Why is even the only apartment heat meter in an apartment building a calculated one?

On July 10, the Constitutional Court of the Russian Federation issued a resolution that changed the approach to calculating fees for heat supply in an apartment building: you can pay for heating according to meter readings regardless of whether there are individual meters in all rooms of the house. But, of course, there are nuances. Find out how the utility contractor can now charge fees for heat supply to apartment buildings.

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How the payment for heat supply was calculated before the decision of the Constitutional Court of the Russian Federation

In accordance with clause 80 of the Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, the volume of resource consumed must be recorded by individual metering devices (IMU) and common house (collective) metering devices (ODPU).

From January 1, 2012, IPU and ODPU for thermal energy must be installed in new apartment buildings, and in apartment buildings after major repairs - if technically possible (Part 7, Article 13 of Federal Law No. 261-FZ of November 23, 2009).

Consumers are required to pay for the actually accepted volume of utility resources according to the meter data. If the IPU is not established, then payment is made based on the consumption standard for the utility resource (Article 544 of the Civil Code of the Russian Federation and Part 1 of Article 157 of the Housing Code of the Russian Federation).

According to clause 42(1) of the Russian Federation Regulations dated 05/06/2011 No. 354, the payment for utility services for heat supply, depending on the availability of metering devices, is calculated in three ways:

• if IPU and ODPU are not established - based on consumption standards;
• if there is an ODPU, but the IPU is not installed in all premises of the apartment building - based on the readings of the general building meter in proportion to the area of ​​each room;
• if there is ODPU and IPU in all residential and non-residential premises of the house - according to indications.

To make calculations based on meter readings, 100% of the premises in the apartment building must be equipped with them, and all IPUs must be in working order. According to clause 42(1) of the Russian Federation PP No. 354, if at least one room in an apartment building is not equipped with an individual heat meter, then the readings of other heat metering devices installed in the premises of the house are not accepted for calculations. Payment is calculated based on the readings of a common house meter in proportion to the area of ​​the premises occupied by the consumer (paragraph 3, clause 42(1) and formulas 3, 3(1), 3(2) of Appendix No. 2 to RF PP No. 354).

Commercial heat metering
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Consumption standards

1.2. Utility consumption standards

The Housing Code of the Russian Federation vests the constituent entities of the Russian Federation with the authority to establish standards for the consumption of utility services for citizens; in the Samara Region, the regulatory body is the Ministry of Energy and Housing and Communal Services.
Currently, the following utility consumption standards apply in the Samara urban district:

1.2.1.Standards for the consumption of thermal energy and hot water supply for citizens of the Samara urban district

Until July 1, 2019, standards for the consumption of thermal energy and hot water supply were in effect in the amount established by Appendix N4 to the resolution of the Head of the Samara City District dated December 18, 2007 N1153 “On payment by citizens of residential premises and utilities in the Samara City District” (Heating standards based on payment by citizens for consumed thermal energy in equal shares during the calendar year (12 months).

<*> Used to calculate payments for hot water supply and heating in residential premises not equipped with metering devices. <**> Used to calculate payments for hot water supply in residential premises equipped with metering devices.

On July 1, 2022, new standards for the consumption of utility services for heating came into force, as well as standards for the consumption of utility services for heating when using outbuildings located on a land plot, established by order of the Ministry of Energy of Housing and Communal Services of the Samara Region dated June 20, 2016 No. 131 .

CONSUMPTION STANDARDS FOR HEATING PUBLIC SERVICES

<*> Information on the value of utility consumption standards for heating services for 12 months is provided for reference. Standards for the consumption of heating utilities for 12 months are determined using the frequency coefficient for consumers to pay for heating utilities equal to 7/12.

Note. The Ministry of Socio-Demographic and Family Policy of the Samara Region, in order to provide citizens with compensation for utility heating services for the purpose of social protection of the population paying for heating services (according to the readings of a common house meter during the heating period), apply the consumption standards for utility heating services established by 7 months.

STANDARDS FOR CONSUMPTION OF PUBLIC SERVICES FOR HEATING WHEN USING OUTBOARDS LOCATED ON A LAND

<*> Information on the value of utility consumption standards for heating services for 12 months is provided for reference. Standards for the consumption of heating utilities for 12 months are determined using the frequency coefficient for consumers to pay for heating utilities equal to 7/12.

On July 1, 2022, standards for the consumption of thermal energy used to heat cold water to provide public hot water supply services in residential premises, established by order of the Ministry of Energy and Housing and Communal Services of the Samara Region dated May 16, 2017 No. 119, came into force.

STANDARDS FOR THE CONSUMPTION OF THERMAL ENERGY USED FOR HEATING COLD WATER FOR THE PROVISION OF PUBLIC SERVICES FOR HOT WATER SUPPLY IN RESIDENTIAL PREMISES (GCAL PER 1 CUBIC M) <1>, <2>

Note: <1> The average cold water temperature in the water supply network is assumed to be 9.05 °C. <2> When calculating the consumption of thermal energy used to heat cold water to provide public services for hot water supply in residential premises, a calculation method was used. <3> Including in the case of the production of public services for hot water supply using in-house engineering systems, including equipment that is part of the common property of the owners of premises in an apartment building.

1.2.2. Consumption standards for cold water supply and sanitation for citizens of the Samara urban district living in residential premises not equipped with metering devices

Until July 1, 2019, the consumption standards for cold water supply and sanitation were in effect in the amount established by Appendix N5 to the resolution of the Head of the Samara Urban District dated December 18, 2007 N1153 “On payment by citizens of residential premises and utilities in the Samara Urban District”:

On July 1, 2022, new standards for the consumption of utilities for cold water supply, hot water supply and sanitation in residential premises, approved by order of the Ministry of Energy and Housing and Communal Services of the Samara Region dated November 26, 2015 No. 447, came into force.

STANDARDS FOR CONSUMPTION OF PUBLIC SERVICES FOR COLD WATER SUPPLY, HOT WATER SUPPLY AND WATER RESIDENCE IN RESIDENTIAL PREMISES

Notes: 1. The consumption standard for utility services for wastewater disposal is equal to the sum of the standard for cold water supply and the standard for hot water supply. 2. Standards for the consumption of utility services in categories 16 and 16(1) are also applied to apartment buildings transferred from the category of dormitories, in which the design level of improvement and provision of water taps has been preserved.

1.2.3. Standards for the consumption of utilities for cold water supply when using land and outbuildings will come into effect from 01/01/2017.

Note:

In calculating the standards, the period of use of cold water for water supply is accepted:

— watering the land plot — from May 1 to August 31; — baths (saunas) — all year round; — open (indoor) summer pools of various types and designs — from June 1 to August 31; - an indoor swimming pool located in a residential building (part of a residential building), and adjoining and (or) separate outbuildings on a common plot of land with the residential building (part of a residential building) - all year round; — watering of greenhouses, greenhouses (winter gardens) for year-round use with an area of ​​more than 10 square meters. meters - all year round; — watering greenhouses, greenhouses used in the warm season, with an area of ​​more than 10 square meters. meters - from May 1 to August 31.

1.2.4. Standards for the consumption of cold (hot) water and wastewater disposal for the purpose of maintaining common property in an apartment building

In accordance with the Housing Code of the Russian Federation, Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 “On the provision of utility services to owners and users of residential premises in apartment buildings and residential buildings”, Decree of the Government of the Russian Federation dated May 23, 2003 No. 306 “On approval of the Rules for the establishment and determination standards for the consumption of utility services and standards for the consumption of utility resources for the purpose of maintaining common property in an apartment building", by Decree of the Government of the Russian Federation dated December 26, 2016 No. 1498 "On issues of providing utility services and maintaining common property in an apartment building" by Order of the Ministry of Energy and Housing and Communal Services of the Samara Region dated 05/16/2017 No. 121 approved standards for the consumption of cold (hot) water and wastewater disposal for the purpose of maintaining common property in an apartment building.

The standard for wastewater disposal for the purpose of maintaining common property in an apartment building is equal to the sum of the standard for cold water consumption and the standard for hot water consumption.

Standards for the consumption of cold (hot) water for the maintenance of common property in an apartment building

Note:

1. Type A - hot water supply system with insulated risers; type B - hot water supply system with non-insulated risers.

2. Standards for the consumption of cold (hot) water in category 2 are applied in cases of production of public services for hot water supply using in-house engineering systems, including equipment that is part of the common property of the owners of premises in an apartment building (if such equipment is available).

3. Standards for the consumption of cold (hot) water in category 6 are also applied to apartment buildings transferred from the category of dormitories, in which the design level of improvement and equipment with water dispensing devices has been preserved.

1.2.4. Standards for gas consumption by the population in the absence of gas meters

Standards for network gas consumption by the population of the city. Samara established on September 1, 2012 by Order of the Ministry of Energy and Housing and Communal Services of the Samara Region dated August 16, 2012 N195 “On approval of norms and standards for natural gas consumption by the population in the absence of gas meters”

1.2.5. Electricity utility consumption standards

In accordance with the Housing Code of the Russian Federation, Decree of the Government of the Russian Federation dated 05/06/2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings”, Decree of the Government of the Russian Federation dated 05/23/2006 N 306 “On approval of the Rules for establishing and determining standards for the consumption of utility services" Order of the Ministry of Energy and Housing and Communal Services of the Samara Region dated June 30, 2016 No. 139 established:— standards for the consumption of utility services for electricity supply in residential premises of apartment buildings and residential buildings, including apartment-type dormitories, by the population of Samara region;— standards for the consumption of utility services for electricity supply by the population of the Samara region in residential premises in apartment buildings, including apartment-type dormitories, corridor-type dormitories, hotel and sectional types;— standards for the consumption of utility resources for electricity supply for the purpose of maintaining common property in an apartment building;— standards consumption of utility services for electricity supply when using outbuildings located on a plot of land in the Samara region.

This order came into force on October 1, 2016.

STANDARDS FOR CONSUMPTION OF PUBLIC SERVICES FOR ELECTRICITY SUPPLY IN RESIDENTIAL PREMISES OF APARTMENT BUILDINGS AND RESIDENTIAL BUILDINGS, INCLUDING APARTMENT-TYPE HOSTELS BY THE POPULATION OF THE SAMARA REGION

STANDARDS FOR CONSUMPTION OF PUBLIC SERVICES FOR ELECTRICITY SUPPLY IN RESIDENTIAL PREMISES IN MULTIPLE APARTMENT BUILDINGS, INCLUDING APARTMENT-TYPE HOSTELS, CORRIDOR, HOTEL AND SECTIONAL TYPE HOSTELS

STANDARDS FOR CONSUMPTION OF COMMON RESOURCES FOR ELECTRICITY SUPPLY FOR THE PURPOSE OF MAINTENANCE OF COMMON PROPERTY IN AN APARTMENT BUILDING

———————————

STANDARDS FOR CONSUMPTION OF PUBLIC SERVICES FOR ELECTRIC SUPPLY WHEN USING OUTBOARDS LOCATED ON A LAND IN THE TERRITORY OF THE SAMARA REGION

1.2.6 Municipal solid waste (MSW) accumulation standard

Order of the Ministry of Energy and Housing and Communal Services of the Samara Region dated December 29, 2018 No. 1023 “On the approval and application of standards for the accumulation of solid municipal waste in the territory of urban districts of the Samara Region per 1 sq.m. total living area" for the Samara urban district, a standard for the accumulation of solid municipal waste on the territory of the Samara urban district per 1 sq.m. the total living area of ​​apartment and individual buildings in the amount of 0.091 cubic meters/sq.m per year.

How the case of calculating heating fees ended up in the Constitutional Court of the Russian Federation

Sergei Deminets, who lives in a 17-story apartment building built in 2015, decided to challenge this approach to calculating fees for heat supply.

All premises in the apartment building were equipped with general and individual heat energy metering devices. The fee for CG was calculated in accordance with paragraph. 4 clause 42(1) of the RF PP No. 354 - according to the testimony of the IPU and ODPU.

But in 2016, some owners of premises in the house refused to meter heat energy by dismantling the meters. The company managing the house did not take into account the testimony of the IPU of the residents of the house, who kept them in working order. The heating fee was calculated by distributing the entire volume of the resource recorded by the ODPU, according to paragraph. 3 clause 42(1) RF PP No. 354.

Payments for heat supply have increased. The owner considered that such an approach to calculations infringes on the rights of careful consumers, making them dependent on the will of their neighbors, and does not allow saving energy resources. He went to court.

The decision of the court of first instance was in favor of the management company: the court refused to recalculate the plaintiff, citing clause 42(1) of the RF PP No. 354. This decision was also supported by the regional court of appeal.

To challenge clause 42 (1) of the RF PP No. 354, on which the courts relied when making decisions, the owner appealed to the Supreme Court of the Russian Federation. He insisted that this clause of the legislative act allows residents of apartment buildings who have not kept their meters to illegally enrich themselves at the expense of their neighbors, wasting heat uncontrollably. But the RF Supreme Court refused to satisfy the claim. This decision was supported by the Appeals Board of the RF Armed Forces. The consumer filed a cassation appeal, but the court rejected it three times.

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Error No. 2: zero ODN in houses with autonomous heating in apartments

Let's consider a situation where in an apartment building there is no communal heat metering device, and all premises are equipped with autonomous heating systems in accordance with the procedure established by law. Then in the formula both values: Vi and ODN will be equal to zero.

Vi=0, because the owners do not use central heating in their premises. And ODN is equal to zero, because in the numerator Stotal (this is the area of ​​​​all rooms) minus Sindividual (this is the area of ​​​​unheated rooms) will also be zero, since all the rooms in the house are unheated.

In this case, residents of the house will not pay not only for heating in their own premises, but also for one-room heating. And this contradicts the resolution of the Constitutional Court of the Russian Federation dated December 20, 2018 No. 46-P, which states that heating of common property must always be paid for.

How the system for calculating payments for heating apartments has changed in 2022
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Why did the Constitutional Court of the Russian Federation change the approach to payments for thermal energy?

The Constitutional Court of the Russian Federation became the last resort for the stubborn owner. He confirmed the right of consumers to save heat. The resolution of the Constitutional Court of the Russian Federation dated July 10, 2018 No. 30-P/2018 contains an unambiguous position: the current approach to payments for heating does not comply with the Constitution of the Russian Federation and violates the principles of equality and justice.

The state is obliged to promote the most efficient consumption of energy resources, including through their accounting in the housing and communal services sector (Part 1 of Article 9 of the Constitution of the Russian Federation). According to paragraph 2 of the definition of the Constitutional Court of the Russian Federation dated October 10, 2017 No. 2256-O, the constitutional and legal requirements that regulate the process of consumption of communal resources by residents of apartment buildings should not contradict each other.

The Constitutional Court of the Russian Federation indicated that apartment buildings put into operation on January 1, 2012 must be equipped with meters for utility resources (including heat supply), and old houses must be equipped with them after major repairs or reconstruction, if technically possible. At the same time, owners are obliged to ensure the safety and timely replacement of installed meters (Part 7, Article 13 No. 261-FZ).

Accounting for resources consumed by residents of apartment complexes using the IPU is one of the main mechanisms that encourages consumers to rationally use communal resources. Therefore, calculating fees based on meter readings should have priority over calculation methods. Without using the readings of individual metering devices, as stated by the Constitutional Court of the Russian Federation, the effective use of thermal energy and its rational expenditure in the premises of apartment buildings is impossible.

The resolution notes that calculating heating fees without taking into account IPU readings due to the lack of meters for other consumers in apartment buildings infringes on the rights of owners who keep records of heat energy consumption. It turns out that the law allows unscrupulous residents of the house to irrationally spend a utility resource, because part of the payment for it will be attributed to other consumers in the apartment building.

Based on these conclusions, the Constitutional Court of the Russian Federation ordered the Federal Assembly of the Russian Federation and the Government of the Russian Federation to amend the legislation, eliminating its contradiction to the Constitution of the Russian Federation. Until this moment, the payment for heating premises in apartment buildings should be calculated in accordance with paragraph. 4 clause 42 (1) RF PP No. 354.

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Mistake No. 4: old formulas for houses with decentralized heating

The fourth error is identified when calculating heating fees in houses with decentralized heating and horizontal wiring, when it is possible to install an individual heat meter. According to clause 54 of RF PP No. 354, in such houses the calculation is carried out according to formula 18 of Appendix 2 of RF PP No. 354.

But this formula was not amended after the resolution of the Constitutional Court of the Russian Federation No. 30-P, therefore it does not take into account the readings of the IPU if some of the premises are equipped with them. The owner of a premises in such a house, who has installed a meter at his place, can also demand through the court that the meter readings be taken into account when calculating the heating fee.

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How to now calculate the payment for heat supply in an apartment building

Until the Federal Assembly of the Russian Federation has made changes to the legislation in accordance with the resolution of the Constitutional Court of the Russian Federation, providers of heat supply utility services must take into account the readings of serviceable IPU, regardless of the presence or absence of meters in other premises of the apartment building.

This rule applies to apartment buildings built or overhauled after January 1, 2012, where it is technically possible to install an IPU:

• For premises equipped with heat energy meters, the fee is determined based on the readings of the IPU and the readings of the ODPU according to formulas 3(3) and 3(4), given in Appendix No. 2 to RF PP No. 354.
• For owners of premises without installed meters, the payment for thermal energy is calculated based on the consumption standard and the area of ​​the apartment. The difference between the ODPU readings and the sum of the IPU readings and consumption according to the standard will be the amount of resource consumed for the maintenance of the common property of the owners in the apartment building.

Also, the Constitutional Court of the Russian Federation ruled that decisions of courts of all instances on the owner’s claim against the management company are subject to review. We will continue to monitor the high-profile case.

Connecting heat supply in an apartment building

Before organizing heat supply to non-residential premises, it is necessary to carry out a primary analysis of the characteristics of the building.

To complete this step correctly you need:

1. Select the thermal operating mode based on the purpose of the room.
2. Calculate heat supply using dimensional indicators as a basis.
3. Decide which coolant will be used.

Based on the information obtained as a result of the mentioned procedures, the method by which the room will be heated is selected.

Then everything is done like this:

1. Activities are carried out as a result of which it becomes possible to supply coolant to non-residential areas, that is, the necessary communications are supplied.
2. Do not forget that heating does not appear by itself. For everything to work, you need to conclude an agreement with heat suppliers for its supply.

Important. It is worth noting that any project of an administrative or industrial building should begin with an analysis of possible types of heating.

When assessing a room, special attention should be paid to its heat losses. If calculations show that they are too large, then you can resort to additional thermal insulation by installing it on the heated area. In this way, you can achieve a tangible effect.

Tariffs for thermal energy (capacity), JSC "Thermal Energy Investment Company"