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 common-house 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)
Specific heat consumption is 0,048 (Approved by the Decision of the Council of Deputies of the Ministry of Defense of the State Enterprise Staraya Kupavna of 17.11.2009.
No. 2 / 4pa-2009)
CALCULATION OF THE COST OF THE SERVICE
Heat carrier: P = V * T = 34,98
rub / cubic meter * 3
cubic meter = 104.94 rbl... (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 service Water heating for hot water supply (Individual consumption) in the ENP will accordingly be
0,144 Gcal. (V gvs / n * q = 3 cubic meters * 0,048 = 0,144)
A new column appeared in receipts for utilities - hot water supply. It caused bewilderment among users, since not everyone understands what it is and why it is necessary to make payments on this line. There are also such apartment owners who cross out the column. This entails the accumulation of debt, interest, fines and even litigation. In order not to take matters to extreme measures, you need to know what is hot water supply, hot water supply and why you need to pay for these indicators.
DHW - this designation stands for hot water supply. Its purpose is to provide apartments in apartment buildings and other residential premises with hot water at an acceptable temperature, but DHW is not hot water itself, but thermal energy, which is spent on heating water to an acceptable temperature.
Experts divide hot water supply systems into two types:
Both systems have one goal - to provide homeowners with hot water. In apartment buildings, a central system is usually used, but many users install a boiler in case the hot water is turned off, as has happened in practice. An autonomous system is installed where it is not possible to connect to the central water supply. Only those consumers who use the central heating system pay for DHW. Autonomous circuit users pay for utility resources that are spent to heat the heat carrier - gas or electricity.
Important! Another one in the column in the receipt related to DHW is DHW at ONE. Decoding ODN - general house needs. This means that the DHW column for ONE is the consumption of energy for heating water used for the general needs of all residents of an apartment building.
These include:
The DHW Law was adopted in 2013. Government Decree No. 406 states that users of the district heating system are obliged to pay at a two-component tariff. This suggests that the tariff was divided into two elements:
So hot water supply appeared in the receipt, that is, the thermal energy spent on heating cold water. Housing and communal services specialists came to the conclusion that risers and heated towel rails, which are connected to the hot water supply circuit, consume thermal energy to heat non-residential premises. Until 2013, this energy was not taken into account in receipts, and consumers used it for decades free of charge, since outside the heating season, air heating in the bathroom continued. Based on this, officials divided the tariff into two components, and now citizens have to pay for hot water supply.
The equipment for heating the liquid is a water heater. Its breakdown does not affect the tariff for hot water, but users must pay the cost of repairing equipment, since water heaters are part of the property of homeowners in an apartment building. The corresponding amount will appear on the receipt for the maintenance and repair of the property.
Important! This payment should be carefully considered by the owners of those apartments that do not use hot water, since an autonomous heating system is installed in their homes. Housing and communal services specialists do not always pay attention to this, simply distributing the amount for the repair of the water heater among all citizens.
As a result, these apartment owners have to pay for equipment they did not use. If you find an increase in the rate for the repair and maintenance of property, you need to find out what this is connected with and contact the management company for a recalculation if the payment is calculated incorrectly.
What is this - a component for a coolant? This is the heating of cold water. A metering device is not installed on the thermal energy component, unlike hot water. For this reason, it is impossible to calculate this indicator by the counter. How is the heat energy for DHW calculated in this case? When calculating the payment, the following points are taken into account:
Important! The calculation of the cost of hot water is carried out taking into account the volume of consumed water, which is measured in 1 cubic meter.
The amount of the energy charge is usually calculated based on the value of the readings of the general hot water meter and the amount of energy in hot water. Energy is calculated for each individual apartment. For this, water consumption data is taken, which is learned from the meter readings, and multiplied by the specific heat energy consumption. The received data is multiplied by the tariff. This figure is the required contribution, which is indicated on the receipt.
Not all users trust the settlement center, therefore, the question arises of how to calculate the cost of hot water supply yourself. The resulting indicator is compared with the amount in the receipt and, on the basis of this, a conclusion is made about the correctness of the charges.
To calculate the cost of hot water supply, you need to know the tariff for heat energy. The amount is also affected by the presence or absence of a metering device. If it is, then readings are taken from the meter. In the absence of a meter, the standard for the consumption of thermal energy used for heating water is taken. Such a normative indicator is established by an energy-saving organization.
If an energy consumption meter is installed in a multi-storey building and there is a meter for hot water in the house, then the amount for hot water supply is calculated based on the data of general housekeeping and the subsequent proportional distribution of the coolant among the apartments. In the absence of a meter, the rate of energy consumption per 1 cubic meter of water and the readings of individual meters are taken.
If, after self-calculating the amount of contributions for hot water supply, a difference is revealed, you must contact the management company for clarification. If the employees of the organization refuse to give explanations about this, it is necessary to submit a written claim. Its employees of the company have no right to ignore. The answer must be received within 13 working days.
Important! If no answer was received or it is not clear from it why such a situation arose, then the citizen has the right to file a claim with the prosecutor's office or a statement of claim to the court. The instance will consider the case and make an appropriate objective decision. You can also contact the organizations that control the activities of the management company. Here the subscriber's complaint will be considered and an appropriate decision will be made.
The electricity used to heat the water is not a free service. The payment for it is charged on the basis of the Housing Code of the Russian Federation. Each citizen can independently calculate the amount of this payment and compare the received data with the amount in the receipt. If any inaccuracies arise, you should contact the management company. In this case, the difference will be compensated if the error is acknowledged.
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 utility charge 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 hot water utility service, and the cost of the component for heat energy used to heat cold water in order to provide the utility service 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 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 - IKU) has been 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 - RSO) there have arisen 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 in the composition of consumed hot water.
If we consider the consumption of hot water in apartment buildings, 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 go to bed later 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 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 excluded 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 in any way depend 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 public 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 metering device (and even more so in the absence of a control room at all), the same RSO 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 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 GDU 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 hot water supply is not a right provided for individual cases (for example, the absence of a control room, or the absence of a control room function for measuring the heat content in hot water supply), 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 actually consumed volume of heat energy is used for heating water 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) to recover arrears on payment for heat energy. 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 as third parties.
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 established by the Government of the Russian Federation, at rates 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 Basics of Pricing in the Sphere of Water Supply and Sanitation, approved by Decree of the Government of the Russian Federation No. 406 dated May 13, 2013, stipulates that tariff regulators 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 Decree of the Government of the Russian Federation No. 306 dated May 23, 2006 (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 the payment for the hot water utility service 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 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 meters 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 accordance with the procedure prescribed by law.
Accordingly, in the presence of 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' association or a housing cooperative or other specialized consumer cooperative concludes agreements with resource supplying organizations approved by the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter, respectively, - 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 conjunction 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 apply.
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 to 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 the resource supplying organization supplies a utility resource of inadequate quality or with interruptions exceeding the established duration ...
In addition, 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 an apartment building management agreement and pay for the amount of utilities supplied under a resource supply contract 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, the relevant legislation is applied to housing relations, including the use of engineering equipment, the provision of utilities, payment for utilities, 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 managing 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 specified in the payment document for work and services performed (provided) for this billing period.
Based on 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 based on 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 Moscow Region Arbitration Court considers that the stated claims are not subject to satisfaction.
Guided by the 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 out above, the appellate court does not find the grounds provided for by law for re-evaluating the conclusions 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 ..., if there are standards for the consumption of thermal energy for heating hot water, the readings of metering devices measuring the thermal energy used for hot water supply purposes, are not taken into account neither in settlements with consumers, nor in settlements with resource supplying organizations
****************************************************************************
In the modern world, people are used to living in comfortable conditions. And the higher the standard of living, the more benefits surround people. One of such essential conditions for the comfortable life of the population today is the availability of hot water supply in apartments and private houses. Today, the consumption of hot water is equal to the use of cold water and sometimes even exceeds it.
Hot water supply is the provision of the population, including its domestic needs, as well as production needs, with high temperature water (up to +75 degrees Celsius). It is an important indicator of the level and quality of life, as well as a condition for compliance with sanitary and hygienic standards. The hot water supply system consists of special equipment, functioning in combination, which serves to heat water to the desired temperature, as well as to supply it to water intake points.
Most often, this system consists of the following elements:
In regulatory documents, an abbreviation for the phrase hot water supply - DHW is often used.
The hot water supply system can be of two types.
There is also an independent hot water supply system. Water is heated in a boiler room or heating point, then supplied to the house. It is called independent because it operates separately and is not connected to the heat supply system. It is used in private homes or cottages.
As for water heaters, they are divided into two types.
Their choice depends only on the wishes of the owner, as well as on the living conditions of the premises.
The hot water supply system can be dead-end or circulating. The dead-end scheme is used with constant use of hot water. With an inconsistent water intake, the water in the pipes cools down and is no longer too hot. In order to obtain water of the required hot temperature, it will take a long time to drain it, which is not very convenient. With a circulation system, water is always supplied hot, but such a system is more expensive. This scheme is well suited in cases of periodic water withdrawal. The water temperature is constantly maintained and users receive hot water.
The circulation system in such systems can be of two types.
Hot water supply consists of the following elements:
Water heaters of several types can be generators.
Pipelines for both hot and cold water supply are a single system, they are laid in parallel. Mixers are installed at the water intake points, which allow you to obtain different temperatures (from +20 to +70 degrees Celsius) due to the mixing of hot and cold water. In the hot water system, it is better to use galvanized or plastic pipes so that corrosion does not occur. It is better to insulate pipelines and risers to avoid unnecessary heat loss. In modern homes, hot and cold water meters are installed to measure water consumption, which allows you not to overpay for consumption, but to pay only for consumed water.
If we talk about the advantages and disadvantages of hot water supply, it is better to consider separately the open and closed systems.
The disadvantages include the following:
The advantages of a closed hot water supply system include:
The disadvantage is the mandatory presence of water heaters. They can be flowing or accumulative, allowing you to always have a backup water supply.
A very important point in the hot water supply system is the presence of a hydraulic accumulator. It helps prevent some of the problems associated with differential pressure in the system. The accumulator is a sealed tank in which there is a membrane partially filled with water. It divides the tank into water and air parts. If the volume of water in the hydraulic tank increases, then, accordingly, the volume of air decreases.
In the event of increased pressure parameters in the system, a signal is given and the pump is turned off. There is a pneumatic valve for pressure regulation. Air is pumped through the nipple. Its amount can be either added or decreased.
The accumulator has such advantages as:
Thus, the presence of this device only has a positive effect on the functioning of the entire system as a whole.
According to the "Rules for the provision of utilities", the hot water temperature should correspond to a value from +60 to +75 degrees Celsius. This value is fully consistent with the sanitary norms and rules of the legislation of the Russian Federation.
It is worth considering that there are some permissible deviations, namely:
According to the rules, if the supplied hot water is colder than the standard value, the user can recalculate and pay for it at the cost of cold water supply. But for this you have to take temperature measurements. You cannot do this on your own. The first step is to call the housing and communal services or the management company and leave a request for measurement. If this drop in temperature is due to malfunctions, repairs or other reason, the dispatcher must inform about this.
If everything is in order, you need to fix the application. After the visit of the master, you need to draw up an act of measuring the temperature in two copies. It is on the basis of this act that the cost will be recalculated.
During the measurement, you need to pay attention to the following factors:
According to the SanPiN article, this violation involves the payment of a fine.
The established temperature regimes are associated with the following factors:
The temperature of the water in the storage facilities should be very high, but its use at home must be combined with cold water.
In order to calculate the consumption of hot water, it is necessary to take into account the number of people living in the house or apartment, as well as the lifestyle. The main requirement is the minimum duration of the flow of hot water from the tap. In addition, according to the current regulations (10 minutes), it is supposed to be used at several points in any quantity.
The best design today is considered to be with the help of special measuring instruments. Although this option is not possible for everyone. Only taking into account the needs of the whole family is it possible to choose the best option for hot water supply for a house, apartment or summer cottage.
As for the operation of the hot water supply system, its good result is achieved only with well-coordinated uninterrupted operation of all its components. The main factor is to obtain a quality resource that meets all the requirements. In this regard, prevention should be periodically carried out. The pipelines must be flushed. This is done after installation, then after repairs and disinfection.
Flushing can take from several minutes to several hours. The time depends on the length of the pipeline. To prevent corrosion in the process, you need a complete absence of air. For its output, special exhaust valves are used. Before the first commissioning of the hot water supply system, it is necessary to carry out a tightness and strength test. The pressure should be half a bar higher than the presumably used, but at the same time it should not exceed ten bar. The ambient temperature during such events should be at least five degrees Celsius above zero.
To extend the service life of hot water supply, it is better to check fittings, filters, heaters from time to time. There are ways to combine hot water supply. In the presence of both autonomous heating and centralized water supply, the water heater must be connected to separate outlets with shut-off valves. During the circulation of water, there should be no air in the coolant, as this can lead to the formation of an air lock, which will not allow hot water to flow, and a pipeline rupture may occur. If any malfunctions occur in the system, it is better to contact the specialists for timely identification and solution of the problem. Provided that the hot water supply system is used carefully and carefully, the likelihood of emergencies, breakdowns and failures is minimized.
Thus, when connecting a hot water supply system, you need to familiarize yourself with its varieties and understand which model is suitable for a particular apartment or house. In addition, correct installation, compliance with all operating rules and regulations, use of high-quality materials and timely prevention will help you use the selected system for many years without unpleasant and unexpected problems.
For information on the types and features of hot water supply systems, see the next video.
15.12.2014
The Department of Housing and Communal Services of the city of Moscow has published a brochure "How to understand the ENP".
Every month Muscovites get a Unified Payment Document (UPC) from their mailboxes - a receipt for payment of utility bills. The document contains all information about housing and communal services: tariffs, consumption volumes, charges, etc. It can be difficult to understand it, and Muscovites often ask questions about what this or that graph means.
What information does the ENP contain:
1
... Full name - surname, name, patronymic of the owner / responsible tenant.
2
... The address of the dwelling at which payments for housing and communal services were made.
3
... Barcode. Graphic representation of 28 digital characters. Required to pay for the ENP through electronic terminals.
4
... The month for which the ENP was formed.
5
... Payer's personal code. It is he who must be indicated when paying for utility bills in terminals, ATMs and via the Internet.
6
... Information about the managing organization: name, address, contact details.
7
... Information about the dwelling: type of property (private or state (municipal), total and dwelling area, number of registered ones (privileged categories of the population are indicated separately), the date of creation of this ENP and the date of the last payment for housing and communal services.
8
... Types of services for which accruals are made.
Applicable abbreviations:
Cold water / hot water- cold / hot water supply
Vodootv.- Water disposal (sewerage)
KPU- apartment metering device
DPU- general house metering device
Sod.and rem.zh.p.- maintenance and repair of living quarters within the social norm
Sod.and rem.zh.p. emitted pl.- maintenance and repair of living quarters (excess space)
Sod. And rem. Second lived.- maintenance and repair of residential premises (for those who have a second home or owners who are not registered in the apartment)
Heating main area- heating of the main area
Fear.- voluntary insurance
9
... Consumption volumes of housing and communal services. Each service uses its own units of measurement: water supply and water disposal cubic meters (cubic meter), maintenance and repair, social rent of housing - sq. m. (square meters), heating - Gcal (gigacalories), gas is charged based on the number of registered.
10
... Effective tariffs per service unit.
11
... The amount of charges for services (the product of column 9 by column 10.).
12
... Information on the amount of benefits for certain types of housing and communal services.
13
... Recalculation information. For example, recalculation for temporary absence and recalculation for services of inadequate quality.
14
... Accruals payable for the service, taking into account benefits and recalculation.
That is why the Department of Housing and Communal Services of the city of Moscow has issued a brochure "How to understand the Unified Payment Document", which explains in an accessible language what information is contained in the payment document, the procedure and methodology for calculating each utility service, as well as a lot of other useful information necessary for "Reading" the payment document.
The brochure will help you figure out how to correctly apply the limit indices, who has the right to social support measures for housing and communal services, and what threatens the persistent defaulters for debts on housing and communal services.
What is ENP
The unified payment document is a kind of "visiting" card of the city system of payments and charges for housing and communal services.
A single payment document is formed every month by specialists of the Multifunctional Centers for the Provision of Public Services of the City of Moscow (MFC) or state government institutions "Engineering Services" of the districts (GKU IS) and is delivered to residents by the 15th. On average, employees of the city system of settlements and charges generate about 4 million (!) Payment documents per month.
When creating a payment document, a huge database is used: addresses and names of owners and tenants of residential and non-residential premises, a list of services and their suppliers, information on social support measures, etc. All this array of information is processed by the computer program of the ACS EIRTs. Several thousand specialists are taking part in the creation of the ENP. And all so that the payment document ends up in your mailbox.
Controlling the delivery of the ENP together with residents
The city has a debugged system for monitoring the delivery time of a payment document. If the payment document is delivered later than the 15th day of the month, report it to the quality control service for the delivery of the EPD.
To leave a message about late delivery of a payment document, you must fill out the form on the website of the State Institution "Center for Coordination of the State Institution of Information Technologies" www.is.mos.ru.
ATTENTION
Some residents and management organizations decided to make payments and charges for housing and communal services on their own. Their payment documents for housing and communal services may differ from the Unified Payment Document. The information contained in the brochure and later in the article applies exclusively to the ENP.
What do we pay for
The services specified in the payment document can be conditionally divided into several parts. Housing services, these include the "Rent" service (payment for a dwelling for its tenant), and the "Maintenance and repair of housing" service. Utilities: hot and cold water supply, sewerage (sewerage), heating, gas supply. In some areas of the capital, the ENP also includes electricity. But in most cases, this utility is paid for on a separate receipt. The payment document also includes other services: locking device, radio, antenna.
Rates, prices and tariffs for housing and communal services are set by the Moscow Government. Thus, the tariffs for housing and communal services for 2014 were approved by the decree of the Moscow Government dated November 26, 2013 No. 748-PP.
The cost of services classified as "other" is determined by a civil law contract and is not regulated by the Moscow Government. Let's dwell on all the services in order.
Housing services
If the family uses the housing as a lease, then it pays for the lease, as well as the maintenance and repair of the dwelling. The rent is calculated based on the area of the dwelling and the rate set by the Moscow Government for a specific type of lease - social, commercial or lease of dwelling in non-subsidized houses.
Homeowners pay for the service "Maintenance and repair of living quarters."
The cost of the service "Maintenance and repair of residential premises" includes a fee for the management of an apartment building (MKD), maintenance and current repairs of common property, works stipulated by the MKD management agreement.
The amount of payment for the maintenance and repair of residential premises in an apartment building is determined at a general meeting of owners of premises in the house. If the owners have not decided on the amount of payment for the maintenance and repair of the dwelling, the calculation is made at the prices approved by the Moscow Government.
The Moscow government approves two types of prices for the maintenance and repair of residential premises:
- per area within the established norms(shown below), this price is subsidized by the Government of Moscow and now for most Muscovites is 17, 84 rubles. for 1 sq. m.,
- for an area exceeding the established norms... This is the actual cost of services and works for the maintenance and current repair, now for most Muscovites it is 24, 53 rub. for 1 sq.m.
The price per area, within the established norms, is applied to registered residents with a single dwelling. In the ENP this service is referred to as “sod. rem. zh.p ".
The difference between the total area of the living quarters and the area within the established area norm (in the ENP it is denoted "sod. And rem. Zl. Zl. P.") Is paid at the price for the area set in excess of the norms. For owners who are not registered in a dwelling or have a second dwelling, the accrual is made at the rates for the area set in excess of the norms for the entire dwelling (in the ENP it is denoted "sod. And rem. Second dwelling.").
For the calculation of payments for the maintenance and repair of a dwelling, the following norms are applied. For a lonely citizen - 40 sq. m. total living space, for a family of two, 56 sq. m., for a family of three or more people, 25 sq.m. total living space for each family member.
For example, in an apartment with an area of 60.3 sq. m. 2 people are registered. The established norm for a family of two is 56 sq. m. This means that the area within the established norms will be calculated at a price within the established norm, and the surplus area - 4.3 square meters. m - at the price for the area above the norms.
Utilities: water supply
The payment for water supply can be charged according to the readings of apartment metering devices, according to the readings of a house metering device or according to standards.
If you pay for the water supply service using an apartment metering device (KPU), then the following abbreviations are used in the EPD: "KhVS KPU", "GVS KPU", "Vodootv. KPU "- cold and hot water supply according to the readings of the apartment water meter, water disposal (sewerage) according to the readings of the KPU (the sum of the readings of cold and hot water supply).
The cost of water is calculated based on the volume according to the readings of the apartment metering device (KPU), multiplied by the tariff.
The payment document indicates the water consumption in the billing month according to the readings of the apartment meter. But if the readings of the CPU were not transmitted on time, they will be calculated based on the average monthly consumption for the previous 6 months.
If you pay using a home metering device (DPU), the abbreviations are indicated in the payment document: "KhVS DPU", "GVS DPU" and "Vodootv. DPU "- cold and hot water supply, water disposal according to the indications of the house water meter.
The calculation of charges for cold and hot water for apartments where no control room is installed is carried out in accordance with the decree of the Moscow Government dated 10.02.2004 No. 77-PP.
From the volume of water consumption according to the readings of the house metering device, the volumes of consumption for all apartment devices, the volume of consumption for non-residential premises (if the house has, for example, shops, a hairdresser, etc.) are deducted, and general house costs are deducted, which are determined by the readings metering device installed at the place where water is taken for general household needs. If there is no such device, then the general house-hold expenses are accepted no more than 5 percent of the consumption volume for the general house-hold device. The resulting balance is distributed among apartments without a CPU in proportion to the number of citizens living in them. At the same time, the received volume of consumption per person should not exceed two standards for the consumption of utilities.
If there are no apartment or house metering devices, charges are made according to consumption standards: 6.935 cubic meters. m. cold water per person per month, 4,745 cubic meters. m. hot water per person per month, drainage 11.68 cubic meters per person per month.
Heating and gas supply
The payment for heating residential premises in Moscow, in accordance with the decree of the Moscow Government dated 10.09.2014 No. 468-PP, is calculated based on the average monthly indicator of heat energy consumption. To calculate it, the amount of heat consumed in the previous year is taken and divided by 12 months. Then the average monthly volume consumed by the whole house is divided by the total area of the house - this is how the amount of heat that was required to heat 1 square meter of the house area is determined. The result is multiplied by the total area of the apartment and by the tariff.
At the beginning of each year, the management organization reconciles the volumes billed to the population for payment and the volumes of heat energy actually consumed in the current year. Based on the results of the reconciliation, the payment is adjusted, which is usually indicated in the payment document in the “clearing” column. It can be done both upward and downward.
In the absence of metering devices, charges are made according to consumption standards: 0.016 Gcal per 1 sq. m. total area of housing.
Gas supply is charged at the rate for each consumer living in the apartment.
Limit indices
The limiting index of changes in the size of payments for public utilities is a universal tool for monitoring charges for hot and cold water supply, sewerage, heating, and gas. A change in the size of the fee above the limit index is unacceptable and should entail an immediate response from the executive authorities to eliminate this situation.
In the capital, the limit index was approved by the Order of the Mayor of Moscow dated June 30, 2014 No. 542-RM and from November 1 to December 31, 2014 it is 6.5 percent. In this case, the maximum permissible deviation from the value of the limiting index for a specific residential premises is 3.2 percent.
Also, in the form of formulas, the Moscow Government approved the limit indices for changes in the amount of payments for utilities paid by citizens for 2015-2018.
Marginal Index = Consumer Price Index x Coefficient + 3.5%.
In this formula, the Consumer Price Index is calculated based on the forecast of the socio-economic development of the Russian Federation for the year preceding the year for which the change indices are calculated (based on the results of 9 months). The coefficient is a decreasing or increasing coefficient for the corresponding year of the long-term period, determined taking into account the forecast of the socio-economic development of Russia for this year.
How do I apply limit indices?
To determine if the increase in utility bills exceeds the marginal index, it is necessary to compare bills over two periods. The fee for any month of the current year must be divided by the fee for December last year. The resulting value should not exceed the limit index. True, for the first long-term period (from July 1 to December 2014), the selected month must be compared with June 2014.
If the change in the size of the fee exceeds the size of the established limit index, you must contact the MFC / GKU IS of the region, the managing organization for clarification. And if it was not possible to find out the objective reasons for exceeding the maximum index of utility bills, it is worth contacting the State Housing Inspectorate of the city of Moscow and the city's executive authorities.
Limit indices cannot be applied in the following cases.
1. In relation to one communal service.
Limiting indices apply to the aggregate payment for all utilities provided to a citizen. Those. it is incorrect to say that the growth of tariffs for some particular utility service has exceeded the maximum index.
2. To the total amount in the ENP.
Limit indices apply only to utilities (hot and cold water supply, sanitation, heating, gas). And in the ENP, in addition to them, accruals for housing and other services are included.
3. To utilities, if the volume of their consumption changes.
In Moscow, the majority of the population pays for utilities based on the readings of metering devices for apartment or general house. Accordingly, the amount of consumption, as a rule, is not the same every month, so the amount of the payment changes from month to month.
In addition, the increase in the number of citizens living or registered in the dwelling affects the volume of provided utilities. Some services are charged for each resident or registered: gas, and in the absence of individual water meters, cold and hot water supply, sewerage.
4. If your eligibility has changed.
The amount of the payment depends on whether the citizen has benefits for paying for housing and communal services. When calculating payments, the amount of payment for a specific service is reduced by the amount of benefits provided to him for its payment. In the event of a loss of the right to a benefit or a change in its size, the citizen's payment may also change upward and its growth will exceed the approved index.
For the convenience and simplicity of checking whether the increase in utility bills is in line with the limit indices, the Government of the Russian Federation has developed an information tool that makes it possible to make the necessary calculations online.
Currently, this information tool is posted on the websites of the executive authorities of the city of Moscow.
Who is equal to benefits?
The Moscow government provides citizens with an effective system of social support in the housing sector. At the moment, in the capital, more than 50 categories of citizens are entitled to benefits, which is significantly more than provided for by federal legislation.
Benefits are provided in the form of discounts for no more than one apartment (dwelling) based on the rates, prices and tariffs established by the Moscow Government. If the consumer is entitled to social support measures for paying for housing and communal services on two or more grounds, benefits are accrued on one of them.
