In order to regulate the procedure for applying two-component tariffs for hot water, amendments were made to the RF Resolution No. 354 of 05/06/2011 and the RF Resolution No. 306 dated May 23, 2006. According to the amendments, when establishing two-component tariffs for hot water supply (hereinafter - DHW) " the amount of the hot water utility bill is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the hot water utility service, and the cost of the component for heat energy used to heat cold water in order to provide the hot water utility service"(Paragraph 6 of clause 38 of Rules 354), while the authorized body of the constituent entity of the Russian Federation" establishes a standard for the consumption of thermal energy used for heating cold water for the provision of utility services for hot water supply"(Clause 32 (1) of Rule 306). And if the procedure for calculating the cost of hot water supply between the consumer and the contractor of the utility service (hereinafter referred to as the IKU) was resolved (although to this day there are a huge number of cases of its violation), then in the calculation between the IKU and the resource supplying organization (hereinafter referred to as the RSO) there have been and continue to arise disputes, especially in cases of equipping houses with general house metering devices, which determine both the volume of hot water consumption and the amount of heat energy in the composition of consumed hot water.
If we consider the consumption of hot water in the premises of apartment buildings, then it is easy to establish cases in which, with the same volume of consumption of hot water, the consumption of heat in the composition of this water will be different. Such cases include the consumption of "cooled" hot water in the absence of circulation in the house by those tenants who wake up earlier in the morning or later go to bed in the evening. Obviously, water will be hotter with a long-term one-time consumption compared to many short-term switching-ons, even if the total volume of short-term switching-ons will be equal to the volume of long-term one-time consumption. During the inter-heating period, there is a significant difference in the temperature of hot water in houses of the same type (for which the same consumption standards are set), depending on the length of the hot water supply network from these houses to the RNO (the distance of the MKD from the boiler room) - residents of houses connected to the "end" segments of heating networks, usually use less hot water than houses connected to the "transit" pipelines of the same networks.
Probably, in order to create a certain averaged unified calculation system, the Government of the Russian Federation decided to approve the norms for the consumption of heat energy for heating hot water supply and gave the right to establish such norms to the subjects of the Russian Federation, authorized. This eliminated the possibility of determining the different cost of hot water (in rubles per cubic meter), for example, for residents of different apartments of the same apartment building. It should be noted that the different cost of hot water (in rubles per cubic meter) for residents of one house in different months is also excluded - after all, the calculation of the cost of a cubic meter of hot water consumed by a consumer should be based on the cost of a component for cold water, the tariff for which approved by the constituent entity of the Russian Federation, and the cost of the component for thermal energy, the tariff for which and the volume for each unit of water (heat standard for heating hot water supply) is also approved by the constituent entity of the Russian Federation. Thus, the cost of one cubic meter of hot water does not depend in any way on the actual heat consumption for heating this water (measured or calculated in any way), but is calculated based only on those parameters that are approved by the state authorities of the constituent entity of the Russian Federation.
If we talk about the amount of heat consumed for the purpose of hot water supply by the entire apartment building (hereinafter referred to as MKD), then, of course, such an amount can be determined by such a general house metering device (hereinafter referred to as OPU), which measures not only the consumption of hot water for the needs of hot water supply, but and the heat content of this water. The position of the overwhelming part of the RNO, which is that the heat supplied to the MKD is to be paid in full, is reasonable and logical. It is no less logical to determine the amount of heat energy in the composition of the hot water supply consumed by all MKD, according to the control unit, which allows this amount to be measured. At the same time, in the opinion of the indicated RNO, there is no need to apply the standard for the consumption of thermal energy used for heating cold water for the provision of communal services for hot water supply, approved by the state authorities of the constituent entity of the Russian Federation. In the absence of a function for measuring the amount of heat in a common household hot water meter (and even more so in the absence of a control room at all), the same RNO consider the use of the heat standard for heating hot water supply already necessary.
The position, of course, is not devoid of logic, however, the current legislation of the Russian Federation does not give the right to choose whether to use the heat standard for DHW heating in the calculations or not to use it. The norms on the use in the calculations of precisely the rate of heat energy used for heating cold water for the provision of public services for hot water supply are imperative, subject to unconditional execution. At the same time, the legislation of the Russian Federation simply does not contain any norms on the possibility of using the OPU readings in the calculations, which determine the amount of heat energy in the composition of the hot water supply. Thus, although it is logical, the use of such indications of the GPC in the calculations, is not based on the law, and therefore is illegal. At the same time, the use in the calculations of the heat standard for heating DHW is not a right provided for individual cases (for example, the absence of an OPU, or the absence of an OPU function for measuring the heat content in DHW), but an obligation for any cases, without exception.
From the above, it follows that when calculating the cost of hot water supply (both between the consumer and the service provider for hot water supply, and between the IKU and the RNO), not the actually consumed amount of heat energy for heating water is used to provide utility services for hot water supply, but the standard for heat consumption for heating hot water supply ...
These circumstances were studied by the Arbitration Court of the Moscow Region, and then - on appeal - by the 10th Arbitration Court of Appeal, when considering the case on the claim of OOO Orekhovo-Zuevskaya Teploset against the HOA Avtoproezd (case No. А41-18008 / 16) for the recovery arrears on payment for heat energy. As third parties, the Main Directorate of the Moscow Region “State Housing Inspectorate of the Moscow Region”, the Ministry of Construction and Housing and Utilities of the Russian Federation, and the Ministry of Construction and Housing and Utilities of the Moscow Region were involved in the case.
In the Decision of 12.12.2016 in case No. А41-18008 / 16 The CA of the Moscow region indicated:
« Directly, fully and objectively examining the evidence presented by the parties in support of the stated claims and objections, the court came to the following.
As established by the court, on September 26, 2012, the plaintiff and the defendant entered into a Heat Supply Agreement No. 240, according to which the plaintiff is an energy supplying organization, and the defendant is a subscriber.
In accordance with clause 1 of article 539 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) under an energy supply agreement, the energy supplying organization undertakes to supply the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy ...
On the basis of Article 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with the energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties. The procedure for payments for energy is determined by law, other legal acts or by agreement of the parties.
In accordance with the provisions of Article 157 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by state authorities constituent entities of the Russian Federation in the manner prescribed by the Government of the Russian Federation, according to tariffs established by the state authorities of the constituent entities of the Russian Federation in the manner prescribed by federal law.
Part 5 of Article 9 of the Federal Law of July 27, 2010 No. 190-FZ "On Heat Supply" established that tariffs for hot water in open heat supply systems (hot water supply) are set in the form of two-component tariffs using a component for a coolant and a component for thermal energy ...
According to part 9 of article 32 of the Federal Law of December 7, 2011 No. No. 416-FZ "On water supply and wastewater disposal" tariffs in the field of hot water supply can be set in the form of two-component tariffs using a component for cold water and a component for thermal energy in the manner determined by the basis of pricing in the field of water supply and wastewater disposal, approved by the Government of the Russian Federation.
Clause 88 of the Pricing Fundamentals in the field of water supply and sanitation, approved by the Decree of the Government of the Russian Federation No. 406 dated May 13, 2013, provides that the tariff regulation authorities establish a two-component tariff for hot water in a closed hot water supply system, consisting of a component for cold water and a component for thermal energy.
Thus, the executive authorities of the constituent entities of the Russian Federation in the field of price (tariff) regulation make decisions on the establishment of two-component tariffs for hot water in accordance with the norms of the current legislation.
In order to regulate the procedure for applying two-component tariffs for hot water, by the Decree of the Government of the Russian Federation No. 129 dated February 14, 2015 (entered into force on February 28, 2015), amendments were made to the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved Decree of the Government of the Russian Federation of May 6, 2011 No. No. 354 (hereinafter referred to as Rules No. 354), and the Rules for the Establishment and Determination of Norms for the Consumption of Utilities, approved by the Decree of the Government of the Russian Federation dated May 23, 2006 No. 306 (hereinafter referred to as Rules No. 306).
Clause 38 of Regulation No. 354 stipulates that in the case of establishing two-component hot water tariffs, the amount of payment for utility services for hot water supply is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide utility services for hot water supply, and the cost of the component for thermal energy used to heat cold water in order to provide utility services for hot water supply.
In accordance with paragraph 42 of Regulation No. 354, in the case of establishing two-component tariffs for hot water, the amount of payment for utility services for hot water supply provided to the consumer for the billing period in a residential building equipped with an individual or common (apartment) meter is determined in accordance with formula 23 Appendix No. 2 to Regulation No. 354 based on the readings of hot water metering devices and the rate of heat energy used for water heating, and in the absence of such a meter, based on the rate of hot water consumption and the rate of heat energy used for water heating.
At the same time, Regulation No. 354 does not provide for the use of heat energy as a communal service, which corresponds to the provisions of Part 4 of Article 154 of the RF LC.
Considering the above, Regulation No. 354 provides for the distribution of heat energy used for heating cold water in order to provide utility services for hot water supply, within the framework of the standard for heat energy consumption for heating water in order to provide utility services for hot water supply.
In this regard, the relevant amendments made to Regulation No. 306 stipulate that the standard for the consumption of utility services for hot water supply is determined by establishing a standard for the consumption of hot water in a residential building and a standard for the consumption of thermal energy for heating water for hot water supply.
So, according to paragraph 7 of Regulation No. 306, when choosing a unit of measurement for consumption standards for hot water supply (hot water), the following indicators are used:
in living quarters - cubic meters meter of cold water for 1 person and Gcal for heating 1 cu. meters of cold water or cubic meters. meter of hot water for 1 person;
for general house needs - cube. meter of cold water and Gcal for heating 1 cu. meters of cold water per 1 sq. meter of the total area of the premises that are part of the common property in an apartment building, or cube. meter of hot water per 1 sq. meter of the total area of the premises that are part of the common property in an apartment building.
This principle ensures a fair distribution of heat energy for heating a cubic meter of water between all consumers, depending on the volume of hot water consumption. In this regard, the procedure for determining the amount of payment for utility services for hot water supply, established by Regulation No. 354, fully complies with the requirements of the RF Housing Code and is established taking into account the exclusion of an unfair financial burden on citizens.
Thus, regardless of the presence of a collective (common house) metering device for heat energy in the hot water supply system of an apartment building, regardless of the heat supply system (hot water supply) (open or closed), and also regardless of the season (heating or non-heating), the amount of heat the energy used for heating water is determined according to the norms for the consumption of thermal energy for heating water for hot water supply established in the manner prescribed by law.
Accordingly, if there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices that measure thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supplying organizations.
There is no other procedure for determining the amount of payment for utility services for hot water supply in the case under consideration by Regulation No. 354.
Civil rights and obligations of a managing organization or an association of homeowners or a housing cooperative or other specialized consumer cooperative (hereinafter referred to as a partnership, cooperative) to make payments for the resources necessary for the provision of utilities arise from resource supply contracts concluded in the manner prescribed by the Rules, mandatory when a management organization or a homeowners' partnership or a housing cooperative or other specialized consumer cooperative concludes agreements with resource supplying organizations approved by the Government of the Russian Federation dated February 14, 2012 No. 124 (hereinafter referred to as Resolution No. 124, Rules No. 124).
According to subparagraphs "d", "f" of paragraph 17 of Rules No. 124, the procedure for determining the volumes of the supplied utility resource, the procedure for paying for utility resources are essential terms of the resource supply agreement.
At the same time, in connection with the requirements of Rules No. 124, when concluding a resource supply agreement, the Requirements for making payments for resources necessary for the provision of utilities, approved by the Government of the Russian Federation dated March 28, 2012 No. 253 (hereinafter referred to as the Requirements), shall also be applied.
Clause 4 of the Requirements establishes that the funds received by the contractor from consumers as payment for utilities are to be transferred in favor of resource-supplying organizations.
At the same time, clause 5 of the Requirements provides that the amount of payment of the utility contractor due to transfer in favor of the resource supplying organization supplying a specific type of resource is determined depending on the payment by the consumer of the corresponding utility service in full amount specified in the payment document, or in case of partial payment, which fully corresponds with the above-mentioned norms of Regulation No. 124.
Based on the above, the amount of payment of the utility contractor in favor of the resource-supplying organization is to be determined taking into account the amount of funds received from the consumers of utilities, as well as taking into account the volume of utility resources in the event that the resource-supplying organization supplies a utility resource of inadequate quality or with interruptions exceeding the established duration ...
In addition, the managing organizations (partnerships, cooperatives), being the executors of utilities in an apartment building, acquire from resource supplying organizations a utility resource not for resale, but to provide the corresponding utility service to consumers and pay for the amount of utility resource consumed in such an apartment building from payments received from consumers for a utility service.
In accordance with the Decision of the Supreme Court of the Russian Federation dated June 8, 2012 No. AKPI12-604, according to which, within the framework of Resolution No. 124, the managing organization, partnership or cooperative are not economic entities with independent economic interests that differ from the interests of residents as direct consumers of utilities. services. These organizations carry out activities for the provision of utilities on the basis of a management agreement for an apartment building and pay for the volume of utility resources supplied under a resource supply agreement only from the received payments from consumers. In this situation, the amount of payment for a utility resource under a resource supply agreement should be equal to the amount of payment for a utility service paid by all consumers of utility services in accordance with the Rules for their provision.
Considering the above, regardless of the agreement, the parties are obliged to follow the peremptory norms that govern the procedure for settlements for the provided utilities.
According to clauses 10, 11 of part 1 of article 4 of the Housing Code of the Russian Federation, relations regarding the provision of utilities, payment for housing and utilities are regulated by housing legislation.
In accordance with the provisions of Article 8 of the Housing Code of the Russian Federation, housing relations related, inter alia, to the use of engineering equipment, the provision of utilities, payment of utility bills, are applied by the relevant legislation, taking into account the requirements established by the Housing Code of the Russian Federation.
Taking into account the foregoing, when concluding a resource supply agreement with persons who manage an apartment building, and establishing conditions in it, including those regulating the procedure for terminating the supply of a corresponding type of communal resource to an apartment building, it is necessary, first of all, to be guided by the norms of housing legislation, in particular, Rules No. 124 subject to the provisions of Regulation No. 354.
Clause 5 of the Requirements establishes that the amount of the contractor's payment due to the transfer in favor of the resource supplying organization supplying a specific type of resource is determined in the amount of the payment for a specific utility service specified in the payment document charged to the consumer for a given billing period in accordance with Rules No. 354 (if payment by the consumer in full), and if the consumer pays not in full - in the amount proportional to the amount of payment for a specific utility service in the total amount of payments indicated in the payment document for work and services performed (provided) for this billing period.
Proceeding from this, the homeowners' association is obliged to cover obligations to resource supplying organizations for the volume of utilities at the expense of funds received from consumers to pay for consumed utilities for hot water supply, that is, calculated on the basis of the rate of consumption of thermal energy used to heat water in order to provide utilities for hot water supply.
Based on the foregoing, the Arbitration Court of the Moscow Region considers that the stated claims are not subject to satisfaction.
Guided by articles of Art. 110, 112, 162, 167-170, 176 of the Arbitration Procedure Code of the Russian Federation, Arbitration Court of the Moscow Region
DECIDED:
To refuse to satisfy the claims».
Tenth Arbitration Court of Appeal , having considered the appeal against the decision of the CA of the Moscow Region, Resolution of 17.04.2017 No. 10AP-805/2017 in case No. A41-18008 / 16, by which he repeated the arguments of the court of first instance, additionally stating:
« The arguments of the appeal repeat the arguments of the claim, were reasonably rejected by the court of first instance.
Taking into account the totality of the circumstances set forth, the appellate court finds no grounds provided by law for re-evaluating the findings of the first instance court and satisfying the requirements of the appeal.
Guided by Articles 266, 268, paragraph 1 of Article 269, Article 271 of the Arbitration Procedure Code of the Russian Federation, the court
DECIDED:
The decision of the Arbitration Court of the Moscow Region of December 12, 2016 in case No. А41-18008 / 16 shall be left unchanged, the appeal - dismissed».
The Arbitration Court of the Moscow Region and the 10th Arbitration Court of Appeal, which supported its opinion, when considering case No. hot water supply (open or closed), regardless of the period of the year (heating or inter-heating), " the amount of thermal energy used for heating water is determined according to the standards for the consumption of thermal energy for heating water for hot water supply established in the manner prescribed by law ... for hot water supply purposes, are not taken into account either in settlements with consumers or in settlements with resource supplying organizations
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Hot water supply (DHW) is a round-the-clock provision of the consumer with hot water of proper quality, supplied in the required volumes through the connected network to the residential premises.
Requirements (standards) for the quality of hot water are determined by the decree of the government of the Russian Federation No. 354:
For every 3 ° C deviation from the permissible deviations in hot water temperature, the amount of the utility fee for the billing period in which the specified deviation occurred is reduced by 0.1 percent of the amount of the fee. For each hour of hot water supply, the temperature of which at the point of analysis is below 40 ° C, in total during the billing period, the payment for the consumed water is made according to the tariff for cold water.
If the pressure differs from the established one by no more than 25 percent, the amount of the utility service fee for the specified billing period is reduced by 0.1 percent of the amount of the fee.
When the pressure differs from the established one by more than 25 percent, the amount of the payment for the utility service is reduced by the amount of the payment calculated in total for each day the utility service is provided of inadequate quality.
Types of DHW systems:
Designations (decoding) in receipts for housing and communal services:
The calculation of the amount of payment for utility services for hot water supply is made according to:
Fee for DHW by component " thermal energy»To be determined based on the consumption of heat energy used for heating hot water, determined by the calculated value approved by the heat supply organization.
"The cost of the service is equal to the product of the volume of the service consumed during the billing period and the tariff for this service."
Formula 1:P = V * T, where
P- service cost,
V- the volume of the service consumed during the billing period.
T- tariff for this type of service, for water - price per 1 m3.
* - for the "hot water supply" service, presented in the form of two components, a different calculation method is used.
Cold water supply
1. If the living space equipped individual metering devices (IPU) of cold water, then the volume of services for the billing period is calculated based on the readings of metering devices, subject to their timely transfer to the settlement center.
2. If the living space not equipped IPU or metering devices do not meet the requirements of the law, then the volume of the service is calculated based on the standards for this service:
Formula 2: V хвс = V хвс / norm * N living, where
V xvs- the volume of the "cold water supply" service consumed during the billing period,
V xvs/ norm - standard for the "cold water supply" service,
N live- the number of people living in the dwelling.
Regardless of the method of determining the volume, the cost of the "cold water supply" service is determined according to Formula 1.
Hot water supply
The service "hot water supply" divided into two components is presented in the ENP as separate lines, since each component is calculated separately.
Service "Hot water supply (carrier)".
The carrier in the "hot water supply" service is cold water, therefore the volume of the carrier and its cost are calculated in the same way as the "cold water supply" service (see the "Cold water supply" section).
The tariff for the "hot water supply (carrier)" service always coincides with the tariff for the "cold water supply" service.
Service "Hot water supply (energy)".
Heat energy is spent on heating water, which is measured in gigacalories (Gcal). The amount of thermal energy consumed for heating water is calculated by the formula:
Formula 4: Q p = V gvs / n * q, where
Q p- thermal energy consumed for heating cold water;
V gvs / n- the volume of cold water (carrier) consumed during the billing period for the purposes of hot water supply;
q- specific consumption of heat energy, showing how much energy is spent on heating 1 cubic meter. meters of water. Approved like other utility standards.
The cost of the "hot water supply (energy)" service is calculated using the formula:
Formula 5: P gvs / e = Q p * T te, where
P gvs / e- the cost of the "hot water supply (energy)" service;
Q p- thermal energy consumed for heating cold water (carrier);
T te- tariff for the hot water supply (energy) component of the service. Mosoblkomtsen is approved for each supplier.
EXAMPLE:
An apartment building with an installed general metering device ( Staraya Kupavna, st. Matrosov, house 14)
The house has a centralized hot water system (closed system)
A resident with individual metering devices consumed in the billing month 3 cubic meters of cold water and 3 cubic meters of hot water.
The general house metering device has readings for the billing month 727,12 cub.m
(difference in readings: at 31.07 - 14437.30 cubic meters on 30.06 - 13710.18 cubic meters)
The tariff for the service "Cold water supply for hot water supply" is 34,98 rub / cubic meter ( heat componentn carrier)
The tariff for the "Heating water for hot water supply" service is 1794,17 RUB / Gcal ( heat componentergia)
The specific consumption of heat energy is 0,048 (Approved by the Decision of the Council of Deputies of the Ministry of Defense of the State Enterprise Staraya Kupavna of 11/17/2009.
No. 2 / 4pa-2009)
CALCULATION OF THE COST OF THE SERVICE
Heat carrier: P = V * T = 34,98
rub / cubic meter * 3
cubic meter = RUB 104.94... (used Formula No. 1)
Heat energy: R= V gvs / n * q * T = 3 cubic meters * 0,048 * 1794,17 RUB / Gcal = RUB 258.36(used Formula number 5 )
At the same time, the volume of the DHW heating service (Individual consumption) in the URS will accordingly be
0,144 Gcal. (V gvs / n * q = 3 cubic meters * 0,048 = 0,144)
Another scam VK comfort
Preparation of hot water using in-house engineering systems (ITP) of an apartment building (in the absence of centralized hot water preparation in MKD).
The amount of payment for hot water supply (DHW) is calculated based on the readings of household metering devices and the corresponding tariffs for cold water and consumed Gcal used for preparing hot water. At the same time, the costs of maintaining and repairing in-house engineering systems and electricity used to prepare hot water are included in the payment for the maintenance and repair of the living quarters.
Individual heating station of our house (ITP)
Calculation for heating and hot water prepared in an apartment building on the basis of the RF Government Regulation No. 354 dated 06.05.2011
The rules for the provision of communal services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation No. 354 dated May 6, 2011, will hereinafter be referred to as the Rules. For the convenience of typing in a text editor, the formulas used are slightly modified and concretized in comparison with their writing in the Rules, which does not change their meaning in any way.
For an unambiguous understanding: in accordance with clause 2 of the Rules, "non-residential premises in an apartment building" is a premises in an apartment building that is not residential premises and the common property of the owners of premises in an apartment building. For example, a store, a sewing studio, an office building of some organization, etc. The calculation of fees for such premises, as a rule, is similar to the calculation for a dwelling (apartment). In case of difference in calculations, they will be discussed separately.
Calculation and distribution of fees in accordance with clause 50 of the Rules between consumers living in a room (rooms) of communal apartments in MKD is carried out according to formulas 7, 8, 16, 19 and 21 of Appendix No. 2 to the Rules and will not be considered in this case.
I carry out the description of the calculations using the example of my own apartment building (hereinafter - MKD), which is equipped with the following metering devices:
1) collective (general house), installed in the heating point MKD (hereinafter - ODPU):
A) to determine the total volume (amount) of thermal energy used for the utility service "heating" and water heating for the utility service "hot water supply", the temperature of the coolant in the supply and return pipelines at the border of operational responsibility (hereinafter - ODPUTE);
B) to determine the volume (amount) of heat energy used for the utility service "hot water supply" (hereinafter - ODPute-gv);
C) to determine the volume of water used for the utility service "hot water supply" (hereinafter - ODPUgv);
2) individual, installed in each residential (apartment) and non-residential premises (hereinafter - IPU):
A) to determine the volume (quantity) of thermal energy used for the utility service "heating" (hereinafter - IPUTE);
B) to determine the volume of hot water used for the utility service "hot water supply" (hereinafter - IPUgv).
The heat energy supplied from the city heating systems to the house is divided into two parts and, with the help of the equipment of the heat point, is used:
for the preparation of the coolant circulating in the closed-type MKD heating system;
for the preparation of hot water circulating in the open-type MKD hot water supply system.
In this case, the coolant itself, supplied from urban heating networks, is not taken away, but only the thermal energy contained in it is used.
In accordance with clause 40 of the Rules, the consumer of a utility service for heating and (or) hot water supply, produced and provided by the contractor to the consumer in the absence of centralized heating and (or) hot water supply, pays a total payment for such a utility service, calculated in accordance with clause 54 of the Rules ... Namely, it should include both a payment for a utility service provided to a consumer in a residential or non-residential premises, and a payment for a utility service provided for general household needs.
Therefore, in this case, consumers should be charged in the payment document for utility services "heating" and "hot water supply" without dividing into individual consumption and consumption for general household needs.
In accordance with clause 54 of the Rules, consumers of each residential (apartment) and non-residential premises must pay the contractor for the utilities used during the billing period, namely heat energy provided for the “heating” utility service, and heat energy and cold water provided for utility service "hot water supply".
When determining the amount of payment of consumers of each residential (apartment) and non-residential premises for the communal service "heating", the volume of heat energy used only for heating is distributed among all residential and non-residential premises in an apartment building in proportion to the size of the total area of residential or non-residential premises in an apartment building in accordance with formula 18 of Appendix No. 2 to the Rules:
Ro-i = Vte-o-d x (Si / Sd) x Tte
The amount of payment of consumers of each residential (apartment) or non-residential premises for the utility service "heating" (Po-i, rubles) is determined as the product of three components:
The volume (amount) of heat energy used for the billing period in the production of the utility service "heating" and determined as the difference between the measured amount of heat energy ODPUTE and ODPUTe-gv (Vte-o-d, Gcal);
The ratio of the total area of the i-th dwelling (apartment) or non-residential premises in the MKD (Si, sq. M) to the total area of all residential premises (apartments) and non-residential premises in the MKD (Sd, sq. M);
Heat tariff established in accordance with the legislation of the Russian Federation (Tte, rubles / Gcal).
When determining the amount of payment of consumers of each residential (apartment) or non-residential premises for the utility service "hot water supply", the cost of cold water and the cost of heat energy used to heat cold water in the production of utility services for hot water supply are taken into account, distributed to each residential and non-residential premises in proportion the volume of hot water consumed during the billing period in a specific residential or non-residential premises and is calculated according to formula 20 of Appendix No. 2 to the Rules:
Prv-i = Vgv-i x Txv + Vte-gv-d x (Vgv-i / Sum Vgv-i) x Tte
___________
Sum- mathematical sign "sum".
The amount of payment of consumers of each residential (apartment) or non-residential premises for the utility service "hot water supply" (Ргв-i, rubles) is determined as the sum of two components:
Products of the volume of hot water consumed by the consumer of each residential (apartment) or non-residential premises, determined for the billing period of the IPUgv (Vgv-i, cubic meters), and the cold water tariff established in accordance with the legislation of the Russian Federation (Тхв, rubles / cubic meter .m);
The product of the volume (amount) of heat energy used during the billing period for heating cold water, determined by ODPUTe-gv (Vte-gv-d, Gcal), the ratio of the volume of hot water consumed by the consumer of each residential (apartment) or non-residential premises, determined during the billing period IPUgv (Vgv-i, cubic meters) to the total volume of hot water consumed by consumers of all residential (apartments) and non-residential premises, determined for the billing period of with the legislation of the Russian Federation (Tte, rubles / Gcal).
In order to answer the question "What is heat energy?" you need to figure out how hot water differs from cold water, what affects the water temperature? It differs in a different amount of heat contained in it. This warmth, or otherwise thermal energy, cannot be seen or touched, you can only feel. Any water with a temperature above 0 ° C contains some amount of heat. The higher the temperature of the water (steam or condensate), the more heat it contains. Heat is measured in Calories, in Joules, in MW / h (Megawatt per hour), not in degrees ° С. Since the tariffs are approved in rubles per Gigacaloria, we will take Gcal as the unit of measurement. Thus, hot water consists of water itself and the heat energy or heat (Gcal) contained in it. The water is, as it were, saturated with gigacalories. The more Gcal in water, the hotter it is. In heating systems, the coolant (hot water) enters the heating system at one temperature and exits at another. That is, I came with one amount of warmth and left with another. The coolant gives off some of the heat to the environment through heating radiators. Someone has to pay for this part, which did not return to the system, and which is measured in Gcal. With hot water supply, we consume all the water and, accordingly, all 100% of Gcal in it, we do not return anything back to the system.
What is a coolant?
All hot water that runs through pipes to the heating system or to the hot water supply system, as well as steam and condensate (the same hot water), this is the heat carrier. The word coolant consists of two words - warm and carries. When calculating, heat supply companies divide the coolant into Gcal and network water. The tariff for network water takes into account only the water itself, and does not take into account Gcal in it. The hot water tariff takes into account both water and Gcal in it. The coolant, depending on the purpose (for heating or for hot water supply), has different temperature and sanitary requirements. The coolant for hot water supply has a minimum allowable temperature that must be provided by the heat supply organization, as well as increased quality requirements. For the purposes of hot water supply, drinking water is taken, heated and released into the network. The temperature of the heating medium for heating purposes depends on the outside temperature (i.e. the weather). The colder it is outside, the more heating occurs. Conclusions: 1. When paying for heat, you will need to pay both for Gcal and for network water. When paying for hot water supply also, if a separate tariff for hot water is not set. 2. Heat carrier - carries heat, hot water, it is also network water + Gcal in it. 3. Mains water - water without Gcal. 4. In life, under the coolant and network water can be understood the same thing. For those who wish to understand this issue in more detail, we suggest that you familiarize yourself with the Rules for accounting for thermal energy and coolant.
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When paying for utilities, many people are surprised to see the phrase "water heating" in the receipt. In fact, this innovation was adopted back in 2013. According to Government Decree No. 406, in the presence of a centralized water supply system, payment must be made at a two-component tariff.
Thus, the tariff was divided into two components: the use of cold water and heat energy. Now the calculation is made separately for two resources: water for hot water supply and heat energy. That is why a column appeared in the receipts, indicating the amount of thermal energy spent on heating cold water. However, many believe that heating fees are being charged illegally, and write complaints about housing and communal services. To make sure that this type of charge is legitimate, you should learn more about this service.
The reason for this innovation was the additional use of energy. Risers and heated towel rails connected to the hot water supply system consume thermal energy, but this consumption was not previously taken into account in the calculation of utility bills. Since the heating fee can only be charged during the heating season, heating the air through the use of a heated towel rail was not paid as a public service. The government found a way out of this situation by dividing the tariff into two components.
If the water heater fails, the hot water bill will not increase. In this case, authorized employees of the management organization are obliged to repair the equipment urgently. But since the repair requires payment, the tenants still have to pay this amount. Despite the fact that the heating bill will remain the same, the payment for the repair and maintenance of the property will be increased. This is because water heaters are part of the property of homeowners.
As for non-standard situations, when, for example, some apartments in a multi-storey building have access to hot water, and the second only to cold water, issues regarding payment for heating are resolved on an individual basis. As practice shows, often tenants are required to pay for common property that they do not use.
See also: Can the light be turned off for non-payment of utilities
If with the calculation of payment for cold water everything is quite simple (carried out on the basis of the established tariff), then not everyone understands what is included in the cost of such a service as heating.
The amount to pay for a service such as water heating is calculated taking into account the following components:
The calculation of utility bills for hot water supply is based on the volume of water used, which is measured in m3.
As a rule, the amount of required heat energy is determined on the basis of the general house values, which are shown by the hot water meters and the consumed heat energy. The amount of energy used in each room is calculated by multiplying the amount of water used (determined by the meter) by the specific consumption of heat energy. The amount of energy is multiplied by the tariff. The resulting value is the amount required to pay for what is written in the receipt as "water heating".
Heating water is one of the most expensive utilities. This is due to the fact that when heating, it is necessary to use special equipment operating from the mains. To make sure that the correct amount for payment is indicated on the receipt, you can make the calculations yourself and compare the received value with the amount indicated on the receipt. To do this, you need to find out the amount of payment for heat energy established by the regional tariff commission. Further calculations depend on the presence or absence of metering devices:
If there is a common meter for heat consumption in a residential building and individual meters installed in apartments, the amount for heating is calculated based on the readings of the general meter and further proportional distribution for each apartment. If there is no such device, the amount required to pay for heating is calculated based on the standard of energy consumption for heating 1 m3 of water in the reporting month and the readings of an individual water meter.
If the legitimacy of the additional line "water heating" in the receipts is questionable, so as not to overpay for heating, it is recommended to first contact the Criminal Code with a request to explain what this point means. The appearance of a new line in the receipt is legal only on the basis of the decision of the owner of the MKD premises. In the absence of such a decision, you should write a complaint to the GZI. After filing a claim with the Criminal Code, you must be provided with an answer with explanations within thirty days. In case of refusal to substantiate why such a service is prescribed in the receipt, a complaint should be filed with the prosecutor's office with a claim to the court. In this case, if you have already paid the amount specified in the receipt, Article 395 of the Civil Code of the Russian Federation will serve as the basis for the claim. If a refund is not required, but you still have to pay for services that you are not provided with, file a claim to exclude the water heating line. In this case, it is worth referring to Article 16 of the Law "On Protection of Consumer Rights".
See also: Is it necessary to check water meters in Moscow
If there is a need to appeal against the actions of housing and communal services on issues related to violation of the rights of consumers of communal services, you should contact Rospotrebnadzor. If you have any questions about the tariffs set for housing and communal services, you need to contact the Federal Tariff Service.
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Let the management company Nash Dom explain what we pay for and how the concepts listed above differ from each other. It is difficult for us ordinary people to maneuver in technical terms.
Question from the site nashdomkch.ru
Sergey Kirilyuk, head of the energy department of the Nash Dom UZhK answers:
In the bills for heat and hot water, which are presented by heat supply companies, the following tariffs may be indicated: - per Gcal, (RUB / Gcal); - for mains water (rub / t) or for heat carrier (rub / cubic meter);
For hot water or hot water supply (rub / cubic meter)
Not all consumers understand why they have a large amount in their invoices for heat energy (rubles / Gcal), for hot water (rubles / cubic meter), and then there is a relatively small amount for network water (rubles / T). What is this additional fee? I will not give a dictionary definition of thermal energy, I will try to explain it “on the fingers”.
Think about the difference between hot water and cold water, what affects the water temperature? It differs in a different amount of heat contained in it. This warmth (or, in other words, thermal energy) cannot be seen or touched, you can only feel it. Any water with a temperature above 0 ° C contains some amount of heat. The higher the temperature of the water (steam or condensate), the more heat it contains.
Heat is measured in calories, in joules, in MW / h (megawatt per hour), not in degrees ° C. Since the tariffs are approved in rubles per gigacalorie, we will take Gcal as the unit of measurement. Thus, hot water consists of water itself and the heat energy or heat (Gcal) contained in it. The water is, as it were, saturated with gigacalories. The more Gcal in water, the hotter it is.
In heating systems, the coolant (hot water) comes in at one temperature and exits at another. Water gives off some of the heat to the environment through heating radiators. For this part, which did not return to the system, and which is measured in Gcal, someone has to pay.
With hot water supply, we consume all the water and, accordingly, all 100% of Gcal in it, we do not return anything back to the system.
What is a coolant? All hot water that runs through pipes to the heating system or to the hot water supply system, as well as steam and condensate (the same hot water). The word coolant consists of two words - warm and carries. When calculating, heat supply companies break the coolant into Gcal and network water, which misleads some consumers.
If earlier UZHK "Our House" charged for hot water at tariffs for hot water supply in rubles / cubic meter, now we break the coolant for hot water supply. In our invoices for payment for hot water, we do not have a tariff of rubles / cubic meter. We expose for hot water supply as well as for heat, separately for network water and separately for Gcal.
The tariff for network water takes into account only the water itself, and does not take into account Gcal in it. The hot water tariff takes into account both water and Gcal in it.
The coolant, depending on the purpose (for heating or for hot water supply), has different temperature and sanitary requirements. For hot water supply, there is a minimum allowable temperature that the heat supply organization must provide, as well as increased quality requirements.
In Kachkanar, there is a 2-pipe open heat supply system, from which the hot water supply system is powered in each detached house - this was determined by the project during the construction of the city. In the summer, there is no circulation of the heating system, hot water is supplied through one of the pipes of the heating system (from the CHP to each consumer).
The temperature of the heating medium for heating depends on the outside temperature (weather). The colder it is outside, the more we warm.
Conclusions: - when paying for heat, you will need to pay for Gcal. When paying for hot water - both for Gcal and for network water (heat carrier); - heat carrier - carries heat, hot water, it is also network water + Gcal in it; - network water - water without Gcal;
In life, a coolant and network water can mean the same thing.
Tags: housing and communal services
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Resolution of the Government of the Russian Federation dated February 14, 2015 No. 129, in order to regulate the procedure for applying two-component tariffs for hot water, amendments were made to the RF Resolution No. 354 dated May 06, 2011 and No. 306 of the RF Government dated May 23, 2006. According to the amendments, when establishing two-component tariffs for hot water supply (hereinafter - DHW) “the amount of payment for the utility service for hot water supply is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide the utility service for hot water supply, and the cost of the component for heat energy used to heat cold water for the purpose of provision of utility services for hot water supply "(paragraph 6 of clause 38 of Rules 354), while the authorized body of the constituent entity of the Russian Federation" establishes the standard for the consumption of heat energy used to heat cold water for the provision of utility services for hot water supply "(clause 32 (1) of Rules 306 ). And if the procedure for calculating the cost of hot water supply between the consumer and the contractor of the utility service (hereinafter referred to as the IKU) was resolved (although to this day there are a huge number of cases of its violation), then in the calculation between the IKU and the resource supplying organization (hereinafter referred to as the RSO) there have been and continue to arise disputes, especially in cases of equipping houses with general house metering devices, which determine both the volume of hot water consumption and the amount of heat energy in the composition of consumed hot water.
If we consider the consumption of hot water in the premises of apartment buildings, then it is easy to establish cases in which, with the same volume of consumption of hot water, the consumption of heat in the composition of this water will be different. Such cases include the consumption of "cooled" hot water in the absence of circulation in the house by those tenants who wake up earlier in the morning or later go to bed in the evening. Obviously, water will be hotter with a long-term one-time consumption compared to many short-term switching-ons, even if the total volume of short-term switching-ons will be equal to the volume of long-term one-time consumption. During the inter-heating period, there is a significant difference in the temperature of hot water in houses of the same type (for which the same consumption standards are set), depending on the length of the hot water supply network from these houses to the RNO (the remoteness of the MKD from the boiler room) - residents of houses connected to the "end" segments of heating networks, usually use less hot water than houses connected to the "transit" pipelines of the same networks.
Probably, in order to create a kind of averaged unified calculation system, the Government of the Russian Federation decided to approve the standards for the consumption of heat energy for heating hot water supply and gave the right to establish such standards to the constituent entities of the Russian Federation authorized to approve the standards for the consumption of utilities. This eliminated the possibility of determining the different cost of hot water (in rubles per cubic meter), for example, for residents of different apartments of the same apartment building. It should be noted that the different cost of hot water (in rubles per cubic meter) for residents of one house in different months is also excluded - after all, the calculation of the cost of a cubic meter of hot water consumed by a consumer should be based on the cost of a component for cold water, the tariff for which approved by the constituent entity of the Russian Federation, and the cost of the component for thermal energy, the tariff for which and the volume for each unit of water (heat standard for heating hot water supply) is also approved by the constituent entity of the Russian Federation. Thus, the cost of one cubic meter of hot water does not depend in any way on the actual heat consumption for heating this water (measured or calculated in any way), but is calculated based only on those parameters that are approved by the state authorities of the constituent entity of the Russian Federation.
If we talk about the amount of heat consumed for the purpose of hot water supply by the entire apartment building (hereinafter referred to as MKD), then, of course, such an amount can be determined by such a general house metering device (hereinafter referred to as OPU), which measures not only the consumption of hot water for the needs of hot water supply, but and the heat content of this water. The position of the overwhelming part of the RNO, which is that the heat supplied to the MKD is to be paid in full, is reasonable and logical. It is no less logical to determine the amount of heat energy in the composition of the hot water supply consumed by all MKD, according to the control unit, which allows this amount to be measured. At the same time, in the opinion of the indicated RNO, there is no need to apply the standard for the consumption of thermal energy used for heating cold water for the provision of communal services for hot water supply, approved by the state authorities of the constituent entity of the Russian Federation. In the absence of a function for measuring the amount of heat in a common household hot water meter (and even more so in the absence of a control room at all), the same RNO consider the use of the heat standard for heating hot water supply already necessary.
The position, of course, is not devoid of logic, however, the current legislation of the Russian Federation does not give the right to choose whether to use the heat standard for DHW heating in the calculations or not to use it. The norms on the use in the calculations of precisely the rate of heat energy used for heating cold water for the provision of public services for hot water supply are imperative, subject to unconditional execution. At the same time, the legislation of the Russian Federation simply does not contain any norms on the possibility of using the OPU readings in the calculations, which determine the amount of heat energy in the composition of the hot water supply. Thus, although it is logical, the use of such indications of the GPC in the calculations, is not based on the law, and therefore is illegal. At the same time, the use in the calculations of the heat standard for heating DHW is not a right provided for individual cases (for example, the absence of an OPU, or the absence of an OPU function for measuring the heat content in DHW), but an obligation for any cases, without exception.
From the above, it follows that when calculating the cost of hot water supply (both between the consumer and the service provider for hot water supply, and between the IKU and the RNO), not the actually consumed amount of heat energy for heating water is used to provide utility services for hot water supply, but the standard for heat consumption for heating hot water supply ...
These circumstances were studied by the Arbitration Court of the Moscow Region, and then - on appeal - by the 10th Arbitration Court of Appeal, when considering the case on the claim of OOO Orekhovo-Zuevskaya Teploset against the HOA Avtoproezd (case No. А41-18008 / 16) for the recovery arrears on payment for heat energy. As third parties, the Main Directorate of the Moscow Region “State Housing Inspectorate of the Moscow Region”, the Ministry of Construction and Housing and Utilities of the Russian Federation, and the Ministry of Construction and Housing and Utilities of the Moscow Region were involved in the case.
In the Decision of 12.12.2016 on case No. A41-18008 / 16, the AC of the Moscow Region indicated:
“Having directly, fully and objectively examined the evidence presented by the parties in support of the stated claims and objections, the court came to the following.
As established by the court, on September 26, 2012, the plaintiff and the defendant entered into a Heat Supply Agreement No. 240, according to which the plaintiff is an energy supplying organization, and the defendant is a subscriber.
In accordance with clause 1 of Article 539 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) under an energy supply agreement, the energy supplying organization undertakes to supply the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy ...
On the basis of Article 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with the energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties. The procedure for payments for energy is determined by law, other legal acts or by agreement of the parties.
In accordance with the provisions of Article 157 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by the state authorities constituent entities of the Russian Federation in the manner prescribed by the Government of the Russian Federation, according to tariffs established by the state authorities of the constituent entities of the Russian Federation in the manner prescribed by federal law.
Part 5 of Article 9 of the Federal Law of July 27, 2010 No. 190-FZ "On Heat Supply" established that tariffs for hot water in open heat supply systems (hot water supply) are set in the form of two-component tariffs using a component for a coolant and a component for thermal energy ...
According to part 9 of article 32 of the Federal Law of December 7, 2011 No. No. 416-FZ "On water supply and wastewater disposal" tariffs in the field of hot water supply can be set in the form of two-component tariffs using a component for cold water and a component for thermal energy in the manner determined by the basis of pricing in the field of water supply and wastewater disposal, approved by the Government of the Russian Federation.
Clause 88 of the Pricing Fundamentals in the field of water supply and sanitation, approved by the Decree of the Government of the Russian Federation No. 406 dated May 13, 2013, provides that the tariff regulation authorities establish a two-component tariff for hot water in a closed hot water supply system, consisting of a component for cold water and a component for thermal energy.
Thus, the executive authorities of the constituent entities of the Russian Federation in the field of price (tariff) regulation make decisions on the establishment of two-component tariffs for hot water in accordance with the norms of the current legislation.
In order to regulate the procedure for applying two-component tariffs for hot water, by the Decree of the Government of the Russian Federation No. 129 dated February 14, 2015 (entered into force on February 28, 2015), amendments were made to the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved Decree of the Government of the Russian Federation of May 6, 2011 No. No. 354 (hereinafter referred to as Rules No. 354), and the Rules for the Establishment and Determination of Norms for the Consumption of Utilities, approved by the Decree of the Government of the Russian Federation dated May 23, 2006 No. 306 (hereinafter referred to as Rules No. 306).
Clause 38 of Regulation No. 354 stipulates that in the case of establishing two-component hot water tariffs, the amount of payment for utility services for hot water supply is calculated based on the sum of the cost of the component for cold water intended for heating in order to provide utility services for hot water supply, and the cost of the component for thermal energy used to heat cold water in order to provide utility services for hot water supply.
In accordance with paragraph 42 of Regulation No. 354, in the case of establishing two-component tariffs for hot water, the amount of payment for utility services for hot water supply provided to the consumer for the billing period in a residential building equipped with an individual or common (apartment) meter is determined in accordance with formula 23 Appendix No. 2 to Regulation No. 354 based on the readings of hot water metering devices and the rate of heat energy used for water heating, and in the absence of such a meter, based on the rate of hot water consumption and the rate of heat energy used for water heating.
At the same time, Regulation No. 354 does not provide for the use of heat energy as a communal service, which corresponds to the provisions of Part 4 of Article 154 of the RF LC.
Considering the above, Regulation No. 354 provides for the distribution of heat energy used for heating cold water in order to provide utility services for hot water supply, within the framework of the standard for heat energy consumption for heating water in order to provide utility services for hot water supply.
In this regard, the relevant amendments made to Regulation No. 306 provide that the standard for the consumption of utility services for hot water supply is determined by establishing a standard for the consumption of hot water in a residential building and a standard for the consumption of thermal energy for heating water for hot water supply.
So, according to paragraph 7 of Regulation No. 306, when choosing a unit of measurement for consumption standards for hot water supply (hot water), the following indicators are used:
in living quarters - cubic meters meter of cold water for 1 person and Gcal for heating 1 cu. meters of cold water or cubic meters. meter of hot water for 1 person;
for general house needs - cube. meter of cold water and Gcal for heating 1 cu. meters of cold water per 1 sq. meter of the total area of the premises that are part of the common property in an apartment building, or cube. meter of hot water per 1 sq. meter of the total area of the premises that are part of the common property in an apartment building.
This principle ensures a fair distribution of heat energy for heating a cubic meter of water between all consumers, depending on the volume of hot water consumption. In this regard, the procedure for determining the amount of payment for utility services for hot water supply, established by Regulation No. 354, fully complies with the requirements of the RF Housing Code and is established taking into account the exclusion of an unfair financial burden on citizens.
Thus, regardless of the presence of a collective (common house) metering device for heat energy in the hot water supply system of an apartment building, regardless of the heat supply system (hot water supply) (open or closed), and also regardless of the season (heating or non-heating), the amount of heat the energy used for heating water is determined according to the norms for the consumption of thermal energy for heating water for hot water supply established in the manner prescribed by law.
Accordingly, if there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices that measure thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supplying organizations.
There is no other procedure for determining the amount of payment for utility services for hot water supply in the case under consideration by Regulation No. 354.
Civil rights and obligations of a managing organization or an association of homeowners or a housing cooperative or other specialized consumer cooperative (hereinafter referred to as a partnership, a cooperative) to make payments for the resources necessary for the provision of utilities arise from resource supply contracts concluded in the manner prescribed by the Rules, mandatory when a management organization or a homeowners' partnership or a housing cooperative or other specialized consumer cooperative concludes agreements with resource supplying organizations approved by the Government of the Russian Federation dated February 14, 2012 No. 124 (hereinafter referred to as Resolution No. 124, Rules No. 124).
According to subparagraphs "d", "f" of paragraph 17 of Rules No. 124, the procedure for determining the volumes of the supplied utility resource, the procedure for paying for utility resources are essential terms of the resource supply agreement.
At the same time, in connection with the requirements of Rules No. 124, when concluding a resource supply agreement, the Requirements for making payments for resources necessary for the provision of utilities, approved by the Government of the Russian Federation dated March 28, 2012 No. 253 (hereinafter referred to as the Requirements), shall also be applied.
Clause 4 of the Requirements establishes that the funds received by the contractor from consumers as payment for utility services are subject to transfer in favor of resource-supplying organizations.
At the same time, clause 5 of the Requirements provides that the amount of payment of the utility contractor due to transfer in favor of the resource supplying organization supplying a specific type of resource is determined depending on the payment by the consumer of the corresponding utility service in full amount specified in the payment document, or in case of partial payment, which fully corresponds with the above-mentioned norms of Regulation No. 124.
Based on the above, the amount of payment of the utility contractor in favor of the resource-supplying organization is to be determined taking into account the amount of funds received from the consumers of utilities, as well as taking into account the volume of utility resources in the event that the resource-supplying organization supplies a utility resource of inadequate quality or with interruptions exceeding the established duration ...
In addition, the managing organizations (partnerships, cooperatives), being the executors of utilities in an apartment building, acquire from resource supplying organizations a utility resource not for resale, but to provide the corresponding utility service to consumers and pay for the amount of utility resource consumed in such an apartment building from payments received from consumers for a utility service.
In accordance with the Decision of the Supreme Court of the Russian Federation dated June 8, 2012 No. AKPI12-604, according to which, within the framework of Resolution No. 124, the managing organization, partnership or cooperative are not economic entities with independent economic interests that differ from the interests of residents as direct consumers of utilities. services. These organizations carry out activities for the provision of utilities on the basis of a management agreement for an apartment building and pay for the volume of utility resources supplied under a resource supply agreement only from the received payments from consumers. In this situation, the amount of payment for a utility resource under a resource supply agreement should be equal to the amount of payment for a utility service paid by all consumers of utility services in accordance with the Rules for their provision.
Considering the above, regardless of the agreement, the parties are obliged to follow the peremptory norms that govern the procedure for settlements for the provided utilities.
According to clauses 10, 11 of part 1 of article 4 of the Housing Code of the Russian Federation, relations regarding the provision of utilities, payment for housing and utilities are regulated by housing legislation.
In accordance with the provisions of Article 8 of the Housing Code of the Russian Federation, housing relations related, inter alia, to the use of engineering equipment, the provision of utilities, payment of utility bills, are applied by the relevant legislation, taking into account the requirements established by the Housing Code of the Russian Federation.
Taking into account the foregoing, when concluding a resource supply agreement with persons who manage an apartment building, and establishing conditions in it, including those regulating the procedure for terminating the supply of the corresponding type of communal resource to an apartment building, it is necessary, first of all, to be guided by the norms of housing legislation, in particular, Rules No. 124 subject to the provisions of Regulation No. 354.
Clause 5 of the Requirements establishes that the amount of the contractor's payment due to the transfer in favor of the resource supplying organization supplying a specific type of resource is determined in the amount of the payment for a specific utility service specified in the payment document charged to the consumer for this billing period in accordance with Rules No. 354 (if payment by the consumer in full), and if the consumer pays not in full - in the amount proportional to the amount of payment for a specific utility service in the total amount of payments indicated in the payment document for work and services performed (provided) for this billing period.
Proceeding from this, the homeowners' association is obliged to cover obligations to resource supplying organizations for the volume of utilities at the expense of funds received from consumers to pay for consumed utilities for hot water supply, that is, calculated on the basis of the rate of consumption of thermal energy used to heat water in order to provide utilities for hot water supply.
Based on the foregoing, the Arbitration Court of the Moscow Region considers that the stated claims are not subject to satisfaction.
Guided by articles of Art. 110, 112, 162, 167-170, 176 of the Arbitration Procedure Code of the Russian Federation, Arbitration Court of the Moscow Region
To refuse to satisfy the claim ”.
The Tenth Arbitration Court of Appeal, having considered the appeal against the decision of the CA of the Moscow Region, adopted Resolution No. 10AP-805/2017 of 17.04.2017 in case No. A41-18008 / 16, which it repeated the arguments of the court of first instance, additionally stating:
“The arguments of the appeal repeat the arguments of the claim, were reasonably rejected by the court of first instance.
Taking into account the totality of the circumstances set forth, the appellate court finds no grounds provided by law for re-evaluating the findings of the first instance court and satisfying the requirements of the appeal.
Guided by Articles 266, 268, paragraph 1 of Article 269, Article 271 of the Arbitration Procedure Code of the Russian Federation, the court
DECIDED:
The decision of the Arbitration Court of the Moscow Region of December 12, 2016 in case No. А41-18008 / 16 shall be left unchanged, the appeal - dismissed. "
The Arbitration Court of the Moscow Region and the 10th Arbitration Court of Appeal, which supported its opinion, when considering case No. hot water supply (open or closed), regardless of the period of the year (heating or inter-heating), “the amount of heat energy used for water heating is determined according to the norms for the consumption of heat energy for heating water for hot water supply established in accordance with the procedure established by law ..., if there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices that measure thermal energy used for hot water supply are not taken into account either in settlements with consumers or in settlements with resource supplying organizations. "
