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If you live in a house where a communal gas meter is installed, and you notice that the costs of paying for blue fuel in receipts have risen sharply and unjustifiably, you should report the situation to the Housing Office. Perhaps your fears are justified, and the reason for the increase in bills was the unauthorized connection to the gas system of one of the unscrupulous residents. This act is illegal and is punishable by monetary penalties and more.
What applies to unauthorized connection
The connection is made by tapping into the gas pipeline, otherwise it will not be possible to redirect this resource to the right place. However, the tapping itself is not illegal, since it is just a way of directing gas to the consumer. The following circumstances make it illegal:
- It is produced without an agreement with the gas supplier.
- Installation or dismantling is carried out by persons who do not have the right to do so.
- The resource provider company was not properly notified.
The procedure for connecting gas to a house or apartment
There are slight differences between connecting gas to a house and an apartment. If in an apartment only gas equipment is connected, for example, a stove, then in a private house the connection is made by inserting an additional pipe into the main one.
However, the general procedure is suitable for both cases and consists of several steps:
- Find the nearest gas or specialized organization that has the necessary licenses. Usually it is the gorgaz, which is obliged to do this. In Moscow, for example, Mosgaz.
- Visit it and leave a request to connect. If the organization has a website, then such an application can probably be submitted online, on the Internet.
- At the specified time, a specialist from the organization will come to you, who will do all the necessary work. However, it does not always end with one visit to this specialist. There are times when it is impossible to carry out all the work on the specified day. This could be due to weather conditions or because technical difficulties have arisen, such as problems with a gas pipeline.
- Upon completion of the specialist’s work, pay for the installation of the necessary devices and other work.
Fine for unauthorized connection of gas and stove
All citizens cannot independently connect to the gas pipeline. If a gas consumer connects without the permission of the organization that supplies the population with blue fuel, such a connection is called unauthorized.
Connecting a private house
If a violation is detected, the fuel supply is immediately stopped and Gorgaz must take measures to eliminate the problem and punish those responsible.
In addition to the fine, the offender will have to pay an increased price for gas, which is calculated depending on the capacity of the illegally used gas equipment and its round-the-clock operation from the date specified in the resolution on the illegal connection.
If it is difficult to determine the date from which the violations began, the price for gas is calculated from the date when the last inspection was carried out.
The Administrative Code states that the operation of a gas stove for individuals will entail a penalty of 10–15 thousand rubles. Cafes, restaurants, private firms and other legal entities must pay 100–200 thousand rubles.
Subtleties
Lawyers argue that in practice one can notice legal incidents in the Code of Administrative Offences. The Code prescribes measures in case of violation, but does not take into account specific equipment. Studying the cases, we can conclude that most often household consumers are held accountable for unauthorized connections to the gas pipeline.
Disabling unauthorized tapping
Regardless of whether the stove was used or the citizen illegally moved the gas water heater, he will pay 10-15 thousand rubles. For such actions, a preliminary design and permission from the gas service are required. This also applies to the use of a gas cylinder and fireplaces in a house, bathhouse or apartment.
Illegal tapping into a gas pipeline liability
For these illegal actions, Russian legislation provides for two types of liability: administrative (Article 7.19 of the Administrative Code) and criminal (Article 215.3 of the Criminal Code).
Fine for unauthorized connection of a gas boiler, stove, fireplace and other equipment
The fine for such actions is provided for in Article 7.19 of the Administrative Code. Depending on the person who carried out these illegal actions, the fine in 2021 is:
- for citizens – 10,000-15,000 rubles;
- officials - 30,000-80,000 rubles;
- for organizations – 100,000-200,000 rubles.
A person who has already been subject to an administrative penalty under the article in question, and who has repeatedly committed these actions, is subject to criminal liability. In this case, one of the penalties may also be a fine of up to 80,000 rubles or in the amount of other income for up to 6 months.
In addition to the above, gas workers charge penalties in the amount of use for non-payment of consumed resources.
Unauthorized connection to a gas pipeline - what does this mean?
Cutting into a highway or illegal connection, for example after disconnection for non-payment, is punishable by law. People are trying in any way to save on gas. They can rip off a plug or seal or cut into a pipe.
In the village
Responsibility for such activities can vary: fines of a certain size depending on the severity of the violation and even imprisonment.
It is important to remember that unauthorized intervention in a gas pipeline can have serious consequences, therefore, according to the law of the Russian Federation, all actions must first be negotiated with the gas service.
If it is discovered that a citizen is illegally using resources without a gas meter, then what fine he will pay depends on the severity of the violations.
Is it possible to place a gas cylinder in an apartment?
In order to answer this question, let us turn to the Decree of the Government of the Russian Federation “On the fire safety regime” (together with the “Fire safety regulations in the Russian Federation”). According to the provisions of this document, namely Article 92, it is of course possible to use a gas cylinder in an apartment, but there are some nuances.
There must be one cylinder located in a residential building and not exceed 5 liters in volume. Otherwise, according to the rules, he is required to be outside the building in a special annex.
How to turn off an illegal gas connection to a bathhouse
Turning off the gas on your own, even if it is an illegal connection and you act with extreme caution, is strictly prohibited. We are talking about an explosive gas. One wrong move can lead to tragic consequences.
Disconnection should only be carried out by gas service specialists. You can call them by contacting the gas organization with which you have an agreement for the supply of this resource.
The organization will send a person, he will check the legality of the connection and, if it is illegal, he will draw up a report on this (details below). After this, the owner of the residential premises to which the gas is supplied will receive a notice to eliminate the violation. The person who breaks it must call specialists to eliminate it.
Violation of the rules for operating a gas water heater
During the next inspection, a technical malfunction of the devices may be detected. If the device does not meet the standards for safe operation, the gas organization has the right to suspend the supply of fuel. There are no penalties for this, but all costs associated with disconnection are borne by the subscriber.
Owners of geysers must follow the basic rules for using the equipment in terms of controlling normal air exchange and keeping the device clean. The consumer also undertakes not to cover taps, gas pipes and hoses with furniture.
Article 9.23 of the Code of Administrative Offenses of the Russian Federation states that for the absence of a maintenance agreement, the subscriber is obliged to pay from 1 to 2 thousand rubles. For refusal to perform regular maintenance and inspection of gas equipment in a residential area, sanctions in the same amount are provided.
To install the water dispenser, you can invite not only the gas service, but also any organization that has a license to carry out such work.
At the end of the service life of the column, the company carries out diagnostics of the device, suspending gas supply. As a result of the inspection, an order is issued to replace the device or permission for further operation.
Repeated recording of violations specified in Article 9.23 of the Code of Administrative Violations of the Russian Federation entails an increase in the amount of sanctions from 2 to 5 thousand rubles. There is no liability for the lack of meters when using geysers.
If you are not satisfied with the terms of your gas contract with the service organization and you are planning to terminate it, we recommend that you familiarize yourself with the termination procedure and the pitfalls of this process.
Act on unauthorized gas connection: who draws it up, its essence
This document certifies the fact of illegal connection to the gas pipeline. It marks the place where this happened and the time of detection, as well as the method of connection. This document must be drawn up by a representative of the organization providing the resource or management company.
Such rules are spelled out in Article 62 of the Decree of the Government of the Russian Federation “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (together with the “Rules for the provision of utility services to owners and users of premises...”).
Is it possible and how to appeal an act of unauthorized connection?
It is possible to appeal this act. However, you need to take into account that the gas organization is not a government body and therefore you cannot immediately sue.
There are two ways to appeal: pre-trial and judicial. First, you need to act in a pre-trial manner, namely: draw up a claim and send it to the organization. For example, if gas is supplied to you by Gazprom, then the claim should be sent there. It should indicate all the reasons why the drafted act should be cancelled. Such grounds include:
- Lack of notification of an inspection. These grounds are valid in the case where access to a specific premises is required for inspection. You can't get into it without the owner;
- Conducting an inspection by an incompetent person. As already mentioned, the act is drawn up by a representative of the providing organization. No other person can do this;
- Refusal to include objections and comments in the act.
If the organization refuses to cancel the act, the claim will have to be considered in court. You need to draw up a statement of claim, indicating how, when, by whom the inspection was carried out, what you do not agree with and what you want to achieve during the trial, and attach all available evidence and necessary documents to the claim.
The nuances of fraud with counters
Many people are interested in what fines they have to pay for the gas meter if the seals are deliberately broken or various devices are used to reduce the readings. Fraud can consist of various actions:
- turning off meters, which leads to underestimated indicators;
- blocking the device mechanism, for which special magnets or other similar devices are used;
- dismantling the metering device while the gas supply contract is in force.
All of the above actions are illegal, so violators will be subject to severe penalties.
Is there criminal liability for unauthorized tapping into a domestic gas pipeline?
It has already been said above that in addition to administrative liability, a violator can also be brought to criminal liability under Article 215.3 if he has an “administrative record” for unauthorized connection. The offender may be sentenced to:
- a fine of up to 80,000 rubles or in the amount of wages or other income of the convicted person for a period of up to six months;
- compulsory work up to 360 hours;
- correctional labor for up to 1 year;
- restriction of freedom up to 2 years;
- forced labor for up to 2 years;
- imprisonment for up to two years.
This liability also applies if an illegal connection is made to the main line.
In addition, paragraph “b” of Part 3 of Art. 158 provides for liability for theft from a gas pipeline. This article can be applied only if elements of theft are detected in a person’s actions.
Fines for theft in an apartment building
Even in apartment buildings, people often install an additional line from the gas main, which allows them to use gas without paying. Usually neighbors notice such violations, so they contact the housing department or supervisory authorities with complaints.
Such actions lead to the fact that the gas may explode, therefore creating a danger to the health and life of people, as well as to their property.
Regardless of the amount of gas stolen, the perpetrators will be prosecuted. Additionally, the gas service will require compensation for damage caused as a result of unauthorized gas connection. Its size can reach 35 thousand rubles.
Do they have the right to turn off the gas if there is no maintenance agreement?
Shutting off gas due to non-conclusion of this service agreement is legal. This is evidenced by the provisions of the Decree of the Government of the Russian Federation “On measures to ensure safety when using and maintaining indoor and in-house gas equipment” (together with the “Rules for the use of gas in terms of ensuring safety ...”), namely Article 80. This is due to the fact that gas appliances become unusable, such as geysers and hoses, and this can at least lead to a leak. Maintenance and replacement are carried out by gas workers.
In fact, this Resolution obliges gas consumers to enter into these agreements.
Gas theft through illegal connection to gas networks leads to an increased risk of creating a fire hazard. Gas suppliers themselves are experiencing enormous damage, since they actually supply the resource to “violators” for free, and other consumers are experiencing problems with supply due to illegal tappings. The procedure for official and legal gasification, although not free, is safe both for the individual connecting the gas and for other consumers living nearby.
Unauthorized replacement and transfer of a column
As we have already found out, various types of punishments are provided only for independent work with gas. Next, we’ll look at what the consumer faces from unauthorized replacement or relocation of the dispenser.
What are the risks of replacing the column yourself?
We have found that the consumer has the right to carry out installation and dismantling of an unattached device independently or to involve third parties.
Clause 10 of Section II of the Decree of the Government of the Russian Federation dated May 14, 2019 N 410 establishes that the replacement of in-house or in-apartment equipment must be carried out by a specialized organization.
Independent manipulations with the replacement of gas equipment, in particular the water heater, will entail a number of consequences.
So, according to Art. 7.19 of the Code of Administrative Offences, a fine of ten to fifteen thousand rubles will be assessed, civil servants will be subject to sanctions in the amount of 30-90 thousand rubles, and penalties of 100 to 200 thousand rubles will be applied to business entities.
A Art. 38 of Federal Law No. 69-FZ “On Fire Safety” dated December 21, 1994 states that property owners may be held administratively or criminally liable for violations of fire safety.
It is prohibited to install a geyser in rooms where household members stay for a long time, for example, resting or sleeping
Violation of the rules for using gas at home in terms of independently replacing gas devices leads to liability under Article 165 of the Criminal Code of the Russian Federation .
For property damage caused, punishment is provided in the form of a fine for unauthorized replacement of a gas water heater of up to eighty thousand rubles or the amount of the basic income of the convicted person with imprisonment for up to 24 months. Other types of influence may also be applied - correctional labor for up to two years, with arrest for up to 12 months.
Consequences of unauthorized column transfer
The process of dismantling and reinstalling a water heater is not complicated. But unauthorized removal of a gas water heater will be regarded as an offense .
The extent of liability and the amount of penalties depends on the assessment of the unlawful action. Thus, the amount of sanctions for an administrative offense, according to Art. 7.19 of the Code of Administrative Offenses of the Russian Federation, ranges from ten to fifteen thousand rubles.
But paragraph “b” of Part 3 of Article 158 of the Criminal Code of the Russian Federation defines criminal liability for moving a water heater if illegal actions led to damage to property or death (for example, if the water heater exploded and there were casualties). In this case, the fine for moving a household geyser can range from one hundred to five hundred thousand rubles. This type of offense is also punishable by arrest for up to six years, or forced labor for up to five years.
To fasten the structure yourself, you will need a drill with a set of drills, anchors, screws, and a laser level.
Before starting work, the consumer should consider the following:
- unauthorized transfer may serve as grounds for turning off the gas supply;
- installation of the water heater is prohibited on supporting structures;
- transfer is possible only if the distance from the original location does not exceed 1.5 meters;
- To install the device on another wall, you must apply to change the technical documentation.
It is also possible to legalize the already completed transfer of a geyser - just go to court or collect documents, a list of which is given in Article 26 of the Housing Code of the Russian Federation.
