There is a lot of debate about blocking the sewer system for debtors - whether this method of collecting debt to the management company is legal or not.
According to Russian legislation, in particular, Art. 153 of the Housing Code of the Russian Federation (LC RF), all individuals and legal entities are required to pay for utilities. If there is a debt, the management company (MC) can either file a lawsuit or turn off the utility service that has become a “stumbling block” (however, this rule does not apply to heating and cold water supply).
And since the first method involves quite significant waste, not only financial, but also temporary, management and housing and communal services workers resort to installing so-called plugs. Read below about whether such a fight against debtors is legal.
Legislation
- The Civil Code of the Russian Federation regulates relations in the field of rights and contractual obligations, including on the part of public utilities.
- The Housing Code of the Russian Federation establishes criteria for the quality of housing and communal services.
- Federal Law of December 7, 2011 No. 416-FZ “On Water Supply and Water Disposal”, Article 21, establishes the grounds for limiting and stopping water disposal.
- 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 houses” contains criteria for the quality of sanitation, payment procedures, and recalculation practices. Clause 122 prescribes what utilities must take into account when shutting off sewers. Chapter 11 reveals the mechanism for limiting and disabling a resource.
Is it legal to turn off sewerage?
Utilities have every right to limit or suspend water disposal for certain legal reasons:
- an emergency or natural disaster in the networks providing the service. Disabling occurs from the moment a threat or event occurs;
- identification of the fact of illegal unauthorized connection to communications;
- obtaining a corresponding order from a government authority;
- maintenance by the consumer of communications inside the apartment in poor condition, which threatens the full drainage of the entire apartment building;
- discharge of substances prohibited by law.
For these reasons, sewer lines may be cut off without warning.
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IMPORTANT! Shutting down is possible for 8 hours per month in total or for 4 hours at a time in case of an emergency.
The grounds on which disconnection is legal if a certain order is observed are separately stated:
- There is a debt on utility bills.
- Repairs of water supply lines are planned. The service will be terminated 10 days after notification.
In addition, public utilities, when undertaking such a serious procedure, must ensure:
- security of common property;
- maintaining services from bona fide payers;
- compliance with sanitary standards.
If these conditions are not met, then it is prohibited to restrict the sewerage.
Warning
When a decision is made to turn off water supply to a consumer for non-payment, the management company is obliged to warn about this in advance. Thus, the debtor is given the opportunity to pay off the RSO.
IMPORTANT! The debtor must be notified properly.
The notice is handed to the owner personally against signature by employees of the service organization or sent by registered mail with notification by mail. If the case goes to court, it is necessary to confirm that the debtor knew about the upcoming disconnection and did nothing to resolve the conflict peacefully.
The warning specifies the period within which the debt must be paid - 20 days.
Any other option for informing residents about upcoming sanctions is also allowed - in the next receipt, by phone, using the personal account of the State Services portal, by email.
After 20 days, a restriction is introduced, and after another 10 days, the service is completely disconnected.
What should be the debt?
In order for the management company to have the right to cut off the sewer system, the consumer must accumulate a debt equal to two monthly standard payments.
Moreover, regardless of the presence of flow meters. If, due to objective circumstances or temporary difficulties, the owner could not pay the rent, but does not deny the debt and is ready to repay it, he can enter into an installment payment agreement. To do this, you need to contact the Criminal Code, where you write an application and, together with a lawyer, draw up a repayment schedule.
Who should not be turned off
There are categories of citizens who have the right to receive subsidies for utility bills, but do not have the right to use without paying :
- When the earnings of everyone registered in the apartment are below the subsistence level. After a certain procedure, citizens will be recognized as low-income and can receive a subsidy from the state.
- The owner is officially employed, but the employer has not paid wages for a long time. This must be confirmed with a certificate.
- A minor or a disabled person lives in the living space.
Locking equipment
The standard equipment for sewer blocking systems from different manufacturers includes: a control unit with a monitor, a battery, a coil with a flexible guide rod, an installation probe with a video camera, and plugs. Different systems may have their own distinctive features of device configuration, operation, and conditions of use. Here are some of them:
equipment
- The Sprut system is equipped with two video cameras for ease of operation. The equipment provides high-quality shut-off of sewerage at a depth of up to 105 m.
- “Terminator” can work with a connected video recorder to monitor staff (in terms of preventing collusion with defaulters) and the quality of their work. The probe diameter of 60 mm allows you to work with old risers that have significant deposits on the internal walls. The force of the pneumatic mechanism when installing the plug is 220 kg.
- The Sector equipment has an enlarged 7-inch monitor. The range of plugs used helps to block pipes with a cross-section of 30 mm or more.
- The weight of the “Kit” system is 7.5 kg. This equipment easily covers sewer branches with different angles of inclination - 45°-90°. The plugs used are low cost.
Note that the range of blocking equipment is much wider than the presented systems, their characteristics are constantly being improved, the mechanisms for blocking taps are being improved, and the operator’s work is becoming easier. Using the same equipment, apartment sewerage outlets are unblocked after the debt has been repaid.
Video:
https://www.youtube.com/watch?v=wjUpN99j0Zs
In what ways do they influence
Management companies have ample opportunities to influence debtors. But they should not go beyond the legal framework. Therefore, they mainly use methods of persuasion and moral influence.
To shame careless residents, it is allowed to post lists of debtors on porches and notice boards. To comply with the law on non-disclosure of personal data, you can not write the full name of the owners, limiting yourself to the apartment number.
It is not allowed to send lists of debtors to the employer with a request to convince the employee of the need to pay the debt. The agreement on utility services between the homeowner and the RSO or management company is of a private law nature. The employer has nothing to do with this, and the disclosure of private facts can be appealed.
Another measure is letters demanding payment of the debt. It also lists the negative consequences and additional costs of litigation.
ADVICE! It is more profitable to peacefully agree on an installment payment than to pay legal costs and pay half the salary under a writ of execution.
Best answers
Khoja Nasreddin:
The court's decision is the head of everything...
Mila-Ya 39rus on RyXika:
the bailiff has enforcement proceedings
Babette ****:
I don't know the law. But in my opinion, the right of a service provider whose services have been used for so long and blatantly not paid is enough.
moli:
well, this is a local initiative... but in general, only by the court.... It’s just that they make it easier for you, otherwise it will exceed 50 tons, and the amount is already too heavy
Veniamin Vitaminovich:
bullshit, never heard of that. But how? Spread out the joints and plug them with a rag or plugs? Well, she then sticks it back and damn herself
Dmitry 3D:
You must be formally notified at least 20 days in advance and again 3 days in advance. If this did not happen, and the sewerage system was blocked, you can complain to the utility workers.
Bully:
are they doing the right thing, or do you want your neighbors to pay?
sadness:
Pay, Katyunya, otherwise you’ll go out and shit on the street.
Alexey Lurie:
Shut off the sewer?))) How is that? Just wondering how it will physically look)))) Is this a joke?)))
By the tribunal's decision. Without the permission of the owner of the premises, only the police or the bailiff service can break into it. In this case, the police have no right to break in, and bailiffs can only come with a court decision. The court may oblige the debtor to pay, and in case of failure to comply with the court decision, the bailiffs will come to seize the property. But I doubt that even our senile court would decide to block a person’s shit))))
La Nochka:
Let him pay 1 thousand rubles.
Can't find a light?:
In churches, the toilet is free.
Vladimir Petrov:
Representatives of the housing office come to you, warn you about the debt, and then turn off the sewer from the attic through the riser. No court order needed
Alexei:
Notification must be 10 days (working days), two weeks. With reference to the service agreement.
They will install a rubber hedgehog from the attic. Bullshit, he’ll throw off the corrugation and pull it out with a hook.
But you will have to pay.
How to block a sewer
If the debt is not paid within the agreed period, then an employee of the management company will appear to shut off the drainage system. At first glance, it is very simple: you need to install a plug in the sewer system that will not allow waste to pass through. This is difficult to do in an apartment building.
It is important not to infringe on the interests of other residents. Therefore, various shutdown methods have been developed, the principle of operation of which is approximately the same:
- first, the pipeline is inspected with a probe or using a video camera to establish its integrity and absence of leaks;
- then the plumber finds the wiring to the desired apartment;
- lowers the plug with the manipulator;
- installs it.
Such a blockage does not completely block the drains from the apartment, but significantly limits them. This ensures the right of citizens to live in normal sanitary and living conditions, does not threaten neighbors with inconvenience, and at the same time is a sanction for the debtor.
Legal aspect of the problem
The question arises: how legal is it to install plugs to block the sewer system for debtors? According to the law, suspension or limitation of water drainage in the defaulter’s apartment should not worsen the living conditions of other owners and violate the requirements for the suitability of residential premises for permanent, comfortable living of the population.
That is, blocking the sewer system is contrary to the rules for providing services by public utilities. According to lawyers, with long-term debt, it is possible to turn off electricity, hot water or gas, which you can do without. But it is illegal to turn off the sewerage and water supply. In this case, public utilities violate international human rights standards.
What to do when the sewer system is turned off due to debts
If there is a debt and the water supply has been turned off, the only way out is to pay it off. When the amount is large and there is no way to repay it in full, they resort to restructuring.
To do this, you need to contact the Criminal Code with a written application addressed to the manager. It should indicate why the debt arose and explain that, as a good citizen and payer, the homeowner undertakes to pay part of the amount monthly until full repayment in addition to the main payment.
It is not profitable for services to get involved in litigation, so such a deal is a win for both parties. If the payment schedule is followed, no sanctions will be applied.
How to connect back
The legal way to restore sewerage is to pay the debt and notify the management company. A plumber will come to the owner, remove the plug and adjust the functioning of the sewer system.
To do this, you need to send a written application for connection to the sewerage system to the Management Company and attach a copy of the paid receipt. In addition, the former debtor will have to pay for connection.
How long will it take to connect
The current legislation has fixed the period for restoring sewerage operations: 2 days after payment of the debt.
What will happen to the debtor if he connects himself?
The most harmless sanction for a detected unauthorized connection is insertion of a plug. If the Criminal Code decides to aggravate the matter and calls the police, administrative liability may be imposed. An act on illegal connection to communications will be drawn up and legal proceedings will be initiated.
Judicial practice shows that unscrupulous owners who do not pay rent and illegally use services will still have to pay the debt.
Such cases reach the court in extreme cases, when all methods of peaceful resolution of the dispute have been tried. This means that there is only one possible outcome - collection of debt, legal and other costs in full, as well as consideration of the issue of imposing administrative or other liability.
If, due to an illegal connection, common property or personal property is damaged, these costs will also have to be reimbursed to the culprit.
Dear readers! To solve your problem right now, get a free consultation
— contact the lawyer on duty in the online chat on the right or call: +7 (499) 938 6124 — Moscow and region.
+7 (812) 425 6761 — St. Petersburg and region. 8 (800) 350 8362 - Other regions of the Russian Federation You will not need to waste your time and nerves - an experienced lawyer will solve all your problems! Or describe the situation in the form below:
Process of blocking and restoring services
Some defaulters may be interested in the question of where the plug is placed. Please note that this action can be carried out both by RSO employees or the management company, and by hired specialists. For this purpose, people do not need to get into the apartment; it is enough to come to the attic or technical floor. It is there that there will be a central sewer riser through which the plug is sent to the outlet related to the debtor’s home. As soon as it gets to the right place with the help of a probe and a video camera, the drain from the apartment is completely blocked.
In this case, other residents of a multi-story building should not worry that they will also not have access to sewerage. If they regularly pay for housing and communal services, then they will be able to enjoy all the benefits to the fullest. Because the stub only affects one apartment where the debtor is located. Therefore, wastewater only from a specific dwelling is not discharged into the central riser.
Given the fact that the ability to use the toilet disappears in the first place, many people seek to pay off the debt immediately. Naturally, they are interested in having the ability to use the sewer pipe returned to them as quickly as possible. It is worth understanding that first you will need to fully repay your debt. It is also possible to draw up and sign a payment schedule if the debt turns out to be large.
As soon as one of the events described above occurs, you will need to write an application to renew the service to the RSO or to the management company. You should submit two copies so that you can take one for yourself. From now on, if a person has sorted out the debt, the plug must be removed within two days. If this does not happen, then you can already contact the judicial authority or the prosecutor’s office with a complaint against the utility service provider.
Separately, we note that there are situations when specialists demand money from a former defaulter to unblock the sewer system. It should be remembered that such actions are illegal, and nowhere is it stated that a citizen is obliged to pay for blocking and renewing the sewer system. Therefore, when an invoice is issued for these events, you can go to complain to the judicial authority.
In any case, we can conclude that disconnecting a sewer pipe always becomes a serious problem. Because even a few days without it will create difficulties for people. It will be much easier to immediately pay utility bills or at least respond to demands to repay the debt. After all, if you don’t do this, then the result is already obvious, and in addition to everything else, other housing services can be sealed. If it is not possible to repay the debt now, it is often possible to negotiate a deferment. Then you won’t have to experience any inconvenience, and you can immediately resolve the issue regarding the debt. In the end, you will still have to pay for it because otherwise you will not be able to live normally in the apartment.
