In accordance with government decree of July 21, 2008, No. 549, paragraph 45, gas suppliers have the legal right to unilaterally disconnect this resource to defaulters. However, it is the supplier's responsibility to notify the debtor of the decision officially, in writing, twenty days before taking action.
The grounds for turning off the gas are:
- Violation of the contract regarding the transfer of readings from metering devices (when the supplier does not know the amount of resource consumed);
- Refusal of the consumer to provide access for scheduled inspections;
- Lack of payment for more than three months;
- Using a meter that does not meet the requirements in the region;
- Use of metering devices and equipment that do not comply with technical regulations;
- Lack of a concluded agreement with the service provider.
You should not panic if a resource is turned off without notice, since the supplier may shut down for unforeseen reasons, for example, in the event of an emergency, when replacing equipment, due to technical faults. If we are still talking about debt, the defaulter will have to reimburse not only the amount of the debt, but also all fines, reconnection costs and other associated costs.
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.
Resolving controversial issues
When, for various reasons, payment for the service was not made by the subscriber and his gas was turned off, but subsequently, after completing all the required steps, the order should have been resumed, but this did not happen, or the shutdown was repeated without prior warning, the subscriber has the right, in turn, to send complaints.
This becomes a violation of citizen's rights. If there is evidence of a violation of procedural norms, the complaint is referred to the following authorities:
- Management Company;
- prosecutor's office;
- Housing Inspection;
- Rospotrebnadzor.
When this government agency receives a fact about violations of a citizen’s rights in relation to a company supplying a house or apartment, an unscheduled inspection is often initiated.
Receiving confirmation of a violation, in turn, becomes the basis for holding the service provider company administratively liable. True, a subscriber who sends an unfounded complaint can be held accountable.
Timely fulfillment of financial obligations regarding the provision of housing and utility services is the responsibility of the citizen. But no one has canceled emergency situations in a person’s life, and if they arise, returning gas to your home ultimately turns out to be quite simple and in a short time.
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.
Is it forbidden to turn off the heating in the entire house in winter?
“Rules for the provision of utility services to citizens” provide for a ban on suspension or restriction of the provision of utility services if consumers fully comply with the obligations established by law.
Nevertheless, the legislation implies possible interruptions in the heating supply, and the “Requirements for the quality of public services” set out the following acceptable standards. The reasons may be emergency or maintenance work. In particular, the following breaks are provided:
- no more than 24 hours in total during the month;
- no more than 16 hours at a time (at an air temperature in residential premises of +12°C);
- no more than 8 hours at a time (at air temperature in residential premises from +10 to +12°C);
- no more than 4 hours at a time (at air temperature in residential premises from +8 to +10°C).
Batteries are leaking - what to do?
Should the management company eliminate traces of leaks in the apartment?
Private practicing lawyer Victoria Suvorova (Pyatigorsk) answers:
Of course, you cannot turn off the heating in winter. But here it should be noted that if this happened as a result of an emergency shutdown, that is, there was a pipe break, an accident, a flood, etc., then a temporary limitation of heating for the period of emergency work and elimination of the leak is acceptable.
It is unclear from the question what incident happened to you. If the neighbor is changing the heating system, then this is incorrect.
You can file complaints with the Criminal Code, Homeowners Association, Emergency Service, Heat Service, Housing Inspectorate, Prosecutor's Office, and file a lawsuit against your neighbor for compensation for moral damages and damage caused by the lack of heating in the apartment in winter.
The head of the legal support department, Ksenia Buslaeva, answers:
Formally, the contractor providing utility services (today, in the vast majority of cases, this is a management company, that is, a management company), has the right to suspend the provision of services (in this case, heating of an apartment building, that is, an apartment building), but only for scheduled or emergency repairs. The maximum permissible period for turning off heating in an apartment building during the heating season is 24 hours during the month or no more than 16 hours at a time, provided that the temperature in the residential premises is not lower than +12°C.
In fact, the owner of an apartment in which the heating system is planned to be repaired during the heating season applies to the management company with a request to allow work to be carried out that may entail the cessation of heat supply to all or part of the premises of the apartment building. The final decision on further actions is made by the management company independently - either to authorize and carry out repair work or not.
Goal: replacing radiators
How to reduce heating bills if the radiators are barely warm?
The law does not prohibit turning off heating for the purpose of repairing the heating system, since failure to repair can lead to even more negative consequences (breakdown of the entire system). Therefore, it is even necessary to implement it.
However, the owner of the apartment where the work will be carried out has the responsibility to carry out repairs in such a way that it causes as little inconvenience as possible for neighbors: it must be as efficient and silent as possible, a warm day must be chosen for the work, and so on.
What to do if this citizen does not respect the interests of his neighbors (for example, he carries out work in 30-degree frost)? You can complain about him to the prosecutor's office. It is advisable to attach written explanations from other neighbors to the application.
The prosecutor's office will have to bring the violator to administrative responsibility. In addition, compensation for moral damage can be recovered from the culprit in court if the violation caused significant suffering. To do this, you need to prepare a substantiated statement of claim.
But judicial practice shows that the amount of compensation will be small.
Yulia Dymova, director of the Est-a-Tet secondary real estate sales office, answers:
The living space must be landscaped, and appropriate regulations must be established for carrying out this work. Independent replacement of the heating system is impossible - it is carried out only with the consent of the management company, which will notify all residents of the house. In the cold season, the heating shutdown period should not exceed three hours.
How to choose heating radiators?
What time of year is best to do renovations?
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.
About types of debt
Important! Debt for utilities is classified into several periods:
- from 2 to 4 months - most often this is attributed to indiscipline and dishonest attitude towards the client’s responsibilities or temporary financial difficulties. Most often, this debt is ignored by the supplier due to unreasonableness in terms of time;
- up to 12 months – most often occurs intentionally. In this case, the provider constantly sends notifications and alerts. In the event of such debt, the supply of natural gas is interrupted;
- non-payment period of more than 24 months - suppliers call them unexpected repayments. Debt collection occurs in court.
Payment of the debt is made at the tariffs that were in effect at the time the debt arose, without taking into account the readings of the meter according to regional standards. In the event of an agreement between the parties to repay the debt, the amount of contributions is determined as the average value of the value of the debt.
The schedule is drawn up individually in front of the debtor, or it is simply announced and offered to sign a bilateral agreement.
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.
How to get an installment payment?
To receive an installment plan or deferment, you must indicate in your application the reason why you are unable to make the payment. It is necessary to note in the application the factors due to which it is impossible to turn off the gas, for example, due to the presence of a small child in the family. If the company decides to meet the debtor, it will have to enter into an agreement with him, which should stipulate when and what amounts the subscriber will have to pay, as well as within what time frame.
If an organization denies you a deferment or installment plan, it must provide it in writing. In this case , you can go to court to appeal this decision .
In any case, the conflict between the debtor and the gas supply company can only be resolved in two ways: peacefully with the conclusion of an agreement, or through the court.
It is illegal for a subscriber to independently connect to the network without an agreement with the supply company. In this case, the violator will be required to pay a fine.
Sources
- https://sovet-ingenera.com/gaz/safety/otklyuchenie-gaza.html
- https://ZKHinfo.ru/kommunalnye-uslugi/otklyuchit-gaz-za-neuplatu
- https://PravoNedv.ru/kvartira/zhkh/otklyuchenie-gaza-za-dolgi.html
- https://PoPravu.club/uchrezhdeniya/zhkh/otklyucheniya-gaza-za-neuplatu.html
- https://potreb-prava.com/zhkx/otklyuchenie-gaza-za-neuplatu-v-chastnom-dome-v-otopitelnyj-sezon.html
- https://potreb-prava.com/zhkx/zakonno-li-otklyuchenie-gaza-bez-uvedomleniya.html
- https://maksimovka.ru/mogut-otklyuchit-neuplatu/
- https://MoyDolg.com/neuplata-i-uklonenie/fizlica-5/otkljuchenie-gaza.html
- https://moepravo.guru/sfera-uslug/kommunalnye-platezhi/otklyuchenie/gaz/neuplata-zadolzhnostej.html
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.
What actions should the owner take?
If the gas was cut off illegally, the owner has the right to contact law enforcement agencies with a statement, namely:
The application must contain information about the current situation, violations by the gas service, as well as the owner’s demands to restore the provision of services at the expense of the gas supplier.
Moreover, the owner of the house has every right to file a claim for compensation for moral damage and recover moral damage from gas suppliers in the form of compensation.
If the gas shutoff occurred legally, then the subscriber has the right to do the following:
- Check to see if there was prior notice before connecting.
- Check all deadlines.
- Try to negotiate with the supplier on restructuring the agreement (dividing payments into small amounts for partial payment, in case of large debt).
- Pay off all debts in full and stop accumulating them.
More information on how to restore gas supply after a shutdown can be found here.
To summarize, it can be noted that disconnecting any utility service is an unpleasant situation. Therefore, to avoid such situations, there is no need to accumulate debt.
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.
Contacting the gas company
When an illegal gas shutoff is detected, the first thing you need to do is write a statement to the gas service company:
- It is necessary to obtain a written explanation of the actions from the gas workers.
- The application is drawn up in two copies, in it you need to make a claim and demand a return connection to the gas pipeline.
- What is included in the application? This is information about the organization, its leader, a claim against the company. You should indicate the legal acts confirming the illegality of the actions, write about the losses incurred due to the gas shutoff, and the cost of their compensation.
- It is recommended to require an examination.
This application must be reviewed by the gas company within 3-5 days. After the examination (if the company’s guilt is confirmed), the case can be sent to court.
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.
Terms of termination of service delivery
According to regulations, the duration of the interruption of gas supply depends on the circumstances that were the reasons for this.
In case of non-payment of natural gas supplies, supply will begin only after full repayment of the debt, within five days.
To carry out repair work, gas can be turned off for only 4 hours every thirty days. If the shutdown is made for a period that is more than 4 hours per month, then the payment for gas supply is reduced by 0.15% of the cost for each hour of shutdown.
If an emergency occurs, gas supply may be interrupted for a period of no more than one day. Full gas supply is carried out within 2 days from the moment the emergency situation is eliminated.
Watch the video. Who is at risk of gas shutdown?
Is it possible to suspend supplies without warning?
Please note! Shutting off the gas supply without notice is possible, but only in certain cases, which include:
- accident in the general gas distribution network;
- natural gas leak;
- breakdown of intra-apartment or intra-house equipment for its replacement;
- a faulty gas appliance, which was discovered during an inspection, and this poses a threat to the life or health of residents.
Only in these cases the termination of gas supply is justified and can be carried out without warning.
