Recalculation of water by meters: sample application, how to do it correctly, laws, judicial practice

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Yulia Kuprina

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The numbers on your utility bill do not always reflect actual water consumption. Sometimes the management company adjusts the amount upward based on the results of meter verification. Sometimes the reason is that the tenant incorrectly conveyed the testimony or a simple mistake by the utility workers. To recalculate your water bill using the meter, you must first determine the grounds for reducing the amount.

The apartment has a meter, but the management company charges fees according to the norm: reasons and algorithm of actions

The main regulatory act regulating the procedure for providing and calculating fees for utility services is Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, which contains the “Rules for the provision of utility services” (hereinafter we will call them Rules 354). Why can the management company charge for water according to the norm, and not according to the installed meter?

Paragraph 59 of the “Rules...” mentions that such a situation may arise if the water meter does not pass verification at the right time. Readings from water meters with an expired calibration interval are not taken into account. In this case, payment for utility services (in the first 3 months) is calculated according to the amount of average consumption for the previous period. The duration of this period is 6 months before the end of the verification period.
Another reason is damage to the seals on the meter. In this case, you will have to pay a fine of 200 rubles. If it is revealed that the damage is a consequence of illegal connection and use of magnets, then this is already a criminal offense, and the fine can be increased to 300 thousand rubles.
Another reason is incorrectly transmitted reading data to the resource supply company. This is the most harmless reason, and the situation is easy to fix.

Whatever the problem, the main thing to remember is that the recalculation is done strictly after checking the water meters. When it is determined that the meter is in working order and the verification period has not expired, recalculation measures will be taken. Ultimately, the amount is adjusted in two cases:

on the basis of an inspection report (verification) of a metering device or a protocol;
on the personal initiative of the consumer. In this case, it is necessary to write an official statement to the Criminal Code.

If the fee continues to be charged at the rate without taking into account meters, you will have to follow the instructions for the second case. The sequence of actions under such circumstances:

Make sure that the period for verification of devices has not expired. To do this, just look at the meter's passport. This is where the manufacturer indicates the calibration interval. If documents are lost, you should contact the management company for the necessary information. You can also make an official request and restore your passport from the manufacturer (this is usually a paid service and is not provided in all cases).
Once it turns out that verification of water meters is not required, you can proceed to the next step. To do this, you need to call specialists from the management company and draw up a report. It must record the exact readings of the instruments.
Register an official statement. Attach documents received after inspection of the meters by specialists. It will also confirm that the metering device does not need verification and is in good condition.
Submit an application to the settlement department of the management company.

The application must be reviewed within five working days. If the outcome is positive, the amount for utilities will be recalculated. The part that was overpaid will be transferred to the future payment.

An application for recalculation will be approved only if the verification period has not expired and the seals are not damaged. Otherwise, you will have to put the metering device in order or change it.

Preparation and procedure for filing a claim for recalculation in court

In 2021, it is possible to obtain from the management organization a recalculation of payments for housing and communal services based on a submitted application. If the Criminal Code does not respond to the appeal, and complaints to supervisory institutions have not brought results, a claim should be filed with the judicial authorities. Such actions will help restore violated rights and fairness in payment calculations.

Who is the defendant

The company servicing the apartment building recalculates payments for housing and communal services based on a written request from the owner of the property. The application should be submitted directly to the management company, RSO or HOA.

To determine the defendant for legal proceedings, it is necessary to take into account the selected management option:

MKD. As a rule, it is serviced by the management company or TSN, which is responsible for the maintenance of common property. If offenses occur on the part of a company or partnership, an application to the court is filed against one of these organizations.
Private home ownership. The defendant for improper provision of services and recalculation on this basis is the public utility - water utility, thermal power plant, SNT, DNP, etc.

In which court to file a claim - jurisdiction

Based on Articles No. 22 and No. 23 of the Code of Civil Procedure of Russia, the settlement of disputes related to the provision of utility services is carried out in court.

The jurisdiction of the case is determined by the cost of the claim:

less than 50,000 rub. – are considered by a magistrate;
if the specified cost is exceeded, the application is sent to the general jurisdiction authorities.

What costs will you have to incur when filing a claim - state duty?

There is no state fee to be paid for a claim for recalculation of debt on utility bills. This is due to the fact that the citizen acts as a consumer and does not initiate a property dispute.

According to Article No. 333.36 of the Tax Code of Russia, owners of residential premises are exempt from paying state duty when filing a claim for recalculation of payments for housing and communal services.

Required documents

How to read a receipt correctly.
In established legal practice and on the basis of current laws of the Russian Federation, a standard list of documentation has been established for initiating legal proceedings.

Having collected the specified package of papers, the citizen has the right to ask the executive authorities to hold the Criminal Code accountable:

Travel manifest – certificate, order to managers, etc.
Transport documents - train ticket, plane boarding pass, etc.
Certificate confirming temporary absence from the apartment (over 5 days):
invoice from the hotel;
temporary registration at residential address;
being under administrative arrest;
completing training in another city;
a copy of a diplomatic visa indicating stay outside the state;
from a dacha partnership;
other documents confirming the temporary absence of a citizen from the apartment.
An inspection report of a residential premises in case of improper or incomplete provision of utility services.
A photocopy of the agreement with the service organization.
Copies of receipts and checks for financial support for housing and communal services payments for 6 months.
Certificate of absence of debt for housing and communal services.
A copy of the pre-trial claim to the management company.
If available, a written refusal of the management company to recalculate the amount due.
Own calculation of the claim price.

For what period can a claim be filed and filing deadlines?

At the legislative level, a time limit for filing a claim with the executive authorities has been introduced. In view of this, experts recommend not to violate the established period and submit the application within 3 years. The countdown date is the moment when the citizen received information about the offense addressed to him.

Skipping this period is not critical, provided that the consumer can prove that it is valid. To do this, you must provide the court with documentary evidence and file a claim to renew the missed deadline. If there are grounds, the department will not be able to refuse the application.

The following valid reasons are taken into account:

long-term illness;
the occurrence of an emergency situation - military operations, quarantine, natural disasters, etc.;
business trip;
lack of up-to-date information;
other.

The exercise of the right to apply recalculation of utility payments out of court is subject to compliance with the deadline. Contact the management of the service company within 30 days of receiving information about the violation. An application can also be submitted before circumstances arise, for example, before departure, attaching supporting documents.

The Criminal Code will consider a written request within 5 working days. Direct recalculation for heating, light and water is carried out in the current reporting period.

What to do if you don't agree with your utility water bill

In accordance with paragraph 42 of Rules 354, the amount of payment for utility services provided in a residential premises equipped with an individual meter (that is, a meter), with the exception of payment for utility services for heating, is determined based on its readings.

Utility workers counted more than the water meter shows

If the amount of water used in the issued receipt exceeds the readings of the meter, the procedure will be as follows:

You need to contact the utility company and report the difference between the data in the receipt and the actual meter readings. In some cases, it is enough to provide photographs of the metering device, which allows one to examine the visual identification marks of the device (seal, name, number), as well as establish its integrity.
Call specialists from the resource supply company to your home so that they can inspect the metering device and draw up a report that will serve as the basis for further adjustments in the calculations.
The utility service provider must recalculate (in accordance with clause 61 of Rule 354). As a result, the subscriber must either adjust the amount of payment or take into account the amount resulting from overpayment for water when paying for subsequent periods. The recalculation amount must be reflected in the receipt that will be sent to the subscriber.

Incorrect readings were provided

In a situation where a subscriber transmits erroneous meter readings, you should proceed as follows:

If incorrect readings were transmitted once, you should transmit or report the correct data in any of the possible ways, while informing representatives of the utility organization about the error.
If erroneous readings were transmitted over several periods, you will need to call representatives of the resource supply company to your home so that they can inspect the meter and draw up a report.
Utilities will recalculate the fee based on the meter readings taken during the inspection. Overpaid funds will also be taken into account towards payment of future periods.

Poor quality services

If a consumer is provided with a low-quality utility service, the consumer also has the right to demand a recalculation of the fee. For example, in a situation where, due to an accident, there was no water in the house for a long time. In accordance with state Sanitary Regulations and Regulations, the duration of the interruption in the provision of a utility resource is determined, as well as the requirements for the constant composition and pressure in the water supply system.

If these indicators are violated, the amount of water payment for the billing period is subject to reduction until the consumer is completely freed from the need to pay for such a service (clause 98 of Rules 354).

The algorithm of actions will be as follows:

Submitting a corresponding statement regarding the provision of low-quality services and a request for recalculation.
Waiting to receive notification from the resource supplying organization about the measures taken, as well as the need to participate in the investigation of the reasons for which the situation of providing a low-quality resource arose.
Receive the results of the investigation in your hands, indicating all actions taken, measures taken, as well as recommendations.
Waiting for recalculation.

In some cases, it may be necessary to re-submit an application for recalculation of the amount payable; it all depends on the document flow of a particular utility company.

The next situation in which recalculation is possible is when hot water does not meet established standards. In this situation, you should be guided by paragraphs 5,6,7 of Section II of Appendix 1 of Rules 354. The procedure will be similar to the above.

Network repair

The situation with network repairs is ambiguous, since it will be possible to demand a recalculation of the amount payable only if the provisions of Appendix No. 1 of Rule 354 are violated, namely:

in case of accidents, the interruption in water supply is more than 8 hours in total for one month;
the break is more than 4 hours in a row when cold water is supplied and more than 24 hours when there is no hot water.
During planned pressure testing, the duration of hot water shutdown is no more than 14 days per year, and consumers must be notified 10 days before the shutdown.

If deadlines are violated, the fee is reduced by 0.15% for each hour exceeded. If there are water meters, the fee for missing hot water supply or hot water supply will not be charged in any case. Therefore, there is no right to demand a recalculation: in any case, you do not pay for a service not provided.

The emergence of controversial situations and their resolution

Despite numerous acts and legal documents, as well as norms, consumers continue to face unlawful actions on the part of the management company. Often the owner, when requesting a recalculation of heating fees, receives an unmotivated refusal.

Insulation of housing stock

When to request a recalculation for housing and communal services.

The Housing Code and PP No. 354, 491 indicate that it is necessary to distinguish between the concept of space inside an apartment and the common property of an apartment building. Thus, the management company is responsible only for the house as a whole, but is not authorized to monitor intra-apartment comfort. However, in both cases, maintenance is carried out at the expense of the owners.

The insulation of a separate room is carried out independently by the owner. But if there are complaints from the majority of apartment building residents about the cold in the rooms, an inspection is carried out. When non-compliance with standards is established during the activities, a recalculation is made for heating services, provided that the owner has taken measures to insulate the facility.

Air in risers

If there is air in the resource supply system, recalculation is often not done, since the management company employees deal with the problem on a regular basis. But if these procedures are not carried out, then the owners have the right to demand an adjustment of payment in receipts.

Procedure for flushing heating radiators

As a rule, such a clause appears in the contract for the maintenance of an apartment building. This is due to the fact that heating is a common phenomenon if radiators made of cast iron are installed. The management company is obliged to provide the owners with a systematic supply of heat (24/7) of appropriate quality during the season. Therefore, such a procedure is included in the contract with the management company and, often, does not require recalculation.

What to do if they refuse to recalculate water bills

Cases of refusal to carry out recalculation are not uncommon. Very often, utility companies unreasonably ignore the need for recalculation.

To prove that you are right, you need to receive an official refusal from the resource provider, containing the reasons and grounds. Next, with the received paper and available documents, you can apply for protection of your rights to the following government authorities:

State Housing Inspectorate of the Russian Federation.
Rospotrebnadzor.
Prosecutor's Office of the Russian Federation.

To substantiate your case, you will need to attach all supporting papers and calculations made. The result of the appeal will be an investigation initiated by the government agency, as well as a decision made based on its results.

If it is not possible to receive a paper with a refusal to recalculate, or utility workers simply ignore receiving an application from the consumer, in a complaint to the supervisory authority it will be possible to indicate this information, and also add that the recalculation is not carried out unmotivated and unreasonable.

The final authority where you can turn to protect your rights will be the court. However, filing a statement of claim there must already take place according to the standards established by the current Code of Civil Procedure of the Russian Federation. Judicial practice on this matter is quite extensive and very often courts oblige companies to recalculate.

Reimbursement of sick leave supplement from the Social Insurance Fund in connection with recalculation

Reimbursement of expenses for additional payment of benefits occurs in the same way as reimbursement of any other social security - by submitting the appropriate set of documents to social insurance, incl. application and certificate-calculation with a sick leave certificate attached, to which the employer first makes corrections, specifying the amount of average earnings and the amount of benefits.

You can find a sample statement of calculation for sick leave here.

In the information “Compulsory social insurance in case of temporary disability and in connection with maternity (question and answer),” social insurance explains that if an individual cannot obtain a certificate from a previous employer, then the current employer, at the request of the employee, can send a request to the Pension Fund of the Russian Federation to obtain information about past income. Based on information from the Pension Fund, you can calculate the benefit, and such benefit will be recalculated by the FSS.

Sample applications

A sample (form) application for recalculation of water by meters can be downloaded HERE

If the hot water was not actually hot (that is, the service was of poor quality), a recalculation can also be made. Sample application HERE.

The very fact that there is a water meter in the apartment does not always guarantee payment according to its data.
This is influenced by a number of reasons that the consumer may encounter. In such circumstances, the main thing is not to worry and act according to the presented algorithm. The problem can be solved quickly and successfully. Useful article? Rate and share with friends!

Complaint to the prosecutor's office against the management company for illegal charges, sample

Sometimes situations occur when a written request for a recalculation remains unheard by the management company. In some cases, such a refusal is lawful (for example, the minimum period of temporary absence has not been met, supporting documents have not been submitted, etc.). However, residents of apartment buildings often end up overpaying for one or another utility service due to the reluctance of management company employees to provide recalculation.

In such a situation, an effective tool of influence is to contact the prosecutor's office. However, the following rules must be observed:

before complaining to this department, you must send a written complaint to the Criminal Code, and if the addressee ignores it, contact the State Housing Inspectorate or Rospotrebnadzor;
your appeal should be sent to the district prosecutor's office.

In general, a complaint about incorrect calculation and collection of utility bills (due to failure to provide a recalculation) is drawn up in any form. However, it must clearly and clearly express the essence of the requirements and claims against the violator.

Upon receipt of a signal, prosecutors will conduct an investigation into the violator. If the fact of incorrect calculation of payments for housing and communal services is revealed, he will be held accountable.