or the deposit pledge agreement or an irrevocable bank guarantee ), he is recognized as having evaded the conclusion of an agreement on the management of an apartment building.

93. If the winner of the competition, recognized as the winner in accordance with paragraph 76 of these Rules, is recognized as having evaded concluding an agreement on the management of an apartment building, the organizer of the competition proposes to conclude an agreement on the management of an apartment building to the participant in the competition who made the previous offer for the smallest amount of payment for the maintenance and repair of residential premises .

If the winner of the competition, recognized as the winner in accordance with clause 78 of these Rules, is recognized as having evaded concluding an agreement on the management of an apartment building, the organizer of the competition proposes to conclude an agreement on the management of an apartment building to the participant in the competition who proposed the same amount of payment for the maintenance and repair of the residential premises as the winner of the competition and submitted application for participation in the competition next after the winner of the competition.

95. The funds contributed as security for the application for participation in the competition are returned to the winner of the competition and the participant in the competition who made the previous offer for the smallest amount of payment for the maintenance and repair of the residential premises, within 5 working days from the date of submission to the organizer of the competition of the project signed by the winner of the competition contracts for managing an apartment building and ensuring the fulfillment of obligations.

96. The winner of the tender in the cases provided for in paragraphs 76 and these Rules (the participant in the tender in the cases provided for in paragraphs 71 and these Rules) undertakes to perform works and services included in the list of works and services provided for in subparagraph 4 of paragraph 41 of these Rules , for a fee for the maintenance and repair of residential premises in the amount proposed by such a winner (such a participant) of the competition.

Appendix No. 1
to the Rules for conducting local

I approve ____________________________________________________________ (position, full name of the head of the body ____________________________________________________________ of local self-government, which is the organizer of the competition, ____________________________________________________________ postal code and address, telephone, ____________________________________________________________ fax, address Email) "____" _________________ 200___ (approval date) on the state of the common property of the owners of premises in apartment building that is the object of the competition I. General information about the apartment building 1. Address of the apartment building _____________________________________ 2. Cadastral number of the apartment building (if any) _______ 3. Series, type of construction ____________________________________________ 4. Year of construction ___________________________________________________ 5. Degree of wear according to state technical accounting ____ ____________________________________________________________________________ 6. Degree of actual wear _____________________________________ 7. Year of the last major overhaul _____________________________ 8. Details of the legal act on recognizing an apartment building as emergency and subject to demolition ____________________________________________ 9. Number of floors _______________________________________________ 10. Basement _______________________________________________ 11. Basement _______________________________________________ 12. Attic _______________________________________________ 13. Mezzanine on _______________________________________________ 14. Number of apartments _______________________________________________ 15. Number of non-residential premises that are not part of the common property _______________________________________________________________ 16. Details of the legal act on the recognition of all residential premises in an apartment building as unfit for habitation specifying the details of legal acts on the recognition of residential premises unsuitable for habitation) ____________________________________________ 18. Construction volume ______________________________ cubic meters 19. Area: a) an apartment building with loggias, balconies, wardrobes, corridors and stairwells ____________________________________________ sq. m b) residential premises (total area of ​​apartments) ____________________ sq. m c) non-residential premises (total area of ​​non-residential premises that are not part of the common property in an apartment building) ___________________ sq. m premises that are part of the common property in an apartment building) ___________________ sq.m 20. Number of stairs _________________________________________ pcs. 21. Cleaning area of ​​stairs (including inter-apartment landings) _________________________________ sq.m 22. Cleaning area of ​​common corridors _________________________ sq.m 23. Cleaning area of ​​other common areas (including technical floors, attics, technical basements) ___________ sq.m 24. Area of a land plot that is part of the common property of an apartment building __________________________________________________ 25. Cadastral number of the land plot (if any)

II. Technical condition of an apartment building, including extensions

Appendix No. 2
to the Rules for conducting local
self-government open tender for
selection of the managing organization for
apartment building management
(as amended April 3, 2013, December 14, 2018)

Scroll
works and services for the maintenance and repair of the common property of the owners of premises in an apartment building, which is the object of the competition

8. The amount of payment for the maintenance and repair of residential premises in an apartment building: _______________________________ rubles per sq. meter. (in numbers and words)

10. The participant of the competition who made the previous proposal on the amount of payment for the maintenance and repair of the living quarters: __________________________ ____________________________________________________________________________. (name of organization or full name of individual entrepreneur)

11. The participant of the competition who offered the same amount of payment for the maintenance and repair of the living quarters as the winner of the competition and who submitted an application for participation in the competition next after the winner of the competition: _______________________________________________________________________________ ______________________________________________________________________________. (name of the organization or full name of the individual entrepreneur) This protocol is drawn up in 3 copies on ______ sheets.

Chairman of the commission: ____________________________ ____________________________ (signature) (full name) Members of the commission: ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ (signature) (full name) "___" _____________ 20___ M.P. The winner of the competition: _______________________________________________________________________________ (position, full name of the head of the organization or full name of an individual entrepreneur) ____________________________ ____________________________ (signature) (full name) "___" ____________ 20___ M.P.

Decree of the Government of the Russian Federation 354 of 05/06/2011 is the rules for the provision of public services to the population. It determines the procedure for concluding agreements with the RSO and the Criminal Code, the size of the standards for personal and common house use. But most importantly, the resolution prescribes in detail how each utility service should be provided.

The resolution is quite voluminous and a thoughtful acquaintance with it will take a lot of time. Despite this, it makes sense to get acquainted with it. In fact, this document will answer any question about utility services and the procedure for obtaining them.

If the owners of your house decide to follow the latest communal trends and switch to direct contracts with a resource supply company, then you will need to know how to conclude this contract correctly, what kind of model it should be and, of course, the obligations of the parties. If earlier, on your behalf, the Criminal Code dealt with the consideration of all conditions, now it will be your job. Or the lawyer you hired.

Naturally, the RSO agreement will provide a model and worked out over the years, but you need to check. So, in the decision you can find out:

• what contracts need to be concluded for heat supply, water supply (hot and cold), sanitation;
• where to find out about the terms of the previous contract with these organizations;
• what participation in the contract with the RSO is taken by the tenants of the premises;
• what kind specifications must be performed at home.

There is also a separate clause on contracts for gas supply, heating and water supply for owners of private households.

Another important point- this is the procedure for providing housing and communal services for apartment buildings under the management of HOAs or housing cooperatives. Here, too, there are a number of nuances that must be in the contract. The terms in which the service must be provided to residents are indicated.

And latest amendments The ordinance relates to the removal and disposal of waste. Again, what, when and to what extent will the owners receive from the regional operator.

With full version document, as well as amendments to it, can be found

Decree of May 6, 2011 No. 354 On the provision of public services to owners and users of premises in apartment buildings and residential buildings

In accordance with Article 157 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached:

Rules for the provision of utility services to owners
and users of premises in apartment buildings and residential buildings;

changes that are made to the resolutions of the Government of the Russian Federation on the provision of public services.

2. Establish that the Rules approved by this resolution:

a) apply to relations arising from previously concluded agreements containing the conditions for the provision of public services, in terms of the rights and obligations that arise after the entry into force of these Rules;

b) do not apply to relations that arise during the supply of gas to meet the domestic needs of citizens and the regulation of which is carried out in accordance with the Rules for the supply of gas to meet the domestic needs of citizens, approved by Decree of the Government of the Russian Federation dated July 21, 2008 No. 549 ;

c) come into force after 2 months from the date of entry into force of the changes that are made to the Rules for establishing and determining the standards for the consumption of utility services specified in paragraph four of subparagraph "b" of paragraph 4 of this resolution.

3. Establish that the Ministry of Regional Development of the Russian Federation gives clarifications on the application of the Rules approved by this resolution.

4. To the Ministry of Regional Development of the Russian Federation:

a) within 2 months, submit, in agreement with the Ministry of Energy of the Russian Federation and with the participation of interested federal bodies executive power proposals to the Government of the Russian Federation on improving the Rules for the supply of gas to meet domestic needs of citizens, approved by Decree of the Government of the Russian Federation of July 21, 2008 No. 549, and the main provisions for the functioning of retail electricity markets, approved by Decree of the Government of the Russian Federation of August 31, 2006 city ​​No. 530;

b) within 3 months:

approved in agreement with Federal Service according to tariffs, an approximate form of a payment document for making a payment
for the maintenance and repair of residential premises and the provision of public services, as well as methodological recommendations for filling it out;

approve, in agreement with the Federal Antimonopoly Service, the exemplary terms of an apartment building management agreement;

submit in agreement with the Ministry economic development of the Russian Federation and the Federal Tariff Service in accordance with the established procedure to the Government of the Russian Federation a draft act on amendments to the Rules for establishing and determining standards for the consumption of utilities, approved by Decree of the Government of the Russian Federation dated May 23, 2006 No. 306, providing, among other things:

exclusion from the volumes of communal resources taken into account when determining the standards for the consumption of communal services in a residential building, the volumes of communal resources provided for the maintenance of the common property of an apartment building, and regulatory technological losses of communal resources;

the procedure for establishing standards for the consumption of utilities for general house needs;

the procedure for establishing standards for the consumption of communal services, with the exception of gas supply, when using a land plot and outbuildings;

c) within 5 months, approve, in agreement with the Ministry of Economic Development of the Russian Federation, the approximate terms of an energy service agreement aimed at saving and (or) increasing the efficiency of utility consumption when using common property in an apartment building;

d) within a 6-month period, approve the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of the inspection report to establish the presence (absence) of the technical feasibility of installing such metering devices and the procedure filling it out.

5. To recommend that the state authorities of the constituent entities of the Russian Federation approve the standards for the consumption of utilities in residential premises, the standards for the consumption of utilities for general house needs, the standards for the consumption of utilities when using a land plot and outbuildings no later than 2 months from the date of entry into force of the changes that are made to the Rules for establishing and determining the standards for the consumption of utilities specified in paragraph four of subparagraph "b" of paragraph 4 of this resolution.

6. Recognize as invalid from the date of entry into force of the Rules approved by this resolution:

Decree of the Government of the Russian Federation of May 23, 2006 No. 307 “On the Procedure for Providing Public Services to Citizens” (Collected Legislation of the Russian Federation, 2006, No. 23, Art. 2501);

paragraph 3 of the Decree of the Government of the Russian Federation
dated July 21, 2008 No. 549 “On the procedure for supplying gas to meet the domestic needs of citizens” (Collected Legislation of the Russian Federation, 2008, No. 30, art. 3635);

paragraph 5 of the amendments that are made to the acts of the Government of the Russian Federation approved by Decree of the Government of the Russian Federation of July 29, 2010 No. 580 "On the amendment and invalidation of certain acts of the Government of the Russian Federation" (Collected Legislation of the Russian Federation, 2010, No. 31, art. 4273).

Prime Minister

Russian Federation V.Putin