Temporary power outages are not always associated with an accident or the presence of debt for non-payment. From time to time, grid organizations carry out planned restrictions on the supply of electricity to carry out various preventive maintenance work. At the same time, they must adhere to certain rules that provide for mandatory notification of residents about the upcoming blackout, as well as drawing up an appropriate schedule.
What is it: definition and regulatory framework
In the general understanding, the concept of “scheduled blackout” means the implementation by the resource supply organization of various preventive and repair work, during which the following activities can be carried out:
- replacement of wires and supports on overhead lines;
- carrying out repair work or updating equipment and transformers;
- construction of new substations;
- pruning tree branches that periodically cause lines to break;
- dismantling and re-installation of cables, etc.
The work is directly aimed at minimizing the risk of emergency power outages and is indispensable for ensuring the normal operation of electrical networks.
The main regulations governing the procedure for planned power outages are:
- Decree of the Government of the Russian Federation of May 4, 2012 No. 442 (section III). Thus, according to clause 2 of Section I, one of the reasons why electricity consumption may be limited is the carrying out of repairs at electrical grid facilities.
- Decree of the Government of the Russian Federation of May 6, 2011 No. 354 (section XI).
Do they have the right to turn off electricity for non-payment in 2021?
Management companies that provide the corresponding service can turn off electricity for late payments. Disabling this is generally legal only after a number of actions have been taken. A simple owner needs to know their sequence in order to eliminate the arbitrariness of the management company and protect their interests.
Are organizations required to notify consumers about upcoming power outages?
Clause 30 of Section III of Government Decree No. 442 of the Russian Federation states that consumers (owners of houses and apartments) must be notified of the upcoming planned interruption of electricity supply. Moreover, the network organization can do this directly (in one of the ways specified in the contract) or through the supplier of this utility service, that is, through the energy supply company.
According to paragraphs. b) clause 117 of section XI of the Decree of the Government of the Russian Federation No. 354, in the case of planned preventive work, residents of apartment buildings and private households are required to notify about the upcoming event at least 10 days in advance . However, specific methods of sending a notification are not defined in the current legislation. However, the most common include:
- placing an appropriate announcement in the entrance of the house;
- notification via SMS or email;
- publishing a message about a power outage on the website of a resource supplying organization or utility data provider;
- automatic calls to the telephones of electricity consumers.
Announcement due to temporary power outage
Under the current legislation, an official sample of a notification about an upcoming power outage has not been approved. At the same time, regardless of the method of sending, the announcement of a temporary interruption in the supply of electricity must include the following main points:
- address to residents (usually written as follows: “Dear citizens”);
- the reason for interrupting the supply of electricity;
- schedule: the exact date of the power outage and the period of time during which it will be absent (for example, from 13.00 to 17.00);
- a polite apology for any inconvenience caused;
- name and contacts of the network or energy supply organization.
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If the resource supplying organization begins to carry out scheduled work without prior notice to the owners of apartments and private households, the latter have the right to write a corresponding complaint to Rospotrebnadzor, since this is a direct violation of their rights as consumers of this utility service (what to do in the event of an illegal power outage?) .
Legislation regarding the need to provide notice
The importance of power supply is such that many facilities cannot be de-energized, as this will lead to catastrophic consequences. However, electricians take this fact into account only in relation to large industries. When it comes to individuals, the legal order is often not even followed, including the lack of notification of the suspension of the supply of light.
At the state level, in order to regulate legal relations between the supplier and the consumer, PP No. 442 was issued in May 2012. The document contains clear descriptions of the procedure for completely or partially stopping the supply of electric current.
In addition, the provisions describe cases when it is impossible to disconnect housing from the resource and within what time frame the RSO must notify the owner of the planned actions. As a rule, such measures are dictated by the formation of debt for payment for electricity consumption.
An additional legislative act regulating the relationship between the RSO and the owner of an apartment in an apartment building is PP No. 354.
Schedule: information and placement
A planned power outage is preceded by drawing up an exact schedule, which details where and when repair and maintenance work is planned to be carried out.
As a rule, this document is drawn up at the end of the year for each month of the upcoming reporting period. Moreover, its preparation is carried out by employees of the network organization that provides electricity supply services to the population (where to go if the power is turned off?).
According to the general rules, the schedule of planned power outages indicates the following information:
- exact dates of planned maintenance and repair work (month, date);
- time of power outage;
- category of subscribers (for example, residential buildings, shops, etc.);
- addresses;
- contact numbers of utility consumers.
Below is a sample schedule of planned power outages:
Many network organizations publish blackout schedules for the coming year on their official website, since this information should also be brought to the attention of citizens.
Legislation
The methodology for actions of utility companies in relation to non-payers is approved by Decree of the Government of the Russian Federation No. 354 of 05/06/11. Paragraph 119 of the instructions describes the data that must be contained in the notification. In addition, a letter is made an official document by:
- signature of the head of the electricity supply organization;
- seal of the organization;
- message registration details.
Attention: the absence of official details minimizes the legal force of the letter.
Download for viewing and printing: Decree of the Government of the Russian Federation dated 6.05.11 N 354 On the provision of utility services to owners and users of premises in apartment buildings and residential buildings
Article 153 of the Housing Code of the Russian Federation “Obligation to pay for residential premises and utilities”
Clause 118 Decree of the Government of the Russian Federation of May 6, 2011 N 354
How and where can I find out if there will be power outages?
There are quite a lot of different ways to independently find out about upcoming power outages related to repair and maintenance work. The entire set of these options can be divided into two main types:
- offline methods;
- obtaining information via the Internet, that is, online.
Offline
If the consumer, for certain reasons, did not receive a notification about the upcoming blackout or missed it (for example, if subscribers were called), then you can use the following offline methods to obtain such information:
- call the management company (housing association, housing and communal services, etc.);
- look through your mailbox at the entrance (sometimes flyers are placed there with information about the upcoming planned power outage);
- contact the network organization directly by phone;
- look at the advertisements posted at the entrance (usually they are posted on the ground floor or at the entrance to an apartment building).
We talked about which numbers to call if the power goes out in this article.
Transfer methods
A power outage warning is an official document.
It is often used in court. In addition, the law requires it to be delivered to the dishonest consumer in person. Therefore, the electricity supplier must have proof of the event. The methods of delivering paper to the defaulter are as follows:
- personally against signature (the employee will bring it home to the citizen or to the office of the entrepreneur);
- by post with acknowledgment of delivery;
- a telephone call with a recording of the conversation;
- by electronic message through the state housing and communal services system.
Attention: if a citizen does not want to accept the warning, the electricity supplier is obliged to send it again.
Is it possible to connect yourself?
A situation where a consumer tries to illegally connect a cut-off light is considered a crime and entails liability up to and including criminal liability.
It happens that, having paid the debt, the subscriber independently restores the supply of the resource. It is important to understand that this is illegal. Such specific activities should be carried out by professionals, since responsibility for the consequences falls on the performer. Incorrect manipulations can harm the common property and neighbors’ own property, as well as the health of the former debtor. All consequences will be his fault and he will have to pay the costs.
Therefore, you need to write an application to the utility service, attach documents about payment of the debt and electrician services, and wait for the power to be officially restored.
Sources
- https://PravPotrebitel.ru/zhkh/poryadok-otklyucheniya-elektroenergii-za-neuplatu.html
- https://YurPortal.info/dolgi/mogut-li-otklyuchit-svet-za-neuplatu/
- https://SocPrav.ru/otklyuchenie-elektroenergii-za-neuplatu
- https://neuristu.ru/zhkh/otklyuchili-svet-za-neuplatu-imeyut-li-pravo-chto-delat-kak-podklyuchit-chto-esli-est-rebenok.html
- https://samelectrik.ru/chto-delat-esli-otklyuchili-elektroenergiyu-za-zadolzhennost.html
- https://PoPravu.club/uchrezhdeniya/zhkh/otklyuchili-svet-za-neuplatu.html
- https://PotrebPrav.ru/zhkh/otklyuchenie-sveta-za-neuplatu
- https://sud.guru/zhkh/otkljuchenie-jelektrojenergii-za-neuplatu-kommunalnyh-uslug.html
- https://ZKHinfo.ru/kommunalnye-uslugi/otklyuchili-svet-za-neuplatu
- https://zen.yandex.ru/media/id/5adeba2279885eadd65addce/5cab36a3084e0800aff62cc7
Penalty
The terms of the contract may provide for the accrual of penalties for late payment or systematic lack of payment. This provision does not contradict the legislation of the Russian Federation, therefore it can be freely applied by the management company. In the standard case, penalties are calculated as follows depending on the time of delay:
- 1/300 of the refinancing rate of the Central Bank of the Russian Federation, if the delay is less than 90 days;
- 1/130 if the period of non-payment is 91 days longer.
Please note that penalties are charged for each day of delay.
If you allow the established time period for paying for electricity to be significantly exceeded, a significant amount of penalties may accumulate.
Penalties provided for by law
Disabling is usually a last resort measure against a negligent owner. Before resorting to this measure, the management company usually tries to influence the situation in other ways. Among the sanctions that apply to defaulters are the following:
- penalties. They are calculated depending on the amount of debt and the period of overdue;
- fines. They can be charged according to the terms of the agreement with the management company, which is concluded for the maintenance of the owner’s apartment, including the provision of electricity.
If none of these methods work, then the final attempt to collect the debt may be to disconnect from the network.
Illegal grounds for disconnection
In addition to scheduled inspections, there are situations when the lack of electricity violates the rights of citizens and requires contacting various authorities designed to resolve the conflict:
- There is no light for more than 24 hours even if a scheduled check is carried out.
- The supplier limited the supply without specifying the reason.
- The limit exceeds 72 hours per year.
- Disconnection for non-payment of less than three months' payment for electricity.
- Disconnection for non-payment without prior warning to the debtor by an official letter with the latter’s confirming signature.
What you should never do
Connect the electricity yourself in the panel.
This is very dangerous, especially if you do not have special education. Severe electric shock can cause death. Even if you can connect the electricity yourself, it will be easily detected. Such actions are called arbitrariness and are punishable administratively - in addition to the debt, you will also have to pay a fine.
Connect the jumper to your neighbor's outlet.
In panel houses, the wiring is arranged in such a way that the sockets in neighboring apartments are installed opposite each other, and there is a void between them. Some people reach an agreement with their neighbor, remove the socket and install a jumper between their point of consumption and the neighbor's. This is also illegal and punishable by a fine, and can also lead to electric shock.
Remove the seal from the meter.
If an electrician has installed a seal on the meter, it must not be damaged. Otherwise, even after paying the debt, you may be “attributed” to illegal consumption of electricity. In addition to the debt, you will have to pay for those kilowatts that are calculated for consumption according to the standard. In addition, a fine is also possible.
What can you do if you really need electricity before you pay off your debt?
Use a generator.
If you live in a private house, cottage, country house or other separate building, the electricity may also be turned off. If you really need light, buy a generator - it will generate the necessary energy. If you buy a powerful enough device, its energy will be enough to provide lighting and operate all necessary appliances: refrigerator, electric stove, TV, computer, and so on.
Connect the extension cord.
If you need light right here and now, try to negotiate with your neighbor and connect an extension cord to the outlet in his apartment or house. Take the part with the sockets for yourself. This way you can at least charge your phone, connect a small lamp, or work on your computer. But don’t forget to compensate your neighbor for the electricity spent. This connection method is not prohibited by law.
Install a solar battery.
This option is also suitable for those who live in their own home. You can simply install a solar panel: it will convert UV rays into electricity. The amount of energy directly depends on the climate in your region: the more often the sun shines, the more electricity you can use. If there are always clouds, there may not be enough energy. But then you can save money if you use both a solar battery and a standard network.
