Power outages for non-payment: law and order in 2021

Electricity in the 21st century is an attribute of a comfortable human life. Electricity powers household appliances, gadgets, and equipment, so its absence for a person becomes a phenomenon equivalent to a disaster. You have to pay for the use of these benefits, because otherwise there is a risk of being disconnected from the power grid, and therefore from civilization.

For a week of non-payment, the network organization will not take such drastic measures, but if you neglect the obligation to pay for a long time, then shutdown cannot be avoided. There is a core of legal acts that regulate the housing and communal services sector. The main requirement for implementing organizations (suppliers) is high-quality and uninterrupted supply of energy. In turn, apartment owners (consumers of the service) must pay for the supplied electricity on time and in full.

Resource supply organizations cannot refuse to provide electricity without compelling reasons, but for debts they have every right to limit and even suspend the supply of electricity to the debtor.

Law on power outages for non-payment in 2021

In the housing and communal services sector, there are a number of regulations according to which utility services must be provided to the population uninterruptedly and with high quality. In turn, homeowners – consumers of services – are obliged to pay for them in a timely manner and in full.

Supply organizations cannot refuse to supply resources necessary for the lives of citizens (water, gas, electricity) without compelling reasons. But the legislator has determined cases when they have the right to limit or stop their supply.

The service provider is a party to the electricity supply contract.

The supplier of electricity to apartment buildings and private buildings is the energy supply organization with which an agreement has been concluded for the supply of the resource.

Most often, contracts for apartment buildings are concluded by management companies, and for private houses - directly by consumers.

At what amount of debt is the supply of electricity limited?

General issues of energy supply under an energy supply agreement are regulated by the Civil Code of the Russian Federation. This regulatory act says that it is possible to limit or completely stop the supply of energy for non-payment, but only with prior warning and in relation to subscribers - legal entities (Part 2 of Article 546 of the Civil Code). It turns out that the resource supply organization (RO) cannot influence defaulting citizens in such a radical way.

However, in the field of electricity supply there are special by-laws approved by the Government: Resolution No. 354 and Resolution No. 442.

They directly regulate the ability of the contractor to provide services for the supply of electricity (this can be not only the RO, but also the management company (MC) of the apartment building, which is an intermediary between the residents of the building and the RO). These documents contain information about in which cases a restriction or complete cessation of electricity supply is applied when an individual is in arrears in payment.

Resolution No. 354 does not say what specific amount of debt will entail a consumer's power outage. The concept of “incomplete payment of utility services” appears there.

Incomplete payment of utility services - a debt to pay for electricity for a period exceeding 2 months. Moreover, the amount of payment for electricity per month in this case is calculated according to electricity consumption standards, which are established separately for each region of Russia annually.

The presence of metering devices does not affect the procedure for calculating the amount of debt. Let's try to calculate at what amount of debt the executor can limit or stop supplying an apartment with electricity in Moscow in 2021 for a family of three. The calculation shows data without taking into account the accrual of penalties.

To calculate this amount you need:

Number of residents in the apartment x Regional standard for electricity consumption x Tariff for 1 kW/h (also set by the region) x 2 (months in which they did not pay).

The consumption standard per person in a house with an electric stove in Moscow is 80 kW (50 kW if there is a gas stove). The tariff for 1 kW/h is 3.89 rubles. Amount of debt for Moscow = 3 x 80 kW x 3.89 x 2 = 1867.2 rubles.

The consumption standard is usually set by the regional executive body (Government), and tariffs can be easily found on the official website of your city's Energosbyt.

In practice, resource providers are more loyal and try for a long time and patiently to “reason” with the consumer to pay the debt and start paying regularly. This can last for years. A willful defaulter will use electricity for free, despite the fact that the amount of his debt can reach five figures and even six figures.

Reasons for turning off the lights for non-payment of utilities

Unauthorized shutdown of electricity by the service provider is an illegal act. The legislation strictly defines cases and grounds for stopping the supply of light, which can be grouped as follows:

The occurrence of cases beyond the control of the consumer. This may include:

• planned preventive measures carried out on networks;
• accident elimination;
• breaks in power supply lines due to natural disasters, emergencies, etc.

Occurrence of cases depending on the consumer:

• refusal to pay for the consumed resource and the occurrence of debt;
• improper use of devices, which can lead to emergency situations;
• unauthorized connection;
• connecting electrical appliances exceeding the maximum permissible power;
• any violation of the contract.

Most often, a shutdown or suspension of electricity supply to an apartment or house occurs due to accumulated debt. At the same time, the service provider has the right to turn off the lights if there is a debt for consumed electricity, if the payment has not been paid for more than two months (clause 118 of PP No. 354) .

This norm is enshrined in legislation and cannot be changed by the contractor independently.

— Can electricity be turned off for non-payment without a court decision?

Yes they can! To turn off electricity, you do not need a court decision, but only need to notify the defaulter on time and follow the procedure for turning off the lights.

Reasons for disconnection

The second appendix 442 of the resolution clearly sets out for us the grounds that, according to the law, are the reason for a complete or partial shutdown of electricity:

• the agreement that was concluded between the energy sales company and the consumer;
• failure by the consumer to fulfill his obligations (for non-payment, for lack of agreement on the supply of electricity, for illegal connection to the power line);
• by order of Rospotrebnadzor (if it is determined that the power-receiving equipment does not meet safety standards);
• as a result of eliminating emergency situations - in this case, the lights are turned off without prior notice. The most that can be expected is announcements in the media immediately before the shutdown or even after;
• Carrying out scheduled maintenance or repair work at electrical utility facilities (according to the law, this procedure must be planned in advance and cannot be more than 72 hours per year and no more than 24 hours at a time).

These are the main reasons for legal shutdown of electricity, both for legal entities and individuals.

Otherwise, leaving you without light is punishable by law. You have the right to file a complaint. In this case, it is necessary to draw up an act on illegal power outage.

Procedure for turning off electricity for non-payment of utilities

Art. 119 in Resolution No. 354 provides for a strict procedure for cutting off electricity in case of non-payment within 20 days. Therefore, the performer must adhere to the procedure in order for the actions to be recognized as legal. At the slightest non-compliance, the consumer has the right to file a complaint against the actions of the contractor to the supervisory authorities or court. If the actions are found illegal, the performer will be required to pay a fine.

How to write a complaint against the Criminal Code?

Sample complaint against Energosbyt to the prosecutor's office for illegal blackouts

Before disconnecting, a notification must be sent to the defaulter by any of the following methods:

• delivery in person against signature;
• by registered letter with notification, and the fact of receipt will be reflected in the notification.

The debtor is then given 20 days, during which the debtor is obliged to repay the debt.

If payments are not received, at the end of the established period, a restriction on electricity consumption is introduced for 10 days. Then it is turned off.

If limited supply of light is not possible, electricity will be turned off after 30 days of non-payment. In this case, harm to everyone living in the house must be excluded, and damage to common property must also be prohibited.

At the moment of termination or limitation of the supply of a resource, an official document is drawn up - a power outage act, which indicates:

• date of actions taken;
• consumer data;
• address of the housing being disconnected;
• how the shutdown was made;
• meter readings indicating its number;
• grounds for stopping or limiting the supply of electricity;
• shutdown period.

An act is drawn up in three copies and after signing, one of them is handed over to the consumer.

Responsibilities of residents in accordance with the Housing Code of the Russian Federation

The Housing Code of the Russian Federation contains provisions according to which citizens are obliged to pay funds for the maintenance of housing. These responsibilities primarily include paying for utilities.

In accordance with Art. 153 of the RF Housing Code should do this:

• owners of a housing cooperative;
• developers before transferring ownership of real estate;
• owners of apartments and houses;
• legal entities that rent municipal and government premises;
• citizens who have entered into a social tenancy agreement.

Both state and municipal authorities are required to make payments.

Where to go to connect electricity

You can apply for restoration of power supply only after the debt has been fully repaid. Alternatively, it is possible to reach an agreement with the contractor to provide payment in installments. Connecting the light is a service that you will have to pay for.

To connect the light back you need:

1. Contact the service organization (for example, OEC), you can find it in the receipt.
2. Pay for the service of restoring electricity, costing about 600-800 rubles.
3. Within 2 days, an electrician must come and remove the seal (ab. 9, clause 120 of PP No. 354).

When can the lights be turned off by law?

Each housing and communal services provider of electricity has every right to suspend the supply of a number of services.

This is provided for by the Decree of the Government of the Russian Federation dated 06/05/2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.”

This law recognizes the lawful shutdown of lights in the following cases:

• use of utilities without concluding a contract;
• payment arrears;
• threat to the lives of citizens or an unforeseen accident;
• carrying out preventive work;
• natural disasters and cataclysms.

In all these situations, housing and communal services can legally cut off the supply of electricity.

Under what debt can electricity supply be suspended?

Currently, it is illegal to exceed the debt in the amount of 2 outstanding rents . Housing and communal services workers regularly post lists of debtors in their department and on the information stand in front of the entrance. This happens even before a notification is issued to the citizen.

Now it is impossible to pay off the debt in parts and divide it into several amounts. The debt must be repaid immediately upon receipt of the first notification from the supplier. If a citizen is unable to regularly pay for utilities due to a difficult financial situation, the housing and communal services can provide him with assistance.

Please note: the management company issues subsidies for low-income individuals for six months of upcoming payments.

What other penalties are there for non-payment?

Shutting off electricity is one of the measures to combat non-payers for utility services. Other measures may also apply to them:

1. Peni . For non-payment of any of the housing and communal services, the contractor has the right to charge penalties. It is accrued after 90 days, during which debts accumulated. This means that from the 91st day an amount of 1/130 of the refinancing rate established by the Central Bank of the Russian Federation will be accrued daily. You can check the calculation of charges in a convenient online calculator.
2. Eviction . Applies only to those residents who occupy municipal housing space on the basis of a social tenancy agreement and have not paid utility bills for more than six months. At the same time, if at least part of the payments are made or there are valid reasons, eviction is not applied. This measure can only be used on the basis of a court decision.

The owners of the premises can only be evicted by a court decision.

In general, it is impossible to disconnect a consumer from electricity for non-payment of other utility bills. The debt is calculated for each specific service and the measure of restriction or disconnection is applicable only for it. This means that if there is a water debt, only the water can be turned off.

If the consumer currently has a difficult financial situation that does not allow him to pay for electricity in full, he must contact the management company or the resource supplier (depending on who the contract for the supply of energy is concluded with) for an installment payment plan. Typically, such installments are provided for a period of six months. This will avoid a power outage in the apartment.

Legislative provisions on stopping the supply of electricity for debts

The scope of work of housing and communal services companies is regulated by the legislation of the Russian Federation. Resource supply organizations are responsible for providing quality service. Consumers of services are the owners of all types of premises and are required to pay a monthly fee according to the invoices issued.

The legislation of the Russian Federation ensures that owners of residential and non-residential real estate are uninterruptedly provided with various utility resources, including electricity.

Regional energy supply companies do not have the right to arbitrarily refuse to supply electricity. But in addition to the responsibilities prescribed by law, the RSO and the Criminal Code have protection from the state.

List of regulations governing the relationship between electricity supplier and consumer:

1. Decree of the Government of the Russian Federation No. 354 (as amended in 2021) on public works provided to owners of residential and non-residential premises.
2. Russian PP No. 442, as amended in 2021, on the activities of electricity markets and the “regime of possible complete (partial) cessation of light supply” to objects. The law talks about the wholesale and retail supply of energy to all types of real estate.
3. Decree of the Russian Federation No. 624 of May 24, 2021, as amended in 2021, on changes being made to legislative acts regarding the possibility of partially or completely stopping the supply of light to various premises.

A person who stops paying electricity bills, according to the law, becomes a debtor. If the situation with debts for electricity and other utility bills is regularly repeated, then the citizen is assigned the status of a willful defaulter.

Both the owner of the property and its tenant must make payments on the accounts.

Reasons for de-energizing an apartment from light

The amount of debt actually doesn't matter. In accordance with the law, disconnection can be made even with a debt of 200 rubles, if this is the sum of two consecutive unpaid payments. But in reality, each situation is considered individually.

Watch the video: “General procedure for disconnecting from the power grid for non-payment.”

Organizations supplying electricity cannot stop supplying it on their own.

There are several situations regulated by law when this can be done without violating regulations:

1. Termination of the contract for the supply of light by agreement of the parties.
2. Situations that the consumer cannot influence:
   preventive work on the line;
3. accident at a substation;
4. power line repair;
5. power cable breaks due to the elements;
6. other force majeure situations.
7. Cases that the user can influence:
   reluctance to repay the debt for the resources provided;
8. electrical appliances in the room are not in proper condition;
9. unauthorized connection to power transmission lines;
10. other violations of contract terms.

The most common reason for 100% or partial shutdown of light supply is accumulated debt on bills. But only if the volume is at least 2 average monthly payments.

How to act in case of illegal shutdown?

Regardless of the size of the electric network subscriber’s debt, the supplier’s actions to disconnect electrical energy must be based on the law.
If Energosbyt violates its rights, the state will protect the injured party. For this purpose, the federal consumer protection law . The debtor can go to court, and his electricity supply will be restored even if he has a debt. And often in such cases, the plaintiff also seeks compensation for material or moral damage.

Install motion sensors on switches

Expert of the Russian Ministry of Finance project on financial literacy Igor Grigoryants recommends using energy-saving light bulbs and motion sensors - the latter are especially relevant for families with children (kids often forget the rule that the lights need to be turned off, and children cannot always reach the switches).

“Various control systems will help you remember to turn off the lighting in the rooms in a timely manner. Contrary to popular belief, their cost is not that high: for example, a circuit breaker with a motion sensor will cost about 250-300 rubles,” says Grigoryants.

By the way, although LED lamps are more expensive than energy-saving lamps, they last longer and consume less energy.

...and transmit meter readings

Everyone has electricity meters, but not everyone remembers to transmit their readings. But in vain. The fact is that if you do not notify the resource organization about electricity consumption for three months, the fee will be calculated based on the average annual meter readings. And if you go, for example, on vacation or to the country, that is, you will not watch TV, cook or wash clothes, then you will pay the same amount for light as you paid in those months when you were at home and did all this.

And if you do not submit readings for more than three months, in this case the invoice will be issued according to the standards established in your region. As a rule, it is more expensive.

We monitor the equipment

By the way, about teapots. This is one of the most energy-consuming household appliances. Experts recommend regularly cleaning them from scale, which increases the boiling time of water and, accordingly, electricity consumption. In addition, you should pour only enough water for a couple of cups of tea or coffee. If you need half a liter of boiling water, and you fill the kettle to the maximum, it will boil three times longer and the energy consumption will be greater.

But for washing machines and dishwashers, electricity consumption does not depend on the loaded laundry and dishes. So it’s most profitable to wash/clean dishes when the machines are fully loaded.

Is it worth connecting the meter yourself? What does this mean?

The desire to connect the meter yourself is easy to explain - in case of delays on the part of the energy supply, residents are forced to do without electricity even after payment has been made. Houses in which the lights were cut off for debt are under the control of housing and communal services organizations, and in this case it is not so easy to connect to the power supply yourself.

If the power is cut off, you can temporarily solve the problem with electricity using a mobile power station. Affordable price and ease of use allow you to gain access to vital processes without waiting for a decision from the management company.

Attempts by residents to independently access the electricity meter on the part of the management company may be regarded as a violation subject to a fine.