Gas shutoff procedure: reasons, timing, implementation. Can I refuse the service myself?

Sudden gas outages rarely occur in apartment buildings, but the issue is still relevant today. When this happens, the problem is very stressful for residents. After all, everyone has some chores to do around the house, including: cooking, heating water, etc. People start to worry because they don't know the situation. They are interested in questions about why there is no gas supply and how to act in such a situation.

If you don’t have gas in your house, you can find out the reason for the outage by calling 104 or 112. The gas supply company’s dispatcher will answer all your questions, you will even find out how long there will be no blue fuel at your address. But this is true in the case when scheduled work is being carried out in your house, but if the reason is different, then other measures will need to be taken. Let's figure out together what to do in a given situation.

Who to call if there is no gas supply in a private or apartment building?

If for some reason there is no gas and gas appliances do not work, then you should contact the service provider , that is, the company with which the gas supply agreement has been concluded, or the emergency dispatch service.

If there is an interruption and you smell gas in the room, you must immediately call the emergency service by calling 104 or 112.

in winter

Can the gas be turned off during the heating season? Unfortunately, yes, if it is necessary to prevent an emergency or emergency situation.

Can gas workers turn off gas in winter in other cases? Both in private houses and in apartments, the supply of the resource cannot be stopped during the heating season if:

• gas is used as the only source to maintain heat in the premises;
• housing will become uninhabitable;
• property will be damaged, for example, the sewerage or water supply system will freeze.

These rules also apply to disconnections for debts.

Causes

Reasons for suspending a service may be legal or groundless . Each of them is characterized by the occurrence of certain circumstances.

Section III of the Decree of the Government of the Russian Federation of July 21, 2008 No. 549 “On the procedure for supplying gas to meet the household needs of citizens” specifies the procedure for notifying consumers, as well as cases when informing is mandatory and when it is not. This is discussed in paragraphs 45-47, 56 of the said normative act.

Similar rules are reflected in paragraphs 77-80 of the Government of the Russian Federation of May 14, 2013 No. 410 “On measures to ensure safety when using and maintaining indoor and indoor gas equipment.”

Reasons

Legal grounds include the following cases:

• planned shutdown;
• suspension in case of an accident;
• arrears of payment (we described in detail how to find out gas arrears on a personal account and in other ways here);
• unauthorized “connection” to the network;
• obstructing access of specialists to the premises;
• non-compliance of equipment with technical standards.

As planned according to schedule

Such suspensions of services are carried out by the supplier according to the approved schedule. The procedure requires prior notification to the consumer.

• Should an announcement be made about gas shutoffs? Clause 56 of PP No. 549 obliges the gas supplier to inform the consumer in advance about the gas shutoff.
  The notification must be sent no later than 7 days before the planned inspection date. It is mandatory to ensure that the notice is received. That is, the supplier must have documentary evidence of the fact of delivery of information to the user. To do this, the notice must be given to the tenant personally against signature, or a letter must be sent by registered mail.
• Shutdown schedules: who compiles them and where can I view them? Planned shutdowns are carried out at least once every six months (clause 55 of PP No. 549).
  For these purposes, the service provider draws up a schedule. It is approved by the head of the company. Information is posted on the organization's website. Information can be obtained by contacting the service provider's office in person.

Without warning in an emergency

The list of emergency situations is specified in paragraph 77 of RF Regulation No. 410. These include:

1. lack of draft in chimneys and ventilation ducts;
2. lack of air flow, necessary for complete combustion of gas;
3. equipment malfunction;
4. interference with the system;
5. use of faulty devices.

In such cases, no prior notice is required. Disabling occurs upon detection of these violations.

Can they stop filing for non-payment if there is arrears?

Suspension of the service is also possible in case of incomplete payment for housing and communal services (read about how to calculate gas payments according to standards and according to the meter in 2021). In such situations, the gas may be turned off. This rule is specified in paragraphs. “a”, paragraph 117 of the Russian Federation Regulations dated May 6, 2011 No. 354). In such a case, notification is mandatory. It is sent 20 days before the date of suspension, clause 119 of the RF PP No. 354).

For what debt is the gas turned off? Payment is considered incomplete if the amount of debt for the service exceeds two monthly payments - clause 118 of the RF PP No. 354 (how can you find out the gas debt?).

For unauthorized connection

The grounds for suspending the service in such cases are provided for in paragraphs. “a”, paragraph 78 of PP No. 410. This case includes actions related to network installation or technological connection of equipment, without complying with the requirements of the legislation of the Russian Federation. In such cases, no prior notice is required. Disabling will be carried out immediately if violations are detected.

If the inspectors did not get into the house

Disconnection will also be possible if the consumer refused to allow representatives of the supplier to carry out an inspection (clause 45 of PP No. 549) or restricted access to the premises for specialists to carry out equipment maintenance two or more times (clause 80 of PP No. 410). In these cases, the consumer must be given prior notice.

The consumer is sent two notifications about the upcoming suspension of gas supply and its reasons. Suspension of gas supply is carried out no earlier than 40 days after sending the 1st notification and no earlier than 20 days after sending the 2nd notification.

When checking, if the equipment does not comply with the technical specifications. standards

Such cases are reflected in paragraph 45 of PP No. 549. These include:

• use of equipment not provided for by the terms of the contract;
• non-compliance of devices with technical requirements.

In such cases, disconnection is possible if the user has received notice 20 days before the date of suspension of the service.

Illegal termination of gas supply

The illegality of turning off the gas is confirmed by the following circumstances:

• absence of guilty actions on the part of the consumer, for example, there is no debt, the equipment is used within the framework of the concluded contract and meets technical requirements;
• residents were not informed in advance about the upcoming shutdown, in cases where this was mandatory.

For non-payment without prior notice

Suspension of the service without prior notification to the consumer, when it is a mandatory condition, is a direct violation by the supplier of its obligations (read about the rules and regulations for the use of gas and the provision of gas supply services in the Russian Federation here). This also applies to the presence of arrears in housing and communal services payments. Paragraph 119 of PP No. 354 expressly states that prior notification in such cases is mandatory.

In such cases, you can send a claim to the gas service, service provider, a complaint to the prosecutor's office, Rospotrebnadzor or the housing inspection, or a statement of claim to the court.

Court decisions: legal practice

Let's get acquainted with cases of illegal gas supply disconnection from judicial practice using an example : In the Dmitrovograd court of the Ulyanovsk region, a citizen's claim against a service provider was considered.

In the process of studying the case materials, it was established that the owner of the property entered into a gas supply agreement with the LLC. At some point the service was suspended. However, the user did not receive any notifications.

During a personal appeal, the plaintiff was explained that the reason was the illegal connection of the equipment. The plaintiff asked to recognize the decision to disconnect as illegal, to restore the gas supply, to compensate for moral damages and legal costs.

The defendant did not agree with the claim and explained that the reason for the disconnection was the unauthorized connection of the equipment.

When studying the case materials, it was established that the gas equipment was operated by the plaintiff after concluding a service agreement with the gas company. There were no payment arrears.

Based on the above, the court granted the claim, the decision to disconnect was annulled, and compensation for moral damages and legal fees were recovered from the defendant and in favor of the plaintiff.

Legislation

1. Civil Code No. 51-FZ of November 30, 1994 names the general grounds for concluding contracts, fulfilling obligations, and measures applied to debtors.
2. 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.
3. 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.
4. 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.
5. PP No. 1245 dated November 25, 2016 allows limiting the supply of fuel in case of violation of the terms of the contract.
6. 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.

In what other cases can the provision of services be suspended?

In practice, users encounter non-standard situations. These include:

• disconnection in case of debt without a court decision;
• selective suspension of services;
• disconnection due to absence from residential premises;
• suspension due to debts from neighbors;
• disconnection of one apartment;
• suspension in the absence of the owner of the property.

For debts

Let's find out whether gas workers have the right to suspend the provision of services in a house without a court decision, whether they can not warn the apartment owner, what the gas service is guided by in this case. If there is arrears in payment for 2 billing periods in a row, Gorgaz has the right to terminate the provision of services unilaterally, without a court decision (clause 45 of PP No. 549). But it will be necessary to notify the debtor 20 days before disconnection.

The entire apartment building or an entire entrance along the riser due to one or more residents

Suspension of the service in such cases will be illegal. This violates the requirements of paragraph 122 of PP No. 354, which states that disconnection should not violate the rights and legitimate interests of a consumer who fulfills his duties in good faith. The exceptions are:

• accident cases;
• natural disasters and repair work.

Due to the lack of neighbors

Let's consider whether gas workers have the right to cut off the gas because some residents were not at home. The absence of neighbors is not a reason to suspend the service. Legislative acts, such as PP No. 354, 410, 549, provide lists of reasons for disconnection . The absence of neighbors does not count towards them. Otherwise, the requirements of paragraph 122 of PP No. 354 are violated.

On a communal living space

Let's find out whether gas can be cut off in a communal apartment if the neighbors do not pay for it. In fact, a suspension of this nature will be illegal if the apartment is in shared ownership and personal accounts are divided. That is, in this case, the shutdown will be a violation of the requirements of paragraph 122 of PP No. 354.

If a general receipt is issued for the apartment, the service provider can unilaterally turn off the gas. To avoid problems, bona fide tenants need to go to court and seek compensation from the debtor, or raise the issue of eviction of the latter.

Only in one apartment

This option is acceptable if there are legal grounds for it. The obligation of prior notification is determined by the nature of the situation.

Without the presence of the owner

In such cases, you can turn off the gas if an emergency occurs. Also, the presence of the owners is not required if the owner was informed in advance by the gas workers about the fact of notification. But in this case, you can turn off the gas only if there is free access to the equipment. Gas company specialists do not have the right to break into the door of a house.

The gas was turned off without warning, notification of what to do

Let's take a closer look at the cases in which disconnection for non-payment is unlawful.

Of course, the gas company has the right to stop supplying the resource if it is not paid for. But you need to follow the correct procedure.

For example, you did not pay for the months of January and February. The billing period ends differently in regions. Let's take the 15th as an example. That is, no earlier than March 15, you must be sent a notice warning you that you need to liquidate the debt. Otherwise delivery will be stopped.

And only after 20 days can the gas be turned off.

In what cases can you challenge the company's actions?

• payment was not made for only 1 month;
• there was no payment, but there was no debt (who has meters);
• receipts with the gas bill did not arrive;
• deadlines were not met;
• the notice was not served properly - they left a note in your absence, threw the document in the mailbox.

If there is at least one of these violations, you have the right to file a claim in court.

If in your claim you demand compensation for material and moral damage caused by the company, you will have to pay a state fee. Its size depends on the amount of the claim.

Sample lawsuit against a gas company.

Procedure

To suspend the provision of services, the owner of the property must be informed in advance. This is necessary so that the user has the opportunity to solve problems. After this, the supply is suspended, and then completely turned off.

Advance notice and penalty charges

The preliminary notice is sent to the consumer by registered mail or delivered against signature . The notice must be given no later than 20 days before the planned date of restriction.

The procedure for calculating penalties is determined by paragraph 14 of Article 155 of the RF Housing Code. Accrual begins from the first day of delay in payment for utility services. The size of such a sanction depends on the duration of the debt. For the period starting from the 31st day of non-payment and ending with 90 days, the amount will be 1/300 of the refinancing rate of the Central Bank of the Russian Federation, from the 9th – 1/130.

Limitation

The provision of the service will be limited if the consumer has not eliminated the reasons before the expiration of the notice period (clause “b”, clause 119 of PP No. 354). In practice, this may look like this: a gas company specialist will leave one burner of the gas stove working, turn off the rest and seal it. If there is no technical possibility of restriction, then the utility service may be turned off.

From when will the service be suspended?

If the consumer does not solve the problem within the restriction period, the supplier has the right to turn off the gas. The disconnection will occur after 10 days from the moment the restriction was introduced (clause “c”, clause 119 of PP No. 354).

Based on the results, an act is drawn up; it is a mandatory document. The act is drawn up in two copies, one for each party.

About types of debt

In municipal structures, debt is classified according to periods of debt accumulation, namely:

• From two to four months - the situation is attributed to the consumer’s dishonesty and lack of discipline, as well as to the occurrence of temporary financial difficulties (often the debt is simply ignored, since this is unreasonable from the point of view of time costs);
• Failure to pay for up to one year is a long-term delay, which is perceived as intentional (notifications and warnings are actively sent, at this stage the gas is turned off);
• Lack of payments for more than two years - utility companies classify them as unexpected repayments, so they collect the amount through the court.

Payment for debts is carried out according to the standards that were valid at the time the debt arose, without taking into account the readings of the meter, according to the regional tariff. If the parties agree to repay in installments, the amount will be divided taking into account all services provided and fines. As a rule, schedules are drawn up individually in the personal presence of the debtor, or the latter is simply notified and offered to sign the agreement.

What to do if blue fuel is cut off by law?

We will find out what to do if gas supply is stopped by law, for example, for non-payment, how to reconnect the service, how much it will cost to connect the cut off blue fuel. If the gas was turned off legally, the user has the right to resume the service. To do this you will need:

1. pay off debt;
2. collect a number of documents;
3. fill out an application and contact an authorized company.

Where to contact?

If the gas is turned off in the house, you should contact the company that carried out the shutdown. This is the service provider with whom the consumer has a gas contract.

Required documents

To apply, an interested person will need to prepare the following documents:

• your passport;
• service agreement;
• act of disconnection;
• documents confirming the fact that violations have been eliminated, for example, a receipt for payment of debt.

Documents can be submitted as originals or certified copies.

Application Form

Let's learn how to write an application to connect a gas supply that has been disconnected for non-payment or for some other reason. An application for restarting gas after it has been turned off must be submitted in simple written form. It is better to draw it up at the company office. The text states:

1. Supplier's name and address.
2. Applicant details.
3. Reasons for contacting.
4. Information about eliminating violations.
5. Request to restore gas supply.
6. List of attached documents.
7. Date and signature of the initiator.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

The application must be submitted in person or sent by registered mail.

How long will it take for re-delivery to resume?

The connection of the disconnected gas supply is restored within 5 working days from the moment the supplier receives a notification that the applicant has eliminated the violations (clause 48 of the RF PP No. 549).

Cost of the procedure

Let's consider how much it costs to reconnect the service after it has been legally disconnected, including for non-payment. The cost includes all expenses incurred by the company . On average, the cost of the service will be from 4 to 5 thousand rubles, depending on the user’s region of residence. Payment is entirely borne by the resident.

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.

What to do in case of illegal actions?

Illegal gas shutdown gives the consumer the right to resume the service and compensate for the damage caused. In this case, you can use two methods - pre-trial and judicial.

Pre-trial proceedings

This option involves the interested person contacting authorized authorities. To do this, you need to prepare a complaint and supporting documents.

The correct thing to do would be to first file a complaint with the supplier itself. The latter will have to give a reasoned response within 3 working days (clause “j”, clause 31 of the RF PP No. 354).

Where to complain?

If the complaint does not give the desired result, you should contact:

• management company;
• housing inspection;
• the prosecutor's office;
• Rospotrebnadzor.

Required documents

The interested person will need to prepare:

• passport;
• service agreement;
• a claim that was submitted previously;
• received response.

Drawing up a complaint

The complaint must be submitted in writing or electronically. The text states:

1. Name and address of the organization to which the complaint is being sent.
2. Information about the consumer and supplier.
3. Reasons for contacting. In this case, it will be an illegal gas shutoff.
4. Applicant's requirements.
5. List of attached documents.
6. Date and signature of the applicant.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

The complaint is sent by mail, online, in person or through a legal representative.

When are we required to respond to a complaint?

The complaint must be considered within the time period specified by the complainant . It is calculated from the moment the application is received and should not exceed 30 days (Article 12 of the Federal Law No. 59).

Proceedings on the claim

If the complaint does not give the desired result, the interested person must file a claim in court.

The pre-trial procedure must be followed. If this condition is not met, the court may refuse to consider the case.

The application must indicate:

1. Name and address of the court.
2. Information about the plaintiff and defendant.
3. Reason for contact.
4. Plaintiff's claims.
5. List of attached documents.
6. Date and signature.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

The following must be attached to the claim:

• plaintiff's passport;
• a copy of the application for the defendant;
• service agreement;
• claims and complaints that were sent previously;
• receipt of payment of the duty;
• power of attorney of the legal representative, if he takes part in the procedure.

The statement of claim must be considered within two months from the date of receipt of the appeal, if the claim is filed in the magistrate's court, then within a month (Article 154 of the Code of Civil Procedure of the Russian Federation). The amount of the fee will be 300 rubles for an individual and 6,000 for a legal entity (clause 3, clause 1, article 333.19 of the Tax Code of the Russian Federation).

Accident

Most often, the supply of blue fuel is stopped due to technical malfunctions, which results in a gas leak. This situation is extremely dangerous because if problems are not fixed in a timely manner, the risk of an explosion, house collapse and loss of life increases. Therefore, if the gas is turned off due to a leak, you should treat the situation with understanding.

Technical reasons for stopping gas supply also include:

• malfunction of gas equipment;
• insufficient pressure;
• damage to the gas pipeline, for example, during construction work;
• breakdowns at the gas distribution station (occur extremely rarely);
• emergency situation - flood, hurricane, etc.

In an emergency, gas supply is stopped without warning. The gas supply must be restored within two days from the moment the fault is eliminated.

Important! If a leak occurs in one of the apartments, then the entire entrance or even the house may be cut off.

What actions should I take?

• Turn off the gas valve. Do not turn on or off lights and electrical appliances. If there is a strong smell, open the windows.
• Find out if other residents have gas. Do not ring your neighbors' doorbell, but knock on them, as a spark can cause an explosion if the cause of the shutdown is a leak.
• Take the documents and go outside. Call 04 to clarify what is happening.

Is it allowed to refuse blue fuel?

Let's find out whether it is possible to refuse gas supply to the apartment for a while, for example, for the period of renovation, or permanently, and how to do this. The user’s right to terminate the contract for the provision of services unilaterally is enshrined in paragraph 51 of PP No. 549. This is possible subject to the following conditions:

• the user has no outstanding payment or has paid it off in full;
• the interested party compensated all the company's expenses for disconnecting the housing from the system.

This option is relevant for cases where the owner does not actually live in the house or apartment, and the premises are empty, or use an alternative energy source. This allows you to save costs on housing and communal services. This option is also applicable in cases where the owner is faced with unscrupulous tenants who evade participation in housing maintenance costs.

How to do it?

The gas supply refusal procedure consists of the following steps:

1. preparation of necessary documents;
2. filling out an application;
3. contacting a service provider;
4. consideration of the application;
5. decision-making;
6. carrying out the necessary work;
7. execution of the act.

Where to contact?

In order to turn off the gas, you must contact the service provider, that is, the company with which the consumer entered into an agreement. You can apply in person, through a legal representative or by mail.

Necessary papers

In order to turn off the gas, the interested person must prepare:

• passport;
• gas supply agreement;
• a certificate of registration, if the disconnection is due to living at a different address;
• permission from Rostechnadzor to use an electrical installation as an alternative energy source;
• a document confirming ownership of the apartment - a certificate or extract from the Unified State Register of Real Estate;
• a certificate confirming that there is no gas payment debt.

Before turning off the gas supply to the apartment and switching the housing to electricity supply, you need to obtain permission from the company managing the housing stock to which the apartment building belongs. In addition, it is necessary to obtain the consent of all owners of the apartment if it is in common joint or shared ownership.

The consent of residents of neighboring apartments will not be required.

Drawing up an application for temporary refusal

The application must be completed regardless of the reasons and timing of the gas shutdown. This rule also applies to repair work. In this case, the application must indicate the following:

1. The name and address of the company the owner is contacting.
2. Information about the applicant - last name, first name, patronymic, passport details, place of residence, contact phone number.
3. Address of the apartment or house where the gas needs to be turned off.
4. The reason for petition. In this case it will be repairs.
5. The period for which the gas must be turned off.
6. List of attached documents.
7. Date and signature of the applicant.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 350-14-90

If you do not live at the address permanently

A statement about disconnection due to the fact that the owner does not actually live in it will be similar in content. It will only be necessary to indicate that the applicant does not use the premises.

Deadlines

Legislative acts do not provide clear deadlines for such cases. Only paragraph 52 of the RF PP No. 549 states that the contract can be terminated at any time by agreement of the parties. The terms can be agreed upon by the supplier and the consumer. They also depend on the company’s internal rules. In practice, the time for providing a service consists of two stages - studying documents and performing work.

• At the first stage of the procedure, all information is subject to detailed analysis for its reliability and completeness.
• At the second stage, the parties determine the date for the work. On the appointed day, specialists from the gas company supplier perform the necessary actions.

On average, the shutdown will take from 5 to 20 days.

What is the price?

Gas shutdown is a paid service, that is, it is provided on a paid basis. The amount of payment depends on the region of residence of the initiator and the price list of the contractor valid on the day of the work and its complexity. On average, the amount will be from 1 to 6 thousand rubles.

On what grounds can they give a negative answer and what to do in such a situation?

There is no clear list of reasons why the applicant will be refused to turn off the gas.

An interested person may receive a negative answer in the following cases:

• Disabling gas will violate the rights and legitimate interests of other residents who conscientiously fulfill their obligations to pay for gas (how to calculate payment for gas by meter in 2021?).
• Suspension of the service may pose a threat to the life and health of others.
• Gas heating is the only source of heat. In this case, a conclusion from Rostechnadzor is required that alternative heat sources, for example, electrical appliances, cannot be used in the room.
• The applicant is not the owner of the property.
• The consent of other owners of shares of the property, as well as the management company of the MKD, was not obtained.
• There is an outstanding debt to pay for housing and communal services.

These facts must have documentary evidence.

Low gas pipeline pressure can cause problems in the operation of household gas equipment. It creates unstable burning of the burner in the kitchen and reduces the power of boilers and heating systems. Knowing your rights will help consumers file claims and seek redress in a timely manner.