Press service
Published: Komsomolskaya Pravda newspaper, No. 38, September 18, 2021 (JPEG format, 467 KB) Komsomolskaya Pravda continues publications in the Gas Vector project, in which specialists from Gazprom Mezhregiongaz LLC answer questions from Omsk residents about natural gas supply Omsk". — Is it possible to recalculate gas consumption for the time while a person whose apartment does not have gas meters was away and, accordingly, did not consume this service? — This was possible until January 1, 2021.
Indeed, the recalculation of gas consumption in cases where there is no meter was carried out on the basis of an application from the owners when they provided documents confirming their absence for more than 5 days,” Vladislav Grebenshchikov, head of the Kirov section of the department for working with a socially significant category of consumers at Gazprom Mezhregiongaz Omsk LLC, comments on the situation. - However, from the date indicated above, the procedure for recalculation has changed (p. 86).
In what period can it be done?
A specific period for recalculation is not established by the legislation of the Russian Federation. Everything will depend on a particular situation:
- If the application is submitted due to absence, then recalculation is made in proportion to the number of days of temporary absence, not including the day of departure and day of arrival, clause 90 of Government Decree 354.
- If low-quality housing and communal services were provided, then the entire period of receiving services of inadequate quality is considered.
- If the recalculation is done in favor of the management company, then for the entire period of incorrect payment of utilities. But here there is an opportunity to declare a statute of limitations.
Recalculation for gas
- Make a recalculation for gas. We entered the 4th subscriber, the 3rd subscriber is registered.
- They refused to recalculate gas, my son serves in the army, the metering devices are het.
- Is it possible to recalculate gas costs if readings were not submitted, but payment was made?
- Is there a recalculation for gas if there was a large gas leak?
- I wanted to recalculate my gas bill but they refused, what should I do?
- Is there a recalculation for gas for a period of temporary absence?
- They refuse to recalculate my gas bill. son serves in the army.
If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel telephone If you find it difficult to formulate a question, call a free multi-channel telephone, a lawyer will help you 1.
They refused to recalculate gas, my son serves in the army, the metering devices are het.
1.1. Hello! Refusal to recalculate utility services is legal if you do not have an individual gas meter in your residential premises (residential building) if you have the technical ability to install it.
Amount of payments to be paid monthly
The amount of utility bills depends on:
- readings from meters installed in residential premises;
- standards and tariffs established in the region.
If there are no meters in the apartment, then payments will depend either on the number of registered people or on the area of the apartment. And in this case, payment is calculated based on consumption standards and tariffs that are established by regional authorities. Usually this happens once a year. Utility payments in this case will be equal to:
Utility payments per month = monthly standard per person in force in a given region X number of registered people (or area of housing) X tariff in force in a given region.
The following services depend on the number of people registered in the apartment, namely:
- garbage removal;
- major renovation of an apartment building;
- lighting of entrances and staircases (if fees are charged according to regulations).
Heating is calculated based on the area of housing; solid waste removal may also depend on this indicator; it depends on the decision of the owners how they will calculate these services. If you have any difficulties regarding payment for housing and communal services, you can look at the website of the Federal Tariff Service, there is a calculator there.
Discharge the deceased from the apartment: instructions, subtleties
Apartments Author: · 10.10.2016 2016-10-10 The death of a relative is always an unexpected and difficult event. There are also many legal implications associated with this.
Among other things, relatives need to be discharged from the apartment of the deceased person. This procedure is not complicated, you can easily handle it yourself.
Let's take a closer look at what documents are required and what needs to be done.
Where can I apply for an extract?- 1.1) The following persons can declare death:
Answers to frequently asked questions
Question:
From what moment does the obligation to pay utility bills pass from the owner to me as an heir?
Answer:
Civil legislation determines the moment of actual acceptance of the inheritance at the moment of its opening, i.e., essentially, immediately after the death of the testator. Accordingly, you can independently send applications to the management company or housing and communal services company, including requests for recalculations, after the death of the owner, if you are his heir.
Question:
How can I confirm my right to recalculation if six months have not yet passed since the death of the testator, and I do not have documents for the apartment?
Answer:
The resource supplying organization or management company does not have the right to refuse to accept your application on the grounds that you are not the owner of the apartment. If, in accordance with the inheritance case, you are the only heir, then a copy of the owner’s death certificate and a certificate from a notary will be sufficient to confirm your right.
Recalculation for gas
Content
On July 20, 2021, I received a notification about the existing debt for gas consumption. The apartment does not have a meter, there is a gas stove and titanium.
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I pay for gas according to the standards for each resident. I regularly try to pay a year in advance.
Until July 17, 2013, 4 people lived in the apartment.
In July, my father died, which our district inspector was aware of, since we regularly checked gas payments with him. In February 2015, I privatized the apartment, paying the cost of gas for a year in advance for three people. The district inspector gave me a certificate of no debt. And on August 20, 2015, my mother died.
At that time, three people had paid for gas for the year, and since September 2015, two people were already using gas. This year I again paid for gas consumption for two people a year in advance.
How to do it
If the water shutdown was done as planned, it turned out to be long-lasting, or the emergency dispatch service accepted requests from residents, most often the cash settlement center (CSC) independently adjusts the fee for the unprovided resource. If this does not happen, you must apply there with a corresponding application.
Statement
The claim is sent to the management of the RCC, which is obliged to make accruals. The document must contain information:
- Full name of the head, name of the recipient organization.
- Full name, registration address of the applicant.
- The name of the document is Application.
- Accurate information about the failure to provide water: date, time, information about the presence or absence of metering devices. If they are available, then add the water meter readings before and after the break. There must be references to the agreement with the management company or RSO.
IMPORTANT! Attach to the application a receipt with an overcharged fee, an act on the provision of poor-quality services, if one was drawn up, an extract on the absence of arrears in housing and communal services payments, a document on ownership or a lease agreement.
How can I arrange a recalculation for the deceased for housing and communal services?
Good evening! Today I saw in the apartment payment receipt that my boyfriend is paying for the apartment for two people - for himself and for his deceased father (both are noted on the receipt).
My father died 10 months ago. Is it possible to recalculate during this time, and if so, how? March 18, 2021, 23:37, question No. 2295413 Marina, Moscow Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (2) 752 answers 313 reviews Chat Free assessment of your situation Lawyer, Moscow
Lipetsk Free assessment of your situation Marina, good afternoon! What exactly is paid for the deceased? Maintenance and repair of housing depends on the area of the living space, water, gas, electricity - according to the meter.
Or are there any expenses according to the standard based on 2 registered ones? March 19, 2021, 00:00 0 0 7.8 Rating Pravoved.ru 1036 answers 460 reviews Chat Free assessment of your situation Lawyer, city.
How to find out about water recalculation
If the procedure was initiated by the management company or water utility, then citizens can obtain information about it by reading the act. Residents of apartments are required to familiarize themselves with this document. The water utility must submit the inspection report to the consumer for signing. The document describes in detail the very fact of violation of the consumption of a utility resource and how it happened. The act also indicates the amount to be recalculated and its size.
The consumer can challenge the document. He has the right to refer to the fact that the violation arose after checking the water meters. The tenant may also point out the inadequate performance of the water utility itself in supplying the resource. Complaints are sent to both the housing inspectorate and the prosecutor's office.
According to the rules, who receives rent after death?
Rent continues to accrue even after the death of the property owner.
Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, as amended VIII. The procedure for recalculating the amount of payment for certain types of utility services for the period of temporary absence of consumers in occupied residential premises that are not equipped with an individual and (or) common (apartment) metering device 86.
However, for many it is not obvious who is charged rent after death and who exactly should pay for the apartment if it has not yet become the property of the heirs.
The situation becomes even more complicated if the right of inheritance is not transparent and the deceased did not leave a will. In order to figure out who should pay for utilities and other costs, you need to refer to the Civil and Housing Codes of the Russian Federation. Their articles (153 under the Housing Code of the Russian Federation and 1152 and 1113 of the Civil Code of the Russian Federation) describe who and to what extent is responsible for real estate after the death of the owner.
If the heirs do not complete the necessary documents on time, they may have problems associated with the accrual of penalties for non-payment of rent and - in the worst case - taking over the property into their own possession. According to Housing
We recommend reading: How to collect your salary if you worked unofficially
Based on what documents is recalculation made?
Depending on the basis on which the consumer asks to recalculate the amounts of payments indicated in the bills, he can confirm his right with various documents. Their examples are presented in the table below:
| No. | Base | Supporting documents |
| 1 | Absence of all or part of the residents | Travel certificate, certificate of treatment in a hospital or sanatorium, travel documents (tickets) addressed to the consumer, receipt from the hotel, temporary registration at another address, certificate from the place of study (if training takes place in person at a location other than the place of residence) and other documents |
| 2 | Lack of service | Act of the management organization (MC, HOA, etc.), act with the participation of the resource supply organization, inspection documents of Rospotrebnadzor, State Housing Inspectorate and other supervisory and inspection bodies |
| 3 | Providing a service of inadequate quality |
Important!
In the first case, the supporting documents must also be accompanied by an inspection report of the premises, according to which it is not technically possible to install a metering device. In its absence, the supplier has the right to refuse and not recalculate the amount of payment for the period of absence of the consumer.
Is recalculation possible due to death?
3 owners (shared), one owner died in 2012 and inherited only in 2021. During all these 5 years, utilities were charged to the deceased.
We came to the housing and communal services department and they told us they would recalculate only for the last two months. Is this legal? For what period of time can a recalculation be made?
March 01, 2021, 12:09, question No. 2277430 Evgeniya, Perm Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (2) 91 answers 29 reviews Chat Free assessment of your situation Lawyer, Shakhty Free assessment your situation Good day! As a general rule, housing and communal services are paid by the consumer of services either at a tariff or at a standard cost - that is, with full reimbursement of all housing and communal services expenses for the provision of such services.
How exactly housing and communal services will be paid depends on who is registered (registered in the apartment), who owns the apartment, and some other facts.
The procedure for payment of housing and communal services by heirs of residential premises before receiving a certificate of inheritance
Civil Code in Art. 1152 states that the period for accepting an inheritance is calculated from the date of its opening. Accordingly, from this time on, the heirs receive the right to pay utility bills. At the same time, no one prevents you from continuing to pay for received payments. The fact of accepting an inheritance will only make sense when it is necessary to apply for a recalculation. After receiving the certificate and registering property rights, the heirs will already have the opportunity to draw up contracts for the provision of utility services in their name.
Does the responsibility for paying housing and communal services fall on a minor heir?
The obligation to pay all payments for the apartment, including utilities, rests with the owner of the property from the moment he acquires ownership rights. There are no reservations for persons under 18 years of age. But due to his lack of full legal capacity and his own income, this burden must be borne by his legal representatives (parents, guardians or trustees).
Recalculation for gas
For what period can a recalculation be made for gas in the absence of a registered person (there is a certificate of registration in another city and a certificate of no debt for gas at that place of residence). What laws and regulations should you refer to?
April 28, 2021, 14:53, question No. 1236618 Ksenia,
New Urengoy 600 cost of the issueissue resolved Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (4) 18% fee received 112 answers 42 reviews Chat Free assessment of your situation Shvetsov Vladimir Lawyer Free assessment of your situation
- 112 replies
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Good afternoon
In accordance with the Decree of the Government of the Russian Federation dated July 21, 2008 N 549 (as amended on April 15, 2014) “On the procedure for supplying gas to meet the public utility needs of citizens” (together with the “Rules for the supply of gas to meet the utility needs of citizens”)
Can an apartment be sold at auction if the heirs fail to pay utility bills?
This possibility is actively discussed by our legislators with enviable regularity, and public discussions about this also arise periodically. However, at the moment there is not a single legal document that allows this to be done. This is only possible if there is a court decision to collect a large sum of money from the citizen, the arrest of the residential premises by the bailiffs and the subsequent sale of it at auction.
Important!
No one can deprive a citizen of his only home. Even if the amount of debt for housing and communal services is comparable to the market value of the home itself, and the claimant has a writ of execution in hand, the bailiffs cannot sell the only home of such debtors.
Recalculation of utility bills due to death in 2021
According to the law, namely Article 153 of the Housing Code of the Russian Federation, all payments related to the maintenance of housing must be borne by responsible persons.
These include:
- home owners;
- tenants of municipal (state) apartments;
- tenants of non-privatized apartments;
- members of housing cooperatives.
Dear readers!
The articles describe only typical (template) situations and methods for solving them. It is worth considering that each case is unique, and solving a separate issue requires an individual approach. To find out how to act specifically in your case, we recommend using a free consultation by number for Moscow and Moscow Region, for St. Petersburg and the Leningrad Region, for all other regions of the Russian Federation, housing and communal services are required to provide a general number of payment receipts no later than the first day of the month, following the reporting period.
What payments must be paid each month?
Housing and utility bills must be paid monthly. They consist of:
- utilities;
- payment for housing maintenance.
Utility payments are:
- hot and cold water;
- drainage;
- sewerage;
- electricity;
- gas;
- heating;
- garbage removal.
Housing maintenance includes:
- home management;
- current repairs of the common property of the house;
- elevator maintenance;
- general house needs (heat, water, electricity);
- removal of solid waste;
- waste disposal.
Recalculation for gas
The current economic situation dictates its own conditions for the use of energy resources. A savvy consumer must certainly know how to optimize his own utility costs and use resources efficiently. Paying less allows you to have the right to recalculate your gas bill, which can be done without a meter or with it.
There are two ways to calculate the amount for gas consumed:
- determining the volume of gas consumed according to meter readings;
- calculation according to consumption standards.
The second method is used when metering devices are missing, faulty or do not meet established requirements and their readings cannot be considered correct. The gas supplier is required to monitor the condition of the metering devices; for this purpose, the legislation provides for inspections of equipment once every six months, but not more than once a month.
If you still haven’t counted anything
If, nevertheless, despite all the legality of the recalculation, you were refused, you can resolve the issue in two ways:
- in a claim procedure;
- by going to court.
In the first case, you must draw up a claim and send it to the addressee (to the management company, HOA, etc.). In your complaint you must write:
- essence of the claim;
- indicate the deadline for fulfilling the claim;
- details of the parties (for individuals, instead of details - passport details);
- date of compilation.
You will need to attach documents supporting your position to your claim. The claim is drawn up in two copies. One copy remains with you, and the second with your addressee. After this, the question is decided whether there will be a trial or an amicable agreement. If there is no reaction from the other side, your only option is to go to court. To go to court, you must first file a statement of claim.
The statement of claim must be literate, clearly expressing your position, and the requirements for the other party must be clear. The composition of the statement of claim may be as follows:
- name of the judicial authority where the claim is filed;
- full details of the plaintiff;
- passport details of the plaintiff;
- the plaintiff's place of residence;
- since the defendant is an organization, its full name;
- details of the defendant;
- the price of the claim (the entire settlement amount is indicated);
- essence of the claim;
- the circumstances that form the basis of the plaintiff’s claims are described in detail;
- evidence is provided to support the plaintiff’s claims;
- list of attached documents;
- date of filing the claim, signature of the plaintiff.
Other questions on the topic
What does the line with the recalculated amount mean in the housing and communal services receipt?
Many people notice that a new line appears on receipts called “recalculation”. What is this and how to treat this information in the housing and communal services receipt?
Increasingly
So, if such a column actually appears on your receipt, and it assigns you an extra amount to pay, do not rush to pay your bills. First, contact your management company and find out why there were additional charges. You may have been confused with some other defaulter, resulting in additional expenses.
Perhaps housing and communal services tariffs have increased, as a result of which additional numbers have come up to you. However, if the management company cannot justify where this line came from, write a complaint or contact higher authorities directly.
