Housing and communal services / Tariffs for housing and communal services

Shutdown (or limitation) utilities is practically the last argument in the struggle of the managing organization with the debtor. However, this tool is not used so often: it is too complex and thin. It is not entirely clear which service can be disabled and which cannot, and what should be the official procedure so that the HOA or housing cooperative is not later sued ... The Koncierge newspaper publishes an expert commentary on this issue.

Explanations by Anastasia Sokolova, Senior Associate at DOM Law Firm:

Debt for a communal apartment and disconnection: calculation according to the standard

In accordance with Article 118 of Decree of the Government of the Russian Federation No. 354 dated May 06, 2011, the contractor (UK, HOA, housing cooperative, etc.) has the right to limit or even suspend the provision of utility services to a tenant if he has arrears in paying for one utility service in the amount exceeding the amount of 3 monthly fees for it. But there are some nuances here. Firstly, the calculation is carried out according to the standards, regardless of the presence or absence of metering devices (both residential and common) for this service. Secondly, only if the debtor has not yet concluded an agreement on the repayment of his debt or has concluded, but has not fulfilled the conditions.

The procedure for disconnecting utilities in case of debt

The procedure for disabling or limiting such. First of all, the contractor must send a written warning (notice) to the consumer-debtor stating that in case of non-payment of the debt on utility bills within 30 days from the date of delivery of the notice, the provision of utility services to him may be first limited and then suspended. This notification is handed over against receipt or sent by registered mail, without fail with a description of the attachment. If during this period the debt is not extinguished, the contractor again warns about the introduction of restrictions or suspensions. Thus, this preliminary procedure lasts at least 33 days.

What utilities can be turned off?

In accordance with article 119 of the Decree, only heating and cold water supply cannot be limited or turned off. The Contractor may turn off mechanical, electrical, sanitary and other equipment located in an apartment building outside or inside the premises used by the consumer-debtor, and associated with the provision of utility services to him. That is, it is possible to suspend the supply of hot water supply, sewerage, electricity (in agreement with the resource supply organization, if payment is made directly to it).

Suspension or restriction of public services is a fairly applicable practice, there are cases when the contractor suspended water disposal by installing a plug and sealing the fan pipes, as a rule, in the event of such a restriction / suspension, the debtors paid for utilities on the same day or the next, since the water from their apartments did not leave, and they were deprived of the opportunity to use the sanitary equipment in their premises completely. There are also known cases of power outages, especially in homes equipped with electric stoves. First of all, in order to protect the contractor, it is necessary to correctly draw up a notice to the debtor, check for errors in the charges. In the event that the contractor fulfills all the conditions provided for in Decree of the Government of the Russian Federation No. 354 dated May 06, 2011, then there should be no risks.

Responsibility for unauthorized reverse connection

Of course, the debtors are trying to connect back - unauthorized. In accordance with Article 62 of Decree of the Government of the Russian Federation No. 354 dated May 06, 2011, upon detection of such a connection of the consumer's in-house equipment to in-house engineering systems, the contractor is obliged to immediately eliminate the connection and charge additional fees for the utility service. The additional charge is calculated as the product of the power of unauthorized connected equipment (for water supply and sanitation - according to bandwidth pipes) and its round-the-clock operation for the period from the date of connection (indicated in the act of identifying the connection, and the act is drawn up with the participation of a representative of the RSO) until the date of elimination by the contractor of the connection.

If the connection date cannot be determined, then the additional accrual must be made starting from the date of the previous check by the contractor, but not more than 6 months preceding the month in which an unauthorized connection was detected.

Konstantin Petrenko, CEO of the Petrenko and Partners legal center, talks about some aspects of disconnecting debtors:

How is utility bill calculated?

According to clause 118 of the Resolution: If the consumer does not fully pay for all types of utility services provided, then the contractor calculates the debt for each type of utility service separately. And if the consumer partially pays for services, including for the maintenance and repair of residential premises, then the contractor divides the payment received between all types of services indicated in the receipt in proportion to the amount of each fee indicated in the payment document. The debt, in turn, is calculated for each type of utility service based on the partially unpaid amount.

Procedure for notification for utility debts

It is very important to follow the procedure for notification of the need to repay the debt and the otherwise threatening disconnection. And also correctly calculate what and for what is turned off. Owners shouldn't have to suffer either. Let me give you an example: HOA "Dom na Kanal" (Griboedov Canal Embankment, 132) disconnected the owner of the apartment from the electricity supply due to debts for maintenance and Maintenance even though electricity was paid. The owner did not receive any notification of the disconnection. These actions of the HOA are illegal, as the Housing Inspectorate was informed about. The inspector of the latter went to this address 2 times (with a preliminary notification of the HOA inspection (according to the requirements of the law). At the time of the HOA inspection, the electricity was connected, as soon as the inspector left, it turned off.

The Housing Inspectorate did not bring the HOA to administrative responsibility, although the owner submitted documents confirming the absence of electricity in the apartment and the absence of payment arrears. At the same time, the Housing Inspectorate conducted a superficial check, in an oral conversation, the inspector explained that she would not be able to hold the HOA liable, since electricity was supplied at the time of the check. At the same time, according to the Code of Administrative Offenses of the Russian Federation, the evidence of the offense is not only the protocol on the fact of discovery, but also other documents. The actions of the Housing Inspectorate are currently being appealed.

Disabling utilities to the debtor: a few more important points

More important point. According to paragraph 122 of the Decree, actions to limit or suspend the provision of public services should not lead to damage to common property, violation of the rights and interests of consumers using other premises in this house; violation of the suitability of the premises for permanent residence. I believe that all this applies only to turning off the heating through the risers during the heating season.

In the rest, turning off cold and hot water will lead to the impossibility of using the toilet, if the debtor is a disabled person, then it is impossible to turn off such an apartment - Rospotrebnadzor and the Housing Inspectorate will punish. This is the only pitfall, otherwise, I believe that, subject to the procedure specified in the Resolution, it is necessary to disconnect from utilities, and this effective method force the owner to fulfill his duties, in addition to judicial protection.

Communications are designed to ensure the full comfort of living in a home. There are certain tariffs for the provision of services by various companies in an apartment building, which require regular and systematic payment in full. Payments must be made on a monthly basis to prevent the formation of debts.

In case of non-payment, companies have the right to limit the provision of services. Methods of dealing with non-payments have several directions, among which sewage shutdown for debts can be applied. Special technical devices are designed to eliminate debt, force residents to pay for the consumption of services, depriving them of the possibility of normal functioning of water disposal.

The unwillingness of the population to pay for services can be caused by a number of reasons, among which are low income, rising tariffs, or poor-quality, irregular operation of communication systems. Non-payment and formed debt often leads to the application of severe sanctions, including fines, penalties, seizure of property. In extreme cases, debt can have more serious consequences when eviction is applied.

Consumers must draw up an agreement with an organization that provides its services for the supply of water, gas, electricity. The document contains clear information about the service and the areas of responsibility of each of the parties. The generally accepted rules for the provision of public services are regulated in the Housing Code:

• tariffs can be set by local authorities in the absence of federal regulations;
• it is obligatory to pay monthly, until the tenth day;
• the resource-supplying organization or company regulates the tariffs in a special agreement;
• non-fulfillment of the clauses of the contract, lateness, or lack of payments allows you to impose a penalty on the debt for each overdue day, stop the supply of the resource, initiate an eviction.

Basic rules governing the provision of services

Poor quality services for the provision of electricity, sanitation, or water supply to apartments,
can become a good reason for reducing the level of payment in a proportional ratio, which must certainly be approved by the court. The form of cash or non-cash payment is also determined in the drawn up agreement between the supplier and the consumer.

Many subscribers install special meters for gas, water, electricity, allowing you to pay only for the amount consumed. Payment in this case can be made directly to the cash desk of the organization providing services. The Housing Code regulates all the basic conditions for making payments:

• special payment documentation is provided, indicating the payment term;
• non-use of the apartment for living does not exempt from non-fulfillment of obligations to pay for electricity, water, gas supply services;
• It is possible to make payments electronically.

Defaulter status

Responsibility for paying utility bills arises after the registration of ownership of the property. By making an exchange, purchase, or entering into inheritance rights, a person undertakes to pay for the services of electricity, water supply, and sanitation provided by a certain organization.

The payment regulations are prescribed in the Housing Code, regardless of the form of ownership of a municipal or privatized apartment.

The consumer becomes a non-payer from the moment of non-payment for the consumption of services within 90 days. The resulting debt for non-payment of used electricity, water, or gas is subject to urgent repayment. In the event of a complete lack of payments for six months, the defaulter begins to be considered malicious, which allows the organization to apply harsh measures and restrictions on the provision of services, even eviction. The debtor will be recognized as a person who has not made any payments, who has debts for services already provided.

Types of sanctions for non-payment

The consequences of the formed debt on utilities can bring a lot of trouble to the consumer:

• complete shutdown of electricity, gas, water supply and disposal;
• installation restriction technical devices in the sewer;
• eviction;
• fines and penalties for each day of late payments;
• penalties determined by the court.

Eviction threatens tenants living in municipal housing for persistent non-payment of utility bills, the resulting debt. In the event that the apartments are privatized, eviction may not affect such non-payers, but power outages, gas cuts, and water disposal restrictions in the form of plugs on sewer pipes are applied everywhere.

Consequences can also lead to the seizure of property with the subsequent sale at auction to pay off the debt to the organization.

Lists of non-payers living in an apartment building are compiled and maintained by managing and resource-providing organizations. Restriction of sewer work very often forces debtors to take measures to eliminate debt, with the help of full or partial payment. It is allowed to restructure debts by paying a clearly defined amount monthly.

Extenuating circumstances and reasons for non-payment

There are several good reasons that may affect the adopted sanctions against debtors. Disconnection from the sewerage and other communications, or eviction, does not threaten in the event of:

• low-income tenants of the apartment and the provision of payment benefits;
• long delay in payments wages, confirmed by a certificate from the place of work;
• the presence in the family of disabled people, pensioners, children;
• debts were formed due to a difficult financial situation in connection with the loss of work.

Extenuating circumstances allow tenants to qualify for government subsidies. During the period of its provision, all utility bills must be carefully paid, otherwise the benefits will be canceled without the right to be restored. Debt on bills can be formed as a result of non-payment by the owner of the property, the tenant, or due to incorrect charges. In the latter case, the owner of the apartment can apply to the court for recovery and correct recalculations by the organization supplying a certain service in the house.

Shutdown procedure

Limitation, or complete shutdown for debts, can be made on the basis of a three-month payment arrears. The presence or absence of metering devices does not affect the responsibility assigned.

In an apartment building, it is prohibited to limit and turn off the heating during winter period and cold water supply. Previously, it was also not allowed to limit the operation of the sewerage of an apartment for debts, on the basis that housing after the application of such measures became completely uninhabitable. To date, there has been a certain high efficiency in working with debtors, thanks to the installation of plugs in sewer drains.

The procedure for turning off gas, electricity, is carried out according to strictly established rules. Initially, the organization sends a written notice indicating the amount of the resulting debt. A month is allotted for repayment, or to restructure the debt. In the absence of any measures on the part of the malicious non-payer, the service is disabled. Just prior to the outage, the consumer receives a payment notice, which includes a three-day deadline for paying the debt and a warning about the next steps.

Sewer blocking devices

Modern sewer blocking systems do not require a visit to the debtor's apartment. Special equipment does not limit the water supply to the dwelling, allowing it to drain slowly. The comfort of living in such an apartment will be completely absent. Despite the severity of the measures taken, this method most efficient.

The Sprut, Kit, Glot, SOV systems are used as blocking of sewer drains. The device does not affect common work drainage, blocking only a certain apartment. The sewer riser is initially carefully checked and the system is installed using a camera on the equipment.

Unauthorized unblocking can lead to violations in the integrity of the sewer network, which will entail a recovery for the damage caused.

You can appeal against the actions taken to disconnect utilities in court. The basis for filing a claim may be incorrect accruals, poor-quality provision of services, failure to receive appropriate notifications. Strong evidence, taken into account by the court, may oblige the organization to complete the connection, removing all restrictions. The total debt will contain the principal debts, the cost of blocking services. Timely payment for the service provided will help to avoid unpleasant consequences.

Decree of the Government of the Russian Federation of 05/06/2011 N 354 (as amended on 02/23/2019) "On the provision of public services to owners and users of premises in apartment buildings and residential buildings" (together with the "Rules for the provision of public services ...

XI. Suspension or restriction of provision

utilities

114. When restricting the provision of a utility service, the contractor temporarily reduces the volume (quantity) of the supply of a utility resource of the corresponding type to the consumer and (or) introduces a schedule for the provision of utility services within a day.

When the provision of a utility service is suspended, the contractor temporarily stops supplying the consumer with a utility resource of the corresponding type.

In the event that the suspension of the provision of a utility service is caused by the consumer having a debt in paying for the utility service, the contractor is obliged to seal the mechanical, electrical, sanitary and other equipment located in the apartment building outside or inside the premises used by the debtor consumer and related to providing him with public services.

Suspension or restriction of the provision of public services is not a termination of the contract containing provisions on the provision of public services.

If the suspension or restriction of the provision of a communal resource in relation to non-residential premises in an apartment building is caused by the presence of a debt under an agreement with a resource supply organization or the absence of a written agreement with a resource supply organization provided for in paragraph 6 of these Rules, from a consumer whose resource-consuming equipment is connected to in-house engineering networks, the above actions to limit or suspend the provision of a communal resource are carried out by the person responsible for the maintenance of in-house engineering networks, at the request of the resource supply organization. If the resource-consuming equipment of such a consumer-debtor in a non-residential premises is connected to centralized utility networks prior to entry into an apartment building, the introduction of consumption restrictions in such non-residential premises is carried out by the resource supply organization in accordance with the legislation of the Russian Federation on water supply, sanitation, energy supply, heat supply and gas supply .

115. The contractor limits or suspends the provision of utility services without prior notice to the consumer in the event of:

a) occurrence or threat of occurrence emergency in centralized networks of engineering and technical support, through which water, heat, electricity and gas are supplied, as well as water disposal - from the moment of occurrence or threat of occurrence of such an emergency;

b) occurrence of natural disasters and (or) emergencies, as well as, if necessary, their localization and elimination of consequences - from the moment such situations arise, as well as from the moment such a need arises;

c) detection of the fact of unauthorized connection of the consumer's in-house equipment to in-house engineering systems or centralized networks of engineering and technical support - from the moment the unauthorized connection is detected;

d) the use by the consumer of household machines (instruments, equipment), the connection power of which exceeds the maximum allowable loads calculated by the contractor based on specifications intra-house engineering systems and brought to the attention of consumers - from the moment the violation is detected;

e) the executor receives an order from a body authorized to exercise state control and supervision over the compliance of in-house engineering systems and in-house equipment with established requirements, on the need to introduce a restriction or suspension of the provision of public services, including an order from an executive authority of a constituent entity of the Russian Federation authorized to exercise state control for the compliance of the quality, volume and procedure for the provision of public services with the established requirements, for the unsatisfactory condition of in-house engineering systems (for the technical condition of which the owner of the residential building is responsible) or in-house equipment that threatens an accident or poses a threat to the life and safety of citizens - from the day specified in the document the relevant authority.

116. In the cases specified in subparagraphs "a" and "b" of paragraph 115 of these Rules, the contractor is obliged, in accordance with paragraph 104 of these Rules, to register in the register the date, start (end) time and reasons for restricting or suspending the provision of public services, and also, within a day from the date of restriction or suspension of the provision of public services, inform consumers about the reasons and the expected duration of the restriction or suspension of the provision of public services.

117. The contractor limits or suspends the provision of public services, having previously notified the consumer about this, in the event of:

A) incomplete payment by the consumer of utility services in the manner and terms established by these Rules;

b) carrying out scheduled preventive repairs and maintenance of centralized utility networks and (or) in-house engineering systems related to the common property of the owners of premises in an apartment building - 10 working days after a written warning (notification) to the consumer.

118. Incomplete payment by the consumer of a utility service means that the consumer has a debt to pay for 1 utility service in an amount exceeding the sum of 2 monthly fees for the utility service, calculated on the basis of the utility consumption standard, regardless of the presence or absence of an individual or common (apartment) device accounting and tariff for the corresponding type of communal resource, effective on the day of restriction of the provision of communal services, provided that there is no agreement concluded by the consumer-debtor with the contractor on repayment of the debt and (or) if the consumer-debtor fails to comply with the terms of such an agreement.

(see text in previous edition)

If the consumer does not fully pay for all types of utility services provided by the contractor to the consumer, then the contractor calculates the consumer's debt for each type of utility service separately.

If the consumer partially pays for the utility services provided by the contractor and services for the maintenance of residential premises, then the contractor divides the fee received from the consumer between all types of utilities indicated in the payment document and the fee for the maintenance and repair of the residential premises in proportion to the amount of each fee indicated in the payment document . In this case, the contractor calculates the consumer's debt for each type of utility service based on the partially unpaid amount.

(see text in previous edition)

119. Unless otherwise established by federal laws, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation or an agreement containing provisions on the provision of public services, the contractor, in the event of incomplete payment by the consumer of public services, has the right, after a written warning (notice) to the consumer-debtor, to limit or suspend the provision such utility service in the following order:

a) the contractor sends a warning (notice) to the consumer-debtor stating that in case of non-payment of the debt on payment of utility services within 20 days from the date of delivery of the specified warning (notice) to the consumer, the provision of such utility services to him may be first limited and then suspended or in the absence of technical feasibility of imposing a restriction, it is suspended without a preliminary imposition of a restriction. A warning (notice) is delivered to the consumer by handing over to the consumer-debtor against receipt, or by sending it by registered mail (with acknowledgment of receipt), or by including the text of the corresponding warning (notice) in the payment document for paying utility bills, or by other means of notification , confirming the fact and date of its receipt by the consumer, including by sending a warning (notice) to the consumer by means of a message over the mobile radiotelephone communication network to the consumer's user equipment, a telephone call with a conversation recording, a message Email or through Personal Area consumer in the state information system housing and communal services or on the official page of the contractor in the information and telecommunications network "Internet", the transfer of voice information to the consumer over the fixed telephone network;

b) if the consumer-debtor fails to repay the debt within the period specified in the warning (notice), the contractor, if technically possible, introduces a restriction on the provision of the utility service indicated in the warning (notice);

c) in case of non-payment of the resulting debt within the period specified in the warning (notice) and in the absence of the technical possibility of imposing restrictions in accordance with subparagraph "b" of this paragraph or in case of non-payment of the resulting debt after 10 days from the date of introduction of the restriction on the provision of public services, the contractor suspends the provision such utilities, excluding heating, and in apartment buildings also excluding cold water supply.

(see text in previous edition)

120. The provision of public services is resumed within 2 calendar days from the date of elimination of the causes indicated in

Enrollment in the list of malicious non-payers of utilities occurs almost every day. Although this can be caused by various factors, the creation of a debt on the payment of electricity can lead to its shutdown. Energosbyt practices such measures as shutting down 3 months after the formation of debt. However, he cannot do this at his own discretion.

This article will discuss when, by whom and on what grounds they can turn off the light for non-payment of rent. You can also ask your questions to the specialists of the portal.

Consultations are held as usual and are free of charge for all citizens.

The legislation of the Russian Federation does not establish a debt threshold at which you can turn off the light for non-payment of rent. However, in some regions, cases were recorded when local authorities responsible for the public provision of citizens turned off an apartment for a debt of 350 rubles.

But today the practice is such that fines and tougher measures against the debtor begin after the debt has accumulated, and total amount will be equal to two monthly payments. However, this cannot cause a sudden power outage. In other words, the Management Company cannot, without a court decision, stop the supply of light to the debtor's home. This is clearly stated in the existing laws.

Government Decree No. 307 dated May 23, 06 states that Energosbyt can turn off electricity for non-payment only if the following steps are observed, which must be carried out in advance:

1. Sending a notice to the debtor that he is indebted.
2. If after 20 days the debt is not repaid, a warning is sent about the imposition of penalties in the form of limiting the supply of light. Delivery is carried out against receipt.
3. After another three days, in the absence of actions to pay the debt, the sanctions come into force. The debtor receives another notice.
4. Only after these measures can there be a power outage for non-payment of utility bills in 2019.

In cases where the above sequence has not been observed, the owner, to whom actions are directed to collect the debt, has the right to send a claim to the court for compensation for the damage caused. The Criminal Code of the Russian Federation, namely Article No. 330, qualify such actions of the managing organization as an independent settlement of the issue, on the basis of which a citizen may demand compensation for the damage that caused the blackout. For example, all the products in the refrigerators were spoiled. In addition, moral compensation can be recovered in full. By the way, if the initiator was a partnership, then the criminal code applies the same sanctions to it as to the Criminal Code. Therefore, the question is whether it is possible to turn off the light without reason or whether it has the right Management Company turn off the electricity - the answer is no.

When and who has the right to turn off the light?

Is it legal to cut off electricity for non-payment of rent? Unfortunately, this question is very popular. Let's try to understand it in detail.

The managing organization or a group of owners united in the Partnership have the right to take certain actions that will stop the irresponsible attitude of utility payers. However, do they have the right to turn off the light for non-payment? Experts say they can, but they must be guided by the following:

• The actual formation of debt is not determined by the counters of individual and general purpose, and in the presence of 3 or more monthly payments, which are equal to the average consumption.
• All punitive procedures must take place after the official notification of the service provider about the resulting debt. In this case, the delivery is carried out personally from hand to hand, and the signature of the owner is put on the notification.
• Then the owner must pay the debt in full or in part within 30 days.
• If within a calendar month there is no reaction from the debtor, then they send a second notification and after 3 days they have the right to turn off the light.

Can the HOA turn off the electricity? Independently - no, because. this qualifies as arbitrariness. If this happens, you can file a claim for illegal disconnection.

Practice shutdown procedure

Before the actions of the controlling authority reach the direct suspension of the supply of electricity, a notification is sent. This aspect is very important, because energy in housing is the most demanded service in the field of housing and communal services. In the absence of it, it is impossible to lead a normal life in an urban environment. At the same time, it should be understood that an illegal power outage can lead to irreversible consequences for a seriously ill person connected to certain equipment. Also, the company may incur additional costs because of this.

In view of this, when answering the question “Can the electricity be turned off for non-payment”, Managers and other organizations are required to send a notification when a two-month debt is formed. But, as practice shows as of 2019, the owner is given much more time than the law provides.

Important information: The notification must contain the data of the owner-debtor, namely the last name, first name and patronymic, address, personal account, debt and unpaid period. The text should contain information by what date the arrears should be repaid. Also, if the Criminal Code plans to limit the filing, this should be discussed in the notification.

Wrongful approach of housing and communal services

If the electricity was turned off for non-payment, then this should not be regarded as a punitive measure, but as a legal coercion to pay bills. Of course, it will be legal subject to the rules that govern Russian law. It should be noted that if the regulatory authorities had not done this, the economy as a whole in the country would have suffered great losses. But, despite this, power cuts must be carried out within the framework of the law. Thanks to this, even malicious deviators have the right to count on the protection and support of the state.

If the energy in the apartment was suspended without warning, then this is a serious basis for litigation.

In simple words, they cannot turn off the light just like that, otherwise the debtor makes a claim. The complaint is sent to the judicial authority on the fact of violation of the rights of the owner. Of course, on the one hand, this is absurd, but on the other hand, it makes it possible to play on the mistakes of officials and housing and communal services employees. And most importantly, with this approach, you can connect the light without paying your debts.

Correcting the situation

In cases where the Criminal Code, HOA or housing and communal services have performed all the preliminary actions flawlessly, i.e. notices were correctly issued, compliance with periods, sealing of meters, and, as a result, the energy was suspended, everything can be returned to normal. However, the defendant will also have to comply with certain rules.

Solutions in 2019:

1. Pay bills if you have a debt. With severe financial condition, it is recommended to visit the office of the organization supplying electricity, write an application for the need to provide installments. Russian Federation, or rather, the laws in force on it provide that they cannot refuse.
2. Upon approval of the installment plan, you should take certified documents and go to an appointment with the director of the Criminal Code. On the spot, the agreed amount is paid on account of the debt. It is possible to deposit no more than 1,000 rubles.
3. Then wait for the electrician. The date of arrival is agreed in advance. The specialist removes the seal and connects the housing to electricity.

Lawfulness of the actions of the authorities local government must be documented. If an act or a court decision has not been presented, a complaint should be written to the prosecutor's office.

Turn off the light in the apartment with a small child

The electricity was turned off for non-payment of housing and communal services, what should I do if there is a small child in the apartment ?! Experts comment on this issue in this way.

When establishing the fact that the homeowner is accumulating debt, the supplier has the right to limit the supply of light until the debt is fully repaid. But such steps are taken after the organization files a lawsuit and an appropriate decision is received. Also, he cannot break the contract without sending a letter about it. If these documents were not sent to the defaulter, then the lawsuit will not even be started. All actions to stop power supply without a court decision are illegal.

Another serious restriction for unauthorized events is the presence (registration, residence) in the apartment of a child who has not reached the age of majority. Also, if Energosbyt or the UK still turned off the light, and this led to consequences for the health and life of the baby, then in court this will be considered as harm and responsible persons will face administrative penalties. In addition, the landlord may receive moral compensation.

Can they turn off electricity for non-payment - we gave a detailed answer to this question.

However, if you still have questions, or the life situation does not quite fit the information provided, you can contact our lawyers for a free consultation.

Valery Isaev

Valery Isaev graduated from the Moscow State Law Institute. Over the years of work in the legal field, he has handled many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.

The problem of abuse of the right to use communal services is quite acute for both managing organizations and resource providers.

Considerable difficulties are caused by determining the approach to stimulating debtors to pay for the resources consumed: the organization providing the service has the opportunity to go to court in order to restore its violated rights, but it is not always possible to receive payment in judicial order.
The legislator provided for the possibility of limiting or terminating the provision of public services, with some exceptions, while until September 1, 2012, sanitation was among the "inviolable" services.
Currently, there is no direct ban on limiting or stopping water disposal in case of non-payment for services for its provision.
This situation allowed law enforcers - managing organizations with the help of special technical means limit water disposal in the apartments of individual consumers. Moreover, companies have appeared on the housing and communal services market offering their services for installing so-called plugs in debtors' apartments.
Can this method affect the rights and legitimate interests of other owners of the house, how the installation of "stubs" is assessed by the supervisory authorities and what is the position of the judiciary on this issue, we will consider in this article.

LEGAL ANALYSIS

The general basis for the suspension or disconnection of sewerage services is provided for in paragraph 8 of part 3 of Art. 21 federal law"On water supply and sanitation" - if the subscriber has a debt to pay for the drainage agreement for two billing periods established by this agreement, or more, the organization providing this service has the right to stop or limit the water disposal, having previously notified at least one day before the planned termination or subscriber restrictions, authorities local government settlements, urban districts, territorial body of the federal executive body exercising federal state sanitary and epidemiological supervision, as well as structural units territorial bodies of the federal executive body authorized to solve problems in the field of fire safety.
However special conditions are installed for apartment buildings, taking into account their special legal status and specific use of the property. According to paragraph 122 of the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings (approved by Decree of the Government of the Russian Federation of 06.05.2011 N 354), actions to limit or suspend the provision of public services should not lead to a violation of the established requirements for the suitability of residential premises for permanent residence of citizens.
According to paragraphs. "a" clause 117 of these Rules, managing organization limits or suspends the provision of utility services, having previously notified the consumer about this, in case of incomplete payment by the consumer of utility services 30 days after the written warning (notice) of the consumer in the prescribed manner.
At the same time, in accordance with paragraph 12 of the Regulations on the recognition of premises as residential premises, residential premises unfit for habitation and apartment building emergency and subject to demolition or reconstruction (approved by Decree of the Government of the Russian Federation of January 28, 2006 N 47), the dwelling must be provided with engineering systems, including drainage systems, which, according to clause 14 of the same Regulation, must comply with the requirements of sanitary - epidemiological safety. Such requirements are established by SP 30.13330.2012 "Internal water supply and sewerage of buildings", SanPiN 2.1.2.2645-10 "Sanitary and epidemiological requirements for living conditions in residential buildings and premises" and other legal acts.
By virtue of par. "e" clause 11 of the Rules for the maintenance of common property in an apartment building, the maintenance of common property includes the collection and removal of solid and liquid household waste, violation of the rules in accordance with clause 39 of the Rules is carried out by state control.
The possibility of state control, first of all, influenced the formation of judicial practice on the legality of restricting sewerage, since debtors, as a rule, are not inclined to defend their interests in court.
Resolution of the Thirteenth Arbitration Court of Appeal dated January 20, 2015 in case N A56-19200 / 2014:
The housing and construction cooperative has implemented a restriction of water disposal, since the owners of individual apartments in an apartment building for a long time did not pay off their utility bills, the equipment was installed directly on individual risers of debtors. As a result of these actions, individual apartments were completely disconnected from the sewerage system.
Based on the results of an unscheduled inspection, an order from the State Housing Inspectorate was sent to the cooperative, stating that the cooperative had deliberately interfered with the general sanitary equipment of an apartment building, establishing optional equipment, not provided for by its project and the Rules and Regulations for the maintenance of housing, the Housing Code of the Russian Federation and clause 1.6 of the Rules and Regulations technical operation housing stock.
The cooperative applied to Court of Arbitration Petersburg and the Leningrad region with a statement to invalidate the prescription.
The court rejected the claim on the following grounds:
1) firstly, the cooperative had to separately calculate the debt for each type of utility services and, before limiting any of them, send a notification demanding to pay off the existing debt (paragraph 118 of Rules N 354). In violation of this requirement, the cooperative claims against debtors indicate the total debt, and not the debt for this type of service;
2) secondly, the court indicated that the engineering systems located in residential premises, as well as those that are part of the common property of the owners of premises in an apartment building, must comply with the requirements of sanitary and epidemiological safety.
In accordance with clause 9.2 of SanPiN 2.1.2.2645-10, when operating residential premises, it is required to take timely measures to eliminate malfunctions of engineering and other equipment located in the residential premises (water supply, sewerage, ventilation, heating, garbage disposal, elevator facilities and others) that violate sanitary and hygienic living conditions.
Thus, the deliberate shutdown of the sewerage system as a result of the work carried out by the cooperative to install "plugs" makes the dwelling unsuitable for habitation and does not meet the standards of sanitary and epidemiological safety.
The assessment of the degree of interference in the common property and the legality of the restriction of diversion itself were studied in the Resolution of the Thirteenth Arbitration Court of Appeal dated February 5, 2015 in case N A56-27564 / 2014 (the plot is similar to the previous case).
The Court concludes that the current Rules N 354, subject to a certain procedure, allow for the possibility of restricting and suspending utility services in apartment buildings by the contractor, with the exception of utility services - heating and cold water supply; do not allow the adoption of enforcement measures without warning (notification) of the debtor.
The court found that, according to the conclusion of the specialists of the center forensic examination, the actions of the cooperative for the installation of a set of equipment for restricting water discharge to the engineering systems of an apartment building do not change the parameters of the residential building and its engineering equipment and are not a reconstruction or reorganization of the common property of a residential building; do not lead to damage to the personal property of the defaulter; the technologies used limit water disposal and do not lead to the termination of the provision of public services - water disposal.
At the same time, the notifications sent to the debtor indicated the total amount of arrears in payment of utilities, expenses for the maintenance of common property and additional services, while the basis for disabling (restricting) a particular type of utility service is incomplete payment for this particular type of utility service.
Thus, it is necessary to notify the debtor about the disconnection of a particular utility service, indicating the debt for this utility service.
A similar logic is present in the Appellate ruling of the St. Petersburg City Court dated December 1, 2014 N 33-19111 / 2014.
The plaintiff filed a lawsuit against the HOA for compensation for non-pecuniary damage caused by a violation of the rules for the provision of public services, since in the sewer drain from the plaintiff's apartment due to debt on utility bills a locking device is installed to limit the drainage.
The court, after analyzing the provisions of Rules N 354, found that the contractor providing utility services to residents of an apartment building has the right to limit the provision of these services to residents of a separate apartment if they have a significant debt in paying for the relevant services in the manner established by these Rules, with the obligatory observance of the notification procedure .
The notification procedure is as follows:
the executor in writing sends a warning (notice) to the consumer-debtor stating that in case of non-payment of the debt for payment of utility services within 30 days from the date of transfer of the specified warning (notice) to the consumer, the provision of such utility services to him may be first limited and then suspended or in the absence of technical feasibility of imposing the restriction, suspended without prior imposition of the restriction. A warning (notice) is brought to the attention of the consumer by handing it to him against receipt or sending it by registered mail (with a description of the attachment) (paragraphs "a");
if the consumer-debtor fails to repay the debt within the period specified in the warning (notice), the contractor, if technically possible, introduces a restriction on the provision of the utility service specified in the warning (notice) with a preliminary (3 days) written notice to the consumer-debtor by handing him a notice against receipt ( pp. "b");
in the absence of the technical possibility of introducing a restriction in accordance with subparagraph "b" of paragraph 119 or in case of non-payment of the resulting debt and after 30 days from the date of introduction of a restriction on the provision of public services, the contractor suspends the provision of such public services, with the exception of heating, and in apartment buildings also with the exception of cold water supply - with a preliminary (3 days) written notice to the consumer-debtor by handing him a notice against receipt (item "c").
The court concluded that the limitation of drainage in the plaintiff's apartment was made in violation of the procedure established by the Rules for the provision of public services, namely, the plaintiff was not notified in advance (3 days in advance) by written notice by delivery against receipt.
Thus, a notice of restriction or termination of the provision of public services must be handed over against receipt, or in case of refusal to receive a notification, such a refusal must be certified by an appropriate act.
At the same time, the court cited the Law on the Protection of Consumer Rights as a justification for the claim for compensation for non-pecuniary damage.
In this connection, a person to whom water disposal is limited in violation of the procedure established by law has the right to demand compensation for moral damage.

CONCLUSION

Restriction of water disposal as one of the types of public services is provided for by the current legislation. One of the main requirements for the restriction procedure is the proper notification of the debtor about the disconnection - within the time period established by the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, with the obligatory indication of the debt for this utility service, with delivery of the notice to the debtor against signature or subject to the preparation of the relevant act.
Please note that the installation of technical means limiting drainage, according to separate court decisions, can be carried out only in communication areas that are not related to common property, but also without damaging individual property, i.e. debtor's property.
As we noted, arbitrage practice indicates that if the cessation of the sewerage system makes the dwelling unsuitable for habitation and does not meet the standards of sanitary and epidemiological safety, the actions to stop the sewerage can be declared illegal.
At the same time, the courts recognize restrictions on the provision of communal services as complying with the law, which means not a complete cessation of water disposal.
It should also be noted that if the illegality of the termination or restriction of water disposal is established, the person affected by these actions may demand compensation for moral damage.
The issue of imposing on the debtor the costs of installing and dismantling devices to restrict drainage remains open, since the legislation does not directly provide for this, however, with regard to the termination and resumption of the provision of other types of public services, the costs of their termination and renewal are borne by the debtor (subject to the legality of the actions service provider). It seems that this issue can be resolved with further development of judicial practice.
A debatable issue is also the legitimacy of restricting drainage in the light of the requirements established for domestic sewage systems. technical regulations, which establish the permissible diameters of pipes, features of structural elements, etc., at the same time, the compliance of sewer systems with these Rules was not the subject of a study by the courts, in connection with which one can expect changes in approaches when determining the legality of restricting drainage.
In conclusion, I would like to express the opinion that filing claims against debtors in court is much less risky for organizations providing utility services, both in terms of respecting the rights and legitimate interests of other residents of an apartment building, and in terms of the absence of possible risks from claims of supervisory authorities. authorities and debtors themselves.