Gas is the key to family comfort. “Blue” fuel not only helps to cook food, but also provides an apartment or house with hot water and heat. But do not forget that natural gas is extremely explosive. You can regularly hear on the news about new accidents in different parts of the country. It is not surprising that our government has become concerned about this problem, which is why laws have been passed in recent years to strictly regulate this area. Today you can get fines for gas even for inaction, and the amounts are quite high.
In this article we will tell you what gas fines there are, how to avoid them, and what liability is determined by law. In order not to fall into the tricks of gas workers, you must know your rights and responsibilities.
Legislation
- Civil Code No. 51-FZ of November 30, 1994 names the general grounds for concluding contracts, fulfilling obligations, and measures applied to debtors.
- Government Decree (hereinafter referred to as PP) No. 549 of July 21, 2008 establishes the rules for the supply of gas for domestic consumption. Contains the procedure for turning off the gas supply.
- PP No. 410 dated May 14, 2013 stipulates the conditions for the safe use of gas equipment in apartment buildings, lists the measures to be taken against defaulters by turning off gas in apartments and their subsequent connection.
- PP No. 354 dated 05/06/2011 determines the procedure for the provision of utility services. Chapter 11 talks about the right of utility companies to limit or stop providing services to debtors.
- PP No. 1245 dated November 25, 2016 allows limiting the supply of fuel in case of violation of the terms of the contract.
- Order No. 92 of Gosstroy dated April 21, 2000 approves methodological recommendations for the use of heating systems in everyday life. Gas is a coolant.
Causes of leakage
Methane leakage from a pipe is caused by several factors, which are divided into professional and domestic reasons.
Notice! Household defects that are caused by accidents include:
- flame extinction on gas equipment, which is caused by a draft or strong gust of wind,
- The gas burner is not closed properly.
Professional reasons can most often arise when connecting and installing gas appliances and equipment. For example, poor sealing of pipes, malfunction of gas equipment. Most often, the cause is a weak connection of the gas supply hose.
The normal operation of a gas stove and water heater is determined by the flame. The blue color of the flame indicates the serviceability of the equipment. If the fire has a reddish or yellow tint, you should sound the alarm and contact specialists to check the equipment and gas pipeline.
Do I need to pay to seal my gas meter?
Legal and not so legal shutdown of gas for debts
The rules and conditions for disconnecting the gas supply to debtors are regulated by the PP. Different reasons:
- in case of non-payment of the supplier's services in full or in part for two months in a row;
- if meter readings are not transmitted;
- if the owner of the property does not open the door more than 2 times to the employees of the service company conducting a routine inspection of the equipment;
- use of devices that are not included in the contract and do not meet safety requirements;
- expiration of the service contract for gas appliances;
- expiration of the service life of meters, columns, plates.
It is prohibited to turn off gas to debtors when:
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- there is no other way to prepare food, for example the house is not connected to the electrical network;
- in cold weather, if the house is heated with natural fuel.
Important: gas can be turned off at any time if the debt exceeds 2 months.
What should be the amount and term of the debt?
The government decided that it is possible to disconnect a debtor from gas if he does not pay his bills for more than 2 months in a row. The same applies to situations where payment for services occurs in installments. The amount doesn't matter.
Before applying the measure, the service organization is required to suspend the supply of resources, for example, by specifying the hours when the service will be provided. During this time, the defaulter is obliged to eliminate the debt. If a person ignores the warnings, they are completely disconnected from the gas supply.
An exception to this rule is possible when there is no technical way to stop the fuel supply. Then the gas is turned off immediately.
Can they close it in winter?
Utilities can shut off the gas supply during the heating season, provided that the house or apartment is heated in a way not related to natural fuel, that is, a stove, central water heating, or other types are installed.
In other cases, stopping the supply of a resource is permitted. There are no exceptions here. Living in the debtor's apartment for disabled people, elderly people, or children will not be grounds to cancel the decision of the resource provider.
Whether or not to stop supplying fuel to homes is decided by the service organization. This is a right, not an obligation. Often the issue is resolved individually.
Can they give me an installment plan?
Utilities warn debtors of their intention to stop gas supplies. Time is given to resolve the issue peacefully. To do this, you need to come to the management company, the service organization with which the contract has been concluded, and sign an agreement to pay the debt in installments.
There are different options for resolving the situation. The agreement will have to be strictly observed. Violation of the conditions will give the utility companies a reason to take enforcement action.
Important : gas heating is prohibited from being turned off in winter.
How much power is needed to install an electric stove?
Each apartment in a multi-storey building is allocated a certain power, in the presence of a gas pipeline - 5 kW, and in a house without gas supply - up to 10 kW. Accordingly, due to the increase in electricity consumption, it will be necessary to install new wiring and install a special socket for the electric stove (Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170 “On approval of the Rules and Standards for the Technical Operation of the Housing Stock” clause 5.6.19). If this is not done, the wiring will catch fire due to the increased load.
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Notification
Management companies can influence debtors in different ways: they send notices, suspend services, and collect debts through the court.
If the service organization decides to turn off the gas supply, it is obliged to inform the defaulter. Used:
- notification letter;
- utility bills. An entry is made in the payment document indicating the amount;
- SMS messages, emails, information messages through your personal account on the housing and communal services portal.
Deadlines
Notice periods vary depending on the situation:
- 20 days before the proposed event in the following cases:
- the person does not fulfill the terms of the contract;
- does not allow inspectors into the apartment;
- uses faulty, untested equipment;
- does not pay receipts for 2 months in a row;
- did not enter into a service agreement (PP No. 549, clause 46). The violation is associated only with the use of natural fuels.
- The violator is given 20 days to repay the debt, after which restrictions are introduced. If a person has not taken measures to resolve the conflict, 10 days after the restriction, the gas is completely turned off (Government Decree No. 354, paragraph a, paragraph 119). The rules apply to all types of utilities that are disconnected for debts.
- When an apartment owner violates security requirements, does not allow inspectors in, does not enter into an equipment maintenance agreement, or uses devices that have not passed inspection, utility companies are required to send two notifications. One - 40 days before the planned shutdown. If no action is taken, the second one is sent 20 days before the planned events (Government Decree No. 410, paragraphs 80, 86). In this case, it does not matter whether the debt exists. Violation of the above safety requirements is sufficient.
- There is another deadline - 3 days before the fuel supply is cut off. It is provided for by government decree No. 1245 in paragraph 13.
In practice, the debtor is given 2 warnings: 20 days before the gas supply is turned off and 3 days before it.
Is it legal to disconnect for debts without warning?
The government's answer to this question is clear: notification is mandatory. If there was no warning, the gas should not be turned off.
Important: before disconnecting, gas workers are required to send a notice to the defaulter.
Disconnection procedure
The shutdown procedure depends on the location of the apartment or house in which it will occur. If there is access to the debtor's premises, the gas equipment is sealed. Devices are installed that do not allow you to turn on the gas yourself.
When the owner does not allow utility workers into the apartment, house, gas supply will be stopped by disconnecting part of the pipe leading to the defaulter’s premises.
The procedure is formalized by an act, one copy of which is given to the debtor.
In an apartment building
Gas workers put plugs on part of the pipeline leading to the offender’s apartment. It is possible to seal the gas valve in the room.
In a private house
The procedure for limiting fuel consumption does not differ from actions in an apartment. If there are two owners in a private house and it is possible to separate the pipelines, a defaulter plug is installed. It is allowed to block the tap supplying gas to the water heater, stove, or heating system.
In dorm
Disabling a debtor in a dormitory is only possible if gas is supplied to his room. Shared kitchen restrictions are not permitted. Residents pay for resources according to standards. The amount of fuel consumed is divided among all living people.
Only specialists can connect and disconnect the gas supply.
In what cases is it impossible to switch from gas to electricity?
Switching from gas to electricity is problematic in dilapidated houses. Installing new electrical equipment may weaken the supporting structures. Difficulties with replacement may also arise if the local substation is unable to cope with the additional load that will arise if you turn off the gas and connect a house equipped with powerful electric stoves. In such cases, the project is simply not approved. To find out the allocated power, you need to contact the operating organization (in Moscow and the region - this is Mosenergosbyt OJSC).
What to do if disabled
You need to contact the company with which the contract for gas supply has been concluded.
The resulting debt must be repaid. This can be done in parts throughout the year or all at once. The gas service worker will suggest options for solving the problem.
If you discover that a resource is missing, you can call RSO, the management company. Workers will give reasons for the shutdown.
If you have a debt that is difficult to pay right away, you will have to negotiate. You can write a statement to the gas workers about your readiness to eliminate the violation, indicating the time it will take.
Utilities may offer to enter into an agreement on gradual payment of debt.
How the fine is calculated
If inspectors discover a failure to comply with the required level of safety, the gas service may impose a fine, with mandatory written notification.
Unauthorized connection to gas pipelines can only be recorded by police officers, and only a court can determine punishment. Therefore, you should not listen to various scammers who intimidate and offer to “resolve the issue on the spot.”
In addition, if you do not agree with the charges, you can always challenge them in the appropriate authority.
Statement of claim
You can appeal the actions of gas workers in court only if they have violated the law. Resources consumed must be paid in full. Claims regarding the quality of services must be resolved in court. Refusal to pay for low-quality fuel must be formalized correctly. In other cases, the court will side with the supplying organization.
It is also considered an illegal action of the supplier to demand payment of the amount on the receipt, while the user does not actually have a debt.
What to write
There are two ways to go to court:
- in an administrative manner to appeal the actions of gas workers;
- in civil proceedings to recover damages.
In both cases, a statement of claim is written. The difference lies in the requirements.
Claims must include the name of the court to which the appeal should be made. Magistrate judges consider complaints if the value of the claim is less than 50,000 rubles. Be sure to include information about the plaintiff and defendant. Applications to unidentified persons will not be accepted.
The text of the statement of claim describes the situation. You need to start with the date and time of the event. Report disagreement with the actions of public utilities. There must be confirmation of the applicant's opinion. For example: no notification was sent, the debt arose due to technical reasons, the person was not in the city.
The request must be detailed and correspond to the text of the appeal. Administratively, you should ask for the elimination of violations by gas workers. In civil cases - about collecting from them a penalty, damage caused by their actions.
Terms of consideration
The deadlines depend on the type of claim. Civil cases are accepted by the judge for proceedings within 7 days, and the first hearing is scheduled. The consideration ends after studying the evidence and establishing the validity of the plaintiff’s claims.
The judge has 2 months to make an administrative decision.
Illegal actions
In accordance with Russian legislation, written and timely notification of the defaulter about gas disconnection is mandatory. If this rule is violated, the consumer has the right to complain to the housing inspection company or the prosecutor's office. In addition, it is illegal to disable a resource if:
- The payer has no debt;
- The resource supply did not resume after technical work;
- Activation of the service is not carried out within the established time frame;
- There is a fact of abuse of official powers.
In any case, it is in the interests of consumers to ensure that the situation does not progress to the point of disconnecting the service, since even without taking into account the fine, restoring the connection will be very expensive and time consuming.
Violation of at least one point of the job description makes the disconnection procedure unlawful. This means that the consumer can appeal the decisions made in court. However, under no circumstances is the debtor relieved of the obligation to repay the debt. The only thing a defaulter can really achieve is a temporary reprieve.
Connecting after disconnecting
The service is activated after the debt has been repaid in full. The supplier will need to bring supporting documents or a letter of guarantee. Installment agreements are permitted. It will also be necessary to pay in full for the work to disconnect and connect the gas supply.
How long will it take for them to connect back?
PP No. 549 stipulates a five-day period for restoring gas supply. Only working days are taken into account. Connection of other services is carried out faster - in 2 days.
Deadlines are provided for situations where the debt is paid in full or an agreement on gradual payments is signed.
Price
How much it will cost to restore the fuel supply depends on the region. You can see the exact amount on the Internet, on the website of the supplier or supplying organization.
The cost depends on the cost of performing work to disconnect and connect the supply. Installation and connection of in-house devices is paid separately.
Court
A lawsuit on this issue is drawn up taking into account the requirements of Article 131 of the Civil Code of the Russian Federation. It must contain information about the two parties to the conflict, the essence of the claim, a description of the offense, as well as the cost of this claim. A previously drawn up application to the gas company will confirm the pre-trial consideration of the issue and an attempt to resolve the problem without trial.
The statement of claim must also include the result of the examination and documents for the property where the gas was turned off. An obligatory part of the procedure for filing a claim in court is the payment of a state fee, its amount will depend on the amount of the gas claim.
ATTENTION! These issues are considered by the magistrate. The court has the right to study this case for a month, then it must begin consideration.
