New rules for recalculation of utility bills: main changes

We pay for utilities and, of course, have the right to ensure that they are of high quality. And if, let’s say, instead of hot water, cold water flows from the tap, and even with a bright shade of rust, it’s not us who should pay for it, but us.

Let's consider the latest changes in laws and judicial practice in the rules for recalculation of utility bills.

Further amendments to the Housing Code of the Russian Federation have been adopted

On October 27, 2021, the Law amending Art. 157 Housing Code of the Russian Federation (No. 351-FZ).

According to the new edition, recalculation for low-quality utility services will be made by the management organization or resource supply organization (if the consumer has a direct contract with it).

These organizations must figure out among themselves independently (who should compensate whom for losses due to poor quality services). Citizens need to file a claim with the person who directly provides them with the service.

In order not to pay for cold batteries or dirty water, we adhere to the following algorithm of actions:

1. We call the emergency dispatch service of the management organization and leave a request for poor quality service.

We ask for the number under which your application was registered in the journal. Or you can submit a written application addressed to the head of the company in person (through the reception desk) or by registered mail with notification.

2. The management organization must call you and agree on a time for the inspection.

The law does not prohibit the consumer from filming the inspection process in order to provide himself with evidence in case of a legal dispute. The inspection report is issued to the applicant.

3. If the result of the inspection does not satisfy you (it often happens that when the inspectors arrive, everything is in order, and then problems begin again), you can apply to the housing inspectorate for a repeat inspection, with the participation of their specialists.

4. You can attract an independent expert to check the quality of housing and communal services. The date and place of the inspection must be reported to the managing organization, since they have the right to monitor the progress of the examination.

If a low-quality service is confirmed, the costs of paying for the examination are borne by the management organization.

The conclusion that a utility service is supplied in violation of quality standards is the basis for recalculating the rent. The official requirements for the quality of housing and communal services are given in the Appendix to the Rules for the Provision of Public Utilities, approved. RF PP No. 354.

The downside of the new law is that it abolished fines for low-quality housing and communal services in favor of consumers. Now you can only receive recalculation and compensation for moral damages from utility companies (if the case goes to court).

The Ministry of Construction explained how much utilities owe consumers if cold water flows from a hot tap

This issue is addressed in the letter of the Ministry of Construction dated June 29, 2021 No. 20156-OG/04.

If the hot water temperature does not rise above 40 °C, then the resource supplier must charge the cold water tariff for each hour.

If the hot water temperature is above 40 °C, but still does not reach the standard, then for every 3 °C deviation from the standard, the monthly fee for hot water should be reduced by 0.1% for each hour of such violation.

Let me remind you that according to sanitary requirements, the temperature of hot water should be no lower than 60 °C and no higher than 75 °C (SanPiN 2.1.4.2496-09). A deviation of a maximum of 3 °C during the daytime and 5 °C at night is allowed (from 0.00 to 5.00 hours). Large deviations already require recalculation.

The Supreme Court of the Russian Federation abolished the statute of limitations rules for disputes regarding recalculation of rent

By ruling dated September 23, 2021 No. 301-ES20-13171, the Supreme Court of the Russian Federation confirmed that the management organization in disputes with tenants regarding the recalculation of rent cannot refer to the omission of the 3-year limitation period.

The management company was obliged to recalculate the heating fee taking into account the readings of the common building meter (whereas they charged the fee according to the standard if the meter was working).

The initial period for recalculation was set at 2015, i.e. beyond the 3-year statute of limitations. According to the Criminal Code, the court should have recognized the recalculation as legal only for the last 3 years.

However, all authorities, right up to the Supreme Court of the Russian Federation, agreed that in such disputes the rules of limitation cannot be applied (since these are not civil law, but administrative legal relations). Recalculation must be made for the entire time when rent was calculated incorrectly.

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Is it possible to recalculate a pension after it has been assigned?

In automatic mode, the Pension Fund of Russia (PFR) will calculate the amount of payments only when the recipient reaches the age of 80, when he becomes disabled or when the length of service of those who continue to work increases annually. In all other cases, pension increases are made by application. A citizen’s right to recalculation is determined by Federal Law No. 400-FZ “On Insurance Pensions” dated December 28, 2001 and arises in situations:

Confirmation by the citizen of non-insurance periods of activity. One of the most common cases is an additional payment to women’s pensions for children (who were cared for for up to 1.5 years) or taking into account periods of military service for men.
Providing documents on earnings and unaccounted experience until 2002. Such a revision of the old-age pension will be beneficial for the recipient if initially the period of his working activity did not reach the maximum value at the time of dismissal. For the general case, this value is 45 years for men and 40 for women.
Recalculation of pensions for non-working pensioners, upon provision of evidence of work experience in the Far North and equivalent regions. The amount of the increase depends on the specific place of work; the procedure for returning seniority is discussed in detail below.
The appearance of dependents on the recipient of payments. The most common case is minor children, for whom a fixed increase in pension is assigned.
Availability of additional preferential length of service until 2002. Lists of professions for early assignment of pension payments have been legislatively approved. It indicates the minimum length of service required to retire.

Registration procedure

Both the pensioner himself and his authorized representative can apply for a review of pension payments. The algorithm by which the pension is reviewed includes the following steps:

Preparation of an application to the Russian Pension Fund. For such cases, there is a specially designed form to fill out.
Submitting a prepared application. Various options for this procedure and the composition of the accompanying package of documents are discussed below.
Consideration of the application to the Pension Fund. This is done within 5 working days (if there is no need for clarifications or additional documents, when the review period is counted from the time of submission of the last certificate).
The applicant receives the decision. If the answer is positive (the Pension Fund approves the adjustment/re-registration of the pension and its increase as a result of the recalculation). Accruals in the new amount will begin next month.

Application for pension recalculation

The form to fill out can be obtained from any branch of the Pension Fund or downloaded from the Pension Fund website. The following information is entered into the application:

The name of the territorial branch of the Pension Fund to which the pensioner applies.
Last name, first name, patronymic of the applicant, passport details, registration address and contact telephone number.
Individual personal account insurance number (SNILS).
Please recalculate the pension amount, indicating the reason for the adjustment.
Information about the applicant's work activity.
Data on the presence/absence of dependents.
List of attached documents.
Date, signature of the applicant.

There are several ways to submit a completed application and package of documents. It can be done:

On a personal visit to the Pension Fund.
With the help of an authorized person who will submit the necessary documents to the Territorial Branch of the Pension Fund. This person must have a power of attorney issued by the applicant.
Through MFC.
Online on the website of the Pension Fund or government services. In this case, it is necessary to register on these resources with the necessary confirmation (SNILS, passport data, etc.).
By registered mail (it is necessary to make copies of documents and have them certified by a notary).

What documents are required

This issue is regulated by Federal Law No. 210 “On the organization of the provision of state and municipal services” dated July 27, 2010. To recalculate your pension, the following documents are required:

Passport (to be presented personally by the pensioner or his authorized representative).
Certificate with insurance number of an individual personal account (SNILS).

Other documents for pension recalculation are requested only if the necessary information is not available in the pensioner’s personal file. It can be:

Certificate of family composition.
Documents confirming the applicant’s work experience (work book, certificates from the place of work, etc.).
Documents on the birth of children.
Certificate from the Medical and Social Expertise on the assignment (change) of a disability group.

The procedure for recalculating a pension includes consideration of the submitted application within 5 working days. If necessary, Pension Fund employees contact the pensioner and inform him what additional documents need to be submitted.

Recalculation based on length of service or earnings before January 1, 2002

When determining the amount of pension for a particular employee, the Pension Fund proceeds from the data at its disposal. At the same time, information about the length of service and earnings of citizens for the period before 2002 may be incomplete or absent altogether, which will lead to the accrual of payments in a reduced amount.

You can check the available information in your personal account on the Pension Fund website. If not all periods of work are converted into individual pension coefficients (IPC), then the citizen must provide documents confirming his earnings and length of service. It could be:

employment history;
certificate of wages;
archival data about work in a specific organization.

Adjustment of pension as a result of recalculation based on length of service or earnings before 2002 is called valorization. This process concerns not only pensioners, but also those who have yet to retire. These individuals are entitled to a 10% increase in their pension, and citizens with service before 1991 are additionally assigned 1% for each year worked before this date.

For the valorization process, the legislation does not establish any restrictions on the length of service. The calculation takes into account all work time that can be confirmed, including those exceeding the maximum indicators (45 years for men and 40 for women). For example, for a citizen who retired in 1995 and has a total length of service of 47 years, the increase will be 10% + 43% (for length of service before 1991) = 53%.

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Increase in pension for dependents

The state provides an additional payment to insurance pension payments if individual members of the recipient’s family are disabled and/or cannot provide for themselves financially. The category of dependents includes children, brothers, sisters and grandchildren of a pensioner:

minor age;
children and other relatives under the age of 23 are full-time students at universities in the Russian Federation or studying under international treaties with Russia.
the same persons without age restrictions with established disability since childhood.

A similar increase in pension is defined in Law No. 400-FZ. The amount of this benefit depends on the number of dependents:

for one - 1660.97 rubles (1/3 - here and below the part of the fixed payment is indicated);
for two – 3321.93 rub. (2/3);
for three or more – 4982.90 rub. (100%).

The dependent supplement can be paid to several pensioners at once, for example, it could be the mother and father of a minor child. Each of them must inform the Pension Fund about the current situation by providing a birth certificate and a certificate of cohabitation.

When is the counter procedure performed?

Special devices must be installed in apartments and private houses that read and record resource consumption.

Recalculation can be carried out in the following situations:

If the data from the meter does not match the indicators after verification by representatives of the management company. As a result, the payment will be reduced or increased depending on the specific indications.
When errors were recorded on the part of the installer during installation of devices.
The operation will be officially carried out if the organization can verify the throughput of the pipes. When it is not possible to determine when the incorrect indicators began, the fee will be charged for the previous 3 months.
When the inspection organization notices that the owner of the living space has somehow interfered with the operation of the device, for example, by breaking a seal that was left behind. In this case, recalculation will be made from the time when specialists installed the equipment on the pipe and sealed it. The reason is that the organization’s employees cannot accurately determine the date when the operational violation occurred. But the accrual period should not be more than 90 days from the date of recording the intervention.

The process can be initiated either by the owner of the living space or by suppliers from the management company who have the authority to carry out inspections of the measuring device.

Without counter

If a special meter is not installed in a private house or apartment, then recalculation is a difficult task. It happens that a person is admitted to the hospital, and he is charged a nominal fee. If the measuring device were in the apartment, then there would be no problems - the citizen actually does not consume services, which is what the sensor will show.

When a measuring device is not at home, there must be good reasons - it is technically impossible to install it in a specific room. If this is indeed the case, then recalculation can be carried out according to the same scheme as with the device.

Legal basis

Section 7 of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) is devoted to payment for utility services. In Part 2 of Art. 157 of the Housing Code specifies that water supply fees are calculated in accordance with the tariffs established by the region. Basic concepts in the field of water supply and sanitation are regulated.

The key link in regulation is the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings (Resolution No. 354). They establish the rights and obligations of the consumer and the seller, and provide a scheme for recalculating the amount of water charges.

Documents on the basis of which recalculation can be made

The consumer will need to submit an application. Documentation is attached to it:

flowmeter verification report;
certificate of measurement of hot water temperature;
a document confirming the fact of shutdown of water supply;
conclusion about inadequate water quality.

The consumer can also oblige the management organization to provide him with excerpts from the book of requests to eliminate violations.

Water recalculation if there are no meters and you were not at home

This procedure is possible if the tenant is absent from the apartment for 5 days in a row or more.
The rule is fixed in paragraph 86 of the Resolution under number 354. However, recalculation is impossible in relation to the needs of the common property of an apartment building. The tenant must submit an application to the management company or water utility. He must attach documentation to it proving the need to leave the city. The application may be submitted both before and after departure. In the second case, the document must be handed over to the contractor within a month after returning to the apartment. This requirement is fixed in paragraph 91 of Resolution 354. Recalculation is not made when the owners of the premises bear general expenses for gas supply, electricity supply and heating services.