At whose expense are collective (common house) metering devices for consumed utility resources installed? Common house metering devices in apartment buildings: who should install, pay for Installation of common building heat energy metering devices law

After the division into individual consumption and general house needs (GDN) came into force, regardless of the procedure for managing apartment buildings, residents pay separately for utilities and separately for services for GDN. However, if there is a common house meter for hot and cold water Residents pay ODN according to the readings of the general meter, and no charges should be made in excess of the specified amount.

The stated advantages of installing a common house water meter include the following:

  • in the event of a loss of part of the water resources on the highways and when leaks of heat and water supply occur, residents of the houses should not compensate for the losses from their own pockets,
  • service local area(for example, watering lawns) also comes under the control of residents.

However, these advantages do not remove the main objection: if different consumers spend different amounts of common resources, then why should everyone pay the same arithmetic average amount, and is it possible to avoid such “inequality” without violating the law. No less frequently asked question: who should pay for the purchase of communal water meters.

Legal requirements: clarification

Federal Law (No. 261-FZ) “On Energy Saving” in part 5 p. 13 presupposes the mandatory installation of communal cold and hot water meters, assigning responsibilities for the acquisition and installation to management organizations and owners. Responsibility for safety and functionality also rests with them. Article 158 " Housing Code RF” establishes the responsibilities of residents with regard to compensation for the costs of maintaining the common area.

There are two types of owners:

  1. Owners of residential premises (apartments) in apartment buildings– owners who have privatized the apartments with a certificate of ownership.
  2. Municipalities as owners of property rights apartment buildings. The Municipal Property Department, which manages these houses by concluding contracts, delegates the right to:
    • management companies,
    • directly to apartment owners (depending on the chosen form of management).

Since the owner apartment building is considered a municipality, it is assumed that it should finance the purchase and installation of communal water meters. Moreover, if during a meeting of residents you refuse the proposal management company or HOA for installation, then by law they still must install a water meter, but at their own expense. Thus, in this interpretation, the law does not prohibit apartment owners from making a consolidated decision and financing the purchase of a water meter, but does not require it.

However, a significant part of network lawyers and representatives of municipal property management understand “owners” to be the owners of apartments in apartment buildings. Accordingly, in their explanations, financing responsibilities are also assigned to them.

In this interpretation, the amount for installation is divided between residents proportionally in accordance with the size of the living space.

At the same time, Law No. 261-FZ preserves the right of apartment owners to pay in installments. In this case, the payment is divided over five years, starting from the moment of installation and receipt of the payment receipt. Repayment of the installment plan is carried out in equal installments. However, in addition to direct payment, the owner will also have to pay interest for the installment plan. Their size corresponds to the refinancing rate of the Central Bank of the Russian Federation, which is valid on the day the payment is calculated. This interest amount includes:

  • costs associated with transferring money,
  • expenses aimed at maintaining information systems(these include resources that process data on current payments and store them),
  • the cost of sending correspondence and payment documents throughout the entire installment period.

By law, common house water meters are part of the common property and, starting from the moment of installation, resource consumption begins to be calculated in proportion to the area of ​​the apartments in an apartment building. Payment for municipal housing is carried out by the municipality, for a privatized apartment - by its owner. Moreover, if there is a non-residential premises (for example, a store on the ground floor), ODN are distributed to this area. The legality of the proportional division of services into ODN is enshrined in the decision of the Supreme Court of the Russian Federation No. AKPI12-1277.

Meter installation and pricing

The cost of installation depends on:

  • on the number of homeowners and availability commercial organizations in the house,
  • the presence/absence of a separate line for cold and hot hydraulic flow, which implies the need,
  • input diameter,
  • complexity of equipment and installation work,
  • pipeline wear and other factors.

For a common house meter for cold and hot water average price purchase and installation is about 100-150 thousand rubles, and the amounts can vary from 60 to 300 thousand rubles.

Installation of a common house cold and hot water meter is carried out in compliance with the procedural rules and capabilities:

  • Since the management company does not have the right to install a meter without the knowledge of the resident, all of them must be informed as fully as possible about the feasibility of this procedure. Typically this happens on general meeting, where, in addition to explanations about the installation procedure and the features of the water meter, contractor options are offered.
  • In a HOA, when voting, a decision is considered adopted by a majority of votes, while opponents of the decision still become participants in the collection of funds.
  • Owners can independently choose the company that offers the most favorable working conditions. Most often, such a company asks to provide signed applications for the installation and acceptance of hydroflow metering devices.
  • House management representatives can offer payment options:
    • through direct fundraising,
    • allocation of funds from the fund overhaul(the most common method),
    • by concluding an agreement with a resource supply company on the purchase and maintenance of a meter with installment payments.
  • An agreement for the supply of resources can be concluded either directly with the supplier or through the chairman of the HOA or the management company.

In the event of a complete refusal to purchase a common house meter, the organization initiating the process may submit a statement of claim to the court. In most such cases, the court imposes penalties on the plaintiff and orders the purchase of a communal meter. The management company also faces penalties if it fails to notify the owners of the need to purchase an accounting device.

Types of popular public meters

IN multi-storey buildings Most often, turbine water meters are installed on flange connections with a nominal diameter (DN) of 40-150 mm. More often, dry-running models are chosen, in which the counting mechanism is isolated from contact with flowing water and is not damaged by hydraulic flow with debris and impurities. Most of these devices are available in two versions for cold and hot water, and the price of the meter is also affected by the permissible temperature limit.

Features to pay attention to:

  • width of flow ranges,
  • the ability to remove the sealed mechanism without emptying the pipeline,
  • possibility of installation on vertical, horizontal and inclined pipelines,
  • swivel mechanism for easy reading,
  • the presence of external adjustment for taking metrological parameters,
  • availability and quantity pulse outputs, and their adaptability to configuration with various sensors.

The general trend illustrates the growing interest in household appliances with temperature sensors that record both the volume of flow and the amount of thermal energy. When configured, such a device can perform calculations with different coefficients depending on the temperature of the hydraulic flow. For example:

  • flow +50 C and above will be taken into account with a coefficient of 1,
  • +45-49 C – 0.9;
  • +40-44 C – 0.7;
  • up to +40 C – consumption is not taken into account, since such a resource does not meet the specified standards.

With all apartment owners sharing proportionally in paying the bills, residents quickly learn to save, starting with the purchase of various modified water savers (for example, http://water-save.com/) and ending with the abandonment of some wasteful household habits.

Household metering devices (CDMU) are quite important for monitoring the consumption of energy resources, gas and water by homeowners. Based on their testimony, authorized persons can verify the accuracy of information from their database.

The legislation clearly regulates the mandatory installation of meters and the rules for their operation, however, there are many misunderstandings around this practice on the part of ordinary citizens.

In order to understand the question of who should pay for the installation of communal metering devices, and other nuances of the topic under consideration, we strongly advise you to pay attention to the material presented below.

The legislation of the Russian Federation requires apartment owners to equip their houses with communal metering devices. Photo No. 1

Absolutely any sphere of life of a citizen of the Russian Federation is regulated by the relevant legislative act. As for the procedure for installing the ODPU, it is not so complicated in terms of plan, but it is filled with a considerable number of nuances.

Considering this topic under different angles, you may need to refer to some Federal laws and the Housing Code of the Russian Federation (LC RF).

Summarizing what is presented in regulations information, we can highlight the following most fundamental concepts related to the topic we are considering:

  • All owners of houses, apartments and other residential premises undertake to equip their homes with metering devices for all resources provided to them as housing and communal services. The entire process of installation, operation and payment for work is undertaken by the homeowner. In the absence of an ODPU, the owner will be subject to an increased rate for paying utility bills (up to 1.6 on the total amount payable) until the devices are installed (Federal Law No. 261 and 344).
  • The owner undertakes to bear all the costs of maintaining his home, as well as to participate in the process of paying for the costs of maintaining common property (applicable for apartment buildings) - Housing Code of the Russian Federation.

As you can see, the legislative framework The topic of installing ODPU is quite accessible and well explained. However, it is worth understanding that the above presents only the main legislative provisions relating to the issue under consideration. In a number of situations, a strong “deepening” into legislation simply cannot be avoided.

Who should pay for the installation of ODPU

At whose expense is the installation of ODPU in apartment buildings paid? Photo No. 2

Based on the information presented earlier, it became clear that all costs for installing the ODPU are borne by the homeowner. In the case where the house is private, the situation is extremely simple: he must contact the relevant companies in order to organize the installation of the necessary meters, and after the work is completed, pay for them.

However, what should residents of apartment buildings do?

In this situation, issues of payment and installation of DPPU are resolved in a slightly different way. Firstly, each owner of an individual apartment (or several owners) undertakes to pay for and organize the installation of meters specifically for their home. This practice is individual and is carried out in order to take into account resource consumption in a particular home.

Secondly, it is necessary to determine whether all residents of the apartment building agree to install a common meter. This practice is not mandatory, but after its implementation, all residents of the house will receive a number of privileges:

  • full control of resource compliance with the norm;
  • full control of the presence of any leaks on a general house scale;
  • prevention of potential problems associated with leaks and other shortcomings with housing and communal services on a general building scale;
  • the opportunity to significantly save on resources.

Payment for the installation of ODPU in apartment buildings is carried out on behalf of all homeowners by prior agreement and general collection of the necessary funds.

The procedure for making decisions on installing meters and paying for work

The procedure for making a decision and installing the ODPU. Photo No. 3

The decision to install metering devices must be made by the owner or all owners collectively (if there are several of them or we are talking about installing a public control system for an apartment building). It is worth understanding that installing counters for any type of consumed resources helps:

  • pay for the amount of resources that were actually consumed;
  • save on housing and communal services payments, since recalculations due to the loss of resources “on the way” to the home are eliminated;
  • clearly record any loss of resources.

At the moment, the installation of communal metering devices is not mandatory, but in their absence, the government has every right to charge for resources with a slight increase (up to 1.6 of the total amount).

Recent laws regulated the obligation of the housing management company (HMC) to carry out timely and periodic notifications to residents of both private and apartment buildings so that they think about installing ODPU.

In the case of a private house, he himself determines whether a meter is needed or not. If you want to install it, he organizes the installation work and pays for its implementation. If the question of determining the need to install an ODPU arose before the residents of an apartment building, then they need to:

  1. Hold a meeting of residents and determine whether ODPU is needed or not.
  2. Notify the BEETLE of your desire to install the device or abandon this practice.
  3. If necessary, organize work and collect money (equally from each resident) to pay for the installation of the DUPU.

After installing the ODPU, it must be monitored by the ZhUK, and the data from its accounting will be available to all residents.

The nuances of paying for the installation of ODPU

How to pay for the installation of ODPU? Photo No. 4

When deciding to install an ODPU, you need to take into account some installation costs. More precisely, they are as follows:

  • Payment for the work is carried out from all owners of the apartment building in equal amounts.
  • At the suggestion of ZhUK or the company that supplies resources to a particular house, residents can pay for the work in installments.
  • The period for which residents must pay the installments has a maximum limit of 60 months. More precisely, it is installed in the corresponding .
  • Installment plans can also be arranged when installing a meter in a private house.
  • In some situations, additional fees for all residents of an apartment building can be avoided. For example, if the total budget for home renovation, collected by the same residents, allows for the installation of an ODPU at the expense of funds taken from it.
  • If there are programs for free installation of ODPU in a particular region, residents of an apartment building can take advantage of it and carry out the installation completely.

It is worth taking into account the above nuances of paying for the installation of metering devices, because some of them can help save considerable money.

Features of the procedure

Rights and obligations of apartment owners in multi-apartment buildings. Photo No. 5

In conclusion of today’s article, our resource decided to present some features of the ODPU installation procedure, which are one way or another interesting and important to consider:

  1. ZhUK is obliged to notify residents about the possibility and feasibility of installing metering devices. If she does not do this, then she must be punished in accordance with the legislation of the Russian Federation.
  2. In some situations, if residents refuse to install metering devices, penalties may be imposed on them (based on the position of the local municipality regarding the organization of installation of metering devices).
  3. Funds to pay for the installation of metering devices can be taken from the general budget collected by residents for home repairs. However, if such alienation of funds from the budget makes it impossible to carry out any other repair procedure, then residents will have to separately raise funds for the installation of ODPU.
  4. After installation of metering devices, residents of an apartment building or the owner of a separate home are obliged to pay for the work of the installation company. If they refuse payment, then certain provisions of the law apply to them, which determine the punishment for such offenses.
  5. Any problems related to the installation of OPDU can be resolved through the court in the appropriate judicial manner.

In general, the material presented above fully covers the topic related to the installation and payment of common household appliances. We hope the information was useful and gave you answers to many questions.

You can learn more about the benefits of installing communal heat meters and automated heating points from the video:

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31 Jan 2017 392

Discussion: 7 comments

    We were unlucky, in our region there is no program for the free installation of ODPU, but the municipal unitary enterprise “Teplo” gave us an installment plan, though not for the maximum five years, but for two, which is also not bad. Line on the receipt, kopecks monthly.

    Answer

    We also decided to install a meter at the entire entrance and collected money for it from all residents. Maintenance is also our responsibility. But I can say it's worth it. The savings are significant.

    Answer

    1. The obligation to pay for communal meters is legally imposed on homeowners. Expenses include both the purchase price of the meter itself and the cost of its installation and maintenance. As a rule, management companies give residents the opportunity to purchase metering devices in installments, taking on the burden of purchasing an expensive device. If the decision of the majority of residents of the house is positive, minutes of the meeting are drawn up and submitted to the management company. Even if one of the residents refuses to pay for the meter, even with the condition of the provided installment plan, the savings for the residents will be significant. The management company may bear part of the costs.

Energy efficiency is fashionable. For this you can receive praise even from the head of the Ministry of Construction himself. And it is necessary and even profitable to engage in energy efficiency in small apartment buildings, since the opposite will lead to losses and fines. Don't believe me? Especially for you, the state in 2017 prepared a “gift” in the form of an obligation to supply general house thermal energy meters to apartment buildings, the maximum volume of thermal energy consumption in which is less than 0.2 Gigacalories per hour.

Many of you know that in apartment buildings, the maximum volume of thermal energy consumption in which is less than 0.2 Gigacalories per hour, common house metering devices (hereinafter referred to as UDPU) according to thermal energy there is no need to set. This, they say, is stated in the Federal Law of November 23, 2009 No. 261-FZ “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts Russian Federation"(hereinafter referred to as -261-FZ).

I hasten to upset you, but this is no longer the case.

Valid from July 31, 2017 new edition 261-FZ. According to clause 8 of Article 13 261-FZ, owners of premises in apartment buildings whose maximum consumption of thermal energy is less than 0.2 Gcal per hour, O are obliged to ensure that such facilities are equipped with metering devices for used thermal energy, as well as input installed devices accounting for operation.

In the new edition of 261-FZ, before July 1, 2018, resource supply organizations are required to submit proposals to the owners of premises in apartment buildings (with direct contracts) or management organizations (HOA) to equip apartment buildings with a maximum volume of thermal energy consumption of less than 0.2 Gcal per hour with metering devices used thermal energy (clause 10 of article 13 261-FZ).

In turn, management organizations and homeowners associations are obliged to inform the owners of premises about proposals received from the RSO for the installation of ODPU. (Clause 10 of Article 13 261-FZ).

Please note that if the management organization (HOA) fails to notify the owners of the premises about the RSO’s proposals for installing ODPU, The management organization (HOA) may be held liable under clause 5 of Article 9.16 of the Code of Administrative Offenses of the Russian Federation in the form of an administrative fine for legal entities from 20,000 to 30,000 rubles .

As practice has shown, RSOs are in no particular hurry to install ODPU for thermal energy on MKD. The reason for the slowness is simple - RSO can earn good money from this.

Since January 1, 2017, a new version of the Rules, mandatory when concluding a contract for the supply of utilities, approved by Decree of the Government of the Russian Federation of February 14, 2012 No. 124 (hereinafter referred to as Rules 124) has been in effect. According to clause 22 of Rule 124, if there is a responsibilities and technical ability to establish ODPU in the MKD and its absence, RSO has the right to use in settlements for goods delivered to the MKD thermal energy increasing coefficient, the value of which is set at 1.1.

The problem is that the management organization (HOA) cannot “recharge” the owners of the premises with the cost of thermal energy in the form of an increasing coefficient, which means that every month the management organization will have losses in the amount of 10% of the cost of the thermal energy supplied to the apartment building.

MKDs with a large area of ​​premises on the territory of the Russian Federation are mostly equipped, but there will be problems with “trifles” over the next year:

    According to 261-FZ RSO, after installing the ODPU in the MKD, is obliged to provide owners with installment plans for premises in apartment buildings, which means that it is first necessary due to working capital install ODPU, and then wait 5 years for the owners of the premises to pay off the RSO. This “injustice” for RSO, which consists in the obligation to fulfill the requirements of the federal law, is constantly “corrected” by the fairest Supreme Court of the Russian Federation in the world, which forces management organizations and homeowners associations to pay for the general public income tax payment. That is, RSO can determine small houses, and expose the entire cost of the ODPU to the management organization (HOA) without providing an installment plan for payment.

    The increasing coefficient is not applied if there is an inspection report to establish the presence (absence) of the technical feasibility of installing the ODPU, which means, in order not to “get” the coefficient, the management organization has a year to draw up such acts. The procedure for determining the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of the survey report to determine the presence (absence) of the technical feasibility of installing such metering devices and the procedure for filling it out are established by the Order of the Ministry of Regional Development of Russia dated December 29, 2011 No. 627

    The legislator has not clearly defined how exactly management organizations and homeowners' associations should communicate information about proposals received from the RSO for the installation of ODPU to the owners of premises. As I see it, in the best possible way will be the inclusion of the issue of the need to install ODPU on the agenda of the general meeting of premises owners.

In addition to all of the above, I would like to draw your attention to the fact that it is possible to charge the owners of premises in apartment buildings with the cost of general admission depends primarily on what was the reason for installing the ODPU:

    If the owners decided to install ODPU, its cost is paid by the owners in the manner established by the decision of the general meeting.

    If the ODPU is established by the management organization (HOA) based on instructions supervisory authority , then it will most likely not be possible to set the cost of the ODPU to the owners of the premises, since the work on installing the ODPU relates to energy-saving measures, and therefore must be carried out by the management organization (HOA) independently (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 29, 2010 N 6464/10 in case N A08 -4962/2009-27, paragraphs “and” clause 10 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491).

    If the ODPU establishes the RSO and sets the cost of the ODPU to the management organization (HOA), then the installment plan should be provided to the owners of the premises by the management organization (HOA).

And finally.

There is a lovely document, namely Order of the Ministry of Energy of the Russian Federation dated 04/07/2010 No. 149 “On approval of the procedure for concluding and essential conditions agreement regulating the terms of installation, replacement and (or) operation of metering devices used for energy resources.” Read this order at your leisure, especially since with its help you can force the RSO to install the ODPU or give a certificate stating the impossibility of installing the ODPU, which will protect against the increasing coefficient.

Not everyone in RSO is happy...

Best regards, Yuri Kochetkov.


Download the number in format pdf(10234 kB)

The Ministry of Construction of Russia explains the procedure for compensating the costs of installing common house energy metering devices

Category: Energy accounting
Author:

The Ministry of Construction of Russia issued a letter dated April 9, 2014 No. 5792-MS/04, in which it explained the procedure for compensating the costs of installing a collective (common house) utility meter.

The Department of Housing and Communal Services, Energy Saving and Energy Efficiency Improvement of the Ministry of Construction and Housing and Communal Services of the Russian Federation reports within its competence.

Clause 38(1) of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 “On approval of the Rules for the maintenance of common property in an apartment building...” (hereinafter also referred to as the Rules), it is determined that if the owners premises in an apartment building, before January 1, 2013, they did not ensure that such a house was equipped with a collective (common house) metering device for the used utility resource and, at the same time, in accordance with Part 12 of Article 13 of the Federal Law “On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain legislative acts of the Russian Federation" (hereinafter also referred to as the Law on Energy Saving), a collective (common house) metering device was installed, property owners are required to pay expenses for the installation of such a metering device on the basis of invoices and in the amount specified in paragraph two of paragraph 38(1) of the Rules, except for cases where such expenses were taken into account as part of the fee for the maintenance and repair of residential premises and (or) as part of those established for members homeowners association or housing cooperative or other specialized consumer cooperative mandatory payments and (or) contributions related to the payment of expenses for maintenance, current and major repairs of common property.

In accordance with paragraph two of paragraph 38(1) of the Rules of the invoice for payment of expenses for the installation of a collective (common house) metering device, indicating overall size the costs of installing such a metering device and the share of the costs of installing such a metering device, the burden of which is borne by the owner of the premises, are billed to the owners of the premises by the organization that, in accordance with Part 12 of Article 13 of the Energy Saving Law, installed a collective (common house) metering device. The share of costs for installing a collective (common house) metering device, the burden of which is borne by the owner of the premises, determined based on his share in the common property right for common property.

Part 12 of Article 13 of the Law on Energy Saving determines that citizens are owners residential buildings, country houses or garden houses, citizens - owners of premises in apartment buildings who have not fulfilled the fixed time responsibilities provided for by parts 5 - 6.1 of Article 13 of the Law on Energy Saving, if this required the specified organizations to take actions to install meters for the energy resources used, paid in equal installments over five years from the date of their installation, the costs of these organizations for the installation of these metering devices, provided that they do not express their intention to pay such costs at a time or with a shorter installment period. In the case of installment plans, the costs of installing meters for energy resources used are subject to increase by the amount of interest accrued in connection with the provision of installment plans, but not more than in the amount of the refinancing rate of the Central Bank of the Russian Federation in effect on the date of accrual, except in cases where the corresponding compensation carried out at the expense of the budget of the constituent entity of the Russian Federation, the local budget.

We clarify that when installing metering devices without installment plans, the costs of these organizations for installing metering devices for used energy resources consist, inter alia, of: the cost of the metering device, development costs project documentation for the equipment of the metering unit, its installation and commissioning, expenses for receiving and transferring funds, sending out payment documents and correspondence for payment for the installation of metering devices.

When installing metering devices with the provision of installments, the organization's expenses for installing metering devices for used energy resources consist, among other things, of: the cost of the metering device, the costs of developing design documentation for the equipment of the metering unit, its installation and commissioning, costs of receiving and transfer of funds, costs for the maintenance of information systems that ensure the processing and storage of data on payments for the installation of metering devices, issuance and distribution of payment documents and correspondence during the term of the installment plan. These costs in the aggregate are the costs of installing meters for energy resources used.

If an installment plan is provided, the specified costs for installing meters for energy resources used in accordance with Part 12 of Article 13 of the Energy Saving Law are subject to increase by the amount of interest accrued in connection with the provision of an installment plan, but not more than the refinancing rate of the Central Bank of the Russian Federation in force on the date of accrual, except for cases where the corresponding compensation is carried out at the expense of the budget of a constituent entity of the Russian Federation or the local budget.

Due to the fact that, in accordance with the Fundamentals of pricing in the field of water supply and sanitation, approved by Decree of the Government of the Russian Federation dated May 13, 2013 No. 406, inclusion organizations that install metering devices for used energy resources, the costs of installing metering devices for used energy resources are not included in the tariff (clauses 14, 46 of the Pricing Fundamentals), these costs are paid to these organizations by citizens - owners of residential buildings, country houses or garden houses, citizens - owners of premises in apartment buildings in the manner established by part 12 of article 13 of the Law on Energy Saving.

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After the division into individual consumption and general house needs (GDN) came into force, regardless of the procedure for managing apartment buildings, residents pay separately for utilities and separately for services for GDN. However, if there is a common house meter for hot and cold water, residents pay ODN according to the readings of the common meter, and no charges should be made in excess of the specified volume.

The stated advantages of installing a common house water meter include the following:

  • in the event of a loss of part of the water resources on the highways and when leaks of heat and water supply occur, residents of the houses should not compensate for the losses from their own pockets,
  • maintenance of the local area (for example, watering lawns) also comes under the control of residents.

However, these advantages do not remove the main objection: if different consumers spend different amounts of common resources, then why should everyone pay the same arithmetic average amount, and is it possible to avoid such “inequality” without violating the law. An equally frequent question is: who should pay for the purchase of communal water meters.

Legal requirements: clarification

Federal Law (No. 261-FZ) “On Energy Saving” in part 5 p. 13 presupposes the mandatory installation of communal cold and hot water meters, assigning responsibilities for the acquisition and installation to management organizations and owners. Responsibility for safety and functionality also rests with them.

Who should pay for the installation of common house metering devices - from and to

Article 158 of the Housing Code of the Russian Federation establishes the responsibilities of residents with regard to compensation for the costs of maintaining a common area.

There are two types of owners:

  1. Owners of residential premises (apartments) in apartment buildings are owners who have privatized the apartments with a certificate of ownership.
  2. Municipalities as holders of property rights to apartment buildings. The Municipal Property Department, which manages these houses by concluding contracts, delegates the right to:
    • management companies,
    • directly to apartment owners (depending on the chosen form of management).

Since the municipality is considered the owner of an apartment building, it is assumed that it should finance the purchase and installation of communal water meters. Moreover, if during a meeting of residents you refuse the offer of the management company or the HOA for installation, then by law they must still install a water meter, but at their own expense. Thus, in this interpretation, the law does not prohibit apartment owners from making a consolidated decision and financing the purchase of a water meter, but does not require it.

However, a significant part of network lawyers and representatives of municipal property management understand “owners” to be the owners of apartments in apartment buildings. Accordingly, in their explanations, financing responsibilities are also assigned to them.

In this interpretation, the amount for installation is divided between residents proportionally in accordance with the size of the living space.

At the same time, Law No. 261-FZ preserves the right of apartment owners to pay in installments. In this case, the payment is divided over five years, starting from the moment of installation and receipt of the payment receipt. Repayment of the installment plan is carried out in equal installments. However, in addition to direct payment, the owner will also have to pay interest for the installment plan. Their size corresponds to the refinancing rate of the Central Bank of the Russian Federation, which is valid on the day the payment is calculated. This interest amount includes:

  • costs associated with transferring money,
  • expenses aimed at maintaining information systems (these include resources for processing data on current payments and storing them),
  • the cost of sending correspondence and payment documents throughout the entire installment period.

By law, common house water meters are part of the common property and, starting from the moment of installation, resource consumption begins to be calculated in proportion to the area of ​​the apartments in an apartment building. Payment for municipal housing is carried out by the municipality, for a privatized apartment - by its owner. Moreover, if there is a non-residential premises (for example, a store on the ground floor), ODN are distributed to this area. The legality of the proportional division of services into ODN is enshrined in the decision of the Supreme Court of the Russian Federation No. AKPI12-1277.

Meter installation and pricing

The cost of installation depends on:

  • on the number of homeowners and the presence of commercial organizations in the house,
  • the presence/absence of a separate line for cold and hot hydraulic flow, which implies the need,
  • input diameter,
  • complexity of equipment and installation work,
  • pipeline wear and other factors.

For a common house cold and hot water meter, the average purchase and installation price is about 100-150 thousand rubles, and the amounts can vary from 60 to 300 thousand rubles.

Installation of a common house cold and hot water meter is carried out in compliance with the procedural rules and capabilities:

  • Since the management company does not have the right to install a meter without the knowledge of the resident, all of them must be informed as fully as possible about the feasibility of this procedure. As a rule, this happens at a general meeting, where, in addition to explanations about the installation procedure and the features of the water meter, contractor options are offered.
  • In a HOA, when voting, a decision is considered adopted by a majority of votes, while opponents of the decision still become participants in the collection of funds.
  • Owners can independently choose the company that offers the most favorable working conditions. Most often, such a company asks to provide signed applications for the installation and acceptance of hydroflow metering devices.
  • House management representatives can offer payment options:
    • through direct fundraising,
    • allocating funds from the capital repair fund (the most common method),
    • by concluding an agreement with a resource supply company on the purchase and maintenance of a meter with installment payments.
  • An agreement for the supply of resources can be concluded either directly with the supplier or through the chairman of the HOA or the management company.

In the event of a complete refusal to purchase a common house meter, the organization initiating the process may submit a statement of claim to the court. In most such cases, the court imposes penalties on the plaintiff and orders the purchase of a communal meter. The management company also faces penalties if it fails to notify the owners of the need to purchase an accounting device.

Types of popular public meters

In multi-storey buildings, turbine water meters are most often installed on flange connections with a nominal diameter (DN) of 40-150 mm. More often, dry-running models are chosen, in which the counting mechanism is isolated from contact with flowing water and is not damaged by hydraulic flow with debris and impurities. Most of these devices are available in two versions for cold and hot water, and the price of the meter is also affected by the permissible temperature limit.

Features to pay attention to:

  • width of flow ranges,
  • the ability to remove the sealed mechanism without emptying the pipeline,
  • possibility of installation on vertical, horizontal and inclined pipelines,
  • swivel mechanism for easy reading,
  • the presence of external adjustment for taking metrological parameters,
  • the presence and number of pulse outputs, and their adaptability to configurations with various sensors.

The general trend illustrates the growing interest in common house hot water meters with temperature sensors that record both the volume of flow and the amount of thermal energy. When configured, such a device can perform calculations with different coefficients depending on the temperature of the hydraulic flow. For example:

  • flow +50 C and above will be taken into account with a coefficient of 1,
  • +45-49 C – 0.9;
  • +40-44 C – 0.7;
  • up to +40 C – consumption is not taken into account, since such a resource does not meet the specified standards.

With all apartment owners sharing proportionately in paying the bills, residents quickly learn to save, from purchasing various modified water savers (for example, http://water-save.com/) to giving up some wasteful household habits.

Installation of common house metering devices

List of residential buildings in which, in accordance with the requirements of Federal Law No. 261, the Udmurt Utility Systems company installed communal metering devices. The file also indicates the cost of the metering device, how it is determined, see the answer to question 5.

1. What law obliges residents to install collective (common building) metering devices (hereinafter - UDPU) for electrical and/or thermal energy in apartment buildings?

Answer: Federal Law N 261-FZ “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation” dated November 23, 2009.

2. Who is responsible for equipping an apartment building?ODPU?

Answer: Until July 1, 2012 duty ensure that houses are equipped with metering devices for the resources used: water, thermal energy, electrical energy, as well as putting installed metering devices into operation, was entrusted to the owners of the premises in apartment buildings put into operation on the day the Federal Law “On Energy Saving” came into force.

If the owners fail to fulfill the obligation to install the ODPU within the specified period, organizations that provide water, heat, electricity or their transmission must equip apartment buildings with ODPU and engineering support networks of which are directly connected to the networks of an apartment building.

(Federal Law No. 261-FZ of November 23, 2009)

3. Who should pay for the installation costs of the ODPU?

Answer: In accordance with Part 12 of Article 13 of the Federal Law "On Energy Saving and Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation", owners of premises (both residential and non-residential) are required to pay the costs of installing a collective (common house) metering device.

Also, according to clause 38(1) of the Government of the Russian Federation of August 13, 2006 N 491 “On approval of the Rules for the maintenance of common property in an apartment building...” If the owners of premises in an apartment building did not ensure that such a house was equipped with a collective building before January 1, 2013 a common house) metering device for the used communal resource and, in accordance with Part 12 of Article 13 of the Federal Law “On Energy Saving and Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation”, a collective (common house) metering device was installed, the owners of the premises are required to pay the costs of installing such a metering device, except for cases when such expenses were taken into account as part of the fee for the maintenance and repair of residential premises and (or) as part of the mandatory payments and (or) contributions established for members of a homeowners’ association or a housing cooperative or other specialized consumer cooperative related to the payment of expenses for maintenance, current and major repairs of common property.

4. Why did UKS LLC not gather the owners and decide to install the ODPU itself?

Answer: The installation was carried out in accordance with the requirements of Federal Law N 261-FZ dated November 23, 2009. forcibly in apartment buildings, owners of premises in which they have not fulfilled the obligation to install common house meters in their homes thermal energy and/or hot water until July 1, 2012. Forced installation does not imply holding meetings of owners of premises in apartment buildings. At the same time, the owners of the premises are obliged to pay the costs of the Udmurt Utility Systems company for the installation of the ODPU; if they refuse to pay, the costs will be recovered in court.

A common house meter will be installed for everyone. For money!

How is the cost of the access control system with which an apartment building is equipped determined?

Answer: The cost of the ODPU includes the costs of the organization that, in accordance with Part 12 of Article 13 of the Federal Law "On Energy Saving and Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation", installed a collective (common house) metering device (based on invoices (estimates) )). And it depends on a number of interrelated factors:

- on the cross-sectional diameter of the pipeline, which in each house is different,

- depending on the configuration of the devices, which is different in each specific case,

- from the nuances of its installation.

In addition, the letter of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated April 9, 2014 N 5792-MS/04 clarified that when installing metering devices without installment plans, the expenses of organizations for installing metering devices for used energy resources consist, among other things, of : the cost of the metering device, the cost of developing design documentation for the equipment of the metering unit, its installation and commissioning.

6. Is the payment for OAPU the same for owners of residential and non-residential premises in apartment buildings?

Answer: In accordance with clause 28. Resolution of the Government of the Russian Federation of August 13, 2006 N 491 “On approval of the Rules for the maintenance of common property in an apartment building...”: Owners of premises are required to bear the burden of expenses for the maintenance of common property in proportion to their shares in the right of common ownership of this property. Thus, the mechanism for calculating fees is the same for owners of residential and non-residential premises and is determined proportional to area owned premises.

7. How is the amount of the payment for the public access control facility determined for each premises?

Answer: The Decree of the Government of the Russian Federation of August 13, 2006 N 491 “On approval of the Rules for the maintenance of common property in an apartment building...” clause 38(1) states:
The share of costs for installing a collective (common house) metering device, the burden of which is borne by the owner of the premises, is determined in proportion to the share in the common property right for common property.

8. Is it necessary to pay the entire amount at once?

Answer: For owners of non-residential premises - mandatory.
For citizens who own premises in apartment buildings, the law provides for the right to installment plans for a period not exceeding 5 years. Owners of residential premises can pay the costs of the organizations specified in the Federal Law “On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation” for the installation of these metering devices in equal shares within 5 years from the date of installation of the ODPU, provided that they there is no expressed intention to pay such expenses at a time or with a shorter installment period.

9. What is the “price” of installment plans?

Answer: If an installment plan is granted, the costs of installing meters for energy resources used are subject to increase by the amount of interest accrued in connection with the provision of an installment plan, but not more than in the amount of the refinancing rate of the Central Bank of the Russian Federation in effect on the date of accrual.

(Article 13, paragraph 12 of Federal Law No. 261-FZ of November 23, 2009)

Can consumers verify the correctness of the costs presented for payment for the installation of ODPU?

Answer: Yes, you can send a corresponding request to the resource supply company, which independently (or with the involvement of another organization) carried out the installation of the ODPU and submitted an invoice for reimbursement of its costs.

If you disagree with the amount of costs indicated in the invoice for the installation of a collective (common house) metering device and (or) the share of expenses allocated to it, the owner of the premises has the right to appeal to the organization that installed such a metering device and issued the invoice with disagreements, and if disagreements are not resolved, he has the right to appeal invoice issued in the manner established by the legislation of the Russian Federation. (clause 38(1) of section III of the Decree of the Government of the Russian Federation of August 13, 2006 N 491).

11. What are the sanctions for non-payment of the MTPL?

Answer: The law provides, firstly, for the accrual of penalties on the unpaid amount, and also, in the event of the Owner’s refusal to pay the costs voluntarily, he will be obliged to pay the costs incurred by the organizations that established the ADP in connection with the need for forced collection.

12. Will ODPU be installed in all apartment buildings?

Answer: Requirements regarding the organization of accounting of used energy resources do not apply to facilities whose power consumption of electrical energy is less than five kilowatts (in relation to the organization of accounting of electrical energy used) or the maximum volume of thermal energy consumption of which is less than two tenths of a gigacalorie per hour (in relation to organization of accounting of used thermal energy) (Article 13. clause 1. Federal Law No. 261-FZ of November 23, 2009).

13. Can consumers refuse calculations made on the basis of the DTPU?

Answer: No. Payments for energy resources must be carried out on the basis of data on the quantitative value of energy resources, determined using metering devices for energy resources used, starting from the month following the month of putting these metering devices into operation (clause 2 of Article 13 of the Federal Law "On Energy Saving" and on increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation").

14. How can I find out exactly where the ODPU for my home is installed, and who is responsible for providing access to the ODPU if I, as the owner, want to view it?

Answer: On this issue, you can contact the service/management organization of the apartment building.

15. I received an invoice to pay the costs of installing the ODPU, but I plan to sell the apartment. Who is responsible for paying expenses after the sale?

Answer: After the purchase and sale of an apartment, its new owner must continue to pay the costs of installing the ODPU.

Mandatory installation of a common house metering device (CDMU) is provided for by Russian legislation. And many residents of Buryatia are still asking for clarification on what ODPU is, although Federal Law No. 261 “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation” came into force back in 2009. “New Buryatia” tried to figure out the procedure for paying for the installation of collective metering devices.

So, ODPU is a measuring instrument (a set of measuring instruments and additional equipment), used to determine the volume of communal resources supplied to an apartment building. Simply put, this is a common building meter that accepts payments from the entire apartment building. Payments for energy resources (this includes electricity, water, heat) must be made on the basis of data on their quantitative value, which is determined using meters.

ODPU will be installed by the resource supply organization

According to the Federal Law “On Energy Saving...”, if by July 1, 2012, residents had not installed collective metering devices on their own, then the companies that supplied light, water and heat to their homes had to take over. Specialists of OJSC TGC-14, together with management companies and the city Administration, conducted an inspection of all residential buildings in Ulan-Ude and identified 186 objects where metering devices should be installed first. In some houses, at that time, the owners had already installed the devices themselves, while other houses were excluded due to the lack of technical capabilities.

Simply put, the law clearly states that OJSC TGC-14 must install meters - and OJSC TGC-14 installed them. Now, according to the law, all residents must pay OAO TGC-14 for these services for installing metering devices.

If the owner is not able to pay for the meter and its installation immediately, then the resource supply organization obliged to provide installments for payments with a deadline up to 5 years. In this case, the amount of accrued annual interest for this service provided on credit does not exceed the refinancing rate established by the Central Bank of the Russian Federation at the time of accrual. You can’t get a loan at such low interest rates (8.25%) anywhere now.

Important point. Even paying monthly for heat and hot water, but at the same time, for some “fundamental” reasons, excluding payments for installing a meter, you can fall into the category of debtors. And then, according to the law, all compulsory collection measures determined by law may be applied to you. Seizure of property, seizure of a car, deduction from wages, imposing a ban on traveling abroad is far from full list measures applied to debtors.

How much does it cost to install an ODPU?

Here is an example of calculating funds for installing communal meters in installments over 60 months for an apartment with an area of ​​58.7 square meters. m. We proceed from the cost of installing a meter in an apartment building - RUB 321,193.98. The device was installed in January 2015. Moreover, the total area of ​​all apartments in this building is 3456 sq. m. meters.

First, we determine the cost of installing the meter per 1 sq. m of area of ​​this house: the total cost (RUB 321,193.98) is divided by the total area of ​​all apartments (3456 sq. m). We calculate: 321,193.98: 3456 = 92.94 rubles.

Household metering devices in apartment buildings: who should install and pay for them

We calculate the cost of installing a meter for a specific apartment as follows: multiply the area of ​​this apartment (58.7 sq. m) by the cost of installing a meter per 1 sq. m. m (92.94 rub.). We calculate: 58.7 * 92.94 = 5,455.58 rubles. That is, for this apartment the cost of installing an ODPU is 5,455.58 rubles.

Then we calculate the monthly payment for 60 months. We divide the resulting cost of installing a common house meter (RUB 5,455.58) by 60 months. And the cost of payment for the meter installed in January 2015 is: 5455.58: 60 months = 90.93 rubles.

For installment payment, interest is charged, which is determined as follows: 5455.58 * 8.25%: 12 = 37.51 rubles.

The percentage of 8.25 is the refinancing rate of the Central Bank of the Russian Federation, taken from the Federal Law of November 23, 2009 No. 261.

Total monthly payment (90.93 rubles) + interest for installment payment (37.51 rubles): 90.93 + 37.51 = 128.44 rubles.

For the entire period, the amount of interest for installment payment will be 1143.97 rubles. And for 5 years, the owner of the apartment must pay for the installation of a common building meter: 5455.58 rubles. + 1143.97 rub. = 6599.55 rub.

You can change the timing of payment of the amount for installation, for example, by dividing payments not into 5 years, but into 2 years. There will be some interest savings, albeit small. You can also pay the entire remaining amount in one lump sum at any time.

The meter counts, residents save

Now let's give an example real savings consumption of thermal energy after installing an ODPU in a house on the street. Pushkina, 23. Residential building of the Soviet period, the area of ​​the house is 5567.6 sq. m. m, the number of apartments is 120. A common house meter was installed in this house in 2012.

The first adjustment of heating fees based on readings for 2012 was carried out at the beginning of 2013. The accrual according to the standard for 2012 for the entire house amounted to 2 million 165 thousand rubles, in fact, according to the readings of the meter, the house consumed thermal energy for 1 million 138 thousand rubles, i.e. savings amounted to 1 million 027 thousand rubles. Thus, funds were returned to each personal account of OJSC "TGC-14" depending on the area of ​​the apartment.

Adjustments to this house were carried out in both 2014 and 2015. As noted in the Teploenergosbyt Buryatia branch, there will no longer be “huge” savings at home, because consumption during different heating periods depends only on the outside air temperature, however, in 2014, 233 thousand rubles were returned to consumers’ personal accounts. , and in 2015 – 98 thousand rubles.

Housing and communal services / Management companies and homeowners associations

Residents of apartment buildings, which have not yet installed communal meters for water, heat and electricity, are forced to pay for the consumed utilities at an inflated price. It is calculated based on consumption standards increased by 1.5 times.

But, in the end, the issue of installing a common house meter moves to a practical level; utility workers install it at their own expense. After this, a new line appears in receipts for utility bills, and after that, every month, residents are forced to compensate for the costs of installing a common house meter for several years.

This situation raises numerous questions among residents: who should have installed the meter, is it possible not to install it, and how to check whether readings are taken from it correctly? We are publishing clarifications from the Ministry of Housing and Communal Services of the Krasnoyarsk Territory on this issue.

Who should install communal meters?

From July 1, 2012, the responsibility for equipping apartment buildings and residential buildings with communal and individual metering devices passed from the owners to resource supply organizations.

Resource supplying organizations are required to install communal and individual metering devices on premises at all facilities to which they supply utility resources. Owners of premises in apartment buildings and residential buildings are required to provide them with access to install metering devices and pay all costs associated with the installation of metering devices.

Also, resource supply organizations are obliged, at the request of the owners, to provide an installment plan for payment of expenses over a period of 5 years, while charging interest for the installment plan no higher than the refinancing rate of the Central Bank of the Russian Federation (requirement of Part 12 of Article 13 of Federal Law No. 261 of November 23, 2009).

Thus, all apartment buildings must be equipped with communal and individual utility meters. Of course, owners have the right, without waiting for resource supply organizations, to independently decide on the installation of metering devices.

In which houses can you not install communal metering devices?

— Where installation of a metering device of the appropriate type according to the design characteristics of an apartment building (residential building or premises) is impossible without reconstruction, major repairs of existing intra-house engineering systems (indoor equipment) and (or) without creating new in-house engineering systems (indoor equipment).

— Where, when installing a metering device of the appropriate type, it is impossible to ensure compliance with mandatory metrological and technical requirements to a metering device of the appropriate type, including the place and procedure for its installation, presented in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation;

— If in the place where a metering device of the corresponding type is to be installed, it is impossible to ensure compliance with the requirements in accordance with the legislation of the Russian Federation on ensuring the uniformity of measurements and on technical regulation mandatory requirements to the operating conditions of the metering device of the corresponding type, including due to technical condition and (or) operating mode of in-house engineering systems (indoor equipment), temperature regime, humidity, electromagnetic interference, flooding of premises, and (or) it is impossible to provide access for taking readings from a meter of the appropriate type, its maintenance, and replacement.

However, these delays are temporary, and after major repairs or reconstruction of the engineering systems of the house, the owners will still be required to install metering devices.

How are meter readings taken?

The contractor (that is, the organization that manages the house) is obliged to take readings from the common house utility meters from the 23rd to the 25th of the current month and enter the readings into the reading log.

This magazine is made available to the consumer for review upon request within 1 business day from the date of application. Information about the testimony of the common house and individual meters must be stored for at least three years.

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