New utility bills. New federal laws in the field of housing and communal services. The main advantages of the new law, cons

The issue of raising tariffs for housing and communal services in 2017 was considered at a government meeting at the end of 2016, where an average tariff increase of 4.9% was set. About when there was an official increase in prices for housing and communal services and how the tariff table was divided in 2017 - read our article.

With the beginning of each year, Russians expect new increased tariffs in utility bills, and 2017 was no exception. In accordance with the inflation rate, the Government of the Russian Federation set a maximum increase in utility tariffs by 4.9%, which came into force on July 1, 2017 d. In 2017, there was a change in the system of payment for garbage collection, the amount of which is now determined by local authorities in each individual region. As explained in the Ministry of Construction of the Russian Federation, the calculation of payment for the provision of this service should be carried out on the basis of the basic tariff for the treatment of MSW and in accordance with the number of people living in an apartment in an apartment building and having a residence registration. At the same time, with the separate collection of household waste, it becomes possible to charge fees for garbage collection, taking into account the actual number and volume of garbage containers. Accordingly, the more waste that is not subject to incineration or disposal, the lower the tariff will be. Until January 1, 2017, all housing organizations with MSW serving multi-apartment buildings had to conclude agreements with a single regional waste disposal operator, which acquires ownership of the waste with the possibility of transferring it for recycling. A new line in the receipt for the housing and chemical complex from January 1, 2017 - "Solid municipal waste".

Household expenses - already in bills from the beginning of 2017

Another innovation that residents of apartment buildings encountered in 2017 is the line in the payment document on common house needs, which involves the inclusion in the estimated amount of utility payments of fees for the costs of cold water, hot water, electricity, and heat energy consumed when maintaining the general property in an apartment building, wastewater disposal for the purpose of maintaining common property in an apartment building. It should be noted that the expenses for common household needs will be limited by the standards established before November 01, 2016 by each individual subject of the Russian Federation based on the actual consumption of resources. In addition, the Government of the Russian Federation emphasizes that this line in the payment document will not affect the amount of the payment, since the expenses for general house needs will be included in the total payment for housing and communal services. Thus, according to the Government of the Russian Federation, the rights of trustworthy Russians who pay utility bills in a timely manner will be protected, because they will pay only for themselves, and not for the apartment debts of malicious non-payers.

Utility payments 2017: tariffs for gas, water, heating

The increase in gas prices for Russians in 2017 was increased by almost one and a half times compared to the previous year, and amounted to about 4.9%, while for other consumers, gas prices rose by 2.9% in 2017, according to analysts' forecasts in 2018 - by 2.4%, in 2019 - by 2.1%. It is noteworthy that the previously planned increase in gas prices was no more than 3% for the population and no more than 2% for other categories of consumers. Utility tariffs for heat, which in fact make up more than a third of the total payment of Russian citizens for housing and communal services, will rise again significantly, and the growth in tariffs will again be higher than predicted: in 2017, the increase in tariffs amounted to 4.9% instead of the previously expected 4.1%, in 2018 - 4.4% instead of 3.9%, in 2019 - 4.1% instead of 3.7%. But utility tariffs for water supply will grow noticeably slower than planned, their growth will be respectively in 2017, 2018 and 2019: 4.9%, 4.4% and 4.1% against previously predicted 6.2%, 6% and 4, 7%. It is also worth noting the fact that payments for water supply have increased significantly for those who have not installed meters. And already at the end of January 2017, such tenants received receipts with new amounts. An important point is the fact of issuing penalties for apartment owners who have not installed meters to control water consumption. Since January 2017, the multiplying factor to the water consumption standard has been increased by one and a half times, that is, in the absence of water meters in the apartment, the amount of payment for consumption will increase by 50%. In such cases, only residents of emergency and dilapidated residential premises, where there is no possibility of installing such devices, can count on the absence of penalties.

Utility payments 2017: electricity tariffs 2017

The growth of electricity tariffs for households in 2017 was limited by the level of projected inflation and will be: in 2017 — 7.1%, in 2018 — 5.4-5.9%, in 2019 — 5.1 -5.6%. For other consumers of electricity, except for the population: in 2017 - 3.9% (instead of the expected 6.3%), in 2018 - 3.4% (instead of the expected 4.5%), in 2019 - 3 .1% (instead of the expected 4%).

Important! Since 2017, the overexpenditure of electricity and heating in common building entrances has been paid by management companies.

Utility payments in 2017: tariffs in some regions

The Government of the Russian Federation at a meeting approved the increase in tariffs for housing and communal services for 2017. In each subject of the Russian Federation, benefits are also established for utilities for the disabled and pensioners. So, in 2017, utility bills in Moscow increased by almost 7%, this is the highest increase in prices for housing and communal services in Russia. An equally significant increase in tariffs occurred in the Far East - for residents of the Republic of Yakutia and the Kamchatka Territory, housing and communal services prices rose by 6%. The increase in tariffs in the Republic of Bashkortostan will be slightly less - tariffs rose by 5.6%, in Primorye - by 5%, in the Jewish Autonomy - by 4.8%, in the Magadan Region - by 4.5% and in the Khabarovsk Territory - by 4%. ,one%. The minimum increase in prices for housing and communal services occurred in Chukotka and Sakhalin - by 3.4%, in Dagestan and Kabardino-Balkaria - 3.3%, in North Ossetia - 2.5%.

Important! In the event that the share of expenses for housing and communal services in the total family income is more than 22% (average calculation for Russia), such a family has the right to apply for a subsidy for paying utility bills.

Regions can set less than the established threshold, but more - only in exceptional cases. The last word remains with the regional authorities regulating housing and communal services tariffs. The maximum values ​​of tariff growth for each individual region are indicated in the Decree of the Government of the Russian Federation, published on the official portal of legal information.

Important! New tariffs for housing and communal services in Russia came into force on July 1, 2017.

EIRKC specialists have prepared an overview of the changes in the housing and communal services sector, which will affect the amounts in the receipts of Kostroma residents in the new year. We can immediately say that all of them are aimed at stimulating the installation of general house and individual metering devices in houses and apartments, as well as intensifying the work of management companies with homeowners and tenants of residential premises.

A new procedure for calculating fees for utilities and housing maintenance in houses managed by the Criminal Code and Homeowners' associations

From January 1, as part of the housing maintenance fee, owners and tenants of residential premises will pay for cold and hot water supply, electrical energy, which are used to maintain the common property of the house. The amount of expenses of citizens will be determined based on the consumption standards for ODN, in force on November 1, 2016. For the calculation of this fee, the decision of the meeting of owners is not required. This money is paid in addition to the fee established earlier by the general meeting of homeowners.

As for the receipts that the residents of the region will receive in February, here below the line “maintenance of the living quarters” the payment for each resource necessary for the maintenance of common house property will be reflected separately. This was done in order to more fully inform the owners about the composition of the costs of paying for housing services.

In turn, the readings of common house metering devices will be used in the settlements of management companies and homeowners associations with resource-supplying organizations. If the actual consumption of resources exceeded the normative, then the costs of paying for the "excessive" amount of the resource will be borne by the service provider.

The previous scheme for calculating payments for ODN, when their size was determined based on the readings of common house meters and the sum of readings of individual meters, is retained only for apartment buildings with a direct method of management, or MKD, the owners of which have not chosen or have not implemented the chosen method of management.

Recalculation due to temporary absence

From January 1, the procedure for recalculating utility bills is significantly changing in the event of a temporary (more than 5 full calendar days in a row) absence of a consumer in a residential area that is not equipped with a meter.

Previously, within 30 days after arrival, it was enough for the consumer to write a statement that he did not live in the apartment for a certain time, and attach the following documents confirming the duration of the temporary absence:

• a) a copy of a business trip certificate or a business trip certificate, certified at the place of work;
• b) a certificate of being treated in an inpatient medical institution;
• c) travel tickets issued in the name of the consumer (if the name of the consumer is indicated in these documents in accordance with the rules for issuing them), or copies thereof;
• d) bills for accommodation in a hotel, hostel or other place of temporary residence or their copies;
• e) certificate of the internal affairs body on the temporary registration of the consumer at the place of his temporary stay;
• f) certificate of the organization that protects the residential premises, in which the consumer was temporarily absent;
• g) other documents confirming the temporary absence of the consumer.

From 2017, the recalculation of utility bills during the absence of the consumer in the apartment will be carried out according to the new rules. According to changes in housing legislation, only those residents in whose apartments there is no technical possibility of installing an individual or common (apartment) metering device can apply for a refund of the funds paid. You can obtain the relevant document from the utility service provider.

Calculation of payment for housing and communal services in the absence of permanently and temporarily residing citizens

The next change concerns rather those who own several apartments. From January 1, in the absence of citizens permanently and temporarily residing in residential premises, as well as metering devices, the volume of utilities is calculated taking into account the number of owners of such premises.

In addition, if earlier the number of temporary residents was determined on the basis of a consumer application or a protocol on an administrative offense drawn up by an authorized body, now an act drawn up by a service provider is sufficient.

Multipliers

For those who do not have metering devices installed, from January 1, 2017, a multiplying coefficient is applied to the consumption standard - 1.5. But there is an exception: strictly according to the standard, those who do not have the technical ability to install a metering device will continue to pay.

As for consumers who do not transmit meter readings to suppliers, unpleasant sanctions are also provided for them. If earlier, for citizens who do not transmit meter readings, the calculation of fees for electricity and for cold and hot water services within six months was made on the basis of average monthly values, now this period has been reduced to three months. That is, in the absence of data for three months, the subscriber will pay on an average basis, and then - immediately according to the standard.

| 20.02.2017

Payment for housing and communal services is a constant item of expenditure for any family. But many, receiving a payment for housing and communal services, do not pay attention to what services the management company takes money from them for. Although management companies often overestimate the amount of resources consumed when calculating heating and water supply fees and apply inflated rates for the maintenance and repair of common property.

In 2016, the Moscow Housing Inspection received 14,000 requests for payment of housing and communal services, most of which concerned bills for water supply, heating services, as well as the procedure for paying for housing and communal services in general. According to the results of the audit, less than 10% of complaints about incorrect billing were confirmed. As noted in the Moscow Housing Inspection, most often citizens' appeals on payment for housing and communal services are associated with a lack of information about accruals in payment documents, debts and recalculations, as well as the opacity of the procedure for calculating payments.

Changes in payment for housing and communal services

In 2017, Muscovites received a new type of payment document, in which there were some changes. Housing and communal services receipts have changed since the new year. Now the document has a section “consumption when maintaining common property in an apartment building. The line "general house needs" moved from the section "utilities" to "housing". Thus, from January 1, the costs of paying for resources consumed in the maintenance of common property in houses are included in the payment for the maintenance of residential premises. Previously, residents paid for electricity for light bulbs, intercoms and elevators at the entrance, water for washing stairs according to the indications of common house meters, that is, all expenses were evenly distributed among the apartments. Now general house expenses have received specific standards, and the overspending of utility resources will be paid not by residents, but by management companies. This is a technical redistribution of funds and does not imply an increase in the amount of payments.

The second resolution approves the rules of public housing control. The goal is to increase the transparency and efficiency of government structures. So, from January 1, financial responsibility of management companies for incorrectly charged utility services is introduced, for which they will be punished with a fine of up to 50% of the amount charged.

Public control will become an additional guarantee of conscientious work of the management company. Activists can regularly publish the results on the Internet so that all residents can review them and, if they wish, join the next test.

Changes in payment of debts

Claims against debtors in 2017 became more acute. Since 2017, a resolution has come into force, according to which debts for utilities and telephone calls from a landline number will be written off from salary cards. They can write off money from a salary card if an appropriate court order is issued for your debt. They will have the right to collect the debt from any personal account of any bank card of the defaulter in the manner prescribed by law. You can control your situation with rent debts on the public services portal or track information on the official website of the bailiffs. Debtors will be notified of the issuance of a court order. At the same time, citizens will have the right to express their disagreement with the declared amount of the debt and ask to cancel the court order.

The magistrate's court will consider, by order of procedure, applications for debts not exceeding five hundred thousand rubles, and the arbitration court - four hundred. In the case of equity non-payers, each application to the court will be considered separately.
Muscovites who leave the city for the holidays need to keep their tickets. Upon returning, you can recalculate utilities on them. To do this, tickets to the destination and back must be submitted to the settlement center, write a corresponding application. When recalculating, the amount of payment in the next month is reduced. Recalculation can be done by those citizens who were absent from home for more than five days in a row. In addition, their apartment should not be equipped with an individual or common (apartment) metering device. Otherwise, no recalculation is done.

Traditionally, every summer the State Duma of the Russian Federation adopts several federal laws regulating housing relations. 2017 was no exception. This publication provides a summary of bills considered in July and federal laws passed this month. Explanations of all the listed normative legal acts are included in the programs of the upcoming AKATO!

Federal Law No. 149-FZ dated July 1, 2017
"On Amendments to Article 174 of the Housing Code of the Russian Federation"

The law eliminated the inconsistency of the legal norms of the Housing Code of the Russian Federation, which provide for the establishment by the constituent entities of the Russian Federation of an additional list of services and works for the overhaul of common property in an apartment building.

In accordance with Part 2 of Article 166 of the Housing Code of the Russian Federation, the general list of services and (or) work on the overhaul of common property in an apartment building, financed from the capital repairs fund, the amount of which is formed based on the minimum contribution for capital repairs established by Part 1 of this article of the LC RF, may be supplemented by a regulatory legal act of the subject of the Russian Federation. At the same time, part 1 of article 174 of the HC RF establishes that only the works provided for by part 1 of article 166 of the HC RF, and works provided by the law of the constituent entity of the Russian Federation, repayment of credits, loans received and used to pay for these works, and payment of interest for the use of these credits, loans.

The federal law clarifies the provision of Part 1 of Article 174 of the LC RF, namely, it provides that at the expense of the capital repair fund, within the amount formed on the basis of the minimum contribution for capital repairs, work may be financed, provided not by law, but by the regulatory legal act of the subject RF.

Bill No. 113667-7

On Amending Articles 154 and 156 of the Housing Code of the Russian Federation and Article 12 of the Federal Law "On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation"
(in terms of clarifying the procedure for determining the costs of paying for utilities consumed in the maintenance of common property in an apartment building)

The bill provides for amendments to Articles 154 and 156 of the Housing Code of the Russian Federation and Part 10 of Article 12 of the Federal Law of June 29, 2015 No. 176-FZ in relation to the procedure for determining the amount of expenses of citizens and organizations as part of the payment for the maintenance of residential premises in an apartment building for payment of utility resources consumed during the use and maintenance of common property in an apartment building.

The federal law (draft law No. 113667-7) was adopted by the State Duma of the Russian Federation in the third (final) reading on July 19, 2017.

Bill No. 386179-6

On Amendments to the Federal Law "On Water Supply and Sanitation" and Certain Legislative Acts of the Russian Federation
(regarding the regulation of relations between organizations providing water supply and sanitation, and their subscribers)

The bill provides for amendments to Federal Law No. 416-FZ of December 7, 2011 “On Water Supply and Sanitation” (hereinafter referred to as Law 416-FZ), Federal Law No. 7-FZ of January 10, 2002 “On Environmental Protection”, Law No. 166-FZ of December 20, 2004 “On Fishing and the Conservation of Aquatic Biological Resources”, to the Water Code of the Russian Federation; a number of norms of several federal laws are recognized as invalid.

The draft law introduces a number of new definitions into Law 416-FZ, in particular, it defines the concept of “standards for the composition of wastewater”, provides for additional powers in the field of water supply and sanitation for the Government of the Russian Federation and local governments, establishes the obligation of a subscriber who receives wastewater under an agreement water disposal, to pay a fee for violation of standards and requirements, the obligation to include provisions on the procedure for monitoring compliance with such standards and requirements in a sewerage agreement. Chapter 5 of Law 416-FZ (“Ensuring environmental protection in the field of water supply and sanitation”) is recognized as invalid, Chapter 5(1) “Regulation of wastewater discharges into centralized water disposal (sewerage) systems” is introduced into Law 416-FZ.

The amendments proposed by the bill will come into force on 01/01/2019.

The federal law (draft law No. 386179-6) was adopted by the State Duma of the Russian Federation in the third (final) reading on July 19, 2017.

Bill No. 1086603-6

On Amendments to the Federal Law "On Heat Supply" and Certain Legislative Acts of the Russian Federation on the Issues of Improving the System of Relations in the Sphere of Heat Supply

The bill provides for amendments to the federal laws of July 27, 2010 No. 190-FZ "On heat supply", of August 17, 1995 No. 147-FZ "On natural monopolies", of October 6, 1999 No. 184-FZ "On the general principles of organization legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation”, dated October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation”, dated July 21, 2005 No. 115-FZ “On concession agreements”, dated July 26, 2006 No. 135-FZ “On Protection of Competition”, dated November 23, 2009 No. 261-FZ “On Energy Saving and Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation”, in the Code of Administrative Offenses of the Russian Federation, in the LCD RF.

Changes in the Housing Code (on the transition to new contractual relations between the owners of premises in apartment buildings and resource supply organizations):

"In the cases provided for in Article 157.2 of this Code, payment for utility services is paid by the owners of premises in an apartment building and tenants of residential premises under social tenancy agreements or contracts for the rental of residential premises of state or municipal housing stock in this house to the relevant resource supply organization and to the regional operator for handling municipal solid waste."

Download full law

Debts in the housing and communal services sector are the main problem in the provision of public services. The most problematic regions are Moscow, Kamchatka Krai and some others. Moreover, the main reason for the appearance of debts is by no means the consumer himself, but management companies. Intermediaries represented by the Criminal Code for various reasons delay deductions. The new bill on direct payments between the consumer and the utility provider will solve this problem.

What are the objectives of the new law?

Many management companies do not cope with the tasks assigned to them. There are many reasons for delays in paying utility bills. And the main one is the corruption component. Previously, the management company (MC) was an intermediary between the consumer and the resource supply organization (RSO). The new legislative document will make it possible to directly conclude an agreement on the supply of services with the RSO.

On March 23, 2018, in the third, final reading, a bill was adopted, on the basis of which it is possible to exclude the UK from the payment chain for the services provided. According to the new law, the owners of an apartment building at a meeting can decide on their own whether to conclude an agreement or to refuse it. You can enter into an agreement with RSO supplying the following utilities:

According to the authors of the project, RNOs supplying electricity and gas to residential buildings have been operating in the Russian Federation under this scheme for many years. Another reason for the adoption of this law is the high rate of debt collection in the presence of a direct contract.
According to the new draft law, RSOs have the right, from the moment it is adopted, to unilaterally terminate agreements with the Criminal Code. The main condition for this is the presence of a debt in the amount of two average monthly charges or more. Many property owners in apartment buildings are wary of receiving double receipts. In order to avoid this, the Goszhilnadzor body is notified of the adoption of the law.

The law itself comes into force on April 1, 2018. But some of the norms indicated in it will be put into effect gradually. The main tasks to be solved by the adopted bill:

• increase in the rate of collection of funds - the exclusion of the MC from the payment chain will reduce delays in payment;
  reduction of the corruption component - many criminal companies are created with the aim of embezzlement of citizens' funds;
• simplification of the settlement scheme between the consumer and the resource supplying organization;
• establishing order in the field of residential property management.

Even before the official publication, it became known about serious penalties in relation to the management companies that do not comply with the requirements for calculations. If there are errors, a penalty of 50% of the amount of the incorrectly indicated amount will be assigned. This bill was proposed personally by Vladimir Putin.

The main advantages of the new law, cons

The adopted bill resolves many complex issues that have accumulated in the field of housing and communal services. It protects the interests of ordinary citizens, as well as resource-supplying organizations. Previously, there were frequent cases of disconnection of entire apartment buildings - due to delays in payments from the Criminal Code. At the same time, the tenants fulfilled their debt obligations on time, without any delays.
In addition, tenants now have the right to choose a service provider. For example, garbage collection can be carried out by different companies. Thanks to the adoption of the new law, today the citizens themselves will have the right to choose a legal entity engaged in waste management. There are certain problems in this segment of housing and communal services. The new bill will create healthy competition in the field of waste disposal.

Many management companies artificially inflated prices for the supplied housing and communal services. Especially often it concerned the supply of hot water. Many residential buildings were completely equipped with their own boiler rooms in the basement and payment was not required. The new law will strengthen the control of tenants over the Criminal Code. Provides a new pressure lever. Management companies will become more responsible for the performance of their immediate duties.

Some problems may arise with the process of recalculation for the low quality of the services provided. At the same time, it will not be difficult to resolve this issue legally. Responsible for the supply of services are RNOs - with which a contract is directly concluded.

Ordinary citizens who decide to use the new right are afraid of the possibility of double receipts. When the Criminal Code, despite the decision taken jointly and severally to refuse its services as an intermediary, still issues invoices. If the agreement with the RSO was concluded within the framework of the law, all the mandatory procedures have been completed, then there is no need to pay receipts from the management company that come after the date of the agreement.

If the owner of the residential premises found two receipts in his mailbox, then it is necessary:

• notify the Criminal Code in writing of the refusal of its services;
• keep the receipt of payment (there is no need to transfer funds to the Criminal Code);
• contact your local housing authority.

Goszhilnadzor is a special organization that inspects housing and communal services. If violations are found, they must be contacted in writing or electronically. Today, all divisions of the inspection have their own websites. You can contact by phone, email. The new law comes into force on the day of its official publication.

The Ministry of Construction expressed the opinion that from 30 to 40% of management companies could leave the market after the adoption of the law. Moreover, this will positively affect the industry as a whole. Since it will be left first of all by companies that dishonestly fulfill their obligations to the RSO and consumers of public utilities. The mode of concluding an agreement directly with the RSO is determined by law.

Key changes in the second quarter of 2018

Utility resource providers and regional MSW operators can directly enter into contracts with owners and tenants of housing in apartment buildings. The way the house is run does not matter. In this case, consumers will pay for utilities directly to the supplier or the regional operator.

You can switch to direct contracts at the initiative of the owners. They have the right to decide this issue at the general meeting.

Resource supply companies and regional operators can also initiate the transition by unilaterally refusing to execute the contract with the person managing the MKD. This is permissible if the debt for utility resources or services for the removal of solid waste is two or more average monthly payments. The debt must be recognized or confirmed by a judicial act that has entered into force.